University of Nebraska at Kearney - March 2016
The University of Nebraska at Kearney grievance procedures apply to, but are not limited to, any claim or charge relating to conditions of employment, as well as actions that affect the creation and promotion of a hostile work or academic environment. Acts of prohibited discrimination will not be tolerated in the work or academic environment, nor will acts of such discrimination be permitted outside the work or academic environment if such acts affect the normal work or academic environment.
These procedures are available to any employee, applicant for employment, student, candidate for admission, campus visitor or other invitee, licensee or university volunteer who believes he or she has not received the benefits of the Nondiscrimination or Sexual Harassment Policies. The University reserves the right to take appropriate action against prohibited discrimination affecting the academic or work environment in the absence of a complaint from an individual.
Any person acting on behalf of the University of Nebraska at Kearney, within the realm of his or her University duties or under University authority, is potentially subject to the sanctions provided herein. Inquiries or complaints about procedures and policies regarding inappropriate or prohibited student behavior should be addressed to the Dean of Student Affairs.
A work and academic environment free of discrimination is the responsibility of every member of the campus community. Students, faculty, staff and administrators may assist parties in bringing forward inquiries or complaints of alleged prohibited discrimination to those persons designated herein to receive such inquiries and complaints.
There shall be no retaliation against any person who in good faith participates in or takes advantage of these grievance procedures. This protection will extend to, but is not limited to, parties to a complaint, those who cooperate in an investigation, and those who testify at a hearing. Such retaliation will be treated as a separate offense, subject to these grievance procedures in the same manner as a prohibited discrimination complaint.
To the greatest extent possible, University Representatives, employees of the Office of Affirmative Action/Equal Opportunity, and members of the Affirmative Action Commission or its designees shall observe confidentiality with respect to any matter brought under these procedures. The duty of confidentiality shall also extend to all parties to the complaint and the investigation. This duty of confidentiality does not preclude the authority to communicate to the parties' superiors or line officers, to conduct a meaningful investigation, to communicate with individuals or groups either party may have confided in or identified as a witness, or to place a report on file with the Office of Affirmative Action/Equal Opportunity.
All periods of time set forth herein may be expanded or expedited if the Administrator, in the exercise of his or her good faith judgment, deems a greater or lesser amount of time is necessary to serve the intent of these policies and procedures.
A party may wish to inquire about the Nondiscrimination Policy and Grievance Procedures Relating to Alleged Prohibited Discrimination, but may not wish to initiate any action regarding the concern. This type of communication is considered an inquiry and is not a complaint.
It is the policy of the Office of Affirmative Action/Equal Opportunity to encourage informal resolution of complaints of alleged prohibited discrimination; however, this policy recognizes that there are certain instances of particularly egregious behavior that indicate a hearing pursuant to Formal Proceedings set forth later in this statement is most appropriate.
The Administrator or Appropriate Administrative Officer shall be deemed to have received an informal complaint at the time a Grievant indicates, verbally or in writing, he or she desires some sort of informal action. Upon receiving an informal complaint, the Administrator or Appropriate Administrative Officer shall request that the Grievant complete a Complaint Form which shall be placed on file with the Office of Affirmative Action/Equal Opportunity. The Administrator or Appropriate Administrative Officer acting on the complaint shall inform the Respondent of the complaint normally within five (5) working days of receipt of the complaint. Such notification may be by any method reasonably suited to communicate that an informal complaint has been made.
In order to facilitate mediation or conduct a well-informed investigation, the course of informal action will consider sources suggested by the Grievant and the Respondent. Informal action may include, but is not limited to, communication with the Respondent, interviews or other investigation of the matter, mediation, conciliation, and education. The informal action requested shall normally be completed within 20 working days of the receipt of the informal complaint.
An informal complaint may be resolved in any of the following manners:
Any party to a formal hearing may appeal the determination of the Hearing Panel to the Chancellor by delivering to the Chancellor normally within 10 working days of the determination, a written statement specifically stating how the determination of the Hearing Panel is in error. The Chancellor shall be authorized to request such information as he or she deems necessary to review the matter and to take such action as he or she deems reasonable to correct any error in the proceedings or in consideration of the evidence. The Chancellor shall be authorized to amend any finding or sanction made by the Hearing Panel, which does not in his or her judgment appropriately address the complaint. The Chancellor shall deliver his or her determination on appeal to the Grievant, the Respondent, the Chair of the Hearing Panel and the Administrator normally within 20 working days from the date of receipt. The University of Nebraska will provide no further appeal of the complaint.
Upon final determination of the complaint or appeal, whether by the Hearing Panel or the Chancellor, the Administrator shall inform the Respondent's superior(s) or line officer(s) of the determination and oversee the implementation of any sanction or other action, if any, required by the determination.