Policy Author:
Student Affairs
Responsible Office/Department:
Student Affairs
Effective Date of Policy:
August 17, 2022
Policy Narrative
Every person in the University community is responsible for compliance with this policy. The Equal Opportunity Officer and has been given day-to-day responsibility for implementing this policy by the President.
Grievances
Grievances or complaints alleging a violation of the University’s policies prohibiting discrimination, harassment, and sexual harassment may be submitted to the Chief Diversity Officer and Title IX Coordinator (Duns Scotus, Room 118, 716-839-8249). Grievances may be submitted in writing using the online bias reporting form or any other written mechanism. A grievance should contain a statement of the facts identifying the violation and as much supporting documentation as possible. Upon request, assistance in preparing the grievance will be supplied by the EEO. Those filing a grievance should also express their view of a possible resolution to the problem. A grievance should be filed as soon as possible after the alleged discrimination has occurred (usually within 30 days). A delay in filing a grievance may impact the ability of the University to investigate and resolve the grievance.
Grievance Procedure
The EEO will attempt to resolve the matter as simply and as quickly as possible by informally meeting with the relevant persons in an effort to reach an acceptable agreement. If the complaint involves an alleged sexual assault, the matter will immediately proceed to Step 2 below; no informal mediation will be undertaken. Cases of alleged sexual assault in which both the complainant and respondent are students will follow the procedures outlined in the Sexual Violences Policies and Procedures Section of this Handbook.
If an acceptable resolution is not reached by the EEO, the grievant may request that the matter be referred to the appropriate Cabinet member (Vice President for Academic Affairs(VPAA) in the case of a faculty grievant) for a more formal investigation. Such request may be made at any time, but not later than ten (10) days after notification that the Step 1 procedure is completed. Within thirty (30) days thereafter, the Cabinet member or VPAA or their designated representative (Grievance Officer) will conduct an investigation with respect to the grievance. (Should the grievance be against either the EEO or the Cabinet member, the grievant should notify the Associate Vice President of Employee Engagement who will arrange for another Grievance Officer to be appointed.) Efforts will be made to complete the investigation within 45 days after Step 2 is initiated.
During the investigation, the grievant shall have the right to present evidence and witnesses. The Grievance Officer will also examine other relevant evidence and witnesses, including professionals where appropriate. The Grievance Officer shall render a written decision on the grievance applying a preponderance of the evidence standard. A copy of the decision will be provided to the grievant and accused party(ies). Either party may seek review by the University President of all or part of the Grievance Officer’s decision by filing an appeal with the Office of the President within 10 days after the decision is rendered. The President in conjunction with legal counsel for the University will review the decision to determine whether it is supported by substantial evidence and that the University substantially complied with applicable procedures. The President’s decision will be rendered within 30 days of filing the appeal. The President may affirm the decision, modify the decision, or return the matter for further investigation. Should the President be the accused party, the appeal will be made to the Executive Committee of the Board of Trustees, which will review and rule upon the Grievance Officer’s decision.
Purpose for Policy
To create and maintain an equitable environment where students have the optimal opportunity to succeed academically, personally, and professionally and where any and all Daemen University Community members feel safe, valued, and respected.
This policy’s virtual location ishttps://www.daemen.edu/student-life/student-affairs/student-handbook/section-5-general-university-policies