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SECTION 156: EQUAL OPPORTUNITY GRIEVANCE PROCEDURES

SOURCE: NDSU President

1. INTRODUCTION

   1.1

   The purpose of these grievance procedures is to provide a fair and orderly system for review at North Dakota State University of alleged violations, of equal opportunity laws, regulations, and policies that prohibit discrimination based on race, color, religion, national origin, sex, disability, age, veteran's status or sexual orientation. These procedures have been approved by the University President, following review by the Presiding Officer of the University Senate, the President of the Staff Senate, the Student Body President, and the President's Council.

   1.2

   Any individual or group filing a grievance under this procedure is entitled to protection from harassment, reprisals or retaliation as a result of having filed. Any violation of the protection may, in itself, constitute grounds for a grievance.

   1.3

   Parties to a grievance filed under this procedure will make every effort to comply with the established timelines for giving notices and completing actions related to the grievance. In extenuating circumstances, these timelines may be extended by the NDSU Director of Equity and Diversity in consultation with the parties.

2. Step 1--ADMINISTRATIVE REVIEW OF GRIEVANCE

   2.1

   Any student, employee of the University, or any group of such persons who feels affected by an apparent violation of equal opportunity laws, regulations, or policies shall be initially entitled to an administrative review of the grievance.

   2.1.1

   The review is initiated by completing the NDSU Formal Equal Opportunity Grievance Form (available from the NDSU Equity and Diversity Office) and filing it with the University's Director of Equity and Diversity. Unless the Director of Equity and Diversity stipulates otherwise, the grievance form must be submitted within six months of the alleged violation.

   2.1.2

   This review shall include (1) an administrative inquiry into the facts of the case, (2) a discussion of the case by the administrator with the grievant, the party whose action is the subject of grievance, and the Director of Equity and Diversity, (3) a conclusion by the administrator regarding whether or not the case involves a violation of equal opportunity rights, (4) an attempt to achieve a mutually acceptable resolution of the grievance, and (5) a written communication of that conclusion to the grievant and the party whose action is the subject of the grievance. Unless there are extenuating circumstances, the administrative review will be completed within 30 working days after the date of the filing.

   2.1.3

   As an alternative to this review, a grievant may, of course, pursue any channel of review under another University policy (such as the Grade Appeals Board policy for students [Section 337], the Grievance Procedure for Conditions of Employment or Appeal Procedure for Disciplinary and Reduction In Force Actions [Sections 230 and 231, respectively], or the Board Regulations on Nonrenewal, Termination or Dismissal of Academic Staff, the Board Regulations on Hearings and Appeals, or Grievances - Faculty [Sections 350.3, 350.4 and 353 respectively]).

3. Step 2--NEGOTIATION

   3.1

   If a grievance is unresolved after Step 1, either the grievant or the party whose action is the subject of the grievance may, within 10 working days of the issuance of the administrative determination, make a written appeal to the University's Director of Equity and Diversity for negotiation of the case by a representative of the grievant, a representative of the party whose action is the subject of grievance, and the Director of Equity and Diversity. Within 5 working days of the appeal for negotiation, the two parties should provide the Director of Equity and Diversity with the name of the person who will serve as their representative for this process.

   3.1.1

   The negotiators' responsibilities shall be to (1) determine the facts relevant to the grievance, (2) discuss the application of equal opportunity laws, regulations and policies, (3) attempt to resolve the grievance through further discussion and negotiation and, if that is unsuccessful, (4) refer the case to the hearing committee below or to another duly constituted University hearing committee such as the Grade Appeals Board or a Faculty Special Review Committee. Unless there are extenuating circumstances, the negotiators will complete their work within 30 working days.

4. Step 3--HEARING COMMITTEE

   4.1

   Upon referral from the negotiators, a grievance shall be heard by a five member equal opportunity hearing committee. The negotiators shall designate the chair and other members of this committee from among the University Equal Opportunity Hearing Panel, which shall consist of the following 18 members:

   • 6 NDSU students appointed by the Student Body President,

   • 6 NDSU faculty members appointed by the Presiding Officer of the University Senate, and

   • 6 NDSU broadbanded employees appointed by the Staff Senate President.
     
     

   4.1.1

   Each group of panel appointees shall include members of both sexes and ethnic/racial diversity. Part-time students and regular employees are eligible for appointment.

   4.2

   An Equal Opportunity hearing committee shall conduct its hearing in accordance with the following requirements:

   4.2.1

   Any grievant requesting a hearing must file a written statement with the hearing committee indicating the grounds upon which a violation of equal opportunity is alleged to exist. Upon receipt of this statement, the committee chairperson shall schedule a date for an initial hearing.

   4.2.2

   The committee shall attempt to schedule hearing sessions only when all of its members are able to be present. If the committee decides, however, that the parties interests are best served by scheduling a session even when one or more of the committee members are not able to be present, then the absent members shall be responsible for reviewing the tape recordings of that session to familiarize themselves with the evidence presented at that time.

   4.2.3

   Attendance at any hearing shall be limited to the committee members, the parties, and their attorneys or other representatives unless both the parties shall agree to offer an express invitation for a particular hearing or session to the public or representatives of the press.

   4.2.4

   The committee chairperson shall preside at all sessions, and any party or representative wishing to present evidence, examine witnesses, summarize evidence, or present arguments shall do so only with the consent of the chairperson. The committee shall tape-record sessions at which testimony is heard and shall allow controlled access to the tape for review or transcription by any party directly involved in the proceedings. The committee shall also keep summary minutes of its proceedings.

   4.2.5

   At the beginning of a hearing, the committee shall provide an opportunity for opening statements to be made, first by the grievant, then by the party defending the action in question. The committee shall then rely upon the opposing parties to call the necessary witnesses and present relevant evidence. The committee shall reserve the right, however, to call its own witnesses and to act in an investigative capacity itself, should the need arise.

   4.2.6

   The committee shall consider both oral testimony and written evidence. Upon receipt of any written statement or evidence provided by any party to the committee, the committee shall promptly provide the other party with a copy of such material. Any person offering testimony before the committee shall be subject to questioning by the committee members or either party with specific consent of the committee chairperson. The committee shall reserve the right to exclude redundant evidence as determined by committee vote. The committee shall exercise the limit of its authority to secure the testimony of essential witnesses or other relevant evidence. At the conclusion of a hearing, the committee shall provide an opportunity for either party to submit a written summary of its position.

   4.2.7

   The committee shall vote by secret ballot, and the committee chairperson shall vote on all questions. In order for the committee to find a violation of equal opportunity, the grievant must show by the greater weight of the evidence that such a violation did, in fact, occur. If an alleged harasser in a sexual harassment case claims consent as a defense and the person was in a position of power or control over the grievant, the burden of proof on the issue of consent is on the alleged harasser. The vote required for committee action will be a simple majority of total number of votes eligible to be cast. Without disclosing actual tallies, all voting results and any recommendations of the committee shall be promptly made available in writing to all of the parties involved in the case and the University President. If the committee has found an equal opportunity violation, the President shall be responsible for determining an appropriate administrative response.

HISTORY: December 20, 1977; Amended September 1993; Amended January 1996; June 2000.