Human Resources

 
 
 

IX. Investigations

Prior to commencing an investigation of a complaint of discrimination, harassment (including sexual misconduct, dating violence, domestic violence, stalking) and/or retaliation, the consent of the complainant, if known, shall be requested. If the complainant is under the age of eighteen (18) years, and does not attend a post-secondary institution, the parents or guardians of the complainant will be asked to provide consent for the investigation. Regardless of whether the consent of the complainant or a minor complainant’s parents is given, the University has a duty to investigate allegations of discrimination, harassment (including sexual misconduct, dating violence, domestic violence, stalking) and/or retaliation.

Upon receipt of a complaint of discrimination, harassment (including sexual misconduct, dating violence, domestic violence, stalking) and/or retaliation, a trained investigator(s) will be assigned to investigate the allegations of the complaint. The investigator(s) will be assigned according to this Section IX based upon who the accused individual might be. Before an interview of a member of a bargaining unit who has been accused of violating this Policy is conducted, the member will be advised that they are entitled to have a Union representative accompany them to the interview. The investigation will be conducted within a reasonable amount of time and will normally be completed within 60 days. However the investigation and resolution of a complaint may vary depending on the complexity of the investigation and/or the extent of the alleged harassment or discrimination. The investigation shall be conducted in a manner that is adequate, reliable and impartial and may include any of the following:

  • interviews of the complainant and the accused
  • interviews of any witnesses
  • gathering of any other relevant information, including but not limited to, past complaints of a similar nature raised against either party

The investigator will make every effort to keep the complainant timely informed about the status of the investigation.

Interim Measures

At any time during the investigation, the investigator may recommend reasonable interim protections or measures for the parties involved or witnesses. These protections and measures may include, but are not limited to, separating the parties, placing limitations on the parties, no contact orders, suspension, alternative workplace or student housing arrangements, transportation or reasonable academic adjustments.

These measures are available regardless of whether a complainant pursues a complaint under this Policy. When taking such interim measures the University will, to the extent practical, minimize the burden on the complainant. The respondent and/or the complainant will, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for, and terms of the interim measures, including modifications and be allowed to submit evidence in support of the request.

  1. Complaints Accusing Employees

    The Title IX Coordinator/Director of Equity and Compliance or designee will investigate all Title IX complaints of discrimination, harassment (including sexual misconduct, dating violence, domestic violence, stalking) and/or retaliation accusing employees. (Title IX complaints include, but are not limited to, sexual assault, sexual misconduct, sexual harassment, dating violence, domestic violence, stalking, discrimination and harassment based on sex or gender.)

    The Title IX Coordinator may assign investigators from the Anti-Discrimination Panel to investigate and resolve complaints of discrimination, harassment and/or retaliation accusing employees. Any employee who, after appropriate investigation, has been found to have violated this Policy, will be subject to disciplinary action, which may include reprimand, suspension from service for a stated period, with or without pay, termination of employment, or such other responsive actions deemed appropriate for the violation.

    Recommendations for disciplinary action against faculty members accused of violations of this Policy will be forwarded to the Provost, who will initiate disciplinary proceedings in accordance with Article XIX of the Collective Bargaining Agreement between the University and the American Association of University Professors (AAUP). After completion of the proceedings, the Provost will issue an outcome letter to the faculty member with a copy to the Title IX Coordinator and the Associate Vice President for Human Resources and Labor Relations for their files.
     

  2. Complaints Accusing Students

    The Title IX Coordinator/Director of Equity and Compliance or designee will investigate all Title IX complaints of discrimination, harassment (including sexual misconduct, dating violence, domestic violence, stalking) and/ or retaliation accusing students. (Title IX complaints include, but are not limited to, sexual assault, sexual misconduct, sexual harassment, dating violence, domestic violence, stalking and gender based discrimination or harassment.) Upon completion of the investigation, the investigative report will be forwarded to the Assistant Vice President & Dean of Student Affairs or designee. If there are sufficient grounds to proceed, the matter will be adjudicated consistent with the Code of Conduct.

    The Assistant Vice President & Dean of Student Affairs or designee will investigate and resolve other complaints of discrimination, harassment and/or retaliation accusing students, consistent with the Code of Conduct.

    In the event that provisions of the Code are inconsistent with legal requirements, the legal requirements will prevail. Any student who, after an appropriate investigation and adjudication, has been found to be in violation of this Policy, will be subject to disciplinary action, which may range from a warning to expulsion, depending on the severity of the misconduct, the student’s cumulative conduct record, institutional precedent, and other mitigating or aggravating circumstances.
     

  3. Complaints Accusing Third-Parties and Complaints of Third Parties that Occur on any Campus, Campus Center or Site

    Normally, the Director of Employment, Employee, and Labor Relations or the designated representative of the Associate Vice President for Human Resources and Labor Relations will investigate complaints accusing non-students and non-employees of incidents related to the University’s programs and activities and programs involving third parties that take place on any University campus or Campus Center. Examples include incidents involving visitors to the University, camps conducted by third parties on any University Campus or Campus Center or Site, vendors, and individuals at a field placement or internship. Any third-party who, after appropriate investigation, has been found to have violated this Policy, will be subject to restriction from University property, cancellation of vendor contracts, discontinued use of placement sites, or such other responsive actions deemed appropriate for the violation. Referrals may also be made to law enforcement, as appropriate.

 

For further information, please contact:

Office of Human Resources
p – 516.877.3220
e – humanres@adelphi.edu

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