The purpose of the Discrimination/Sexual Harassment Complaint Procedure is to implement the University's Discrimination Policy. These procedures provide for the resolution of complaints alleging violations of this policy. They ensure that, according to principles of due process, a fair and impartial review of each complaint will be conducted in order to establish whether reasonable cause exists for determining that an unlawful practice of discrimination has occurred.

The complaint procedures detailed below include provisions for resolution by department chairs or deans, for an informal investigation and resolution process coordinated by the Center for Human Rights or the Ombudsperson's Office, or for a formal complaint investigation process managed by the Center for Human Rights. The complaint procedures also provide for special resources and operational guidelines to accommodate the unique circumstances surrounding sexual harassment complaints and investigations. Appeal procedures appropriate for faculty, staff, and students are also incorporated.

Throughout this document, the term "complainant" refers to any employee or student who files a complaint against an employee, student, or department of WSU alleging a violation of the University's Discrimination/Sexual Harassment Policy. The term "respondent" refers to a person (or persons) accused of the policy violation as charged by the complainant. A "Definition of Terms" can be found at the end of this document.

It is the direct responsibility of all administrators, deans, directors, chairs, and supervisors to:

1. Ensure that all employees, permanent or temporary, are made aware of this policy, the types of conduct prohibited by it, and the avenues available for resolution of violations;
2. Monitor their respective working and learning areas for violations of this policy;
3. Listen to charges of policy violations brought to their attention by students, faculty, or staff;
4. Either intercede for complaint resolution or refer the complainant and/or respondent to the Ombudsperson's Office or the Center for Human Rights for further assistance, advice, or investigation;
5. Report immediately to the Center for Human Rights all complaints of discrimination, including sexual harassment, whether resolved or referred to other University resources, including complaints where no action was taken; and
6. Prevent retaliation for the use of these University complaint procedures.
   

These complaint procedures are available to any person who, at the time the alleged offense occurred, was employed by, was enrolled as a student at, or received services from Washington State University.

Individuals who wish to initiate a complaint may choose to do so in one of the following ways:

• Submit the complaint to the appropriate administrator, dean, director, chair or supervisor (outlined in Section A);
• Initiate the complaint through the Informal Complaint Resolution Process (outlined in Section B); or
• File a formal complaint in accordance with the provisions of the Formal Complaint Investigation Process (outlined in Section C).

Section A.

Complaint Action Initiated Through Administrator, Dean, Director, Chair, or Supervisor

Individuals who have a complaint are encouraged to discuss the matter with the appropriate administrator, dean, director, chair, or supervisor if feasible; the complaint may be resolved by mutual consent at this point.

It is the direct responsibility of all administrators, deans, directors, chairs, and supervisors to listen to charges of policy violations; either to intercede for complaint resolution or to refer the complainant and/or respondent to the Ombudsperson's Office or to the Center for Human Rights for further advice and assistance; and to ensure that retaliation for the use of any University complaint procedures does not occur.

Section B.

Informal Complaint Resolution Process

The Informal Complaint Resolution Process will be conducted by the Ombudsperson's Office or the Center for Human Rights. These operational guidelines will govern all informal complaint investigation procedures; additional special provisions for handling sexual harassment complaints are set forth in the following section:

1. Informal complaints may be submitted either orally or in writing.
2. While every effort will be made to maintain confidentiality for the complainant and respondent, the University must act to eliminate any unlawful discrimination.
3. Representatives from the above-mentioned offices will act as facilitators to mediate and resolve complaints. Activities undertaken toward this end may include fact gathering through interviews and discussions with the complainant and respondent, discussion with cognizant chairperson, director, or dean, if appropriate, and counseling with the individuals involved.
4. Informal resolution may be attained through mutual consent of the complainant and respondent or through other informal remedial measures, including disciplinary sanctions.
5. If the complainant is not satisfied with the resolution achieved following this informal process, a formal complaint may be filed pursuant to Section C, below.
6. The Ombudsperson or the Center for Human Rights may initiate a formal investigation, which will be conducted by the Center for Human Rights, if the informal complaint procedure is deemed not appropriate to the circumstances of the complaint. The Center for Human Rights will proceed with the formal complaint, with or without the participation of the original complainant.
   

Section C.

Formal Complaint Investigation Process

All formal complaints must be filed in writing with the Center for Human Rights (see the Discrimination Complaint Form at the end of this document). The Center for Human Rights will discuss the nature of the complaint with the complainant, outline the principles of due process, and collect preliminary data. The Center for Human Rights will also advise the complainant of his or her right to take complaints outside the University, e.g., to the Human Rights Commission. Thereafter, the process will proceed as follows:

1. The complainant will receive written acknowledgment of the filing of the formal complaint within five days.
2. The allegation will then be investigated and findings of fact, determination, and recommended remedies will be prepared by the Center for Human Rights.
3. If the investigation produces reasonable cause to believe that a violation of the University's discrimination Policy has occurred, these findings and recommended action will be forwarded for disposition to the Provost if the respondent is a faculty or exempt staff member; to the Vice Provost for Human Relations and Resources if the respondent is a classified staff member; or to the Vice Provost for Student Affairs if the respondent is a student.
4. If the Provost, Vice Provost for Human Relations and Resources, or Vice Provost for Student Affairs concurs with the findings and determination, he or she will initiate appropriate disciplinary action against the respondent, taking into consideration the action recommended by the Center for Human Rights.
5. Disciplinary action involving dismissal of a faculty member shall be in accord with the Disciplinary Regulations contained in the Faculty Manual. The process completed by the Center for Human Rights shall constitute the "informal procedures" referred to in the Faculty Manual. The matter shall proceed to a formal hearing conducted pursuant to the Higher Education Administrative Procedures Act, Chapter 28B.19 RCW, without further informal procedures, if the faculty member requests such a hearing within ten days of being notified by the Provost of the action to be taken.
6. If disciplinary action taken against a classified staff employee is appealable under the State Personnel Board statutes and regulations, then the respondent may pursue an appeal to the State Personnel Board.
7. Both the complainant and the respondent have the right to be accompanied by a friend or advocate throughout the entire process. In addition, each is entitled to the advice of legal counsel at his/her own cost at all stages in the proceedings.
   

Sexual harassment is one form of discrimination. As with all cases of discrimination, the complainant will have a choice between informal and formal complaint procedures. However, to accommodate the special needs and unique circumstances surrounding complaints of sexual harassment, the University has added specialized resources and operating guidelines to both the informal and formal procedures.

Complainants will be advised that, under case law and University policy, complaints of sexual harassment must be acted upon by the University. While every effort to maintain confidentiality will be made, the University through the Ombudsperson's or Center for Human Rights Offices, will pursue investigation of a complaint, if warranted, without the continued involvement of the original complainant. As in all cases, the University will observe the principles of due process for all parties concerned and protect complainants and witnesses from retaliation.

The Center for Human Rights or the two Special Ombudspersons for Sexual Harassment who report to the University Ombudsperson may informally resolve a sexual harassment complaint.

Use of the Formal Complaint Investigation Process for sexual harassment cases will involve the Center for Human Rights working with at least one of the Special Ombudspersons for Sexual Harassment. Their investigation and disposition of Formal Complaints alleging sexual harassment will follow the procedures outlined above in Section C.

Institutional liability is potentially created whenever any supervisor is notified or an administrator is aware of an allegation of sexual harassment. An effective process for reporting instances of sexual harassment is critical for implementation of this policy. All sexual harassment complaint allegations received and handled informally by deans, directors, chairs, supervisors, or their designees and the Ombudsperson's Office shall be reported immediately on a confidential basis to the Center for Human Rights.

All reports of valid complaint allegations and records of informal complaint resolution will be held confidentially in the Center for Human Rights. This confidential information will be used for statistical reporting required by state and federal law and for monitoring patterns of sexual harassment allegations. Where any pattern is detected, the Center for Human Rights will consult with the Provost's Office to determine if a fact-finding investigation should be initiated by the University so as to ensure the effective implementation and enforcement of its Discrimination/Sexual Harassment Policy. Records of allegations of sexual harassment found, upon informal investigation, to be without merit will not be retained in either the Center for Human Rights or the Ombudsperson's Office.

No individual filing a complaint or otherwise participating in a complaint procedure will be subject to reprimand or retaliatory action. Retaliatory action of any kind taken against an employee or student as a result of that person's seeking redress under the applicable procedures dealing with sexual harassment is prohibited. Such action shall be regarded as a separate and distinct cause for complaint.

Malicious or Frivolous Allegations

If it is determined that a sexual harassment allegation is malicious or frivolous in nature, the complainant may be subject to disciplinary action.

Administrators, deans, directors, chairs, and supervisors are responsible for informing all employees and students about the prohibition of discrimination. The Center for Human Rights is prepared to assist in this process by coordinating education and training including regular publication of the Discrimination and Sexual Harassment Policy.

DEFINITION OF TERMS

Complainant: Any employee, student or person who receives WSU services, who files a complaint against a department or employee of Washington State University.

Complaint: An allegation of violation of University policy, and/or state and federal regulations, which prohibit discrimination on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, or status as a Vietnam-era or disabled veteran in employment or education opportunity.

Determination: The conclusion drawn from a thorough analysis of a formal fact-finding investigation, conducted by the Center for Human Rights as to whether there is reasonable cause or no reasonable cause to believe that discrimination or sexual harassment has occurred.

Disciplinary Sanctions: Actions resulting when faculty, staff, or students violate the University's policy prohibitions against discrimination and sexual harassment and where reasonable cause for discipline has been determined. These include warning, censure, suspension, dismissal, or, in emergency situations, summary suspension.

Discrimination: To make employment or education decisions based on prejudice or preference which is based on race, sex, religion, color, creed, national or ethnic origin; physical, sensory, or mental disability; marital status, sexual orientation, and status as a Vietnam-era or disabled veteran.

Formal Complaint Investigation Process: Handling of complaints filed in writing with the Center for Human Rights and investigated in accordance with the structured procedures set forth in Section IV (C).

Informal Complaint Investigation Process: The process addressing complaints submitted either orally or in writing to the Ombudsperson's Office or the Center for Human Rights on a confidential basis unless otherwise agreed; representatives of these offices will act as facilitators to mediate and resolve complaints informally through mutual consent, without formal fact-finding investigations.

Ombudsperson: A tenured faculty member appointed to safeguard the individual rights of students, faculty, and staff by providing information concerning University policies and procedures, receiving and investigating com-plaints informally on a confidential basis, mediating conflict resolution, and making recommendations for the expeditious and impartial re-dress of a wide range of University-related grievances; the Ombudsperson's Office operates independently from the University administrative structure, maintains separate and confidential office records, and possesses power to recommend but not to enforce University decisions.

Respondent: A person alleged to be responsible for the violation charged in the complaint. The term may be used to designate persons with direct responsibility for a particular action, or persons with supervisory responsibility for the University areas covered in the complaint.

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, (2) submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile, or offensive environment.

Special Ombudsperson for Sexual Harassment: Two permanent University employees, at least one of whom must be a female, charged with responsibility for implementing the Informal Complaint Investigation Process for informal complaints of sexual harassment. The special Ombudspersons are appointed by the Provost to serve staggered three-year terms; while they often work with the Center for Human Rights, they report to, and maintain files in, the University Ombudsperson's Office.