VII.E. BSC Grievance Procedure

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Definitions:

Enforcement Committee
The Enforcement Committee shall refer to the investigating committee, which may either be the Conduct Committee or the Cabinet. For harassment cases, the enforcement committee will be the Cooperative Experience manager, Conduct Member Advisor and the Conduct Chair.
Enforcement Committee Chair
The Enforcement Committee Chair is either the Concom Chair or President, depending on the Enforcement Committee.
Hearing Officer
The hearing officer, will perform a preliminary assessment of the conduct complaint, which shall include consulting with the complainant if additional information is needed. The hearing officer is the Cooperative Experience Manager or a designee of the Executive Director.
Harassment
For the purposes of this policy, harassment will refer to both sexual harassment and other instances of harassment.
A. Unit-level officials are responsible reporters in cases of harassment, sexual misconduct, assault, and other threatening or dangerous behavior that threatens community safety. Unit level officials must forward any and all reports of these incidents to central-level staff.
B. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation.
Tier Definitions
Tier 1
Unit Level Conduct Resolution: This tier of the conduct process is focused on small, manageable conflicts within a unit. The goal of unit level mediation is to empower the units to handle conflicts before they create discomfort in the community. This form of resolution is NOT meant for major conduct policy violations.
Tier 2
General Conduct Violation Process: This tier of the conduct process is focused on conduct policy violations. The goal of this process is to resolve conduct violations at the central level.
Tier 3
Conduct Violation Process for Harassment, Sexual Harassment, Discrimination, Physical Assault and Distribution: This tier of the conduct process focuses on only the violations mentioned above. These complaints will take priority over other cases due to the severity of the conduct policy violations.
Introduction to the BSC Conduct Process
The BSC endeavors to resolve member conduct issues in a manner that respects both the rights of the member(s) alleged to have violated policy and the member(s) who was harmed by the conduct violation. For conflicts that are not clear violations of conduct policy, members should follow the Tier I unit-level conduct resolution steps outlined in this policy. For conduct violations, there are two defined grievance processes: a process for general conduct violations, and a specialized process for any instance involving harassment, sexual misconduct ,physical assault or distribution.


Unit Level Conduct Resolution
Units are encouraged to mediate smaller conflicts between members to prevent more serious future policy violations. If a member violates BSC policy, conduct complaints should be reported through the BSC Conduct Complaint Form. If a member is a possible threat to themselves or others, the Cooperative Experience Manager, the Executive Director, and/or the Member Resource Supervisor must be informed within 24 hours.
1. Members are encouraged to talk to the member they believe is engaging in problematic behavior about the conflict. The Cooperative Experience Manager can provide resources such as a mediation chart, assistance from a BSC Restorative Justice Practitioner, and/or outside mediators. Members are encouraged to reach out to their house presidents and managers for support. Both these managers have been trained in mediation.
2. If the conflict continues, managers may issue warnings to members causing conflict. Warnings must be documented by email. Managers are also encouraged to speak to members about the warning.
3. If a member continues to cause conflict, managers can issue a required workshift fine, a required housemate/roommate agreement form, or another required engagement that will appropriately address the conflict.
4. If the conflict continues despite these attempts to resolve the issue at the unit-level, a formal complaint must be submitted through the BSC Conduct Complaint Form.
General Conduct Violation Process
1. Collection of Complainant Report(s): A report of the complainant’s concern(s) is submitted through the BSC Conduct Complaint Form. submitted through the BSC Conduct Complaint Form. The complainant is notified through the form of their rights in the process and encouraged to utilize the Conduct Member Advisor as a resource.
2. Pre-Hearing: If the hearing officer deems the complaint to be substantive, a pre-hearing meeting will be conducted, where the respondent will meet with staff to review the allegations and will get a chance to take responsibility for the violations and resolve the concern. If the staff member involved and the respondent agree upon a conditional contract addressing the concerns, the case does not need to proceed to an enforcement committee.
3. Enforcement Committee Hearing: If the respondent does not accept responsibility for the violation and agree to the assigned sanctions in the pre-hearing or the complaint is significant enough to warrant potential termination of contract, the case will move on to an Enforcement Committee hearing where the case outcome will be decided by a body of current BSC members.
1. Collection of Complainant Report(s)
The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
a. Required Information
i. Name of the complainant;
ii. Who is named as having engaged in the inappropriate conduct;
iii. What specific behavior or comments occurred;
iv. Where did it occur;
v. When did it occur;
vi. What was the response at the time, if any;
vii. Names of the witnesses, if any, and
viii. Whether this incident of inappropriate conduct is part of a pattern of behavior and, if so, the same information regarding previous incidents.
b. The Complaint Intake Process
i. The Cooperative Experience Manager or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is submitted through the BSC Conduct Complaint Form. The complaint form will notify the complainant of their rights in the conduct process, including that:
a. The Conduct Member Advisor is available to assist them in navigating the process and collecting witness statements
b. The complainant may recommend sanctions for the respondent that the Conduct Committee will consider.
ii. The Cooperative Experience Manager or designee of the Executive Director will follow up with the complainant in a timely manner to confirm receipt of the complaint and inform them of the next steps in the process.
iii. Staff also should ask whether the complainant would be willing to participate in a restorative conference or circle.
iv. The complainant’s submitted statement will then be reviewed by the hearing officer.
v. Any individuals with potential conflicts of interest will be excused from the decision-making process, and the Executive Director will designate a replacement(s).
vi. The Cooperative Experience Manager or a designee of the Executive Director will determine if the case should move on to the conduct process or be dismissed.
vii. Following the filing of the initial complaint, the Conduct Member Advisor will aid the complainant and respondent in understanding their right to provide testimony, and in collecting witness statements for the hearing(s). Any updates for complainants involved will be communicated by the hearing officer or Conduct Member Advisor.
2. Pre-Hearing Meeting with Respondent
a. The hearing officer will schedule a pre-hearing meeting with the respondent, where they will privately inform the respondent of the complaint, review their rights in the conduct process, review the alleged policy violations/charges involved in the case, and give the respondent the opportunity to respond to the allegations.
b. The respondent will be notified of this meeting and the charges/ alleged policy violations at least 72 hours in advance. The respondent will be notified by email and then reminded by phone/text if they have not responded to the initial email. If they do not attend, the case will automatically be sent to the Enforcement Committee for review.
c. If the respondent requests it, the complainant’s testimony can be provided to them at the pre-hearing meeting.
d. The respondent will be notified of their rights in the process along with their rights to appeal
e. If in the pre-hearing meeting the respondent BOTH chooses to take responsibility for violating all policies involved in the case AND the hearing officer does not believe a termination of contract should be applied, THEN the respondent can choose between the following two options for case resolution:
i. Conditional Contract: The hearing officer and respondent decide on several conditions and/or sanctions that the respondent must complete to successfully resolve the concern. The respondent will sign the agreement at the close of the meeting.
ii. Conditional Contract & Restorative Conference: Along with the respondent signing a conditional contract, the respondent may contact the Cooperative Experience Manager to schedule a restorative conference or circle. A BSC Restorative Justice Practitioner will facilitate this restorative process.
f. If the two conditions above are not met, then the case will move on to the Enforcement Committee for review. The respondent will be notified that they have the right to attend this hearing and provide their testimony in person and given a timeline of when the hearing will take place.
g. At the close of the hearing the hearing officer will inform the respondent that any retaliation against a supposed complainant, witness, or member of an enforcement committee violates the BSC whistle-blower policy and is a termination worthy offense.
3. The Enforcement Committee Hearing
a. Following the pre-hearing, the Conduct Member Advisor will contact the respondent to assist in collecting witness statements. Only the statements of witnesses to the incident(s) involved in the case will be considered. The Conduct Committee can decide whether to exclude a witness statement from the hearing if it is too long or not relevant to the case.
b. The respondent will be notified of the Enforcement Committee meeting and the charges/ alleged policy violations 72 hours in advance of the hearing. If they do not attend, a decision on the case will be made in their absence.
c. Only members of the Enforcement Committee (including the Chair, Administrative Assistant, and staff advisors), the Conduct Member Advisor, and the respondent may attend the hearing.
d. The entire Enforcement Committee proceeding shall be held in executive session.
e. Before the respondent is let into to the room, the Conduct Committee Chair will present some basic details of the case to the committee, including the alleged policy violations. The Conduct Committee will:
i. Read the complainant’s report and witness statements
ii. Disclose potential conflicts of interest. The Conduct Committee member who believes they may have a conflict of interest should discuss the circumstances privately with the Conduct Committee Chair. Collectively, they will decide if the Conduct Committee member should participate in the hearing.
iii. The Conduct Committee should vote on whether the respondent is responsible or not responsible for violating each individual policy in the case. Then the committee should assign relevant educational or punitive sanctions.
iv. The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
v. The Cooperative Experience Manager or other professional staff advisor to the Enforcement Committee should inform the committee if they believe the decision made is problematic based on risk or past precedent. If this is the case, the Committee must review the materials again and vote for a second time on the outcome of the case. After this second vote, if the Cooperative Experience Manager/staff advisor or Enforcement Committee Chair still feel the decision is not appropriate, they may announce that they will refer the decision to the Termination Appeals Body for review. In such circumstances, the Enforcement Committee decision is not official until approved by the Terminations Appeal Body.
f. The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within 48 hours of the hearing. The respondent’s notification should include information on the appeals process.
g. The Cooperative Experience Manager/staff advisor, or their their designee, is charged with ensuring that the committee’s decision is implemented. If appropriate, this may include notifying unit-level management of the hearing’s outcome.
h. The Conduct Member Advisor will follow-up with the respondent to ensure they understand the decision and their rights to appeal.
 The Conduct Member Advisor will also follow up with the complainant to check in and process the outcome with them.




1. Documentation and Reporting of the Incident(s)

a. The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment.
b. For issues regarding substance abuse, see section VII.F.
c. Complaints have 60 days to be filed with central-level staff after the offending incident.
i. Exceptions can be granted on a case-by-base basis by the Enforcement Committee Screening Committee based on the documentation listed in 1.e. If the Enforcement Committee Screening Committee deems the alleged complaint egregious enough to warrant further inquiry, the complaint shall follow the normal procedure. Otherwise, the complaint will be dropped and the complainant notified.
d. Unit-level officials must forward any and all reports of harassment to central-level staff.
e. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
i. Name of the complainant;
ii. Who is named as having engaged in the inappropriate conduct;
iii. What specific behavior or comments occurred;
iv. Where did it occur;
v. When did it occur;
vi. What was the response at the time, if any;
vii. Names of the witnesses, if any, and
viii. Whether this incident of inappropriate conduct is part of a pattern of behavior and, if so, the same information regarding previous incidents.
f. The Member Resources Supervisor, the Operations Manager, or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is documented in writing.
g. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation.

2. Preliminary Assessment

a. A central level supervisor, henceforth known as the mediator, will perform a preliminary assessment of the written conduct complaint, which shall include consulting with the complainant.
i. The mediator will be one of the following: 1) the Member Resources Supervisor, 2) the Operations Manager, or 3) a designee of the Executive Director, as appropriate.
b. Any individuals with potential conflicts of interest will be excused from the mediation or decision-making process, and the Enforcement Committee Screening Committee will designate a replacement(s).
c. The mediator will privately inform the respondent of the complaint.
i. The mediator will interview him/her for his/her response to the complaint and inform him/her that the Member Advocate is available to assist him/her in responding to the complaint.
ii. The mediator will inform the respondent that any retaliation against a supposed complainant violates the BSC whistle-blower policy and is a termination worthy offense.
d. The mediator will explore mediation and other complaint resolution resources and, if feasible, pursue them so as to resolve the complaint expeditiously and informally.
e. Within fifteen (15) business days of the complaint being filed with central-level staff, one of the following five possible actions must be taken:
i. The mediator adopts a mutual agreement between the complainant and respondent, as decided upon in mediation or through other means of alternative resolution.
ii. The mediator chooses not to take further action at this time because the complaint is lacking substance or cannot be substantiated.
iii. The mediator refers the issue to the Executive Director for Clear-and-Present Danger Consideration (see AdCode XXC.B.1.d.)
iv. The mediator and the member may mutually agree to create a conditional contract (See section VII.K of the Policy Manual). The member has the right to refuse this option and choose instead to have the Enforcement Committee adjudicate the issue, necessitating further inquiry and a possible formal investigation, as described in Step 3 and 4.
v. If the above actions are not taken, the mediator will forward the issue for a formal investigation, as described in Step 3 and 4.
f. The Enforcement Committee Chair may extend this time frame due to extenuating circumstances such as being between academic sessions.


3. Secondary Assessment

a. Once the mediator forwards the alleged conduct violation for a formal investigation, the mediator will inform the respondent as to his/her recommendation to forward the complaint, and:
i. Notify the respondent that the Member Advocate will contact him/her for support during the investigation and committee hearing process (if the respondent has not already been in contact with the Member Advocate).
ii. When the Member Advocate contacts the respondent, the Member Advocate shall also inform the respondent that the respondent has the right to waive the services of the Member Advocate. If the respondent chooses to do so, they must waive their right in writing and may supply a BSC member of their choosing to fill the role of the Member Advocate.
iii. Request that the respondent provide written witness names and/or other pertinent information regarding his/her position in the case for a possible future investigation.
b. The Conduct Investigator, henceforth known as the investigator, will commence investigating
i. If the investigator has potential conflicts of interest, they will be excused from the investigatory or decision-making roles, and the Operations Manager or a designee of the Executive Director will be designated as the replacement for that investigation.


c. The investigator will then draft a plan (henceforth known as the “investigation plan”) to delineate the initial scope of the investigation. This investigation plan will include:
i. The policies of which the respondent is allegedly in violation.
ii. The incident(s) which provide grounds for the alleged policy violations.
iii. The scope of the investigation, based on the complainant’s and respondent’s reports of the incident(s). This includes but is not limited to: which parties the investigator plans to interview (from both sides of the case), what types of evidence the investigator plans to collect (such as supporting documents, records of past behavior, etc), and the structure of the investigation report.
d. The investigator will present the investigation plan to the Operations Manager. If the Operations Manager finds the planned investigation reasonable and appropriate, s/he will direct the investigator to proceed with a formal investigation.
i. If the Operations Manager does not find the planned investigation reasonable and appropriate, then he/she may either:
1. Drop the complaint, after which the respondent and the complainant will be notified.
2. Direct the investigator to change the proposed investigation plan to better reflect the initial complaint and alleged policy violation.
e. The Operations Manager will notify the Conduct Committee chair of the implementation of a formal investigation. The Conduct Committee chair will inform both the complainant and the respondent of the formal investigation and provide both parties with the full text of the investigation plan.


4. Investigation Report

a. The investigator shall create an evidenciary report within 45 days of the Operations Manager’s directive.
i. The Enforcement Committee Chair may choose to extend this time frame based on extenuating circumstances such as being between academic sessions, the unavailability of key witnesses or important information that cannot be collected in the allotted time.
b. If, during the process of the investigation, the investigator finds it necessary to broaden the scope of the investigation, s/he will notify the respondent as to what amendments will be made to the initial investigation plan. Amendments to the investigation plan can be, but are not limited to:
i. Additional witness testimony.
ii. Additional evidence.
iii. Additional policy violations that have come to light over the process of the investigation.
c. The investigator will then create a report that will include:
i. The original investigation plan, including the alleged policy violations, and any amendments made to the investigation plan.
ii. The information outlined in the investigation plan, as described in 3.B.
iii. The information outlined in any amendments made to the investigation plan, as described in 4.B.
iv. A statement from the complainant, as to their perspective on the case.
v. A statement from the respondent, as to their perspective on the case.
d. When the investigator prepares the report for the Enforcement Committee, no identifying details will be divulged in harassment cases.


5. Findings

a. The Enforcement Committee Screening Committee (ECSC) shall met to review a draft of the investigator's report.
b. The ECSC will use the investigation report as a guide to determine which documents in the report are irrelevant, or what desired information the report is missing.
c. The ECSC may either accept the report as written or direct the investigator to make further modification in advance of the Enforcement Committee hearing.
i. Any document may be removed from the report by a majority vote of the ECSC.
ii. The ECSC may direct the investigator or the Member Advocate to add documents to the report by a majority vote of the ECSC.
iii. The ECSC will set a date for the Enforcement Committee hearing.
iv. The investigator will send a copy of the finalized report the with the directed changes (which shall include any additional documents the ECSC directed the Member Advocate to supply) to the ECSC at least 72 hours before the hearing date.
d. The Enforcement Committee Chair will notify the, respondent and complainant, if deemed appropriate by the Chair, of where they can access the report, as well as the time and location of the hearing at least 72 hours before the Enforcement Committee hearing. No changes will be made to the report after it is made available to the parties.
i. Given the confidential nature of the report, the complainant and respondent may only view the report in its physical form in the presence of the Member Advocate or central-level staff.
ii. The Member Advocate will be given a physical copy of the report.


6. Committee Procedure

a. No additional documents may be presented at the hearing.
b. For harassment cases, all documentation presented to the Enforcement Committee will not contain identifying information.
c. The entire proceeding shall be held in executive session. The hearing will proceed as follows:
i. Reading the investigative report.
ii. Opening statements.
1. The facilitator shall set time limits for opening statements, between two(2) and six (6) minutes (with two (2) additional minutes provided to the respondent), taking into account the complexity of the issue.
2. The Enforcement Committee may choose a different limit by a ⅔ vote.
iii. Q & A (15 minutes, can be extended with a ⅔ vote of committee).
iv. Closing statements
1. Closing statements shall be limited to two (2) minutes per party except the respondent, who shall have two (2) additional minutes for their closing statement.
2. The Enforcement Committee may choose a different limit by a ⅔ vote.
v. Deliberation (15 minutes, can be extended with a ⅔ vote of committee).
d. The Enforcement Committee shall be given adequate time to read the investigator’s written report in committee.
e. The conflict of interest provision will be disclosed as to Section XXVII.
f. The order of recognition for opening statements shall be the following: the investigator (to present the case), unit level official(s), the respondent and the Member Advocate (to advocate for the respondent).
g. The Q & A period is a time for the enforcement committee members to gather additional information about the case from all parties and ask questions raised in the report and opening statements.
i. During this time, the Member Advocate will be allowed to cross-examine the investigator about his/her investigation process.
h. The order of recognition for closing statements shall be the following: the Executive Director, unit-level official(s), the respondent and the Member Advocate.
i. During deliberations, only the enforcement committee members and the Member Advocate may remain in the room. All other parties, including the investigator and any unit-level official(s), must leave.
j. During deliberations, the committee should first vote to establish whether a policy violation occurred, and in a separate vote they will decide on the appropriate remedy.
i. The Enforcement Committee may only take action on allegations specified in the report using only the evidence within the final report and witness statements presented at the hearing.
k. The Enforcement Committee chair may deviate from this procedure to adhere to state and federal laws (such as restraining orders), or as necessary to ensure a sound process.
i. Any intended deviation should be discussed with all parties before proceedings begin.
ii. To preserve the integrity of the process, any procedural deviations after proceedings begin will be made only if necessary.
l. The role of BSC staff members (other than the investigator) on the enforcement committee is to support and advise the committee on the organizational and legal implications of their decisions. It is not the role of the staff advisor to advocate either for or against the respondent.


7. Records

a. During committee proceedings, minutes are kept only during the opening statements, closing statements and the Q & A period. Minutes are not kept during deliberations.
b. All motions made and voted on by the committee must also be included in the minutes.
c. For harassment cases, the investigator’s report and the Enforcement Committee’s minutes, both of which contain identifying details, will be kept by the BSC Executive Director as confidential records.


8. Enforcement and Notification

a. The Enforcement Committee Chair shall notify the respondent of the decision within 24 hours.
b. The Enforcement Committee Chair shall inform house management and/or the complainant, as deemed appropriate by the Chair, within three (3) days.
c. The BSC Executive Director, or his/her designee, is charged with ensuring that the committee’s decision is implemented
d. The Member Advocate will follow-up with the member to ensure they understand the decision and their rights to appeal.



[Board Approved 12/8/11] [Conduct Investigator Revisions Approved 02/16/12]