Washington Administrative Code › Title 495D - Lake Washington Institute of Technology › Chapter 495D-300 - Grievance policies and procedures - Discrimination › Section 495D-300-030 - Formal procedure

Current through Register Vol. 24-14, July 15, 2024
Employees and students must make a written complaint concerning
				discriminatory behavior to the affirmative action officer or designee.
(1) Complaints will be held in confidence. No
			 action against the person accused will ordinarily be taken on behalf of the
			 complainant unless the complainant consents to be identified to the one accused
			 in connection with the investigation, although the college reserves all rights
			 to take appropriate corrective measures regardless of actions of the
			 complainant.
(2) The complainant
			 may bring a person of his or her choice to the initial or subsequent complaint
			 meetings.
(3) The affirmative
			 action officer or designee shall give a copy of these regulations and any
			 applicable board policy to the person making the formal complaint and to the
			 accused.
(4) The result of that
			 consultation and any investigation made will be communicated to the complainant
			 before any further action is taken. The affirmative action officer or designee
			 will be responsible for investigating the complaint and discussing the
			 complaint with the complainant and the accused.
(5) The affirmative action officer will make
			 a written report and/or recommendation to the appointing authority or
			 appropriate disciplinary authority within a reasonable time following the close
			 of the investigation or meeting. An informal meeting may be substituted for
			 investigation if the complainant and the accused agree.
(6) Appropriate corrective measures, if any,
			 will be decided by the appointing disciplinary authority upon consultation with
			 the affirmative action officer and the appropriate administrators and
			 consistent with applicable bargained agreement provisions and state statutes.
			 If an accused employee or student disagrees with the determination or
			 appropriateness of the corrective measures, that individual may contest those
			 measures through any available faculty or classified grievance procedures, if
			 they are covered by a bargained agreement, or the student disciplinary
			 code.
(7) In the absence of an
			 applicable grievance procedure under a collective bargaining agreement, the
			 accused employee or student may, within thirty days of the corrective
			 measure(s), file with the executive vice-president for instruction or
			 vice-president for administrative services a written request for adjudication.
			 That vice-president shall meet with the employee or student to determine
			 whether the matter should be heard as a regular or brief adjudicative
			 proceeding. That vice-president shall be the presiding officer for the
			 proceeding.
(8) The presiding
			 officer may affirm, modify, or reverse the corrective measure(s).
(9) The decision of the presiding officer
			 shall be final unless, within twenty-one days after it is served, a party files
			 with the president a written request for administrative review or the president
			 or designee decides to conduct such review.
(10) Information will be entered in the
			 personnel or student file only to the extent that a formal reprimand or other
			 disciplinary action has been taken. If no disciplinary action is taken, the
			 affirmative action officer will keep a record of the investigation accessible
			 to the president, the complainant and the accused for a period of three years
			 and then that record will be destroyed. If a formal complaint is filed with an
			 outside state or federal agency, files will be maintained until the complaint
			 is resolved. When such files are used, written notice will be placed in the
			 file indicating the person using the file and the date used.
Statutory Authority:
				  RCW
				  28B.50.140. 92-15-081, §
										495D-300-030, filed 7/16/92,
				  effective 8/16/92.