Common use of Formal Complaint Procedures Clause in Contracts

Formal Complaint Procedures. 1. If the complaint cannot be resolved informally, the employee must present the complaint, preferably in writing in brief narrative form, to the Research Foundation's Director of Human Resources. This should take place as promptly as possible after the action on which the complaint is based. The complaint should include a description of the incident, the names of possible witnesses and the nature and description of possible evidence. 2. The complaint will be shared with the respondent who will be allowed to view the complaint, if it is in writing, or will have the complaint fully explained to them by the person conducting the investigation. 3. Once the Director of Human Resources is made aware of the complaint, the Director or his or her designee will conduct a thorough investigation of the allegations made. In the event the complaint also involves an employee of the City University of New York, the Foundation's Director of Human Resources shall forward a copy of the complaint to the designated representative of the University and will work with the University's staff to resolve the complaint. The complaint will be kept confidential to the maximum extent possible. The investigation will be concluded within 60 business days of the written complaint except when circumstances warrant an extension of the investigation period. Should the President of the Research Foundation deem it necessary, s/he can take whatever action is appropriate to protect the Foundation and its employees. 4. Upon completion of the investigation, the Director of Human Resources shall issue a written decision regarding the complaint. The complainant and the respondent will receive a copy of the decision. If the investigation determines that the claim has merit, remedial steps, consistent with the level of harmful conduct, up to and including immediate dismissal, will be taken to address the conduct and/or prevent its future occurrence. Copies of the decision shall be forwarded to the President of the Research Foundation. 5. Within 10 working days of the receipt of the decision, the complainant, the respondent, the Principal Investigator or the Project Director may request a review of the decision by the Foundation's President. The request for review must be in writing. 6. The President shall determine whether there is a basis for review and shall also determine the necessity of meeting with all concerned parties either jointly or separately to resolve the issue or issues. Thereafter, the President shall issue a decision within 45 business days of receiving the request for review. In cases where a CUNY employee was the complainant or the respondent, the President will consult with his or her appropriate counterpart at the College (or other location) before issuing a decision. RECORD KEEPING Records regarding complaints of sexual harassment shall be maintained in a secure location separate from other personnel records.

Formal Complaint Procedures. 1. If the complaint cannot be resolved informally, the employee employ- ee must present the complaint, preferably in writing in brief narrative form, to the Research Foundation's ’s Director of Human ResourcesEmployment Policy and Practice. This should take place as promptly as possible after the action on which the complaint is based. The complaint should include a description of the incident, the names of possible witnesses and the nature and description of possible evidence. 2. The complaint will be shared with the respondent who will be allowed to view the complaint, if it is in writing, or will have the complaint fully explained to them by the person conducting the investigation. 3. Once the Director of Human Resources Employment Policy and Practice is made aware of the complaint, the Director or his or her designee will conduct a thorough investigation of the allegations allega- tions made. In the event the complaint also involves an employee of the City University of New York, the Foundation's ’s Director of Human Resources Employment Policy and Practice shall forward a copy of the complaint to the designated representative rep- resentative of the University and will work with the University's ’s staff to resolve the complaint. The complaint will be kept confidential to the maximum extent possible. The investigation will be concluded within 60 business days of the written complaint except when circumstances warrant an extension of the investigation period. Should the President of the Research Foundation deem it necessary, s/he can take whatever action is appropriate to protect the Foundation and its employees. 4. Upon completion of the investigation, the Director of Human Resources Employment Policy and Practice shall issue a written decision deci- sion regarding the complaint. The complainant and the respondent will receive a copy of the decision. If the investigation inves- tigation determines that the claim has merit, remedial steps, consistent with the level of harmful conduct, up to and including immediate dismissal, will be taken to address the conduct and/or prevent its future occurrence. Copies of the decision shall be forwarded to the President of the Research Foundation. 5. Within 10 working days of the receipt of the decision, the complainant, the respondent, the Principal Investigator or the Project Director may request a review of the decision by the Foundation's ’s President. The request for review must be in writing. 6. The President shall determine whether there is a basis for review and shall also determine the necessity of meeting with all concerned parties either jointly or separately to resolve the issue or issues. Thereafter, the President shall issue a decision within 45 business days of receiving the request for review. In cases where a CUNY employee was the complainant or the respondent, the President will consult con- xxxx with his or her appropriate counterpart at the College (or other location) before issuing a decision. RECORD KEEPING Records regarding complaints of sexual harassment shall be maintained in a secure location separate from other personnel records.