Formal Resolution Process. (1) If the complaint is not resolved by the informal process to the satisfaction of the alleged victim, the following formal procedures are available: The complaint shall be reduced to writing using the MCOE Complainant Form 24-1, and sent to the Assistant Superintendent, Human Resources, not the employee’s immediate supervisor, within 10 working days of the completion of the informal process. The Assistant Superintendent, Human Resources shall investigate the complaint and respond within 10 working days after receiving the complaint. If the complaint is not satisfactorily resolved at the level of the Assistant Superintendent, Human Resources, the employee within 10 days of receipt of the Assistant Superintendent, Human Resources, may request that the complaint be reviewed by the Superintendent. The Superintendent shall then take action deemed appropriate to resolve the situation including but not limited to, discipline, training, or other remedial measures. An effort will be made to protect the privacy of the parties involved in a complaint. Files which pertain to complaints handled under the informal process shall be kept confidential and will not be made available to the general public. Time limits may be extended by mutual agreement of the alleged victim and the person to whom the complaint is addressed at the respective level(s). No retaliation of any kind will occur because an employee has made a sexual harassment complaint.
Formal Resolution Process. A student may begin a formal resolution process against a faculty member after following the informal process. This formal process must be filed in writing within thirty (30) college working days of the suggested resolution to the informal concern. The student’s written Statement of Concern must contain the following information:
1. Student name, student ID#, address, city, state, zip, phone, and email
2. Name of the faculty member
3. Date(s) of Concern(s)
4. Course number and title
5. Student’s understanding of the results from the Informal Resolution Process
6. The act, omission, or matter that is the subject of the concern
7. Statement including the facts that the student believes are relevant
8. The resolution being sought by the student
9. Student’s signature and date of the document The Statement of Concern will be date/time stamped and initialed when received by the faculty member’s xxxx and the chief academic officer. It is up to the student to prove that the faculty member has done the act, omission, or matter. The Statement of Concern should be carefully prepared and should include all of the relevant details and documentation. Due process rights must be protected in the formal resolution process.
Formal Resolution Process. In a formal process, the complainant may submit a written complaint (sample form attached as Appendix II) and/or go through the grievance process, as per their respective collective agree- ment. The complaint should include the following information:
Formal Resolution Process a. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E.
2.10.a. The employer may request further particulars from the complainant, including information about any requested alternative dispute resolution process. Upon the conclusion of such a review, the employer shall:
i. initiate an investigation of the complaint and appoint an investigator pursuant to Article E.2.11.c below, or;
ii. recommend mediation or other alternative dispute resolution processes to resolve the complaint.
b. Should the complainant not agree with the process described in Article E.2.11.a.ii, the employer shall initiate an investigation. The employer shall provide notice of investigation.
c. The investigation or other formal resolution process shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment.
d. The complainant may request an investigator, mediator or facilitator who:
i. is of the same gender as the complainant;
ii. is Indigenous, and/or has cultural knowledge and sensitivity if a complainant self-identifies as Indigenous;
iii. is a person of colour if the complainant is a person of colour. Where practicable the request(s) will not be denied.
Formal Resolution Process. 1. Students who wish to pursue the Formal Resolution Process can complete the Problem Resolution form online.
2. If a student needs assistance completing the form, a Support Person may assist. The Problem Resolution form must be submitted online within sixty (60) calendar days of the end of the term in which the alleged concern occurred. Due process rights will be protected in the formal resolution process.
3. The Ombudsperson will review the written complaint and reach out to the student to address potential solutions via one of the following appropriate pathways;
Formal Resolution Process. A student may file a formal written statement of concern against an employee. The formal statement of concern must be filed within thirty (30) College working days of the suggested resolution to the informal concern. The formal statement of concern must contain the following information:
1. Name of the employee.
2. Statement of facts and nature of the formal statement of concern.
3. Date(s) of incident(s).
4. Resolution being sought by the student(s).
5. Name of the student(s) filing the formal statement of concern.
6. Signature of the student(s) and date submitted. The burden of proof in this process is on the student. The statement should be prepared carefully and with full and relevant details and documentation.
Formal Resolution Process. Any Dispute that is not settled as provided in Section 8.1 shall be resolved by arbitration before a single arbitrator appointed by JAMS Orange County. Subject to repayment through the prevailing party process described below, the City shall pay the fees charged by JAMS Orange County for the arbitration. The determination of the arbitrator shall be final and absolute. The arbitrator shall be governed by the duly promulgated rules and regulations of JAMS Orange County or its successor then in effect, and the pertinent provisions of the laws of California. The decision of the arbitrator may be entered as a final judgment in any court of competent jurisdiction. The prevailing party in any such arbitration shall also be entitled to recover reasonable attorneys’, paralegals’, and experts’ fees and costs of suit (including the amount of fees paid to JAMS Orange County for the arbitration) in addition to any other relief awarded such prevailing party.
Formal Resolution Process. Complaint Submission. Formal complaints must be initiated within thirty (30) days of the date the alleged employment practice, procedure, condition or decision which is believed to have been applied to them in a manner inconsistent with EEO principles occurred, or within thirty (30) days of the date the employee reasonably should have had knowledge of the matter. If the employee attempted to resolve the matter internally, the formal complaint must be initiated within ten (10) working days of the date of the termination of the unsatisfactory internal resolution. The complaint must be submitted in writing to the Executive Director. The formal complaint should include the following information:
Formal Resolution Process. Formal service questions, problems or complaints by either party shall be made in writing. Within thirty (30) working days of receipt of a complaint, the complaint shall be fully reviewed and a response rendered noting the corrective actions taken, if any. To expedite resolution of a complaint, both the initial complaint form and the response may be sent via facsimile transmission. Complaints and responses shall only be addressed to and from the following individuals: City of Delray Beach Police Commander of Support Services 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxx Xxxxx, Xxxxxxx 00000 Town of HIGHLAND BEACH: Chief of Police 0000 X Xxxxx Xxxxxxxxx Xxxxxxxx Xxxxx, XX 00000
Formal Resolution Process. Step 1 Step 2 Step 3
(a) Failing satisfactory settlement of the grievance at Step 1, the Union may, within ten (10) working days from the date of receipt of the Step 1 decision, refer the grievance to arbitration. The Union shall notify the Employer in writing.
(b) Where arbitration is proceeded with on an expedited basis in accordance with this Article, the arbitrator will be appointed on a rotating basis from a list of four (4) mutually agreed to arbitrators, which list of arbitrators is attached to the Collective Agreement as Appendix “D”.
(c) The list of arbitrators is to be maintained and utilized as follows:
(i) annually, any substitutions that are required will be made by mutual agreement of the parties no later than January 30th;
(ii) unless the parties agree otherwise, the arbitrator appointed to hear the grievance will be in accordance with the order to arbitrators in Appendix “D”.
(d) It is the intention of the parties that in most instances legal counsel will not be used by the Union or the Employer at expedited arbitration. However, either the Employer or the Union may utilize counsel at arbitration upon providing the other party with written notice within ten (10) days of the Union informing the Employer of its intention to proceed to arbitration.
