TSU Office of General Counsel

SEXUAL HARASSMENT

Sexual Harassment/Retaliation Investigation Procedures
Implemented March 2001
Revised May 2002; May 2004

Overview | TSU Sexual Harassment Policy | Complaint Investigation Procedures

The University will work to investigate all sexual harassment and retaliation complaints as quickly and as professionally as possible. When investigations confirm the harassment and/or retaliation allegations, appropriate corrective action will be taken.

1. Complainants are encouraged to submit written sexual harassment and retaliation complaints.

2. Upon receipt of a written complaint, the accused employee is given written notice that an allegation of sexual harassment and/or retaliation has been filed against him or her.

3. After the accused employee is notified, the University’s employment compliance manager initiates an investigation. The investigation consists of the following:

A. Interviews with the complainant, accused employee and any witnesses having knowledge of relevant facts. For student complaints, the complainant’s classmates may also be interviewed. Typically, the accused employee’s supervisor is interviewed. All interviews are audio recorded. Parties and witnesses are informed that their statements will remain confidential only to the extent allowed by law.

B. Document review, including but not limited to:

(1) the University’s Sexual Harassment Policy and/or Policy on Retaliation;

(2) if the accused employee is a faculty member, the Faculty Manual;

(3) the Staff Operating Manual;

(4) if relevant, the parties’ personnel files;

(5) the complainant’s formal written allegations, and;

(6) any additional written documentation that relates to the allegations (e.g. notes, email).

4. Upon conclusion of the interviews and document review, the employment compliance manager drafts an initial report. The report contains a summary of the complainant’s allegations and accused employee’s response, summaries of witness interviews, and draft conclusions.

5. Working in conjunction with legal counsel, the employment compliance manager prepares a final report. Upon completion, the report is submitted to the accused employee’s supervisor. For faculty members, the report is submitted to the provost. The complainant also receives a copy of the report.

6. If there has been a finding of sexual harassment and/or retaliation, the supervisor or provost decides the appropriate sanction. Possible sanctions may include sexual harassment, non-retaliation and/or managerial training, a letter of reprimand, a formal letter of apology to the complainant, a reduction in administrative duties (e.g. removal as chair of a department), unpaid suspension and/or dismissal.

7. The supervisor or provost meets with the accused employee to discuss the report and any proposed sanction. The accused employee may appeal the sanction through established University procedures.

8. If there has been a finding of sexual harassment and/or retaliation, the employment compliance manager shall contact the complainant three (3) months after the investigation is concluded to ensure that no additional harassment and/or retaliation has occurred.

9. For more information, contact the TSU Office of General Counsel at (713) 313-7950.