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ACS 16.3. Procedure.

 

The following procedure shall be used to review complaints.

(1)   The Chancellor or designee shall forward the original copy of the complaint to the supervisor of the individual whose conduct is the subject of the complaint.

(2)   Once a complaint has been received, the supervisor shall then make an initial determination regarding the seriousness of the alleged misconduct.

(3)   Whenever the alleged misconduct could be serious enough for dismissal, or when the results of the initial review of the complaint allows a determination to be made that dismissal might possibly be warranted, the supervisor shall present a recommendation to the Chancellor or his/her designee who shall then determine whether the complaint shall be considered under Chapter 17 of the UW Oshkosh Academic Staff Personnel Rules. If the complaint is to be considered under Chapter 17, the Chancellor or designee shall notify the academic staff member that a complaint has been filed, and shall provide a copy of the complaint if requested.

(4)   If the complaint is to be considered under the present chapter of the rules, the supervisor shall, at his/her discretion, informally and confidentially discuss the complaint with the staff member about whom the complaint has been made or with other persons who may be knowledgeable concerning the alleged misconduct.

(5)   At the conclusion of these discussions, if no evidence of wrongdoing has been found, the complaint shall be dismissed and the complainant so notified. No record of it will be maintained in the staff member's personnel file.

(6)   If evidence of wrongdoing is found, the Chancellor or designee shall initiate appropriate action within 14 calendar days of the receipt of the complaint and shall inform the complainant that appropriate action has been taken.

(7)   If the complaint has not been dismissed or otherwise resolved within 14 calendar days of the receipt, the supervisor shall send a copy of the signed complaint to the academic staff member concerned. The Chancellor or his/her designee shall initiate a review. Within 14 calendar days of being notified, the Chancellor or designee shall meet as appropriate with the academic staff member, with the complainant, and with other persons if necessary, and shall begin the review of all relevant documents. Within 14 calendar days after the review is completed, the Chancellor or designee shall inform the academic staff member and complainant in writing of his/her action, which may include the following.

(a)   Dismissal of the complaint. If the complaint is dismissed, the academic staff member shall not be subjected to further jeopardy for the alleged misconduct. No record of it will be maintained in the staff member's personnel file.

(b)   Administrative invocation of an appropriate disciplinary action. If there is administrative disciplinary action, it may include but is not limited to sanctions such as:

      1. Oral admonishment;
      2. Written reprimand;
      3. Requirement for restitution;
      4. Suspension of specific privileges;
      5. Reduction in salary; and
      6. Suspension with or without pay for a specific period of time.
         

(c)   Referral of the complaint to the Senate of Academic Staff for a hearing (see GOV 4.3.C.).

(d)   Within 14 calendar days of receiving written notice from the Chancellor or designee of administrative invocation of disciplinary action, the academic staff member may file a request with the President of the Senate for review by a hearing committee, if such review has not already been held. Should such a review be requested, the implementation of the administrative sanction shall be stayed, pending final decision by the Chancellor or designee after receipt of the recommendation of the hearing committee.

(e)   If the Chancellor or designee refers a complaint for hearing to the Senate of Academic Staff, or if the academic staff member requests such referral after administrative invocation of disciplinary action, the committee shall follow the procedures outlined under GOV 4.3.C. The hearing shall be completed within 40 calendar days, unless extended by mutual consent of the academic staff member and the hearing committee because extenuating circumstances exist.

(f)    The findings and recommendations of the hearing committee shall be transmitted via the President of the Senate of Academic Staff to the academic staff member, the complainant, and the Chancellor. The hearing committee shall recommend to the Chancellor or designee:

      1. dismissal of the complaint;
      2. disciplinary action such as indicated above ; or
      3. referral to an administrative officer for appropriate action.
         

(g)   The Chancellor, or designee, shall render a formal, written decision to the academic staff member, the complainant, appropriate University officers and, for information only, to the President of the Senate of Academic Staff within 14 calendar days of receipt of the recommendation from the academic staff hearing committee. The decision shall be final.          

                                                                                                

 

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