Process Involving Employees
The process involving employees is the same as the process involving students with the following clarifications:
Promptly after learning of a report of Prohibited Conduct, where the employee is the complainant, the Title IX Coordinator or designee will contact the complainant confidentially to discuss the availability of supportive measures with or without the filing of a formal complaint.
The Title IX Coordinator or designee will also explain to the complainant the process for filing a formal complaint. If the conduct reported to the Title IX Coordinator or designee does not appear to be Prohibited Conduct within the scope of the Title IX Sexual Harassment Policy and Procedures, any information gathered during the intake process may be reported to the Office of Human Resources or the Equity Officer in the Division of Diversity and Belonging.
If the report of Prohibited Conduct is within the scope of the Title IX Sexual Harassment, Policy and Procedures the complainant will be given the opportunity to file a formal complaint. A formal complaint is a document filed by a complainant alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment. If the complainant wishes to file a formal complaint, the Title IX Coordinator will explain the resolution process, outline resources, and work with the complainant to determine any supportive or interim measures. The supervisor of the complainant will only be contacted if any of the supportive or interim measures will impact the work environment or responsibilities.
The formal resolution process involves notice of allegations, investigation, a preliminary report and final report, a live hearing and written determination, and possible sanctions and appeal. The primary investigator for allegations involving employees will be the full-time Title IX Investigator and the secondary investigator will be the Equity Officer in the Division of Diversity and Belonging.
The informal resolution process can include structured interaction between parities in the form of a mediation or restorative justice dialogues. The informal resolution option cannot be used to resolve allegations that an employee sexually harassed a student.
When a formal complaint includes a faculty member as a respondent, the Board will include the Board Chair (staff from the Office of the Dean of Students) and the Provost or designee. If the outcome of the hearing finds the respondent responsible for prohibited conduct, a copy of the hearing panel’s written determination will be forwarded to the Office of the Provost. Further proceedings will take place in accordance with the Disciplinary Action provisions of the Collective Bargaining Agreement between the BGSU and the BGSU Faculty Association. Any disciplinary sanctions will be imposed by the appropriate decisional authority.
When a formal complaint includes an administrative or classified staff member as the respondent, the Board will include the Board Chair (staff from the Office of the Dean of Students) and a staff member from the Office of Human Resources. If the outcome of the hearing finds the respondent responsible for prohibited conduct, a copy of the hearing panel’s written determination will be forwarded to the Office of Human Resources. Further proceedings will take place in accordance with the disciplinary processes outlined in the Administrative and Classified Staff Handbooks.
Appellate officers for a process involving employees that are faculty include the Provost or designee. Appellate officers for a process involving administrative or classified staff include the Chief Human Resources Officer.