A staff employee whom the Human Relations Grievance Board has found guilty of harassment may file an appeal. The grounds for appeal of a harassment case are procedure, new evidence, and academic freedom.
Within 10 working days of receiving notification of the decision concerning a harassment determination, the employee must submit a written request to initiate the appeals procedure to the president of the College.
Within 5 working days of receipt of the written request, the president or his/her designee initiates the appeals process.
Composition of the Staff Appeals Board
In order to assure the creation of a well-balanced, impartial board, the 5-member Staff Appeals Board is composed of:
- One administrator of Middlebury College, appointed by the president of the College or his/her designee from among the following: executive vice president and provost, executive vice president for Facilities Planning, vice president for Administration and Treasurer, vice president for College Advancement, dean of Languages and International Studies, dean of faculty, dean of Student Affairs, dean of Enrollment Planning, or any other person of vice presidential rank,
- One staff council representative, appointed by the Middlebury College Staff Council; and
- Three remaining members of the SAB selected from the Staff Appeals Panel by the MCSC vice president or designee and the appointed administrator.
Formation of the Staff Appeals Board
The appointed administrator or designee works with the MCSC vice president to choose an SAB from the members of the Staff Appeals Panel.
To ensure impartiality and fairness, no one is eligible to serve on the SAB who heard the original case, has a conflict of interest, or is the senior administrator of any of the parties involved. Conflict of interest includes employment in the same department as, or family
relationship with, any person involved as a principal in the case, or other relationship/circumstance that might render the process unfair to any parties involved.
The names of the SAB members are conveyed in writing by the president or designee to the two parties within 5 working days of initiating the appeals process. The president or designee convenes the SAB no later than ten working days after initiation of the appeals process.
Upon selection to the Staff Appeals Board, if a designee is unable to participate in the hearing in a fair and impartial manner for any reason, he/she will be disqualified and another person selected. Attendance at all meetings is required.
The Initial Meeting of the SAB
Within ten days of the initial of the appeals process, the SAB convenes its first meeting. The focus of the initial meeting is to:
- choose a chairperson to facilitate the meetings
- choose a recorder to record the meetings
- review the written request for an appeal
The Harassment Appeal Process
The Staff Appeals Board holds individual and collective responsibility for deliberating in a manner that demonstrates sensitivity to the matters brought forth and respect for those involved in the process. To that end, all proceedings of the SAB are kept confidential.
The SAB provides all sides involved the opportunity to present their views as well as cross-examine each other. The appellant and appellee may testify on their own behalf before the SAB. The SAB may make the request of both or either party. While no legal counsel is allowed at a hearing, the appellant and appellee each may bring one support person from the College community to the proceedings.
The SAB is vested with the full authority to consider any aspect of the case it deems important to its ability to render a fair and impartial final judgment.
In cases in which a person who is not called to meet with the SAB wishes to do so, the SAB will vote on whether the meeting may occur. A majority of SAB members are required to allow the person to present information.
In cases in which additional information is brought forth once the SAB has finished its interviews and begun deliberations, a majority of SAB members need to agree to reopen the hearings.
The members of the board consider carefully the information presented, and deliberate on the matter before as a board reaching a conclusion. The conclusion is reached by majority vote.
Documentation
In order to make certain that documentation pertaining to the appeal process is created, maintained and kept confidential, the following steps are taken:
- The SAB maintains written meeting summaries.
- All meeting participants sign every summary.
- A copy of all work done by the SAB will be placed in an envelope and sent to the Human Relations Office.
Conclusions
Once the SAB has deliberated and reached a conclusion, the board forwards its findings and recommendations to the president. Once the harassment appeal has been through the process, it cannot be appealed further.