How We Process Complaints
Before You File
Before you file a complaint, we recommend you review our policies and consult with a member of the Executive Board/Board of Directors to understand the steps, process, and options available to you. We will help guide you through the process and answer any questions you may have on how we handle your information.
Individuals may file complaints with the UVSASE Executive Board (Eboard). If the complaint is for a member of Eboard, then the complaint may be filed with the UVSASE Board of Directors (BoD).
Consultation Meeting
A representative of Eboard (or BoD) shall schedule a meeting with the Complainant once we receive an intention to file a complaint. Before the complainant provides any details of the complaint, the UVSASE representative will brief the complainant with the following:
UVSASE Policies
How we formally process complaints
Options for the complainant
Reminder: UVSASE can only move forward with our investigation process to take the appropriate responsive actions to complaints with a formal complaint and request for a formal resolution.
UVSASE takes all reports and complaints seriously and we will take the necessary steps to ensure the safety of our community. UVSASE will take action in response once we are informed of any alleged incidents of Prohibited Conduct. In the first consultation meeting, it is UVSASE responsibility to inform the Complainant of this obligation before they share any information. Once we obtain the details of the incident, we will take the appropriate action. We will not request any details from the Complainant until they feel safe and comfortable to share with our team.
Consent to Move Forward
If the Complainant confirms with UVSASE Representative to move forward with a formal complaint and would like for UVSASE to address it, this will initiate the formal process. A member of the UVSASE Eboard/BoD shall serve as the primary Investigator for the case.
The Investigation Process
The Investigator will have 30 working days after the confirmation to investigate the circumstances of the allegations. If additional time is needed to conduct a thorough investigation, the Investigator may, at their discretion, extend the time for completing the investigation as reasonably necessary. In this case, the Representative will notify all parties of the extension (Complainant, Respondent, UVSASE Eboard/BoD).
The investigation will include interviews with you (the Complainant), the Respondent, and any material witnesses identified as well as a review of any documents or other evidence. All interviews will be recorded and included as part of the Report of Investigation. You and the Respondent will be kept apprised of the conduct of the investigation and will be given the opportunity to provide any additional relevant information to the investigator, including the names of additional witnesses to contact and/or additional documents to review before the investigation is closed.
Interim Sanctions
At any time before the conclusion of the investigation, UVSASE Eboard (or BoD) may take interim impose interim sanctions according to UVSASE policies until the conclusion of the investigation. Please refer to our policies for more details.
End of Investigation Report
At the conclusion of the investigation, the Investigator will submit a written "Report of Investigation" to UVSASE Eboard and BoD detailing all the information that was collected. UVSASE BoD and Eboard may ask the investigator further clarifying questions of the Complainant, Respondent, or witness(es) to supplement the Report of Investigation.
UVSASE will then provide the draft of the Report of Investigation to the Complainant and Respondent.
Final Report of Investigation
Following the distribution of the draft of the Report of Investigation, the Complainant and Respondent will have up to 5 business days after the receipt of the Report to submit written statements responding to or clarifying information found in the report prepared by the Investigator; any material submitted by the parties will be attached to the "Report of Investigation" as appendices. After 5 business days, regardless of new information was submitted, the Report of Investigation will be finalized.
Note: For sexual misconduct related complaints, all parties involved shall be asked to sign a Non-Disclosure Agreement (NDA) that will be attached to the final report.
Determination
Within 7 business days after the final Report of Investigation is completed, UVSASE Eboard and BoD shall review the report and determine whether there is sufficient information to support charging the Respondent with a violation of our policies. If a determination is made that the available information will not support a violation, then the individual will not be charged and the case is closed.
If we determine that there is sufficient information that a Respondent may have committed a violation (or violations) of our policies, then within 7 business days of the determination, UVSASE shall send a written "Notice of Charges of Policy Violation" to the Respondent and Complainant simultaneously with summary information that supports the charge(s), sanction(s) imposed, and the process and deadline for submitting an appeal by either party.
Appeals
Both parties shall have the right to appeal the outcome on any of the following grounds:
To consider new information, sufficient to alter the decision, or other relevant facts not brought out in the original investigation, because such information was not known or knowable to the person appealing during the time of the investigation.
To allege a procedural error within the investigation process that may have substantially impacted the fairness of the decision.
To allege that finding was inconsistent with the weight of the information.
Appeals must be submitted in writing to the UVSASE Eboard/BoD within 7 business days from the day the parties are notified about the outcome of the case. Upon receipt of an appeal, the UVSASE BoD will review the materials within 10 business days of receipt of the appeal. UVSASE BoD will examine all documentation of the case to determine if there is a reasonable basis for changing the outcome. UVSASE BoD will issue a written determination of the appeal, which may include:
affirming the original finding and sanction; affirming the original finding but issuing a new sanction, which may be of greater or lesser severity;
remanding the case to a new investigator to correct a procedural or factual defect with the investigation;
or, dismissing the case if there was a procedural or factual defect with the investigation that cannot be remedied by remand
Final Notes
UVSASE will not release any details or content of the investigation reports to the public. If we determine there is a violation of our policies, we will only release a statement containing the policy violated, the individual's(Respondent) name, and the sanction being imposed.
If you have any questions on our process or policy, please reach out to UVSASE Executive Eboard or Board of Directors.