Below is an outline of Wellesley College's formal grievance procedures. Please click on the link of interest:
I. Introduction
Wellesley College is committed to maintaining a community which is free from unlawful discrimination of any kind. College policies on affirmative action and sexual harassment clearly reflect that commitment, and describe our responsibilities under state and federal law. These policies prohibit discrimination on the basis of race, color, religion, age, national origin, disabled, sex, and sexual orientation, and include prohibitions against sexual harassment. Any member of the Wellesley College community who believes that he or she has been discriminated against or harassed on the basis of any of the above mentioned categories is encouraged to make inquiry or lodge a complaint using the grievance procedures outlined here.
Employees at Wellesley who are represented by a labor union are covered by collective bargaining agreements which include grievance and arbitration procedures and equal opportunity provisions. While it is generally understood that those procedures would be used by union employees for grievances, the grievance procedures outlined here are available to members of the union, in consultation with union officials, consistent with contractual agreements.
When both parties are students, cases of alleged discrimination or harassment are normally heard by the General Judiciary. Members of the student body, however, may utilize the negotiated procedures set forth in Section II.
Discrimination and harassment violate federal and state laws. The College has designed its grievance process as an internal method for seeking redress to complaints which may arise within the community, and it is expected that the use of this procedure will facilitate a prompt and direct address to allegations of discrimination or harassment. While the judicial system generally prefers complainants to exhaust internal grievance procedures where possible, complainant or accused parties may choose to utilize external processes to resolve their grievances. Parties may contact the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, or the United States Department of Education, Office of Civil Rights. Complainants should note that the statute of limitations for discrimination or sexual harassment charges is typically 180 days.
The Wellesley College grievance procedures are designed to be as responsive as possible to complaints of discrimination and harassment which might arise within the College community. The procedures provide both for a negotiated process and for a formal grievance committee process. The expectation is that issues will be addressed and responded to sensitively for all parties involved.
3. Protection Against Reprisal
| a. | Protection of the Complainant Retaliation against a complainant for filing a charge of discrimination or harassment in good faith is a violation of the College's discrimination and harassment policies. |
| b. | Protection of the Accused The lodging of a complaint is not in itself evidence of guilty behavior. A complaint shall not be taken into account during re-appointment, tenure, promotion, merit, or other evaluation or review unless and until the grievance process is completed and a document concerning the matter is placed in the accused's official College file. |
All participants in the grievance process, including the complainant and the defendant, witnesses, advisers, negotiators, members of the panels, and officers, shall respect the confidentiality of the proceedings. Participants are authorized to discuss the case only with those persons who have a genuine need to know.
Members of the College community who believe that they have been discriminated against or sexually harassed may seek the counsel of advisors, who consist of students, faculty, union, and staff. The accused party may also consult with any of the College advisors, except the one chosen by the complainant.
| a. | Education and Training of Advisors & Negotiators Student Advisors: The Affirmative Action Officer will coordinate training for student advisors, with attention to the diversity of the student body as represented among the advisors. |
| b. | Functions of Advisors Advisors discuss the incident with the advisee; help the advisee decide whether to try to resolve the situation on her or his own; and provide information to help the advisee understand the College's grievance procedures. Should the advisee decide to make a complaint, the advisor may accompany the advisee through any subsequent College grievance procedures, should she or he want the advisor present. |
By this procedure, the complainant formally requests ameliorative action on the part of the accused. If the accused agrees to participate, both parties work towards resolution with the help of a negotiator.
Normally the negotiator will be the Affirmative Action Officer. At the request of either party and with the agreement of both, the negotiator may be another member of the faculty or staff trained for this purpose.
A complainant is not required to seek a negotiated solution but may bring the matter directly to a Grievance Committee for resolution as described below in Section III.
6. Initiating the Negotiations
The complainant completes and signs a written statement through the Affirmative Action Office which includes the names of the complainant and the accused, and the details of the conduct which is alleged to be discriminatory or harassment. The negotiator promptly forwards the report to the accused, provides the accused with a copy of the College's grievance policies and procedures, and requests participation in negotiations. The accused must reply within seven calendar days of receiving the notice.
Meetings are held as quickly as possible and, normally, no more than one week apart. Every effort should be made to reach resolution within one month.
The negotiations end when a resolution has been reached or when the complainant or accused has terminated the process. Some examples of possible resolutions include discussion of the feelings and perceptions of the complainant and the accused; agreement to terminate specific behavior(s); letter to the file; withdrawal of the complaint.
III. Formal Grievance Procedure
If the negotiated procedure fails to satisfy either party, the complainant or the accused may bring the matter to a Grievance Committee through a written complaint filed with the Affirmative Action Officer. The Grievance Committee is constituted from an elected Standing Panel as described below.
9. Election to the Standing Panel
| Students: | Student members of the Standing Panel shall be those elected to General Judiciary. | |
| Faculty: | a. | Six faculty members, three men and three women, shall be elected by preferential ballot following elections to the Committee on Faculty Appointments and the Board of Appeals. |
| b. | No members of either the Committee on Faculty Appointments or the Board of Appeals is eligible to serve on the Standing Panel. | |
| c. | All other members of the faculty, except those going on leave, are eligible. | |
| d. | The term of office is three years. | |
| e. | The Standing Panel shall not be considered a starred committee. | |
| Staff: | Six members of the administrative staff shall be elected to the Standing Panel by balloting procedures developed by Administrative Council. | |
| Union: | Six members of the Union shall be elected to the Standing Panel by balloting procedures developed by the Union. |
10. Constituting the Grievance Committee
Category of Members for Specific Panels
The Grievance Committee to hear a particular case shall be constituted from the membership of the Standing Panel as indicated below. A faculty member of the Standing Panel will chair in all cases involving faculty, a staff member in all cases involving staff, and a union member in all cases involving the union. In cases involving faculty/staff/union combinations, the chair shall be chosen by lot.
| a. | If one of the parties is a student and the other a member of the faculty, staff, or union, the Committee shall have five members, two from the same College category (student, faculty, staff, union) as the complainant, two from that of the accused, and a chair. |
| b. | If one of the parties is a member of the faculty and the other a member of the staff, the Committee shall likewise have five members: a chair, two faculty members and two staff members. |
| c. | If both parties are members of the faculty, the Committee shall have three members drawn from the panel elected by faculty, one of whom will serve as the chair. |
| d. | If both parties are staff, the Committee shall similarly have three members drawn from the panel elected by the staff, one of whom will serve as chair. |
| e. | If both parties are staff, the Committee shall similarly have three members drawn from the panel elected by the staff, one of whom will serve as chair. e. If both parties are union, the Committee shall similarly have three members drawn from the panel elected by the union, one of whom will serve as chair. |
11. Selection of Panel Members within each Category
| a. | Alphabetical Selection The Grievance Committee for each case shall be constituted by selecting members of the Standing Panel, alternating between alphabetical lists of female and male members, beginning with the first person who did not serve on the last constituted Committee. |
| b. | Chair & Consultants The first member selected will be chair, taking into consideration the requirements set forth in Section 10 for the selection of the chair in faculty/staff/union combinations. The chair will consult with the Affirmative Action Officer, the complainant, and the accused, to determine whether issues of sexual preference, religion, race, or other minority status are involved in the case. If so, the chair, in consultation with the Affirmative Action Officer, will appoint a person from the standing list of consultants in the relevant category to advise the chair as needed during the proceedings. The chair may also consult the College's legal counsel for advice. |
| c. | Conflict of Interest No member of the panel may serve on a Committee hearing a case involving a member of the same department. The Chair of the Grievance Committee shall ask members whether they have other conflicts of interest and, if so, they shall recuse themselves. |
The Committee will determine the most appropriate manner to proceed with the case. Options include the examination of written evidence, a hearing, or further investigation, if needed. When a hearing is scheduled, the following guidelines serve to protect the rights of both parties and to assure the fairness of the process:
| a. | The accused will receive a copy of the complainant's written statement in advance of the first meeting of the Committee. |
| b. | Both parties will receive notice of the time and place of the hearing in order to prepare the case. |
| c. | Both parties have the right to be present when the case is heard. |
| d, | Both parties have the right to present evidence and to call a reasonable number of witnesses as determined by the Grievance Committee. Witnesses may be present only when testifying or being questioned. |
| e. | Both parties have the right to question all witnesses. |
| f. | In cases of sexual harassment, the only sexual history admissible as evidence is that between the parties. |
| g. | Each party has the right to an advisor of her or his choice from the student body, faculty, staff/union of the College. This person may help with the preparation of the case, may be present when the case is heard, and may confer with the advisee during the hearing. The advisor, however, may not address the Grievance Committee or question witnesses. The advisor may, but need not, be chosen from among the standing list of College advisors. Although legal counsel may be present at the hearing for consultation and advice, neither party may be represented by legal counsel. |
A violation of the policy on discrimination or harassment shall be found by the Committee only when there is a preponderance of evidence that a violation occurred.
The committee makes a finding as to whether the act or acts alleged in the complaint occurred, and whether such an act or acts violate the College's policies.
| a. | Previous Acts of Discrimination or Harassment In the event that the Committee finds the accused in violation of College policy, it shall then request the Affirmative Action Officer to testify concerning negotiated settlements or previous findings of discrimination or harassment concerning the violator as part of the Committee's deliberation concerning the penalty. |
| b. | The Deliberation In all deliberations, the Grievance Committee shall attempt to reach consensus. If consensus cannot be reached, a vote shall be taken. All decisions of the Committee shall be made by a majority. When the Committee is not unanimous in its findings or penalties, the report shall record both majority and minority opinions. The report shall be signed by all members of the Committee. In the report there will be no recording of the negative or affirmative votes of any individual members of the Committee. |
| c. | Report of Decision No later than two weeks after the hearing concludes, the Committee shall report its finding(s), a summary of the reasons for its judgment and its decision in a written statement sent to the complainant and to the accused. The report shall also be sent to the Executive Officer of the accused for implementation (Dean of the College for faculty, Dean of Students for students, Vice-President for Finance and Administration for staff/union). |
The decision shall be designed to remedy the harm done to the complainant and to protect other members of the College community. Grievances often involve unique elements and the remedy fashioned will depend on the findings and the nature of the case.
The following are examples of penalties for faculty, staff, union members:
| a. | Permanent prohibition to participate in grading, honors, recommendations, reappointment and promotion decisions, or other evaluations concerning the complainant |
| b. | Oral warning or probation |
| c. | Letter of warning or reprimand and copy of the grievance record placed in the personnel file of the accused |
| d. | Denial of access to College resources, such as funds for research and travel, College housing, merit pay or other salary increases for a specified period |
| e. | Suspension without pay or dismissal from the College |
Penalties for students will be consistent with those authorized for the General Judiciary system, up to and including dismissal.
16. Implementation of the Decision
Ordinarily, the Executive Officer will consult with appropriate College officials, as needed, in implementing the decision of the Grievance Committee. If the Officer does not concur with the Grievance Committee regarding penalty, the Officer shall immediately convene a meeting with the Committee to resolve the matter. In cases where the penalty is modified, notice of the modification shall be sent to both parties, by the Committee, within seven calendar days of the rendering of the original Grievance Committee decision.
17. Appeals Boards
Either party to the complaint may appeal the decision of the Grievance Committee. Appeals must be filed with the appropriate Board as designated below within seven calendar days of receipt of the Grievance Committee decision.
| a. | Judiciary Review Board: Parties to cases heard by General Judiciary may appeal to the Judiciary Review Board following the authorized process for review. |
| b. | Board of Appeals: Parties to cases heard by a Grievance Committee may appeal to the Board of Appeals as authorized by Legislation. |
In all cases where an appeal has been taken, written notice of the appellate body's recommendation shall be sent to both parties and to the Grievance Committee that heard the case, as well as to the Executive Officer of the accused. The notice shall include a statement of the reason for the appeal and the findings of the appellate board. If the Executive Officer does not concur with the penalty recommendation of the board, the Officer shall convene a meeting of the appellate body to resolve the matter. In cases where the penalty is modified, notice of the modification shall be sent to both parties and to the Grievance Committee, by the appellate body, within seven calendar days of the rendering of the original appellate decision.
18. The President of the College
The President of the College shall have the authority to make the final decision on all matters deliberated under these procedures. In cases of appeal to the President, final written notice of the disposition to be made by the Executive Officer shall be sent to both parties and to the appropriate appellate board.
19. Record
A copy of the record, including the final disposition to be made by the Executive Officer, shall be placed in the files of the Affirmative Action Officer at the conclusion of the grievance process.
At the beginning of each academic year, the Affirmative Action Officer shall report to the College community the number of cases brought and heard in the prior year; which of those cases, if any, reached negotiated solutions; which came before a Grievance Committee. The Officer shall specify any findings of discrimination or harassment, the resolution of the cases, and the disciplinary actions. The cases shall be reported in a manner that protects the privacy of the parties to the case, except when publication of the name of the accused is part of the penalty.
The Affirmative Action Officer will also chair the meetings of the Standing Panel for the purposes of monitoring College policy and procedures on discrimination and harassment and of recommending any changes in Legislation as necessary.
Any person determined to have invoked the Grievance Procedures in bad faith, or to have knowingly presented false or misleading testimony, will be subject to disciplinary action, up to and including dismissal from the College.
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