Grievance Procedure

I. Authority and Jurisdiction

The Dean of Student Engagement, acting on behalf of the President, will designate Coordinators to administer the Grievance Procedure

Employees (including staff and/or faculty) may be parties to cases governed by this procedure in some cases, at the discretion of the Coordinator. Employees who would not otherwise be entitled to this process may demand to be a party in a case.

Actions taken under these Procedures are separate and independent from any law enforcement or other court process or proceeding, such as a civil lawsuit or criminal prosecution that may relate to the same underlying factual incident.  The applicability of these Procedures is not dependent upon whether criminal charges are filed.  Investigations or inquiries conducted by the College are not postponed while criminal or civil proceedings are pending unless determined appropriate by the College.  Dismissal of criminal charges or acquittal in a criminal case does not prevent the College from investigating and adjudicating an incident.

II. Definitions

Coordinator. In cases involving Equal Opportunity and Affirmative Action Policy, Discriminatory Harassment Policy, and/or Disability Anti-Discrimination Policy the Coordinator is the Equal Opportunity Coordinator. In cases involving Fort Lewis College Student Conduct Policy, the Coordinator is the Dean of Student Engagement or their designee.

Complainant. A complainant is an individual or organization, including the College, filing a complaint. The College may also serve as a complainant where a concern was initially brought by an individual who no longer wishes to be the complainant, and where the College determines that the concern should be resolved under this procedure.

Disciplinary Authority. The disciplinary authority is the individual who has the authority or delegated authority to impose discipline upon a faculty, staff or student respondent.

Employee. Employee means any individual who receives payment from the College for work performed, including but not limited to faculty, exempt and classified staff, student employees, or temporary employees.

Investigator. An investigator means the individual designated by the Coordinator to investigate a complaint. The Coordinator may serve as the investigator.

Parties. Parties are the complainant and the respondent. The victim may be treated as a party for notice purposes, if the victim is not the complainant.

Respondent. Respondent is the individual against whom a complaint has been filed.

Sanctioning Authority: Sanctioning Authority means the individual who imposes and decides sanction. In cases involving complaints under Equal Opportunity and Affirmative Action Policy, Discriminatory Harassment Policy, and/or Disability Anti-Discrimination Policy, the Equal Opportunity Coordinator will make a sanction recommendation to the Sanctioning Authority.

• Student respondents are sanctioned through a designee of the Dean of Student Engagement.
• Faculty respondents are sanctioned by the Provost or a designee of the Provost.
• Classified staff respondents are sanctioned by the State of Colorado Appointing Authority of Fort Lewis College or their designee.
• Administrative professional respondents are sanctioned by the Dean of Student Engagement to whom they or their supervisors report, or their designee.

Student. Student means any individual who has confirmed admission to the College, is a new student at orientation, is currently enrolled in courses at the College, whether full-time or part-time, was enrolled in the previous semester, or is registered for a future semester.

Working Days. Working days are those days when the administrative offices of the College are open.

IV. Reporting

1. Any member of the Fort Lewis College community may report an individual who is a student or employee for policy violations.  The description of the behavior should be in writing and provided as soon as possible after the incident has occurred.  A report of any misconduct may be filed online at fortlewis.edu/tellsomeone. In addition, discriminatory harassment may be reported to the Equal Opportunity Coordinator whose contact information is at www.fortlewis.edu/EO. Sexual Misconduct is governed by the Sexual Misconduct Grievance Procedure and may be reported to the Title IX Coordinator, whose contact info is at www.fortlewis.edu/CARE.

VI. Method of Resolution

The Coordinator has the discretion to determine the appropriate means for addressing the report or complaint. Options include but are not limited to:

a. Early Resolution Process
b. Investigative Resolution Process
c. Determination that the facts of the complaint or report, even if true, would not constitute a violation of the Relevant Policies listed above and closing the matter following a preliminary inquiry.
d. Determining that there is no ongoing risk of recurrence, and then closing the matter.  Such a determination may be made (but is not required) in circumstances such as, but not limited to, the following: where the accused is not a member of the campus of the community, or will shortly cease to be one, or where the alleged misconduct occurred beyond the College’s jurisdiction.
e. Referring the matter to an employee’s disciplinary authority or supervisor, depending upon the employee’s employment classification.  In such event, the employee’s disciplinary authority will meet with the employee prior to taking any disciplinary action, and the College will work to redress any harm resulting from the alleged misconduct.

a. Early Resolution Process

Early Resolution applies in the following cases:

1. No housing removal, college suspension, expulsion and/or employment termination is contemplated; OR
2. The facts of the cases are not disputed (even in serious cases such as housing removal, college suspension/expulsion and/or employment termination cases); OR
3. The respondent does not admit to the alleged facts, but agrees to suspension/expulsion and/or employment termination, or both parties agree to different sanction or outcomes.

Early resolution takes place as follows:

 NOTICE

Notice of a concern may be provided verbally.

INVESTIGATION

Investigation, when it occurs due to disputed facts, may be summary and informal, consisting only of an incident report, and an interview with Respondent, for example.

INTERVIEW

Interview(s) may be conducted informally, with or without written follow-up. In potential separation cases, Parties may use the Interview to give input regarding sanction, including mitigating or aggravating circumstances. This can also be done in writing.

SANCTION

In cases where separation from the college is not contemplated, OR when there is a mutually acceptable resolution, sanction may be imposed forthwith by the applicable sanctioning authority.

APPEAL

There is no appeal option.

b. Investigative Resolution Process

In cases where housing removal or separation from the college is a possible sanction AND the facts are disputed, an investigation will take place.

An investigation may convert to an “Early Resolution Process” at any time if the case become undisputed and/or if there is an agreement by the parties as to sanction or outcomes, at the discretion of the Coordinator.

1. NOTICE OF INVESTIGATION
   a. When the Coordinator completes the preliminary inquiry and finds enough information to proceed, the Coordinator will send a written notification electronically to the Parties’ Fort Lewis College email address(es). Other reasonable means of notifying the parties may also be used, including mail or personal delivery.
   b. If allegations are made against a Respondent Organization such as a Registered Student Organization (RSO), a written notification will be emailed to the head of the Respondent Organization.

   The notification will include: 

   i. A link or links to this Procedure and the applicable Relevant Policy or Policies;
   ii. The specific section of the known Relevant Policy allegedly violated. If new information comes out during the investigation indicates violations not included in the initial Notice, Respondent may be notified verbally.
   iii. The date and location of the alleged incident. To the best of the Coordinator’s knowledge;
   iv. Applicable interim measures, such as no-contact directive. Supplemental interim measures may be applied after Notice;
   v. Notice of possible separation from the College, if applicable.
   vi. Respondent’s option, if they do not wish to dispute the facts, to resolve through “Early Resolution.” And or to refrain from participating and resulting in resolution based on available information.
   
   2. INVESTIGATION
   a. The College follows an investigative model whereby investigator(s) interview the parties separately and provide each party the opportunity to be heard and to respond. There are no formal hearings.
   b. Investigations are designed to be administrative proceedings conducted in an educational and fair manner. Federal or State rules of evidence do not apply.  Investigations will be closed and confidentiality will be maintained as allowed by law.
   c. Parties may have an advisor of their choice during interviews. Advisors may not speak on behalf a party. FLC does not provide advisors to parties.
   d. Audio or video recordings may be made of all proceedings.
   e. The Coordinator makes the final determination as to relevance of any evidence.
   f. Parties may request that relevant witnesses be interviewed. Witnesses may be interviewed alone or with their advisor, without parties, other advisors, or other witnesses in attendance.
   g. The investigator is responsible for conducting interviews, with reasonably timely notice to Parties.
   h. Parties and the Investigator may offer or gather other forms of evidence, including documents, text messages, photos, videos, screen shots, etc. prior to conclusion of the investigation.
   i. The Investigator will review, if available, any prior complaints of misconduct regarding the Respondent if they are relevant or probative to the alleged conduct at issue, or if they demonstrate a pattern of behavior. Such prior complaints, if relevant or probative, may be used in the imposition of interim protective measures, the investigative finding, and/or sanctioning.
   j. At the conclusion of the investigation, the Investigator shall consider the information presented in order to determine responsibility for the charges. At the Investigator’s discretion, a draft of the report may be shared with the parties for their feedback.
   k. In student cases, the Investigator will also determine sanction, with input from the Coordinator as necessary. The Investigator will advise the parties of this determination within a reasonable time. A written resolution letter is sent out electronically within five days after the decision has been reached. This resolution letter shall consist of the determination of responsibility and complete description of any sanction imposed. At the investigator’s discretion, the letter may contain a summary and an analysis of the facts. Complainant’s notice of resolution may be restricted in whole or part by superceding FLC policy and law.
   l. In employee cases, the Investigator’s determination of responsibility is provided to the parties and the Sanctioning Authority. 
   
   3. FAILURE TO PARTICIPATE
   If the Parties do not participate in the investigation, the Coordinator will determine the responsibility for the alleged violation based on available information, and the College will decide a disciplinary sanction, if responsible, based upon the available information. Such a resolution and/or sanction is not appealable by Parties that do not participate.

IX. Record Retention and Confidentiality

In all cases, the Coordinator shall retain the investigator’s report and the disciplinary authority’s final sanction decision for a minimum of three years or for as long as any administrative or legal action arising out of the complaint is pending.  All records, reports and investigations shall be considered confidential and shall not be disclosed publicly except to the extent required by law.  Student disciplinary files are kept for seven years from the final decision date except for expulsion cases, which are kept indefinitely.

Student Disciplinary Hold:  While the Grievance Procedure is underway, the College may place a disciplinary hold on the student’s records.  The disciplinary hold prohibits the student from registering for classes until the Procedure has been completed.  A disciplinary hold may also be placed if a student fails to complete assigned sanctions, which has the same impact on a student’s records and registration as described above.  The disciplinary hold will not be removed until all sanctions are completed.  A disciplinary hold shall be placed on a student’s record if they are suspended from the College after being found in violation of any of the Relevant Policies.

 Release of Student Information:  Provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended by the Higher Education Amendments of 1998, govern access to a student’s disciplinary file.  Students have the right to inspect and review their educational records. To do so, students must submit a written request to the Coordinator. The Coordinator will comply with a request for access within a reasonable time, not to exceed 45 days.

 Employee Disciplinary Record:  An individual employee’s disciplinary proceeding records will be added to the employee’s existing personnel file.

Re-Release of Information: Individuals who receive confidential information due to their participation in the Grievance Procedure, or due to the signed consent of the student whose records are in question, are prohibited from further disclosing/releasing the confidential information, unless expressly permitted by law as in cases involving a crime of violence or non-forcible sexual offense.  Violation of this prohibition could result in additional charges or other appropriate action.

XI. Responsibilities

For following the policy: All students and employees regardless of their employment classification

For enforcement of the policy: Dean of Student Engagement, Title IX Coordinator, Deputy Title IX Coordinators, Equal Opportunity Coordinator

For oversight of the policy: Dean of Student Engagement

For notification of policy: Policy Librarian

For procedures implementing the policy: Dean of Student Engagement, Student Affairs, Title IX Coordinator, Deputy Title IX Coordinators, Equal Opportunity Coordinator

Revision History

Approved by Fort Lewis College Board of Trustees: February 11, 2009. Revised by Fort Lewis College Board of Trustees: December 6, 2013. Revised by Fort Lewis College Board of Trustees: February 13, 2015. This revised policy was approved by the President's Cabinet on August 24, 2016 and the Board of Trustees on October 7, 2016. This revised policy was approved by the Board of Trustees on October 5, 2018.  Updated position titles April 24, 2023