Complaint Procedure and Investigations
It is the responsibility of each individual to assure that prohibited harassment, discrimination or retaliation does not occur within the University community. If anyone believes that he/she is being harassed, discriminated or retaliated against, that individual shall immediately report the facts of the incident(s) and the name(s) of the party(s) involved to one of the following University grievance officers: Human Resources Director; Provost and Academic Vice President; Vice President, Student Affairs; Associate Vice President, Student Affairs; Dean, Baccalaureate Program; Dean, Associate in Arts Program; Dean, Graduate Division; President, Faculty Assembly; University Chaplain; Director, Campus Ministry; or to the University’s Title IX Coordinator. The reporting individual is strongly encouraged to put the report in writing and include relevant facts, dates and witnesses.
The reporting individual may be asked whether they want the University to attempt an informal resolution, or whether they want to initiate a formal complaint under the policy. All formal complaints of harassment, discrimination or retaliation made against any student, employee, or third party will immediately be investigated by the grievance officer, the Title IX Coordinator, or their designee, and investigations will be conducted in a discreet manner. Investigations will include interviews of the complaining party, the accused party, and others as appropriate. Such interviews will be aimed at providing both parties an opportunity to present evidence and explain his or her version of the events. Information obtained from the investigation will be disclosed only on a need-to-know basis. At the conclusion of the investigation, the University will determine whether, based upon a preponderance of the evidence, unlawful harassment, discrimination or retaliation has occurred and will communicate its findings in writing to the accused and the complainant. When appropriate and lawful, the University will communicate its findings to other persons who are directly concerned.
Absent unforeseen circumstances, investigations will be conducted and completed within 60 days from the date a formal complaint is made to any of the foregoing University grievance officers or the Title IX Coordinator. The University will provide notice of the outcome, as described above, within 15 days from the date of the conclusion of the investigation. The University retains the right to extend these deadlines as necessary to ensure a thorough investigation.
Any member of the University community who is determined to have violated this zero tolerance policy will be subject to appropriate discipline, up to and including immediate termination or dismissal. Steps will be taken as necessary to prevent any further harassment, discrimination or retaliation.
Students who make complaints under this policy will generally be directed to the University’s Title IX Coordinator (Bernadette Gonzaque Robert, Assistant Vice President for Student Affairs at (213) 477-2571 or BRobert@msmu.edu
). Affected students may direct complaints to the U.S. Department of Education Office for Civil Rights (1-415-486-5555). Affected employees also may direct complaints to the federal Equal Employment Opportunity Commission (“EEOC”) (1-800-669-4000) and/or the California Department of Fair Employment and Housing (“DFEH”) (1-800-884-1684).