VII.P. Workplace Harassment and Discrimination Prevention Body
From BSC Policy
This policy outlines the process for how the BSC will adjudicate instances of discrimination and/or harassment of staff where the respondent is a member of the BSC. Please refer to Section 26 of the Employee Handbook for more detailed information.
- 1. Definitions
- a. The Review Body: The Workplace Harassment and Discrimination Prevention Body.
- b. The Member: The Respondent(s) in the relevant case.
- 2. Composition
- a. The Vice President of Internal Affairs
- b. The Executive Director
- c. The Human Resources Manager
- 3. Jurisdiction
- a. All cases of workplace harassment or discrimination per section as defined in the Employee Handbook where the respondent is a member of the BSC.
- 4. Procedure
- a. Complaints will be investigated by impartial and qualified internal personnel unless external involvement is warranted. The investigator shall submit a complete report to the Executive Director before the hearing.
- b. The Review Body will then deliberate in executive session and decide, upon a majority vote, whether or not the Member shall be terminated or an alternate disciplinary action shall be taken.
- c. No one who is not a member of the Review Body shall be present at this meeting, unless they are serving as a replacement to one of the members of the Review Body due to a conflict of interest.
- d. Any decision that the Review Body makes shall be effective immediately.
- 5. Appeals
- a. If the Member wishes, they may appeal the decision of the Review Body.
- b. All appeals must be submitted in writing to the President of the Berkeley Student Cooperative within five (5) days of being notified of the Review Body’s decision.
- c. Appeals may only be made on the grounds of:
- i. New evidence that could not be submitted at the time of the original hearing.
- ii. A procedural error on the part of the Review Body that materially affected the outcome of the case.
- iii. A gross misapplication of policy.
- d. The appeal will be ruled on at the sole discretion of the President.
- e. The President’s ruling is final and under no circumstances may be appealed.
- 6. Conflicts of Interest
- a. If any member of the Review Body or, upon appeal, the President has a material conflict of interest that would prevent them from ruling on the case impartially, they must recuse themselves.
- b. If the Executive Director or Human Resources Manager has a conflict of interest, they shall be replaced by another Senior Manager who does not have a conflict of interest.
- c. If the Vice President of Internal Affairs or President has a conflict of interest, they shall be replaced by another Student Executive who does not have a conflict of interest and, in the case of the President, was not involved in the original hearing.