VII.P. Workplace Harassment and Discrimination Prevention Body

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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.