VII.F. BSC Grievance Procedure: Difference between revisions

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(Created page with '''Definitions:'' ;Enforcement Committee: The Enforcement Committee shall refer to the investigating committee, which may either be the Conduct Committee or the Cabinet. ;Enforc…')
 
(Board approved 4/16/15.)
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''Definitions:''
==1. Definitions==
 
;Enforcement Committee: The Enforcement Committee shall refer to the investigating committee, which may either be the Conduct Committee or the Cabinet.
;Enforcement Committee: The Enforcement Committee shall refer to the investigating committee, which may either be the Conduct Committee or the Cabinet.


;Enforcement Committee Chair: The Enforcement Committee Chair is either the Concom Chair or President, depending on the Enforcement Committee.
;Enforcement Committee Chair: The Enforcement Committee Chair is either the Concom Chair or President, depending on the Enforcement Committee.


;Enforcement Committee Screening Committee (ECSC): If the Enforcement Committee is ConCom, the Screening Committee shall be the ConCom Chair, Executive Director, and Member Advocate. If the Enforcement Committee is Cabinet, the Screening Committee shall be the President, Executive Director and Member Advocate.
;Enforcement Committee Screening Committee (ECSC): If the Enforcement Committee is ConCom, the Screening Committee shall be the ConCom Chair, the Cooperative Experience Manager, the Conduct Investigator, and the Member Advocate. If the Enforcement Committee is Cabinet, the Screening Committee shall be the President, Executive Director and Member Advocate.


;Harassment: For the purposes of this policy, harassment will refer to both sexual harassment and other instances of harassment.
;Harassment: For the purposes of this policy, harassment will refer to both sexual harassment and other instances of harassment.




'''Introduction to the BSC Conduct Process'''
==2. Introduction to the BSC Conduct Process==
 
The BSC endeavors to resolve member conduct issues in a manner that respects both the rights of the member(s) alleged to have violated policy and the member(s) who was harmed by the conduct violation.
The BSC endeavors to resolve member conduct issues in a manner that respects both the rights of the member accused of violating conduct policies and the member who feels victimized by the conduct violation. The general format of a conduct case is as follows:
 
:1. Documentation and reporting of the incident(s).
:2. Preliminary vetting of the complaint by central-level staff.
:3. If central-level staff deem it substantive and it cannot be resolved by mutual agreement of the complainant, respondent and central-level staff, a thorough investigation is defined and conducted.
:4. An Enforcement Committee hearing where the case will be decided by a body of members.
 
 
'''1. Documentation and Reporting of the Incident(s)'''
::a. The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment.
::b. For issues regarding substance abuse, see section VII.F.
::c. Complaints have 60 days to be filed with central-level staff after the offending incident.
:::i. Exceptions can be granted on a case-by-base basis by the Enforcement Committee Screening Committee based on the documentation listed in 1.e. If the Enforcement Committee Screening Committee deems the alleged complaint egregious enough to warrant further inquiry, the complaint shall follow the normal procedure. Otherwise, the complaint will be dropped and the complainant notified.
::d. Unit-level officials must forward any and all reports of harassment to central-level staff.
::e. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
:::i. Name of the complainant;
:::ii. Who is named as having engaged in the inappropriate conduct;
:::iii. What specific behavior or comments occurred;
:::iv. Where did it occur;
:::v. When did it occur;
:::vi. What was the response at the time, if any;
:::vii. Names of the witnesses, if any, and
:::viii. Whether this incident of inappropriate conduct is part of a pattern of behavior and, if so, the same information regarding previous incidents.
 
:f. The Member Resources Supervisor, the Operations Manager, or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is documented in writing.
 
:g. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation.
 
'''2. Preliminary Assessment '''
:a. A central level supervisor, henceforth known as the mediator, will perform a preliminary assessment of the written conduct complaint, which shall include consulting with the complainant.
::i. The mediator will be one of the following: 1) the Member Resources Supervisor, 2) the Operations Manager, or 3) a designee of the Executive Director, as appropriate.
 
:b. Any individuals with potential conflicts of interest will be excused from the mediation or decision-making process, and the Enforcement Committee Screening Committee will designate a replacement(s).
 
:c. The mediator will privately inform the respondent of the complaint.
::i. The mediator will interview him/her for his/her response to the complaint and inform him/her that the Member Advocate is available to assist him/her in responding to the complaint.
::ii. The mediator will inform the respondent that any retaliation against a supposed complainant violates the BSC whistle-blower policy and is a termination worthy offense.
 
:d. The mediator will explore mediation and other complaint resolution resources and, if feasible, pursue them so as to resolve the complaint expeditiously and informally.
 
:e. Within fifteen (15) business days of the complaint being filed with central-level staff, one of the following five possible actions must be taken:
::i. The mediator adopts a mutual agreement between the complainant and respondent, as decided upon in mediation or through other means of alternative resolution.
::ii. The mediator chooses not to take further action at this time because the complaint is lacking substance or cannot be substantiated.
::iii. The mediator refers the issue to the Executive Director for Clear-and-Present Danger Consideration (see AdCode XXC.B.1.d.)
::iv. The mediator and the member may mutually agree to create a conditional contract (See section VII.K of the Policy Manual). The member has the right to refuse this option and choose instead to have the Enforcement Committee adjudicate the issue, necessitating further inquiry and a possible formal investigation, as described in Step 3 and 4.
::v. If the above actions are not taken, the mediator will forward the issue for a formal investigation, as described in Step 3 and 4.
 
:f. The Enforcement Committee Chair may extend this time frame due to extenuating circumstances such as being between academic sessions.
 
 
'''3. Secondary Assessment '''
 
:a. Once the mediator forwards the alleged conduct violation for a formal investigation, the mediator will inform the respondent as to his/her recommendation to forward the complaint, and:
::i. Notify the respondent that the Member Advocate will contact him/her for support during the investigation and committee hearing process (if the respondent has not already been in contact with the Member Advocate).
::ii. When the Member Advocate contacts the respondent, the Member Advocate shall also inform the respondent that the respondent has the right to waive the services of the Member Advocate. If the respondent chooses to do so, they must waive their right in writing and may supply a BSC member of their choosing to fill the role of the Member Advocate.
::iii. Request that the respondent provide written witness names and/or other pertinent information regarding his/her position in the case for a possible future investigation.
 
:b. The Conduct Investigator, henceforth known as the investigator, will commence investigating
::i.    If the investigator has potential conflicts of interest, they will be excused from the investigatory or decision-making roles, and the Operations Manager or a designee of the Executive Director will be designated as the replacement for that investigation.
 
 
:c. The investigator will then draft a plan (henceforth known as the “investigation plan”) to delineate the initial scope of the investigation. This investigation plan will include:
::i. The policies of which the respondent is allegedly in violation.
::ii. The incident(s) which provide grounds for the alleged policy violations.
::iii. The scope of the investigation, based on the complainant’s and respondent’s reports of the incident(s). This includes but is not limited to: which parties the investigator plans to interview (from both sides of the case), what types of evidence the investigator plans to collect (such as supporting documents, records of past behavior, etc), and the structure of the investigation report.
 
:d. The investigator will present the investigation plan to the Operations Manager. If the Operations Manager finds the planned investigation reasonable and appropriate, s/he will direct the investigator to proceed with a formal investigation.
::i. If the Operations Manager does not find the planned investigation reasonable and appropriate, then he/she may either:
:::1. Drop the complaint, after which the respondent and the complainant will be notified.
:::2. Direct the investigator to change the proposed investigation plan to better reflect the initial complaint and alleged policy violation.
 
:e. The Operations Manager will notify the Conduct Committee chair of the implementation of a formal investigation. The Conduct Committee chair will inform both the complainant and the respondent of the formal investigation and provide both parties with the full text of the investigation plan. 
 
 
'''4. Investigation Report '''
:a. The investigator shall create an evidenciary report within 45 days of the Operations Manager’s directive.
::i. The Enforcement Committee Chair may choose to extend this time frame based on extenuating circumstances such as being between academic sessions, the unavailability of key witnesses or important information that cannot be collected in the allotted time.
 
:b. If, during the process of the investigation, the investigator finds it necessary to broaden the scope of the investigation, s/he will notify the respondent as to what amendments will be made to the initial investigation plan. Amendments to the investigation plan can be, but are not limited to:
::i. Additional witness testimony.
::ii. Additional evidence.
::iii. Additional policy violations that have come to light over the process of the investigation.
 
:c. The investigator will then create a report that will include:
::i. The original investigation plan, including the alleged policy violations, and any amendments made to the investigation plan.
::ii. The information outlined in the investigation plan, as described in 3.B.
::iii. The information outlined in any amendments made to the investigation plan, as described in 4.B.
::iv. A statement from the complainant, as to their perspective on the case.
::v. A statement from the respondent, as to their perspective on the case.
 
:d. When the investigator prepares the report for the Enforcement Committee, no identifying details will be divulged in harassment cases.
 
 
'''5. Findings'''


:a. The Enforcement Committee Screening Committee (ECSC) shall met to review a draft of the investigator's report.  
There are two defined grievance processes: a process for general conduct violations, and a specialized process for any instance involving harassment or sexual misconduct.


:b. The ECSC will use the investigation report as a guide to determine which documents in the report are irrelevant, or what desired information the report is missing.


:c. The ECSC may either accept the report as written or direct the investigator to make further modification in advance of the Enforcement Committee hearing.
==3. General Conduct Violation Process==
::i. Any document may be removed from the report by a majority vote of the ECSC.
:'''1. Collection of Complainant Report(s):''' A written report of the complainant’s concern(s) is generated.  The complainant is briefed about their rights in the process and encouraged to utilize the Member Advocate as a resource.
::ii. The ECSC may direct the investigator or the Member Advocate to add documents to the report by a majority vote of the ECSC.
:'''2. Pre-Hearing:''' If the hearing officer deems it the complaint to be substantive, a pre-hearing meeting will be conducted, where the respondent will meet with staff to review the allegations and will get a chance to take responsibility for the violations and resolve the concern.
::iii. The ECSC will set a date for the Enforcement Committee hearing.
:'''3. Enforcement Committee Hearing:''' If the respondent does not accept responsibility for the violation and agree to the assigned sanctions in the pre-hearing or the complaint is significant enough for a termination of contract, the case will move on to an Enforcement Committee hearing where the case outcome will be decided by a body of current BSC members.
::iv. The investigator will send a copy of the finalized report the with the directed changes (which shall include any additional documents the ECSC directed the Member Advocate to supply)  to the ECSC at least 72 hours before the hearing date.  


:d. The Enforcement Committee Chair will notify the, respondent and complainant, if deemed appropriate by the Chair, of where they can access the report, as well as the time and location of the hearing at least 72 hours before the Enforcement Committee hearing. No changes will be made to the report after it is made available to the parties.
'''1. Collection of Complainant Report(s)'''
::i. Given the confidential nature of the report, the complainant and respondent may only view the report in its physical form in the presence of the Member Advocate or central-level staff.
::ii. The Member Advocate will be given a physical copy of the report.


:a. The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment.
:b. Unit-level officials are mandatory reporters in cases of harassment, sexual misconduct, assault, and other threatening or dangerous behavior that threatens community safety. Unit level officials must forward any and all reports of these incidents to central-level staff.
:c. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
::i. Name of the complainant;
::ii. Who is named as having engaged in the inappropriate conduct;
::iii. What specific behavior or comments occurred;
::iv. Where did it occur;
::v. When did it occur;
::vi. What was the response at the time, if any;
::vii. Names of the witnesses, if any, and
::viii. Whether this incident of inappropriate conduct is part of a pattern of behavior and, if so, the same information regarding previous incidents.
:d. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation. Any case reports or statements involving allegations of harassment or sexual misconduct will have all identifying information removed.


'''6. Committee Procedure'''
A. The Complaint Intake Process
:a. No additional documents may be presented at the hearing.
:a. The Member Resources Supervisor, the Cooperative Experience Manager, the Operations Manager, or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is documented in writing.  In this intake meeting with the complainant, the BSC staff member will collect the complainant’s statement, and inform the complainant of their rights in the conduct process, including that 1) the Member Advocate is available to assist them in navigating the process and collecting witness statements and 2) the complainant may recommend sanctions for the respondent that the Conduct Committee will consider .
::i. Staff also should ask whether the complainant would be willing to participate in a restorative conference or circle.
:b. The complainant’s written statement will then be given to the central level supervisor handling the case, hereafter known as the hearing officer. The hearing officer, will perform a preliminary assessment of the written conduct complaint, which shall include consulting with the complainant if additional information is needed. 
::i.  The hearing officer mediator will be one of the following: 1) the Member Resources Supervisor, 2) the Operations Manager, 3) the Cooperative Experience Manager, or 4) a designee of the Executive Director, as appropriate.
::ii.  Any individuals with potential conflicts of interest will be excused from the decision-making process, and the Executive Director will designate a replacement(s).
:c.    In consultation with the staff member who processed the initial grievance, the hearing officer will determine if a) the case should move on to the conduct process or b) be dismissed.  The Cooperative Experience Manager, Member Resources Supervisor, and Executive Director will also consult on cases to determine if they may warrant a contract termination and should be sent to Conduct Committee.
:d.  Following the filing of the initial complaint, the Member Advocate will aid the complainant and respondent in understanding their right to provide testimony, and in collecting witness statements for the hearing(s).  Any updates for complainants involved will be communicated by the hearing officer or Member Advocate.


:b. For harassment cases, all documentation presented to the Enforcement Committee will not contain identifying information.  
'''2. Pre-Hearing Meeting with Respondent'''


:c. The entire proceeding shall be held in executive session. The hearing will proceed as follows:
:a.   The hearing officer will schedule a pre-hearing meeting with the respondent, where they will privately inform the respondent of the complaint, review their rights in the conduct process, review the alleged policy violations/charges involved in the case, and give the respondent the opportunity to respond to the allegations.
::i. Reading the investigative report.
:b. The respondent will be notified of this meeting and the charges/ alleged policy violations 3 business days in advance of the pre-hearing.  If they do not attend, the case will automatically be sent to the Enforcement Committee for review.
::ii. Opening statements.
:c. If the respondent requests it, the complainant’s testimony can be provided to them at the pre-hearing meeting.
:::1. The facilitator shall set time limits for opening statements, between two(2) and six  (6) minutes (with two (2) additional minutes provided to the respondent), taking into account the complexity of the issue.  
:d. If in the pre-hearing meeting 1) the respondent chooses to take responsibility for violating all policies involved in the case AND 2) the hearing officer does not believe a termination of contract should be applied, THEN the respondent can choose between the following two options for case resolution:
:::2. The Enforcement Committee may choose a different limit by a ⅔ vote.
::i. Conditional Contract: The hearing officer and respondent decide on several conditions and/or sanctions that the respondent must complete to successfully resolve the concern.  The respondent will sign the agreement at the close of the meeting.
::iii. Q & A (15 minutes, can be extended with a ⅔ vote of committee).
::ii. Restorative Conference: Within a deadline designated by the hearing officer and if the complainant is willing to engage in a restorative process, the respondent will contact the Conduct Committee Chair to schedule a restorative conference or circle. The Conduct Committee Chair will facilitate this restorative process.
::iv. Closing statements
:e. If the two conditions above are not met, then the case will move on to the Enforcement Committee for review.  The respondent will be notified that they have the right to attend this hearing and provide their testimony in person (except in cases of harassment - See Section 4) and given a timeline of when the hearing will take place.  
:::1. Closing statements shall be limited to two (2) minutes per party except the respondent, who shall have two (2) additional minutes for their closing statement.
:f. At the close of the hearing the hearing officer will inform the respondent that any retaliation against a supposed complainant, witness, or member of an enforcement committee violates the BSC whistle-blower policy and is a termination worthy offense.
:::2. The Enforcement Committee may choose a different limit by a ⅔ vote.
::v. Deliberation (15 minutes, can be extended with a ⅔ vote of committee).


:d. The Enforcement Committee shall be given adequate time to read the investigator’s written report in committee.
'''3. The Enforcement Committee Hearing'''


:e. The conflict of interest provision will be disclosed as to Section XXVII.  
:a.    Following the pre-hearing, the Member Advocate will contact the respondent to assist in collecting witness statements.  Only the statements of witnesses to the incident(s) involved in the case will be considered.  The Conduct Committee can decide whether to exclude a witness statement from the hearing if it is too long or not relevant to the case.
:b.    The hearing officer will notify the Conduct Committee Chair of the upcoming conduct case.  The Conduct Committee Chair will notify the Conduct Committee Members of the upcoming hearing and will prepare administratively for the hearing (will contact the Member Advocate for the complainant’s witness statements, will make copies of the complainant’s report, print out copies of the policies allegedly violated, prepare the agenda, etc.).
:c. The respondent will be notified of the Enforcement Committee meeting and the charges/ alleged policy violations 3 business days in advance of the hearing.  If they do not attend, a decision on the case will be made in their absence.
:d.    The entire Enforcement Committee proceeding shall be held in executive session.
:e. Before the respondent is let into to the room, the Conduct Committee Chair will present some basic details of the case to the committee, including the alleged policy violations.  The Conduct Committee will:
::1. Read the complainant’s report and witness statements
::2. Disclose potential conflicts of interest
:::a. The Conduct Committee member who believes they may have a conflict of interest should discuss the circumstances privately with the Conduct Committee Chair.  Collectively, they will decide if the Conduct Committee member should participate in the hearing.
::3. Develop questions to ask the respondent about the incident
::4. Review the agenda and determine which representative will facilitate each portion of the meeting.
:f. The hearing will is recommended to proceed as follows:
::1. Introductions & Conduct Philosophy
::2. Member Rights in Conduct Process
:::a. The Conduct Committee reviews the respondent’s rights in the conduct process with them.
::3. Review of Applicable Policies/ Charges
:::a. The policies that have been allegedly violated are reviewed with the respondent, and they have the chance to ask questions about the policies
::4. Opportunity to Present Written Witness Statements
:::a. If the respondent presents witness statements, the Conduct Committee is given reading time to review the statements.
::5. Report Reading
:::a. The respondent is given the opportunity to read the complainant’s report and witness statements.
::6. Respondent’s Testimony (10 minutes)
:::a. The respondent is given the opportunity to respond to the allegations made by the complainant in the case.
::7. Question and Answer (15 minutes)
:::a. The Conduct Committee asks the respondent questions about the incident, including questions to clarify what occurred and restorative questions focused on the impact of what happened.
::8. Respondent Responds to Charges
:::a. The respondent is given the option to take responsibility for the policy violation(s).  Each charge is read, and the respondent can respond that they feel like they are:
::::i. responsible for the policy violation
::::ii. not responsible for the policy violation
::::iii. no-comment
::9. Appeals and Notification of Outcome
:::a. The Conduct Committee tells the respondent when they can expect to be notified of the outcome
:::b. The appeals process is reviewed with the respondent, including the reasons an appeal may be considered.
::10. Deliberations (15 minutes)
:::a. During deliberations, the respondent shall leave the room.
:::b. The Conduct Committee will discuss which policies the respondent is responsible for violating and will determine appropriate sanctions, if applicable.
:::c. The Conduct Committee should vote on whether the respondent is responsible or not responsible for violating each individual policy in the case.  Then the committee should assign relevant educational or punitive sanctions.
:::d. The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
:::e. The Cooperative Experience Manager, who serves as the advisor to the Conduct Committee, should inform the committee if they believe the decision made is problematic based on risk or past precedent.  If this is the case, the Committee must review the materials again and vote for a second time on the outcome of the case.  After this second vote, if the Cooperative Experience Manager or Conduct Chair still feel the decision is not appropriate, they may announce that they will refer the decision to the Termination Appeals Body for review.  In such circumstances, the Conduct Committee decision is not official until approved by the Terminations Appeal Body.
:f. The only timed portions of the hearing are the respondent’s testimony, question and answer, and deliberations.  If the committee wishes to extend the time on any of these sections, it must vote and approve by a 2/3 majority.
:g. The Enforcement Committee chair may deviate from the procedure above to ensure a sound process.
::i.    Any intended deviation should be discussed with the members of the Conduct Committee before the respondent enters the hearing.
::ii.    To preserve the integrity of the process, any procedural deviations after proceedings begin will be made only if necessary.
:h.    The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within three (3) business days of the hearing.  The respondent’s notification should include information on the appeals process.
:i. The Cooperative Experience Manager , or their their designee, is charged with ensuring that the committee’s decision is implemented.  If appropriate, this may include notifying house management of the hearing’s outcome.
:j. The Member Advocate will follow-up with the respondent to ensure they understand the decision and their rights to appeal.
  The Member Advocate will also follow up with the complainant to check in and process the outcome with them.


:f. The order of recognition for opening statements shall be the following: the investigator (to present the case), unit level official(s), the respondent and the Member Advocate (to advocate for the respondent).


:g. The Q & A period is a time for the enforcement committee members to gather additional information about the case from all parties and ask questions raised in the report and opening statements.
==4. Conduct Process Involving Harassment==
To produce a process that respects the privacy and rights of the complainant, the general format of a harassment or sexual misconduct conduct case differs from the general conduct process. The overview of the conduct process for cases involving harassment is as follows:


:i. During this time, the Member Advocate will be allowed to cross-examine the investigator about his/her investigation process.
:'''1. Complainant Interview:''' In person interview with the complainant about their concerns.  A written report of the complainant’s concern(s) is generated.  The complainant is briefed about their rights in the process and encouraged to utilize the Member Advocate as a resource.
:'''2. Respondent Interview:''' If hearing officer deems the complaint to be substantive and it cannot be resolved by mutual agreement of the complainant, respondent and central-level staff, a thorough investigation is defined and a pre-hearing interview or meeting will be conducted, where the respondent will meet with staff to review the allegations and provide their verbal testimony, which will be recorded.  In cases where termination of contract is not a proposed outcome, the respondent will be given the opportunity to take responsibility for the violations to resolve the case at this interview.
:'''3. Screening Committee Review Written Report(s) & Provide Recommendations:''' The conduct staff who conducted the interviews with the complainant and respondent will meet to review the reports, insure they are ready to send on to Conduct Committee, and to make recommendations for an outcome and sanctions.
:'''4. Enforcement Committee Meeting:''' If the respondent does not take responsibility for the violation in the pre-hearing or the complaint is significant enough to warrant a termination of contract, the case will move on to an Enforcement Committee hearing where the written testimony of all parties will be considered.  The outcome of the case will be decided by a body of current BSC members and staff.


:h. The order of recognition for closing statements shall be the following: the Executive Director, unit-level official(s), the respondent and the Member Advocate.
'''1. Collection of Complainant Report(s)'''


:i. During deliberations, only the enforcement committee members and the Member Advocate may remain in the room. All other parties, including the investigator and any unit-level official(s), must leave.
: a.    The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment.
:b.    Unit-level officials are mandatory reporters in cases of harassment and sexual misconduct, and must forward any and all reports of harassment to central-level staff.
:c.    In order for the BSC to respond efficiently, the following information will be collected from the complainant:
::i.   Name of the complainant;
::ii. Who is named as having engaged in the inappropriate conduct;
::iii. What specific behavior or comments occurred;
::iv.    Where did it occur;
::v.    When did it occur;
::vi.    What was the response at the time, if any;
::vii.    Names of the witnesses, if any, and
::viii.    Whether this incident of inappropriate conduct is part of a pattern of behavior and, if so, the same information regarding previous incidents.
:d. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation. Any case reports or statements involving allegations of harassment or sexual misconduct will have all identifying information removed.
:e. After the initial intake of the complaint, the BSC will have 60 days to conduct interviews and an investigation, to send the case to the Enforcement Hearing body, and to render a decision.


:j. During deliberations, the committee should first vote to establish whether a policy violation occurred, and in a separate vote they will decide on the appropriate remedy.
A. The Complaint Intake Process
::i. The Enforcement Committee may only take action on allegations specified in the report using only the evidence within the final report and witness statements presented at the hearing.


:k. The Enforcement Committee chair may deviate from this procedure to adhere to state and federal laws (such as restraining orders), or as necessary to ensure a sound process.
:a. The Member Resources Supervisor, the Cooperative Experience Manager, the Operations Manager, or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is documented in writing.  In this intake meeting with the complainant, the BSC staff member will collect the complainant’s statement, and inform the complainant of their rights in the conduct process, including that 1) the Member Advocate is available to assist them in navigating the process and collecting witness statements and 2) the complainant may recommend sanctions for the respondent that the Conduct Committee will consider .
::i. Any intended deviation should be discussed with all parties before proceedings begin.
::i. For cases involving harassment, complainants will be given the option to a) provide a written report or b) to provide a verbal account of what occurred that will be recorded and transcribed by the Conduct Investigator.
::ii. To preserve the integrity of the process, any procedural deviations after proceedings begin will be made only if necessary.
::ii. Staff also should ask whether the complainant would be willing to participate in a restorative conference or circle.
:b. The complainant’s written statement will then be given to the central-level supervisor handling the case, hereafter known as the hearing officer. The hearing officer will perform a preliminary assessment of the written conduct complaint, which shall include consulting with the complainant if additional information is needed. 
::i.  The hearing officer will be one of the following: 1) the Member Resources Supervisor, 2) the Operations Manager, 3) the Cooperative Experience Manager, or 4) a designee of the Executive Director, as appropriate.
::ii.  Any individuals with potential conflicts of interest will be excused from the decision-making process, and the Executive Director will designate a replacement(s).
:c.    In consultation with the staff member who processed the initial grievance, the hearing officer will determine if a) the case should move on to the conduct process or b) be dismissed.
:d.  Following the filing of the initial complaint, the Member Advocate will aid the complainant and respondent in understanding their right to provide testimony, and in collecting witness statements for the hearing(s). Any updates for complainants involved will be communicated by the hearing officer or Member Advocate.  
::i. The complainant in a harassment case may opt to waive the use of the Member Advocate, or to utilize a trained survivor advocate in their place.  In this case, the BSC Member Advocate will coordinate communication between the survivor advocate and others involved in the BSC conduct process.
::ii. All complainant witness statements in harassment cases must be collected and all identifying information must be removed from them by the Member Advocate before the pre-hearing interview with the respondent.  The Member Advocate should provide these statements to the hearing officer 24-hours in advance of the pre-hearing, so that the hearing officer can generate questions for the respondent.  The Member Advocate should convey an appropriate deadline to the complainant for these witness statements as a result.


:l. The role of BSC staff members (other than the investigator) on the enforcement committee is to support and advise the committee on the organizational and legal implications of their decisions. It is not the role of the staff advisor to advocate either for or against the respondent.  
'''2. Pre-Hearing Interview with Respondent'''


:a.    The hearing officer will schedule a pre-hearing meeting with the respondent, where they will privately inform the respondent of the complaint, review their rights in the conduct process, review the alleged policy violations/charges involved in the case, and give the respondent the opportunity to respond to the allegations.  The respondent’s testimony will be collected in this meeting, and questions about their statement will be asked by the hearing officer.
:b. The respondent will be notified of this meeting and the charges/ alleged policy violations 3 business days in advance of the pre-hearing.  If they do not attend, the case will automatically be sent to the Enforcement Committee for review without the respondent’s testimony.
:c. The complainant’s testimony and any witness statements will be provided to the respondent at the pre-hearing interview.  The respondent will be given the chance to respond to these materials.  The respondent’s testimony and their response to questioning will be recorded and transcribed by the Conduct Investigator.
:d. If in the pre-hearing meeting 1) the respondent chooses to take responsibility for violating all policies involved in the case AND 2) the hearing officer does not believe a termination of contract should be applied, THEN the respondent can choose between the following two options for case resolution:
::i. Conditional Contract: The hearing officer and respondent decide on several conditions and/or sanctions that the respondent must complete to successfully resolve the concern.  The respondent will sign the agreement at the close of the meeting.
::ii. Restorative Conference: Within a deadline designated by the hearing officer and if the complainant is willing to engage in a restorative process, the respondent will contact the Conduct Committee chair to schedule a restorative conference or circle.  The Conduct Committee Chair will facilitate this restorative process.
:e. If the two conditions above are not met, then the case will move on to the Enforcement Committee for review.  The respondent should be notified that a) In harassment cases, the respondent cannot attend the Enforcement Committee hearing and b) when they can expect to be notified of the outcome of the case.
:f. At the close of the hearing, the hearing officer will inform the respondent that any retaliation against a supposed complainant, witness, or member of an enforcement committee violates the BSC whistle-blower policy and is a termination worthy offense.
:g.  The hearing officer will inform the respondent that the Member Advocate will contact the respondent to assist in collecting witness statements.  Only the statements of witnesses to the incident(s) involved in the case will be considered.
::i.  In harassment incidents, the respondent has 72 hours following the pre-hearing to procure witness statements and give them to the Member Advocate.  In order for the respondent’s witness statements to be included in the report, The Member Advocate must receive the respondent’s witness statements, remove all identifying information from them, and share them with the Cooperative Experience Manager, Conduct Investigator, and Conduct Committee Chair before the Screening Committee meets to make recommendations.


'''7. Records'''
'''3. Screening Committee Review Written Report(s) & Provide Recommendations'''
:a. During committee proceedings, minutes are kept only during the opening statements, closing statements and the Q & A period. Minutes are not kept during deliberations.


:b. All motions made and voted on by the committee must also be included in the minutes.
:a. For harassment cases that progress to the Enforcement Committee hearing, the Conduct Investigator and Member Advocate shall collaborate to create an evidentiary report that contains the following:
::i. Conduct Investigator’s Responsibility:
:::1. brief summary of case
:::2. alleged policies violated
:::3. the complainant’s statement
:::4. the respondent’s statement
:::5. the respondent’s response to the charges (responsible, not responsible, or no comment)
::ii. Member Advocate’s Responsibility:
:::1. witness statements and any additional relevant evidence from the complainant
:::2. witness statements and any additional relevant evidence from the respondent
:b. When the Conduct Investigator and Member Advocate prepares the report for the Enforcement Committee, no identifying details will be divulged in harassment cases.
:c. Before the Enforcement Committee Hearing, the Enforcement Committee Screening Committee (ECSC) shall meet to review a draft of the evidentiary report.
::i. The ECSC will determine which documents in the report are irrelevant, too lengthy to include, or what desired information the report is missing.
:::1. The ECSC may either accept the report as written or direct the investigator and Member Advocate to make further modification in advance of the Enforcement Committee hearing.
:::2. Any document may be added or removed from the report by a majority vote of the ECSC.
:::3. A simple majority of the ECSC can vote to send the report to the Enforcement Committee hearing after any amendments have been made.
::ii. After approving the report, the ECSC will develop recommended outcomes and sanctions to present to the Conduct Committee in conjunction with the report.  These recommendations should take into account the wishes of the complainant and any concerns involving community safety and organizational liability.
::iii. Complainants and respondents may review the report after the hearing has taken place and an outcome has been rendered.  Given the confidential nature of the report, the complainant and respondent may only view the report in its physical form in the presence of the Member Advocate or central-level staff.


:c. For harassment cases, the investigator’s report and the Enforcement Committee’s minutes, both of which contain identifying details, will be kept by the BSC Executive Director as confidential records.
'''4. The Enforcement Committee Hearing'''


:a.    The hearing officer will notify the Conduct Committee Chair of the upcoming conduct case.  The Conduct Committee Chair will notify the Conduct Committee Members of the upcoming hearing and will prepare administratively for the hearing (will contact the member advocate and conduct investigator for the evidentiary report, prepare the agenda, etc.).
:b. The respondent will be notified of the Enforcement Committee meeting, the charges/ alleged policy violations, and when to expect notification of an outcome 3 business days in advance of the hearing.  The respondent may not attend the hearing.
:c.  The entire Enforcement Committee proceeding shall be held in executive session.
:d. The hearing is recommended to proceed as follows:
::1. Review of Applicable Policies/ Charges
::2. Review of the Evidentiary Report
::3. Disclose potential conflicts of interest
:::a) The Conduct Committee member who believes they may have a conflict of interest should discuss the circumstances privately with the Conduct Committee Chair.  Collectively, they will decide if the Conduct Committee member should participate in the hearing.
::4. Presentation of ECSC’s Recommendations (5 minutes)
:::a) The ECSC will appoint one or more of their members to present their recommendation(s) to the Conduct Committee
::5. Question and Answer (15 minutes)
:::a) The Conduct Committee can ask questions of the investigation team
::6. Deliberations (15 minutes)
:::a) The Conduct Committee will discuss which policies the respondent is responsible for violating and will determine appropriate sanctions, if applicable.
:::b) The Conduct Committee should vote on whether the respondent is responsible or not responsible for violating each individual policy in the case.  Then the committee should assign relevant educational or punitive sanctions, taking into account the recommendation of ECSC.
:::c) The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
:::d) The Cooperative Experience Manager, who serves as the advisor to the Conduct Committee, should inform the committee if they believe the decision made is problematic based on risk or past precedent.  If this is the case, the Committee must review the materials again and vote for a second time on the outcome of the case.  After this second vote, if the Cooperative Experience Manager or Conduct Chair still feel the decision is not appropriate, they may announce that they will refer the decision to the Termination Appeals Body for review.  In such circumstances, the Conduct Committee decision is not official until approved by the Termination Appeals Body.
:f. The only timed portions of the hearing are the question and answer, ECSC recommendations, and deliberations.  If the committee wishes to extend the time on any of these sections, it must vote and approve by a 2/3 majority.
:g. The Enforcement Committee Chair may deviate from the procedure above to ensure a sound process.
::i.    Any intended deviation should be discussed with the members of the Conduct Committee before the hearing commences.
::ii.    To preserve the integrity of the process, any procedural deviations after proceedings begin will be made only if necessary.
:h.    The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within three (3) business days of the hearing.  The respondent’s notification should include information on the appeals process.
:i. The Cooperative Experience Manager, or their designee, is charged with ensuring that the committee’s decision is implemented.  If appropriate, this may include notifying house management of the hearing’s outcome.
:j. The Member Advocate will follow-up with the respondent to ensure they understand the decision and their rights to appeal.
  The Member Advocate will also follow up with the complainant to check in and process the outcome with them.


'''8. Enforcement and Notification '''
:a. The Enforcement Committee Chair shall notify the respondent of the decision within 24 hours.


:b. The Enforcement Committee Chair shall inform house management and/or the complainant, as deemed appropriate by the Chair, within three (3) days.  
==5. Conduct Committee Appeals Procedures==
:1. There are three permissible reasons a respondent’s appeal of Conduct Committee’s decision will be considered:
::a. gross misapplication(s) of policy on the part of the hearing officer
::b. a procedural error(s) unfairly and materially affected the outcome of the case
::c. evidence has been discovered that was not reasonably available at the time of the hearing
:2. A case resolved in a pre-hearing cannot be appealed.  By taking responsibility for a policy violation, the respondent has waived their right to an appeal.
:3. If a respondent wishes to appeal Conduct Committee’s decision, they must file a written appeal request with the Cooperative Experience Manager within five (5) business days of being notified of the committee’s decision. The written appeal request must specify the:
::a. reasons for the appeal
::b. any new evidence
::c. the action desired
:4. Failure to submit the request within this deadline, unless an extension has been granted, shall result in the forfeiture of the right to appeal the Committee’s decision.
:5. Once the Cooperative Experience Manager has received the written request for appeal an appeal report shall be written. The report will be distributed to the Conduct Committee Appeals Screening Committee. This report, when relevant, shall include:
::a. A complete summary of the case, and the action taken by the previous body, along with the reasons for it.
::b. The written request for appeal filed by the appellant.
::c. Explanations by each of the other parties to the case of their views, and action desired.
::d. An explanation of any relevant BSC or house-level policies.
::e. All relevant correspondence or minutes, dated.
:6. The Conduct Committee Appeals Screening Committee (CCASC) shall be composed of the ConCom Chair, the OM, and the Vice President of Internal Affairs.  If one of these people has a conflict of interest or is unavailable, the BSC President shall appoint a suitable replacement.
:7. Whenever an appeal of a Conduct Committee action is requested, the CCASC shall have the duty to decide whether or not the appeal is to be granted and, if granted, which body will hear the appeal.
:8. The CCASC will initially determine whether the written appeal states one of the permissible grounds for an appeal.  If the respondent failed to state an acceptable ground for appeal, the ConCom Chair will notify that respondent that the appeal will not be processed.
:9. The CCASC shall have the authority to grant an appeal hearing, to deny an appeal hearing, and to require that the case be re-heard at a subsequent Conduct Committee session. 
:10. The CCASC must, for every action, include in the text of the motion a summary of the reasoning that supported the Committee’s decision.
:11. The CCASC shall act by majority vote.
:12. An appeal of a termination of membership that is executed by the Conduct Committee may only heard by the Termination Appeals Body.
:13. An appeal of any Conduct Committee action except termination of membership may only be heard by the Cabinet.
:14. Any actions taken by Cabinet in the course of a Conduct Committee Appeal hearing may not be appealed.


:c. The BSC Executive Director, or his/her designee, is charged with ensuring that the committee’s decision is implemented


:d. The Member Advocate will follow-up with the member to ensure they understand the decision and their rights to appeal.
==6. Records==
:a.    Minutes should be taken of the Enforcement Committee’s proceedings.
::i. Minutes are not kept during deliberations.
::ii. All motions made and voted on by the committee must also be included in the minutes.
:b.    These minutes, along with any reports or testimony involved in the case, will be kept by the Cooperative Experience Manager as confidential records. They will only be shared with the respondent in the case of an appeal and only when deemed appropriate by the Cooperative Experience Manager.




''[Board Approved 12/8/11]''
[''Board approved 4/16/15.'']
''[Conduct Investigator Revisions Approved 02/16/12]''

Revision as of 18:31, 11 May 2015

1. Definitions

Enforcement Committee
The Enforcement Committee shall refer to the investigating committee, which may either be the Conduct Committee or the Cabinet.
Enforcement Committee Chair
The Enforcement Committee Chair is either the Concom Chair or President, depending on the Enforcement Committee.
Enforcement Committee Screening Committee (ECSC)
If the Enforcement Committee is ConCom, the Screening Committee shall be the ConCom Chair, the Cooperative Experience Manager, the Conduct Investigator, and the Member Advocate. If the Enforcement Committee is Cabinet, the Screening Committee shall be the President, Executive Director and Member Advocate.
Harassment
For the purposes of this policy, harassment will refer to both sexual harassment and other instances of harassment.


2. Introduction to the BSC Conduct Process

The BSC endeavors to resolve member conduct issues in a manner that respects both the rights of the member(s) alleged to have violated policy and the member(s) who was harmed by the conduct violation.

There are two defined grievance processes: a process for general conduct violations, and a specialized process for any instance involving harassment or sexual misconduct.


3. General Conduct Violation Process

1. Collection of Complainant Report(s): A written report of the complainant’s concern(s) is generated. The complainant is briefed about their rights in the process and encouraged to utilize the Member Advocate as a resource.
2. Pre-Hearing: If the hearing officer deems it the complaint to be substantive, a pre-hearing meeting will be conducted, where the respondent will meet with staff to review the allegations and will get a chance to take responsibility for the violations and resolve the concern.
3. Enforcement Committee Hearing: If the respondent does not accept responsibility for the violation and agree to the assigned sanctions in the pre-hearing or the complaint is significant enough for a termination of contract, the case will move on to an Enforcement Committee hearing where the case outcome will be decided by a body of current BSC members.

1. Collection of Complainant Report(s)

a. The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment.
b. Unit-level officials are mandatory reporters in cases of harassment, sexual misconduct, assault, and other threatening or dangerous behavior that threatens community safety. Unit level officials must forward any and all reports of these incidents to central-level staff.
c. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
i. Name of the complainant;
ii. Who is named as having engaged in the inappropriate conduct;
iii. What specific behavior or comments occurred;
iv. Where did it occur;
v. When did it occur;
vi. What was the response at the time, if any;
vii. Names of the witnesses, if any, and
viii. Whether this incident of inappropriate conduct is part of a pattern of behavior and, if so, the same information regarding previous incidents.
d. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation. Any case reports or statements involving allegations of harassment or sexual misconduct will have all identifying information removed.

A. The Complaint Intake Process

a. The Member Resources Supervisor, the Cooperative Experience Manager, the Operations Manager, or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is documented in writing. In this intake meeting with the complainant, the BSC staff member will collect the complainant’s statement, and inform the complainant of their rights in the conduct process, including that 1) the Member Advocate is available to assist them in navigating the process and collecting witness statements and 2) the complainant may recommend sanctions for the respondent that the Conduct Committee will consider .
i. Staff also should ask whether the complainant would be willing to participate in a restorative conference or circle.
b. The complainant’s written statement will then be given to the central level supervisor handling the case, hereafter known as the hearing officer. The hearing officer, will perform a preliminary assessment of the written conduct complaint, which shall include consulting with the complainant if additional information is needed.
i. The hearing officer mediator will be one of the following: 1) the Member Resources Supervisor, 2) the Operations Manager, 3) the Cooperative Experience Manager, or 4) a designee of the Executive Director, as appropriate.
ii. Any individuals with potential conflicts of interest will be excused from the decision-making process, and the Executive Director will designate a replacement(s).
c. In consultation with the staff member who processed the initial grievance, the hearing officer will determine if a) the case should move on to the conduct process or b) be dismissed. The Cooperative Experience Manager, Member Resources Supervisor, and Executive Director will also consult on cases to determine if they may warrant a contract termination and should be sent to Conduct Committee.
d. Following the filing of the initial complaint, the Member Advocate will aid the complainant and respondent in understanding their right to provide testimony, and in collecting witness statements for the hearing(s). Any updates for complainants involved will be communicated by the hearing officer or Member Advocate.

2. Pre-Hearing Meeting with Respondent

a. The hearing officer will schedule a pre-hearing meeting with the respondent, where they will privately inform the respondent of the complaint, review their rights in the conduct process, review the alleged policy violations/charges involved in the case, and give the respondent the opportunity to respond to the allegations.
b. The respondent will be notified of this meeting and the charges/ alleged policy violations 3 business days in advance of the pre-hearing. If they do not attend, the case will automatically be sent to the Enforcement Committee for review.
c. If the respondent requests it, the complainant’s testimony can be provided to them at the pre-hearing meeting.
d. If in the pre-hearing meeting 1) the respondent chooses to take responsibility for violating all policies involved in the case AND 2) the hearing officer does not believe a termination of contract should be applied, THEN the respondent can choose between the following two options for case resolution:
i. Conditional Contract: The hearing officer and respondent decide on several conditions and/or sanctions that the respondent must complete to successfully resolve the concern. The respondent will sign the agreement at the close of the meeting.
ii. Restorative Conference: Within a deadline designated by the hearing officer and if the complainant is willing to engage in a restorative process, the respondent will contact the Conduct Committee Chair to schedule a restorative conference or circle. The Conduct Committee Chair will facilitate this restorative process.
e. If the two conditions above are not met, then the case will move on to the Enforcement Committee for review. The respondent will be notified that they have the right to attend this hearing and provide their testimony in person (except in cases of harassment - See Section 4) and given a timeline of when the hearing will take place.
f. At the close of the hearing the hearing officer will inform the respondent that any retaliation against a supposed complainant, witness, or member of an enforcement committee violates the BSC whistle-blower policy and is a termination worthy offense.

3. The Enforcement Committee Hearing

a. Following the pre-hearing, the Member Advocate will contact the respondent to assist in collecting witness statements. Only the statements of witnesses to the incident(s) involved in the case will be considered. The Conduct Committee can decide whether to exclude a witness statement from the hearing if it is too long or not relevant to the case.
b. The hearing officer will notify the Conduct Committee Chair of the upcoming conduct case. The Conduct Committee Chair will notify the Conduct Committee Members of the upcoming hearing and will prepare administratively for the hearing (will contact the Member Advocate for the complainant’s witness statements, will make copies of the complainant’s report, print out copies of the policies allegedly violated, prepare the agenda, etc.).
c. The respondent will be notified of the Enforcement Committee meeting and the charges/ alleged policy violations 3 business days in advance of the hearing. If they do not attend, a decision on the case will be made in their absence.
d. The entire Enforcement Committee proceeding shall be held in executive session.
e. Before the respondent is let into to the room, the Conduct Committee Chair will present some basic details of the case to the committee, including the alleged policy violations. The Conduct Committee will:
1. Read the complainant’s report and witness statements
2. Disclose potential conflicts of interest
a. The Conduct Committee member who believes they may have a conflict of interest should discuss the circumstances privately with the Conduct Committee Chair. Collectively, they will decide if the Conduct Committee member should participate in the hearing.
3. Develop questions to ask the respondent about the incident
4. Review the agenda and determine which representative will facilitate each portion of the meeting.
f. The hearing will is recommended to proceed as follows:
1. Introductions & Conduct Philosophy
2. Member Rights in Conduct Process
a. The Conduct Committee reviews the respondent’s rights in the conduct process with them.
3. Review of Applicable Policies/ Charges
a. The policies that have been allegedly violated are reviewed with the respondent, and they have the chance to ask questions about the policies
4. Opportunity to Present Written Witness Statements
a. If the respondent presents witness statements, the Conduct Committee is given reading time to review the statements.
5. Report Reading
a. The respondent is given the opportunity to read the complainant’s report and witness statements.
6. Respondent’s Testimony (10 minutes)
a. The respondent is given the opportunity to respond to the allegations made by the complainant in the case.
7. Question and Answer (15 minutes)
a. The Conduct Committee asks the respondent questions about the incident, including questions to clarify what occurred and restorative questions focused on the impact of what happened.
8. Respondent Responds to Charges
a. The respondent is given the option to take responsibility for the policy violation(s). Each charge is read, and the respondent can respond that they feel like they are:
i. responsible for the policy violation
ii. not responsible for the policy violation
iii. no-comment
9. Appeals and Notification of Outcome
a. The Conduct Committee tells the respondent when they can expect to be notified of the outcome
b. The appeals process is reviewed with the respondent, including the reasons an appeal may be considered.
10. Deliberations (15 minutes)
a. During deliberations, the respondent shall leave the room.
b. The Conduct Committee will discuss which policies the respondent is responsible for violating and will determine appropriate sanctions, if applicable.
c. The Conduct Committee should vote on whether the respondent is responsible or not responsible for violating each individual policy in the case. Then the committee should assign relevant educational or punitive sanctions.
d. The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
e. The Cooperative Experience Manager, who serves as the advisor to the Conduct Committee, should inform the committee if they believe the decision made is problematic based on risk or past precedent. If this is the case, the Committee must review the materials again and vote for a second time on the outcome of the case. After this second vote, if the Cooperative Experience Manager or Conduct Chair still feel the decision is not appropriate, they may announce that they will refer the decision to the Termination Appeals Body for review. In such circumstances, the Conduct Committee decision is not official until approved by the Terminations Appeal Body.
f. The only timed portions of the hearing are the respondent’s testimony, question and answer, and deliberations. If the committee wishes to extend the time on any of these sections, it must vote and approve by a 2/3 majority.
g. The Enforcement Committee chair may deviate from the procedure above to ensure a sound process.
i. Any intended deviation should be discussed with the members of the Conduct Committee before the respondent enters the hearing.
ii. To preserve the integrity of the process, any procedural deviations after proceedings begin will be made only if necessary.
h. The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within three (3) business days of the hearing. The respondent’s notification should include information on the appeals process.
i. The Cooperative Experience Manager , or their their designee, is charged with ensuring that the committee’s decision is implemented. If appropriate, this may include notifying house management of the hearing’s outcome.
j. The Member Advocate will follow-up with the respondent to ensure they understand the decision and their rights to appeal.
 The Member Advocate will also follow up with the complainant to check in and process the outcome with them.


4. Conduct Process Involving Harassment

To produce a process that respects the privacy and rights of the complainant, the general format of a harassment or sexual misconduct conduct case differs from the general conduct process. The overview of the conduct process for cases involving harassment is as follows:

1. Complainant Interview: In person interview with the complainant about their concerns. A written report of the complainant’s concern(s) is generated. The complainant is briefed about their rights in the process and encouraged to utilize the Member Advocate as a resource.
2. Respondent Interview: If hearing officer deems the complaint to be substantive and it cannot be resolved by mutual agreement of the complainant, respondent and central-level staff, a thorough investigation is defined and a pre-hearing interview or meeting will be conducted, where the respondent will meet with staff to review the allegations and provide their verbal testimony, which will be recorded. In cases where termination of contract is not a proposed outcome, the respondent will be given the opportunity to take responsibility for the violations to resolve the case at this interview.
3. Screening Committee Review Written Report(s) & Provide Recommendations: The conduct staff who conducted the interviews with the complainant and respondent will meet to review the reports, insure they are ready to send on to Conduct Committee, and to make recommendations for an outcome and sanctions.
4. Enforcement Committee Meeting: If the respondent does not take responsibility for the violation in the pre-hearing or the complaint is significant enough to warrant a termination of contract, the case will move on to an Enforcement Committee hearing where the written testimony of all parties will be considered. The outcome of the case will be decided by a body of current BSC members and staff.

1. Collection of Complainant Report(s)

a. The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment.
b. Unit-level officials are mandatory reporters in cases of harassment and sexual misconduct, and must forward any and all reports of harassment to central-level staff.
c. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
i. Name of the complainant;
ii. Who is named as having engaged in the inappropriate conduct;
iii. What specific behavior or comments occurred;
iv. Where did it occur;
v. When did it occur;
vi. What was the response at the time, if any;
vii. Names of the witnesses, if any, and
viii. Whether this incident of inappropriate conduct is part of a pattern of behavior and, if so, the same information regarding previous incidents.
d. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation. Any case reports or statements involving allegations of harassment or sexual misconduct will have all identifying information removed.
e. After the initial intake of the complaint, the BSC will have 60 days to conduct interviews and an investigation, to send the case to the Enforcement Hearing body, and to render a decision.

A. The Complaint Intake Process

a. The Member Resources Supervisor, the Cooperative Experience Manager, the Operations Manager, or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is documented in writing. In this intake meeting with the complainant, the BSC staff member will collect the complainant’s statement, and inform the complainant of their rights in the conduct process, including that 1) the Member Advocate is available to assist them in navigating the process and collecting witness statements and 2) the complainant may recommend sanctions for the respondent that the Conduct Committee will consider .
i. For cases involving harassment, complainants will be given the option to a) provide a written report or b) to provide a verbal account of what occurred that will be recorded and transcribed by the Conduct Investigator.
ii. Staff also should ask whether the complainant would be willing to participate in a restorative conference or circle.
b. The complainant’s written statement will then be given to the central-level supervisor handling the case, hereafter known as the hearing officer. The hearing officer will perform a preliminary assessment of the written conduct complaint, which shall include consulting with the complainant if additional information is needed.
i. The hearing officer will be one of the following: 1) the Member Resources Supervisor, 2) the Operations Manager, 3) the Cooperative Experience Manager, or 4) a designee of the Executive Director, as appropriate.
ii. Any individuals with potential conflicts of interest will be excused from the decision-making process, and the Executive Director will designate a replacement(s).
c. In consultation with the staff member who processed the initial grievance, the hearing officer will determine if a) the case should move on to the conduct process or b) be dismissed.
d. Following the filing of the initial complaint, the Member Advocate will aid the complainant and respondent in understanding their right to provide testimony, and in collecting witness statements for the hearing(s). Any updates for complainants involved will be communicated by the hearing officer or Member Advocate.
i. The complainant in a harassment case may opt to waive the use of the Member Advocate, or to utilize a trained survivor advocate in their place. In this case, the BSC Member Advocate will coordinate communication between the survivor advocate and others involved in the BSC conduct process.
ii. All complainant witness statements in harassment cases must be collected and all identifying information must be removed from them by the Member Advocate before the pre-hearing interview with the respondent. The Member Advocate should provide these statements to the hearing officer 24-hours in advance of the pre-hearing, so that the hearing officer can generate questions for the respondent. The Member Advocate should convey an appropriate deadline to the complainant for these witness statements as a result.

2. Pre-Hearing Interview with Respondent

a. The hearing officer will schedule a pre-hearing meeting with the respondent, where they will privately inform the respondent of the complaint, review their rights in the conduct process, review the alleged policy violations/charges involved in the case, and give the respondent the opportunity to respond to the allegations. The respondent’s testimony will be collected in this meeting, and questions about their statement will be asked by the hearing officer.
b. The respondent will be notified of this meeting and the charges/ alleged policy violations 3 business days in advance of the pre-hearing. If they do not attend, the case will automatically be sent to the Enforcement Committee for review without the respondent’s testimony.
c. The complainant’s testimony and any witness statements will be provided to the respondent at the pre-hearing interview. The respondent will be given the chance to respond to these materials. The respondent’s testimony and their response to questioning will be recorded and transcribed by the Conduct Investigator.
d. If in the pre-hearing meeting 1) the respondent chooses to take responsibility for violating all policies involved in the case AND 2) the hearing officer does not believe a termination of contract should be applied, THEN the respondent can choose between the following two options for case resolution:
i. Conditional Contract: The hearing officer and respondent decide on several conditions and/or sanctions that the respondent must complete to successfully resolve the concern. The respondent will sign the agreement at the close of the meeting.
ii. Restorative Conference: Within a deadline designated by the hearing officer and if the complainant is willing to engage in a restorative process, the respondent will contact the Conduct Committee chair to schedule a restorative conference or circle. The Conduct Committee Chair will facilitate this restorative process.
e. If the two conditions above are not met, then the case will move on to the Enforcement Committee for review. The respondent should be notified that a) In harassment cases, the respondent cannot attend the Enforcement Committee hearing and b) when they can expect to be notified of the outcome of the case.
f. At the close of the hearing, the hearing officer will inform the respondent that any retaliation against a supposed complainant, witness, or member of an enforcement committee violates the BSC whistle-blower policy and is a termination worthy offense.
g. The hearing officer will inform the respondent that the Member Advocate will contact the respondent to assist in collecting witness statements. Only the statements of witnesses to the incident(s) involved in the case will be considered.
i. In harassment incidents, the respondent has 72 hours following the pre-hearing to procure witness statements and give them to the Member Advocate. In order for the respondent’s witness statements to be included in the report, The Member Advocate must receive the respondent’s witness statements, remove all identifying information from them, and share them with the Cooperative Experience Manager, Conduct Investigator, and Conduct Committee Chair before the Screening Committee meets to make recommendations.

3. Screening Committee Review Written Report(s) & Provide Recommendations

a. For harassment cases that progress to the Enforcement Committee hearing, the Conduct Investigator and Member Advocate shall collaborate to create an evidentiary report that contains the following:
i. Conduct Investigator’s Responsibility:
1. brief summary of case
2. alleged policies violated
3. the complainant’s statement
4. the respondent’s statement
5. the respondent’s response to the charges (responsible, not responsible, or no comment)
ii. Member Advocate’s Responsibility:
1. witness statements and any additional relevant evidence from the complainant
2. witness statements and any additional relevant evidence from the respondent
b. When the Conduct Investigator and Member Advocate prepares the report for the Enforcement Committee, no identifying details will be divulged in harassment cases.
c. Before the Enforcement Committee Hearing, the Enforcement Committee Screening Committee (ECSC) shall meet to review a draft of the evidentiary report.
i. The ECSC will determine which documents in the report are irrelevant, too lengthy to include, or what desired information the report is missing.
1. The ECSC may either accept the report as written or direct the investigator and Member Advocate to make further modification in advance of the Enforcement Committee hearing.
2. Any document may be added or removed from the report by a majority vote of the ECSC.
3. A simple majority of the ECSC can vote to send the report to the Enforcement Committee hearing after any amendments have been made.
ii. After approving the report, the ECSC will develop recommended outcomes and sanctions to present to the Conduct Committee in conjunction with the report. These recommendations should take into account the wishes of the complainant and any concerns involving community safety and organizational liability.
iii. Complainants and respondents may review the report after the hearing has taken place and an outcome has been rendered. Given the confidential nature of the report, the complainant and respondent may only view the report in its physical form in the presence of the Member Advocate or central-level staff.

4. The Enforcement Committee Hearing

a. The hearing officer will notify the Conduct Committee Chair of the upcoming conduct case. The Conduct Committee Chair will notify the Conduct Committee Members of the upcoming hearing and will prepare administratively for the hearing (will contact the member advocate and conduct investigator for the evidentiary report, prepare the agenda, etc.).
b. The respondent will be notified of the Enforcement Committee meeting, the charges/ alleged policy violations, and when to expect notification of an outcome 3 business days in advance of the hearing. The respondent may not attend the hearing.
c. The entire Enforcement Committee proceeding shall be held in executive session.
d. The hearing is recommended to proceed as follows:
1. Review of Applicable Policies/ Charges
2. Review of the Evidentiary Report
3. Disclose potential conflicts of interest
a) The Conduct Committee member who believes they may have a conflict of interest should discuss the circumstances privately with the Conduct Committee Chair. Collectively, they will decide if the Conduct Committee member should participate in the hearing.
4. Presentation of ECSC’s Recommendations (5 minutes)
a) The ECSC will appoint one or more of their members to present their recommendation(s) to the Conduct Committee
5. Question and Answer (15 minutes)
a) The Conduct Committee can ask questions of the investigation team
6. Deliberations (15 minutes)
a) The Conduct Committee will discuss which policies the respondent is responsible for violating and will determine appropriate sanctions, if applicable.
b) The Conduct Committee should vote on whether the respondent is responsible or not responsible for violating each individual policy in the case. Then the committee should assign relevant educational or punitive sanctions, taking into account the recommendation of ECSC.
c) The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
d) The Cooperative Experience Manager, who serves as the advisor to the Conduct Committee, should inform the committee if they believe the decision made is problematic based on risk or past precedent. If this is the case, the Committee must review the materials again and vote for a second time on the outcome of the case. After this second vote, if the Cooperative Experience Manager or Conduct Chair still feel the decision is not appropriate, they may announce that they will refer the decision to the Termination Appeals Body for review. In such circumstances, the Conduct Committee decision is not official until approved by the Termination Appeals Body.
f. The only timed portions of the hearing are the question and answer, ECSC recommendations, and deliberations. If the committee wishes to extend the time on any of these sections, it must vote and approve by a 2/3 majority.
g. The Enforcement Committee Chair may deviate from the procedure above to ensure a sound process.
i. Any intended deviation should be discussed with the members of the Conduct Committee before the hearing commences.
ii. To preserve the integrity of the process, any procedural deviations after proceedings begin will be made only if necessary.
h. The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within three (3) business days of the hearing. The respondent’s notification should include information on the appeals process.
i. The Cooperative Experience Manager, or their designee, is charged with ensuring that the committee’s decision is implemented. If appropriate, this may include notifying house management of the hearing’s outcome.
j. The Member Advocate will follow-up with the respondent to ensure they understand the decision and their rights to appeal.
 The Member Advocate will also follow up with the complainant to check in and process the outcome with them.


5. Conduct Committee Appeals Procedures

1. There are three permissible reasons a respondent’s appeal of Conduct Committee’s decision will be considered:
a. gross misapplication(s) of policy on the part of the hearing officer
b. a procedural error(s) unfairly and materially affected the outcome of the case
c. evidence has been discovered that was not reasonably available at the time of the hearing
2. A case resolved in a pre-hearing cannot be appealed. By taking responsibility for a policy violation, the respondent has waived their right to an appeal.
3. If a respondent wishes to appeal Conduct Committee’s decision, they must file a written appeal request with the Cooperative Experience Manager within five (5) business days of being notified of the committee’s decision. The written appeal request must specify the:
a. reasons for the appeal
b. any new evidence
c. the action desired
4. Failure to submit the request within this deadline, unless an extension has been granted, shall result in the forfeiture of the right to appeal the Committee’s decision.
5. Once the Cooperative Experience Manager has received the written request for appeal an appeal report shall be written. The report will be distributed to the Conduct Committee Appeals Screening Committee. This report, when relevant, shall include:
a. A complete summary of the case, and the action taken by the previous body, along with the reasons for it.
b. The written request for appeal filed by the appellant.
c. Explanations by each of the other parties to the case of their views, and action desired.
d. An explanation of any relevant BSC or house-level policies.
e. All relevant correspondence or minutes, dated.
6. The Conduct Committee Appeals Screening Committee (CCASC) shall be composed of the ConCom Chair, the OM, and the Vice President of Internal Affairs. If one of these people has a conflict of interest or is unavailable, the BSC President shall appoint a suitable replacement.
7. Whenever an appeal of a Conduct Committee action is requested, the CCASC shall have the duty to decide whether or not the appeal is to be granted and, if granted, which body will hear the appeal.
8. The CCASC will initially determine whether the written appeal states one of the permissible grounds for an appeal. If the respondent failed to state an acceptable ground for appeal, the ConCom Chair will notify that respondent that the appeal will not be processed.
9. The CCASC shall have the authority to grant an appeal hearing, to deny an appeal hearing, and to require that the case be re-heard at a subsequent Conduct Committee session.
10. The CCASC must, for every action, include in the text of the motion a summary of the reasoning that supported the Committee’s decision.
11. The CCASC shall act by majority vote.
12. An appeal of a termination of membership that is executed by the Conduct Committee may only heard by the Termination Appeals Body.
13. An appeal of any Conduct Committee action except termination of membership may only be heard by the Cabinet.
14. Any actions taken by Cabinet in the course of a Conduct Committee Appeal hearing may not be appealed.


6. Records

a. Minutes should be taken of the Enforcement Committee’s proceedings.
i. Minutes are not kept during deliberations.
ii. All motions made and voted on by the committee must also be included in the minutes.
b. These minutes, along with any reports or testimony involved in the case, will be kept by the Cooperative Experience Manager as confidential records. They will only be shared with the respondent in the case of an appeal and only when deemed appropriate by the Cooperative Experience Manager.


[Board approved 4/16/15.]