VII.F. BSC Grievance Procedure: Difference between revisions

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==1. Definitions==
== '''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. For harassment cases, the enforcement committee will be the Conduct Hearing Coordinator, Conduct Member Advisor and the Conduct Chair.  


;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, 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.
;Hearing Officer: The hearing officer, will perform a preliminary assessment of the conduct complaint, which shall include consulting with the complainant if additional information is needed. The hearing officer is the Conduct Hearing Coordinator or a designee of the Executive Director.
 
;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)'''
;Harassment:
:For the purposes of this policy, harassment will refer to both sexual harassment and other instances of harassment.
::A. Unit-level officials are responsible 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.
::B. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation.


:a. The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment.
;Tier 1: Unit Level Conduct Resolution: This tier of the conduct process is focused on small, manageable conflicts within a unit. The goal of unit level mediation is to empower the units to handle conflicts before they create discomfort in the community. This form of resolution is NOT meant for major conduct policy violations.  
: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.
;Tier 2: General Conduct Violation Process: This tier of the conduct process is focused on conduct policy violations. The goal of this process is to resolve conduct violations at the central level.
:c. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
;Tier 3: Conduct Violation Process for Harassment, Sexual Harassment, Discrimination, Physical Assault and Distribution: This tier of the conduct process focuses on only the violations mentioned above. These complaints will take priority over other cases due to the severity of the conduct policy violations.
::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
=='''Introduction to the BSC Conduct 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'''
: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. For conflicts that are not clear violations of conduct policy, members should follow the Tier I unit-level conduct resolution steps outlined in this policy. For conduct violations, there are two defined grievance processes: a process for general conduct violations, and a specialized process for any instance involving harassment, sexual misconduct, physical assault or distribution.


: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.
=='''Unit Level Conduct Resolution'''==
: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.
Units are encouraged to mediate smaller conflicts between members to prevent more serious future policy violations. If a member violates BSC policy, conduct complaints should be reported through the BSC Conduct Complaint Form.  If a member is a possible threat to themselves or others, the Conduct Hearing Coordinator, the Executive Director, and/or the Member Resource Supervisor must be informed within 24 hours.
:c. If the respondent requests it, the complainant’s testimony can be provided to them at the pre-hearing meeting.
:1. Members are encouraged to talk to the member they believe is engaging in problematic behavior about the conflict. The Conduct Hearing Coordinator can provide resources such as a mediation chart, assistance from a BSC Restorative Justice Practitioner, and/or outside mediators. Members are encouraged to reach out to their house presidents and managers for support. Both these managers have been trained in mediation.
: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. If the conflict continues, managers may issue warnings to members causing conflict. Warnings must be documented by email. Managers are also encouraged to speak to members about the warning.
::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.
:3. If a member continues to cause conflict, managers can issue a required workshift fine, a required housemate/roommate agreement form, or another required engagement that will appropriately address the conflict.
::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.
:4. If the conflict continues despite these attempts to resolve the issue at the unit-level, a formal complaint must be submitted through the BSC Conduct Complaint Form.
: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'''
=='''General Conduct Violation Process'''==
:1. Collection of Complainant Report(s): A report of the complainant’s concern(s) is submitted through the BSC Conduct Complaint Form.  submitted through the BSC Conduct Complaint Form.  The complainant is notified through the form of their rights in the process and encouraged to utilize the Conduct Member Advisor as a resource.
:2. Pre-Hearing: If the hearing officer deems 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. If the staff member involved and the respondent agree upon a conditional contract addressing the concerns, the case does not need to proceed to an enforcement committee.
: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 to warrant potential 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.


: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.
:;1. Collection of Complainant Report(s): The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
: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.).
::a. Required Information
: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.
:::i. Name of the complainant;
:d.    The entire Enforcement Committee proceeding shall be held in executive session.
:::ii. Who is named as having engaged in the inappropriate conduct;
: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:
:::iii. What specific behavior or comments occurred;
::1. Read the complainant’s report and witness statements
:::iv. Where did it occur;
::2. Disclose potential conflicts of interest
:::v. When did it occur;
:::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.
:::vi. What was the response at the time, if any;
::3. Develop questions to ask the respondent about the incident
:::vii. Names of the witnesses, if any, and  
::4. Review the agenda and determine which representative will facilitate each portion of the meeting.
:::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 hearing will is recommended to proceed as follows:
::b. The Complaint Intake Process
::1. Introductions & Conduct Philosophy
:::i. The Conduct Hearing Coordinator or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is submitted through the BSC Conduct Complaint Form. The complaint form will notify the complainant of their rights in the conduct process, including that:
::2. Member Rights in Conduct Process
::::a. The Conduct Member Advisor is available to assist them in navigating the process and collecting witness statements
:::a. The Conduct Committee reviews the respondent’s rights in the conduct process with them.
::::b. The complainant may recommend sanctions for the respondent that the Conduct Committee will consider.
::3. Review of Applicable Policies/ Charges
:::ii. The Conduct Hearing Coordinator or designee of the Executive Director will follow up with the complainant in a timely manner to confirm receipt of the complaint and inform them of the next steps in the process.
:::a. The policies that have been allegedly violated are reviewed with the respondent, and they have the chance to ask questions about the policies
:::iii.   Staff also should ask whether the complainant would be willing to participate in a restorative conference or circle.
::4. Opportunity to Present Written Witness Statements
:::iv. The complainant’s submitted statement will then be reviewed by the hearing officer.
:::a. If the respondent presents witness statements, the Conduct Committee is given reading time to review the statements.
:::vAny individuals with potential conflicts of interest will be excused from the decision-making process, and the Executive Director will designate a replacement(s).
::5. Report Reading
:::vi. The Conduct Hearing Coordinator or a designee of the Executive Director will determine if the case should move on to the conduct process or be dismissed.
:::a. The respondent is given the opportunity to read the complainant’s report and witness statements.
:::vii. Following the filing of the initial complaint, the Conduct Member Advisor 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 Conduct Member Advisor.
::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 precedentIf 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.


:;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 at least  72 hours in advance. The respondent will be notified by email and then reminded by phone/text if they have not responded to the initial email. 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. The respondent will be notified of their rights in the process along with their rights to appeal
::e. If in the pre-hearing meeting the respondent BOTH chooses to take responsibility for violating all policies involved in the case AND 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. Conditional Contract & Restorative Conference: Along with the respondent signing a conditional contract, the respondent may contact the Conduct Hearing Coordinator to schedule a restorative conference or circle. A BSC Restorative Justice Practitioner will facilitate this restorative process.
::f. 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 and given a timeline of when the hearing will take place.
::g. 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.


==4. Conduct Process Involving Harassment==
:;3. The Enforcement Committee Hearing:
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:
::a. Following the pre-hearing, the Conduct Member Advisor 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 respondent will be notified of the Enforcement Committee meeting and the charges/ alleged policy violations 72 hours in advance of the hearing. If they do not attend, a decision on the case will be made in their absence.
::c. Only members of the Enforcement Committee (including the Chair, Administrative Assistant, and staff advisors), the Conduct Member Advisor, and the respondent may attend the hearing.
::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:
:::i. Read the complainant’s report and witness statements
:::ii. Disclose potential conflicts of interest. 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.
:::iii. The Enforcement 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.
:::iv. The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
:::v. The Conduct Hearing Coordinator or other professional staff advisor to the Enforcement 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 Conduct Hearing Coordinator/staff advisor or Enforcement Committee 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 Enforcement Committee decision is not official until approved by the Terminations Appeal Body.
::f. The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within 48 hours of the hearing. The respondent’s notification should include information on the appeals process.
::g. The Conduct Hearing Coordinator/staff advisor, or their their designee, is charged with ensuring that the committee’s decision is implemented. If appropriate, this may include notifying unit-level management of the hearing’s outcome.
::h. The Conduct Member Advisor will follow-up with the respondent to ensure they understand the decision and their rights to appeal.
 The Conduct Member Advisor will also follow up with the complainant to check in and process the outcome with them.


:'''1. Complainant Interview:''' In person interview with the complainant about their concernsA 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.
=='''Conduct Process Involving Harassment, Sexual Harassment, and Sexual Violence, Discrimination, Physical Assault, and Distribution'''==
:'''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.
To produce a process that respects the privacy and rights of the complainant, the general format of a harassment, sexual misconduct, physical assault or distribution conduct case differs from the general conduct process. In the event that there are multiple alleged conduct violations and at least one of them involves harassment, sexual misconduct, physical assault or distribution, the Tier III conduct adjudication process shall be usedThe overview of the conduct process for such cases is as follows:
:'''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.
;Overview of Tier III conduct process
:'''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. Complainant Submission: The complainant/unit-level manager must submit a complaint through the BSC Conduct Complaint Form. The complainant is notified of their rights in the process and encouraged to utilize the Conduct Member Advisor as a resource.
:2. Respondent Interview: If hearing officer deems the complaint to be substantive, a thorough investigation is defined and an interview or meeting will be conducted, where the respondent will meet with staff the Enforcement Committee to review the allegations and be briefed about their rights in the process,  provide their verbal testimony, and will get a chance to take responsibility for the violations which will be recorded,.and will be encouraged to utilize the Conduct Member Advisor as a resource.  
::A. If the respondent takes full responsibility for the allegations brought against them, the respondent will leave the hearing and the Enforcement Committee will go into deliberation of sanctions.
::B. If the respondent does not take responsibility for all the allegations brought against them, the Enforcement Committee will give the respondent a deadline to provide any evidence or witness statements that support their response. The Enforcement Committee will then reconvene after the deadline and review all the material provided and vote on a decision.


'''1. Collection of Complainant Report(s)'''
;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.
: a.   The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment.
:b. Unit-level officials and other responsible employees are responsible reporters in cases of harassment, sexual misconduct, physical assault, and/or distribution and must forward any and all reports of such conduct to the appropriate central-level staff.
: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:
:c.   In order for the BSC to respond efficiently, the following information will be collected from the complainant:
::i. Name of the complainant;
::i.   Name of the complainant;
::ii. Who is named as having engaged in the inappropriate conduct;
::ii. Who is named as having engaged in the inappropriate conduct;
::iii. What specific behavior or comments occurred;
::iii. What specific behavior or comments occurred;
::iv.   Where did it occur;
::iv. Where did it occur;
::v.   When did it occur;
::v. When did it occur;
::vi.   What was the response at the time, if any;
::vi. What was the response at the time, if any;
::vii.   Names of the witnesses, if any, and
::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.
::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.
::ix. Any recommended sanctions for the respondent that the Conduct Committee will consider.
: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.
::x. Whether or not the complainant would be willing to participate in an early resolution and suggestions on what they believe would suffice for early resolution.
:d. Early resolution includes options such as discussions with the parties, making recommendations for resolution, and conducting a follow-up review after a period of time to assure that the resolution has been implemented effectively.
:e. 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.
:f. After the complaint is submitted, cases of this nature will take priority over those that do not interfere with the safety of members. 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
;2. The Complaint Intake Process
:a. The Conduct Hearing Coordinator, or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is documented in the BSC Conduct Complaint form. The BSC staff member will collect the complainant’s statement, and the complainant will be notified of their rights in the conduct process, including that the Conduct Member Advisor is available to assist them in navigating the process and collecting witness statements.
:b. The Conduct Hearing Coordinator or designee of the Executive Director will follow up with the complainant in a timely manner to confirm receipt of the complaint and inform them of the next steps in the process.
:c. The complainant’s submitted 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 the Conduct Hearing Coordinator, or 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).
:d. 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.
:e. Any updates for complainants involved will be communicated by the hearing officer or Conduct Member Advisor.
::i. The complainant in a harassment or assault case may opt to waive the use of the Conduct Member Advisor, or to utilize a trained survivor advocate in their place. In this case, the hearing officer will coordinate communication between the survivor advocate and others involved in the BSC conduct process.
::ii. All complainant witness statements in harassment and sexual harassment/assault cases must be collected and all identifying information must be removed from them by the Conduct Member Advisor before the pre-hearing interview with the respondent. The Conduct Member Advisor should convey an appropriate deadline to the complainant for these witness statements as a result.


: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 .
;3. Enforcement Committee Interview with Respondent
::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.
:a. Enforcement Committee will schedule a 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 will not have access to the complainant's full written statement. The respondent’s testimony will be collected in this meeting, and questions about their statement will be asked by the hearing officer.
::ii. Staff also should ask whether the complainant would be willing to participate in a restorative conference or circle.
:b. The respondent will be notified of this meeting in advance of the pre-hearing. The respondent will be notified by email and then reminded by phone/text if they have not responded to the initial emails. If they do not attend, the case will automatically be reviewed by the Enforcement Committee without the respondent’s testimony.
: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.
:c. The charges and alleged policy violations, date and location of the alleged violations will be provided to the respondent at the 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 hearing officer or other member of the enforcement committee.
::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.
:d. The respondent should be notified when they can expect to be notified of the outcome of the case.
::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).
:e. 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.
: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.
:f. The hearing officer will inform the respondent that the Conduct Member Advisor 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.
: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.  
:g. In harassment, sexual harassment, physical assault, and/or distribution incidents, the will be given a deadline by the Enforcement Committee to procure witness statements and give them to the Conduct Member Advisor.
::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'''
;4. The Enforcement Committee Hearing
 
:a. The hearing officer will schedule the enforcement hearing with the Enforcement Committee Chair and the Conduct Member Advisor.
: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 the Enforcement Committee meeting, the charges/ alleged policy violations, and when to expect notification of an outcome. The respondent may not attend the hearing.
: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. Only members of the Enforcement Committee (including the Chair, Conduct Member Advisor, and staff advisors) and the Administrative Assistant may attend the hearing. A Trained Survivor Advocate may replace the Conduct Member Advisor if the complainant chooses to do so.
: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. The entire Enforcement Committee proceeding shall be held in executive session.
: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:
:e. The hearing is recommended to proceed as follows:
::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.
::1. Review of Applicable Policies/ Charges
::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.
::2. Review of the Evidentiary Report and additional materials provided by the respondent
: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.
::3. Question and Response
: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.
::4. Deliberations
: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.  
:::a) The Enforcement Committee will discuss which policies the respondent is responsible for violating and will determine appropriate sanctions, if applicable.
::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.
:::b) The Enforcement 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.
:::c) The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
:::d) The Conduct Hearing Coordinator or other professional staff advisor to the Enforcement 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 Conduct Hearing Coordinator/staff advisor or Enforcement Committee Chair still feels 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 Enforcement Committee decision is not official until approved by the Termination Appeals Body.
:f. 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 Enforcement 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.
:::iii. After the Enforcement Committee has reviewed the material they received from both parties, they may request additional information from either the complainant, respondent, and/or witnesses in order to ensure a sound review of the allegations.  
:g. The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within 48 hours of the hearing. The respondent’s notification should include information on the appeals process.
:h. The Conduct Hearing Coordinator/staff advisor, or their designee, is charged with ensuring that the committee’s decision is implemented. If appropriate, this may include notifying house unit management of the hearing’s outcome.
:i. The Conduct Member Advisor will follow-up with the respondent to ensure they understand the decision and their rights to appeal.The Conduct Member Advisor will also follow up with the complainant to check in and process the outcome with them.


'''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:
== '''Enforcement Committee Appeals Procedures''' ==
::i. Conduct Investigator’s Responsibility:
1. A case resolved in a pre-hearing cannot be appealed. By taking responsibility for a policy violation, the complainant/respondent has waived their right to an appeal.
:::1. brief summary of case
Once the Conduct Hearing Coordinator/staff advisor has received the written request for appeal an appeal report shall be written. The report will be distributed to the Appeals Committee. This report, when relevant, shall include:
:::2. alleged policies violated
:a. A complete summary of the case, and the action taken by the previous body, along with the reasons for it.
:::3. the complainant’s statement
:b. The written request for appeal filed by the appellant.
:::4. the respondent’s statement
:c. An explanation of any relevant BSC or unit-level policies.
:::5. the respondent’s response to the charges (responsible, not responsible, or no comment)
:d. All relevant correspondence or minutes, dated.
::ii. Member Advocate’s Responsibility:
2. Refer to section II.XVIII of the Policy Directory for the details of the appeals process.
:::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==
==''' Records '''==
: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.


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 Conduct Hearing Coordinator as confidential records. They will only be shared with the respondent in the case of an appeal and only when deemed appropriate by the Conduct Hearing Coordinator.


==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.'']
''[Board Approved Spring 2017]''

Revision as of 17:36, 4 November 2019

Definitions

Enforcement Committee
The Enforcement Committee shall refer to the investigating committee, which may either be the Conduct Committee or the Cabinet. For harassment cases, the enforcement committee will be the Conduct Hearing Coordinator, Conduct Member Advisor and the Conduct Chair.
Enforcement Committee Chair
The Enforcement Committee Chair is either the Concom Chair or President, depending on the Enforcement Committee.
Hearing Officer
The hearing officer, will perform a preliminary assessment of the conduct complaint, which shall include consulting with the complainant if additional information is needed. The hearing officer is the Conduct Hearing Coordinator or a designee of the Executive Director.
Harassment
For the purposes of this policy, harassment will refer to both sexual harassment and other instances of harassment.
A. Unit-level officials are responsible 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.
B. The BSC will handle all complaints discreetly and will maintain confidentiality to the greatest extent appropriate to the investigation.
Tier 1
Unit Level Conduct Resolution: This tier of the conduct process is focused on small, manageable conflicts within a unit. The goal of unit level mediation is to empower the units to handle conflicts before they create discomfort in the community. This form of resolution is NOT meant for major conduct policy violations.
Tier 2
General Conduct Violation Process: This tier of the conduct process is focused on conduct policy violations. The goal of this process is to resolve conduct violations at the central level.
Tier 3
Conduct Violation Process for Harassment, Sexual Harassment, Discrimination, Physical Assault and Distribution: This tier of the conduct process focuses on only the violations mentioned above. These complaints will take priority over other cases due to the severity of the conduct policy violations.

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. For conflicts that are not clear violations of conduct policy, members should follow the Tier I unit-level conduct resolution steps outlined in this policy. For conduct violations, there are two defined grievance processes: a process for general conduct violations, and a specialized process for any instance involving harassment, sexual misconduct, physical assault or distribution.

Unit Level Conduct Resolution

Units are encouraged to mediate smaller conflicts between members to prevent more serious future policy violations. If a member violates BSC policy, conduct complaints should be reported through the BSC Conduct Complaint Form. If a member is a possible threat to themselves or others, the Conduct Hearing Coordinator, the Executive Director, and/or the Member Resource Supervisor must be informed within 24 hours.

1. Members are encouraged to talk to the member they believe is engaging in problematic behavior about the conflict. The Conduct Hearing Coordinator can provide resources such as a mediation chart, assistance from a BSC Restorative Justice Practitioner, and/or outside mediators. Members are encouraged to reach out to their house presidents and managers for support. Both these managers have been trained in mediation.
2. If the conflict continues, managers may issue warnings to members causing conflict. Warnings must be documented by email. Managers are also encouraged to speak to members about the warning.
3. If a member continues to cause conflict, managers can issue a required workshift fine, a required housemate/roommate agreement form, or another required engagement that will appropriately address the conflict.
4. If the conflict continues despite these attempts to resolve the issue at the unit-level, a formal complaint must be submitted through the BSC Conduct Complaint Form.

General Conduct Violation Process

1. Collection of Complainant Report(s): A report of the complainant’s concern(s) is submitted through the BSC Conduct Complaint Form. submitted through the BSC Conduct Complaint Form. The complainant is notified through the form of their rights in the process and encouraged to utilize the Conduct Member Advisor as a resource.
2. Pre-Hearing: If the hearing officer deems 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. If the staff member involved and the respondent agree upon a conditional contract addressing the concerns, the case does not need to proceed to an enforcement committee.
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 to warrant potential 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)
The BSC encourages members to report instances of conduct violations in order to promote a cooperative living environment. In order for the BSC to respond efficiently, the following information will be collected from the complainant:
a. Required Information
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.
b. The Complaint Intake Process
i. The Conduct Hearing Coordinator or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is submitted through the BSC Conduct Complaint Form. The complaint form will notify the complainant of their rights in the conduct process, including that:
a. The Conduct Member Advisor is available to assist them in navigating the process and collecting witness statements
b. The complainant may recommend sanctions for the respondent that the Conduct Committee will consider.
ii. The Conduct Hearing Coordinator or designee of the Executive Director will follow up with the complainant in a timely manner to confirm receipt of the complaint and inform them of the next steps in the process.
iii. Staff also should ask whether the complainant would be willing to participate in a restorative conference or circle.
iv. The complainant’s submitted statement will then be reviewed by the hearing officer.
v. Any individuals with potential conflicts of interest will be excused from the decision-making process, and the Executive Director will designate a replacement(s).
vi. The Conduct Hearing Coordinator or a designee of the Executive Director will determine if the case should move on to the conduct process or be dismissed.
vii. Following the filing of the initial complaint, the Conduct Member Advisor 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 Conduct Member Advisor.
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 at least 72 hours in advance. The respondent will be notified by email and then reminded by phone/text if they have not responded to the initial email. 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. The respondent will be notified of their rights in the process along with their rights to appeal
e. If in the pre-hearing meeting the respondent BOTH chooses to take responsibility for violating all policies involved in the case AND 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. Conditional Contract & Restorative Conference: Along with the respondent signing a conditional contract, the respondent may contact the Conduct Hearing Coordinator to schedule a restorative conference or circle. A BSC Restorative Justice Practitioner will facilitate this restorative process.
f. 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 and given a timeline of when the hearing will take place.
g. 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 Conduct Member Advisor 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 respondent will be notified of the Enforcement Committee meeting and the charges/ alleged policy violations 72 hours in advance of the hearing. If they do not attend, a decision on the case will be made in their absence.
c. Only members of the Enforcement Committee (including the Chair, Administrative Assistant, and staff advisors), the Conduct Member Advisor, and the respondent may attend the hearing.
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:
i. Read the complainant’s report and witness statements
ii. Disclose potential conflicts of interest. 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.
iii. The Enforcement 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.
iv. The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
v. The Conduct Hearing Coordinator or other professional staff advisor to the Enforcement 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 Conduct Hearing Coordinator/staff advisor or Enforcement Committee 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 Enforcement Committee decision is not official until approved by the Terminations Appeal Body.
f. The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within 48 hours of the hearing. The respondent’s notification should include information on the appeals process.
g. The Conduct Hearing Coordinator/staff advisor, or their their designee, is charged with ensuring that the committee’s decision is implemented. If appropriate, this may include notifying unit-level management of the hearing’s outcome.
h. The Conduct Member Advisor will follow-up with the respondent to ensure they understand the decision and their rights to appeal.
 The Conduct Member Advisor will also follow up with the complainant to check in and process the outcome with them.

Conduct Process Involving Harassment, Sexual Harassment, and Sexual Violence, Discrimination, Physical Assault, and Distribution

To produce a process that respects the privacy and rights of the complainant, the general format of a harassment, sexual misconduct, physical assault or distribution conduct case differs from the general conduct process. In the event that there are multiple alleged conduct violations and at least one of them involves harassment, sexual misconduct, physical assault or distribution, the Tier III conduct adjudication process shall be used. The overview of the conduct process for such cases is as follows:

Overview of Tier III conduct process
1. Complainant Submission: The complainant/unit-level manager must submit a complaint through the BSC Conduct Complaint Form. The complainant is notified of their rights in the process and encouraged to utilize the Conduct Member Advisor as a resource.
2. Respondent Interview: If hearing officer deems the complaint to be substantive, a thorough investigation is defined and an interview or meeting will be conducted, where the respondent will meet with staff the Enforcement Committee to review the allegations and be briefed about their rights in the process, provide their verbal testimony, and will get a chance to take responsibility for the violations which will be recorded,.and will be encouraged to utilize the Conduct Member Advisor as a resource.
A. If the respondent takes full responsibility for the allegations brought against them, the respondent will leave the hearing and the Enforcement Committee will go into deliberation of sanctions.
B. If the respondent does not take responsibility for all the allegations brought against them, the Enforcement Committee will give the respondent a deadline to provide any evidence or witness statements that support their response. The Enforcement Committee will then reconvene after the deadline and review all the material provided and vote on a decision.
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 and other responsible employees are responsible reporters in cases of harassment, sexual misconduct, physical assault, and/or distribution and must forward any and all reports of such conduct to the appropriate 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.
ix. Any recommended sanctions for the respondent that the Conduct Committee will consider.
x. Whether or not the complainant would be willing to participate in an early resolution and suggestions on what they believe would suffice for early resolution.
d. Early resolution includes options such as discussions with the parties, making recommendations for resolution, and conducting a follow-up review after a period of time to assure that the resolution has been implemented effectively.
e. 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.
f. After the complaint is submitted, cases of this nature will take priority over those that do not interfere with the safety of members. 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.
2. The Complaint Intake Process
a. The Conduct Hearing Coordinator, or a designee of the Executive Director, as appropriate, is responsible for ensuring that the above information is documented in the BSC Conduct Complaint form. The BSC staff member will collect the complainant’s statement, and the complainant will be notified of their rights in the conduct process, including that the Conduct Member Advisor is available to assist them in navigating the process and collecting witness statements.
b. The Conduct Hearing Coordinator or designee of the Executive Director will follow up with the complainant in a timely manner to confirm receipt of the complaint and inform them of the next steps in the process.
c. The complainant’s submitted 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 the Conduct Hearing Coordinator, or 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).
d. 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.
e. Any updates for complainants involved will be communicated by the hearing officer or Conduct Member Advisor.
i. The complainant in a harassment or assault case may opt to waive the use of the Conduct Member Advisor, or to utilize a trained survivor advocate in their place. In this case, the hearing officer will coordinate communication between the survivor advocate and others involved in the BSC conduct process.
ii. All complainant witness statements in harassment and sexual harassment/assault cases must be collected and all identifying information must be removed from them by the Conduct Member Advisor before the pre-hearing interview with the respondent. The Conduct Member Advisor should convey an appropriate deadline to the complainant for these witness statements as a result.
3. Enforcement Committee Interview with Respondent
a. Enforcement Committee will schedule a 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 will not have access to the complainant's full written statement. 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 in advance of the pre-hearing. The respondent will be notified by email and then reminded by phone/text if they have not responded to the initial emails. If they do not attend, the case will automatically be reviewed by the Enforcement Committee without the respondent’s testimony.
c. The charges and alleged policy violations, date and location of the alleged violations will be provided to the respondent at the 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 hearing officer or other member of the enforcement committee.
d. The respondent should be notified when they can expect to be notified of the outcome of the case.
e. 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.
f. The hearing officer will inform the respondent that the Conduct Member Advisor 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.
g. In harassment, sexual harassment, physical assault, and/or distribution incidents, the will be given a deadline by the Enforcement Committee to procure witness statements and give them to the Conduct Member Advisor.
4. The Enforcement Committee Hearing
a. The hearing officer will schedule the enforcement hearing with the Enforcement Committee Chair and the Conduct Member Advisor.
b. The respondent will be notified of the Enforcement Committee meeting, the charges/ alleged policy violations, and when to expect notification of an outcome. The respondent may not attend the hearing.
c. Only members of the Enforcement Committee (including the Chair, Conduct Member Advisor, and staff advisors) and the Administrative Assistant may attend the hearing. A Trained Survivor Advocate may replace the Conduct Member Advisor if the complainant chooses to do so.
d. The entire Enforcement Committee proceeding shall be held in executive session.
e. The hearing is recommended to proceed as follows:
1. Review of Applicable Policies/ Charges
2. Review of the Evidentiary Report and additional materials provided by the respondent
3. Question and Response
4. Deliberations
a) The Enforcement Committee will discuss which policies the respondent is responsible for violating and will determine appropriate sanctions, if applicable.
b) The Enforcement 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.
c) The Enforcement Committee may only take action on allegations specified in the report using only the evidence presented at the hearing.
d) The Conduct Hearing Coordinator or other professional staff advisor to the Enforcement 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 Conduct Hearing Coordinator/staff advisor or Enforcement Committee Chair still feels 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 Enforcement Committee decision is not official until approved by the Termination Appeals Body.
f. 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 Enforcement 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.
iii. After the Enforcement Committee has reviewed the material they received from both parties, they may request additional information from either the complainant, respondent, and/or witnesses in order to ensure a sound review of the allegations.
g. The Enforcement Committee Chair shall notify the respondent and complainant of the outcome of the case in writing within 48 hours of the hearing. The respondent’s notification should include information on the appeals process.
h. The Conduct Hearing Coordinator/staff advisor, or their designee, is charged with ensuring that the committee’s decision is implemented. If appropriate, this may include notifying house unit management of the hearing’s outcome.
i. The Conduct Member Advisor will follow-up with the respondent to ensure they understand the decision and their rights to appeal.
 The Conduct Member Advisor will also follow up with the complainant to check in and process the outcome with them.


Enforcement Committee Appeals Procedures

1. A case resolved in a pre-hearing cannot be appealed. By taking responsibility for a policy violation, the complainant/respondent has waived their right to an appeal. Once the Conduct Hearing Coordinator/staff advisor has received the written request for appeal an appeal report shall be written. The report will be distributed to the Appeals 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. An explanation of any relevant BSC or unit-level policies.
d. All relevant correspondence or minutes, dated.

2. Refer to section II.XVIII of the Policy Directory for the details of the appeals process.


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 Conduct Hearing Coordinator as confidential records. They will only be shared with the respondent in the case of an appeal and only when deemed appropriate by the Conduct Hearing Coordinator.



[Board Approved Spring 2017]