VII.O. Member Rights in the Conduct Process

Complainant Rights in the Conduct Process

1. The complainant has the right to provide their testimony in writing and to provide recommended sanctions for the respondent. In a case involving harassment or sexual misconduct, the identifying information in the written statement will be removed before being presented to the respondent or Enforcement Committee. The recommended sanctions will be presented to the hearing officer or Enforcement Committee for them to consider.

2. The complainant has the right to utilize the Conduct Member Advisor. The Conduct Member Advisor is available to assist them with navigating the conduct process, including collecting witness statements if applicable. The complainant also has the right to waive the services of the member advocate.

3. The complainant has the right to be notified of the date of the hearing and the outcome of the case, and to review any testimony provided before or after the case by the respondent.

Respondent Rights in the Conduct Process

1. The respondent has the right to hear all testimony involved in the case, and to provide their own testimony. In a general conduct case, this involves attending the hearing and providing in-person testimony. In a case involving harassment or sexual misconduct, the respondent will be interviewed and their statement will be presented to the Enforcement Committee.

2. The respondent has the right to utilize the Conduct Member Advisor. The Conduct Member Advisor is available to assist them with navigating the next steps of the conduct process, including collecting witness statements if applicable. The respondent also has the right to waive the services of the member advocate.

Conduct Information Disclosure Policy

When it comes to sharing information about Sexual Harassment and Sexual Violence complaints, representatives of the BSC have a responsibility to practice ethical business conduct as enumerated in IV.G. Business Conduct Policies. As an interim health and safety measure until an investigation is concluded by proper authorities, in addition to being necessary for the maintenance of an anti-oppressive (as defined by the Anti-Oppression Policy) cooperative community, BSC staff included but not limited to the Executive Director and the Mediation and Conduct Committee Liaison, will inform the unit-level managers of the unit in which the respondent is living in that the respondent is being accused of a Sexual Harassment and Sexual Violence conduct violation. If/when a member accused of a reported SHSV violation is moved or transferred into another unit, the major manager team of the unit that the respondent is transferring from, as well as the major manager team of the unit that the respondent is transferring to, must both be notified of the ongoing case by the Executive Director and the Mediation and Conduct Committee Liaison within 24 hours of the move-in. Both manager teams will receive support regarding de-escalation, how to communicate with other members of the unit, leads to external services, and how to explicitly avoid potentially violating the Anti-Retaliation Policy. Until investigation, adjudication, and judgment is rendered by organizational authorities designated to handle Conduct Code violations, the BSC must not project an outcome that has not yet been determined by organizational authorities as true and must avoid potentially violating the Anti-Retaliation Policy.

When it comes to sharing information about Sexual Harassment and Sexual Violence complaints, representatives of the BSC have a responsibility to practice ethical business conduct as enumerated in IV.G. Business Conduct Policies. As an interim health and safety measure until an investigation is concluded by proper authorities, in addition to being necessary for the maintenance of an anti-oppressive (as defined by the Anti-Oppression Policy) cooperative community, BSC staff included but not limited to the Executive Director and the Mediation and Conduct Committee Liaison, will inform the unit-level managers of the unit in which the respondent is living in that the respondent is being accused of a Sexual Harassment and Sexual Violence conduct violation. If/when a member accused of a reported SHSV violation is moved or transferred into another unit, the major manager team of the unit that the respondent is transferring from, as well as the major manager team of the unit that the respondent is transferring to, must both be notified of the ongoing case by the Executive Director and the Mediation and Conduct Committee Liaison within 24 hours of the move-in. Both manager teams will receive support regarding de-escalation, how to communicate with other members of the unit, leads to external services, and how to explicitly avoid potentially violating the Anti-Retaliation Policy. Until investigation, adjudication, and judgment is rendered by organizational authorities designated to handle Conduct Code violations, the BSC must not project an outcome that has not yet been determined by organizational authorities as true and must avoid potentially violating the Anti-Retaliation Policy.