Employee Disciplinary Proceedings for Reports of Sexual Assault, Dating Violence, Domestic Violence and Stalking Against an Employee
In cases of reports of sexual assault, dating violence, domestic violence or stalking (as defined in AD85) against an employee (hereinafter "respondent"), a disciplinary proceeding shall be conducted. Upon completion of a formal investigation by the Affirmative Action Office (AAO), a written Determination Report will be provided to the alleged victim, respondent and the appropriate Dean or Administrative Officer or their designee, as identified by the AAO, with authority to impose disciplinary sanctions on the respondent in accordance with applicable employment policies and procedures. In consultation with the appropriate Dean or Administrative Officer, the AAO shall schedule a disciplinary meeting(s) within thirty (30) business days of the date of the Determination Report. The disciplinary meeting(s) shall afford the alleged victim and the respondent separate opportunities to comment on the conclusion and recommendations of the Determination Report. Comments may be in writing or in-person (or both) at the independent discretion of the alleged victim or respondent. Both the alleged victim and the respondent may be accompanied by an advisor of their choice throughout the disciplinary process.
Upon consideration of the Determination Report, along with any additional comments, the appropriate Dean or Administrative Officer and the AAO, in consultation with the Human Resources Representative and Employee Relations, shall render a decision. If the AAO and the appropriate Dean or Administrative Officer concludes, by a preponderance of the evidence, that a policy violation occurred, s/he/they will decide on appropriate sanctions and prepare a Disciplinary Report. The Disciplinary Report will include the disciplinary sanctions as well as remedial measures and recommendations for prevention of retaliation.
Disciplinary sanctions may include one or more of the following measures:
• Termination from the University
• Unpaid suspension
• Restrictions from all or portions of campus
• Change in working facility
• Mandated education
• Written reprimand in personnel file
• Removal from classroom teaching
• Tenure revocation
• Withhold salary increase (from one to several years)
• Removal of endowed chair
• Removal of emeritus status
• Removal of graduate school status
• Termination of research project funding
• Removal from administrative position
If the AAO and the appropriate Dean or Administrative Officer concludes, by a preponderance of evidence, that no policy violation occurred, s/he/they will prepare a Disciplinary Report and the complaint will be documented and closed. Remedial measures, accommodations for the alleged victim, and recommendations for the prevention of retaliation may be considered when no policy violation is found. Please refer to AD67 - Disclosure of Wrongful Conduct and Protection from Retaliation and/or AD85 - Discrimination, Harassment, Sexual Harassment and Related Inappropriate Conduct for additional information on the prevention of retaliation.
A copy of the Disciplinary Report shall be provided to the alleged victim, the respondent, the Human Resources Representative(s) of the employee(s), and the Employee Relations Division of the Office of Human Resources within fifteen (15) business days of the conclusion of the disciplinary meeting. The AAO will maintain a copy of both the Determination Report and Disciplinary Report.
Appeal of Disciplinary Proceeding
In cases of reports of sexual assault, dating violence, domestic violence, or stalking against an employee, both the alleged victim and the respondent shall have the right of appeal from the Disciplinary Report as to findings of policy violation and appropriateness of disciplinary action and recommendations for prevention of retaliation. In cases where the respondent is a faculty member, academic administrator or other academic employees, appeal shall be to the Vice Provost for Academic Affairs. In cases where the respondent is any other (non-academic) employee, appeal shall be to the Senior Director of Employee Relations. Appeal shall be in writing within fifteen (15) business days of receipt of the Disciplinary Report, and shall list the specific matters to be appealed. Appropriate grounds for appeal are instances where procedural error or previously unavailable relevant evidence could significantly impact the outcome of a case or where a sanction is substantially disproportionate to the findings. Within fifteen (15) business days of the written appeal, the Vice Provost for Academic Affairs or Senior Director of Employee Relations shall issue a Final Determination in writing to the alleged victim, respondent, the Human Resources Representative, AAO and the appropriate Dean or Administrative Officer.
Throughout the process outlined above, the alleged victim shall be offered appropriate remedial measures and protection from retaliation. The alleged victim shall also be informed by the AAO on how to make a criminal report and how to file a complaint with the appropriate state or federal agency along with a copy of AD85.
Affirmative Action Office April 22, 2015
Affirmative Action Office
328 Boucke, University Park, PA 16802
Phone: (814) 863-0471
Fax: (814) 863-7799
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