The committee that hears cases of alleged discrimination is the Discipline Committee when both parties are students (see Student Handbook, Discipline and Disciplinary Proceedings). The formal mechanism for hearing all other allegations of discriminatory behavior, except those involving faculty appointment renewal decisions (which are handled by the Committee on Appointments and Promotions and by the faculty Steering Committee), or those involving a student and a case of misconduct that potentially violates the College’s Sexual Misconduct Policies (which are handled according to the procedures outlined here) is a grievance committee constituted for each particular case. This committee is drawn from a Standing Panel appointed by the President.
The grievance committee appointed by the President to hear a particular case shall be constituted from the membership of the Standing Panel as follows. If one of the parties is a student and the other faculty or staff, the committee shall have seven members, three from the same College category (student, faculty, staff) as the complainant, three from that of the respondent, and a chair. If one of the parties is a member of the faculty and the other a member of the staff, the committee shall likewise have seven members: a chair, three faculty members, and three staff members, at least one of whom shall be from the same job category as the staff member who is a party to the case. If both parties are faculty, the committee shall have five members, four from the Faculty Review Panel and a chair. If both parties are staff, the committee shall similarly have five members, a chair, and four members drawn from one or both of the panels appointed by the Provost and Vice President for Finance & Administration and Treasurer. At least one of those members shall be from the same job category as each of the parties involved. When the case involves faculty, both non-tenured and tenured faculty shall be included in the membership of the grievance committee. The faculty chair of the Standing Panel will preside in all cases involving faculty, and the staff chair in all cases involving staff, unless the case involves faculty and staff, when the chair shall be from the same College category as that of the complainant. The President shall strive to represent the diversity of the Williams community in appointing a committee to hear a particular case. Depending on the nature of the allegation, the President shall also strive to assure representation of the relevant groups protected by the College’s non-discrimination statement (see Non-Discrimination Policy). If unable to convene a committee with appropriate representation from among the members of the Standing Panel, the President may appoint up to two members not on the Standing Panel.
(NOTE: If the grievance involves a potential violation of the College’s Sexual Misconduct Policies and both parties are College employees, the Title IX Coordinator will be immediately notified. The appropriate Title IX deputy will ensure that the complainant has access to the information, resources and accommodations specified by the College’s Sexual Misconduct Policies, and the Title IX Coordinator will oversee all aspects of the hearing, including the training of the grievance committee. Such cases will be held to a preponderance of evidence standard.)
At or before the first meeting of the grievance committee constituted to hear a particular case, the chair, or any member of the committee may, at his or her own initiative, excuse himself or herself from the case because of potential bias or conflict of interest. If the chair asks to be excused, the President appoints for that case a chair pro tempore. Either party to the case may request members of the committee to withdraw from hearing a case on grounds of potential bias or conflict of interest. Should disagreement arise about a request for the disqualification of a particular member, the other members of the committee shall resolve the matter by majority vote. In the event that a member withdraws or is disqualified, the President shall appoint a replacement.
The grievance committee will conduct its hearings in private, keeping its proceedings, findings, and recommendations strictly confidential. A member of the grievance committee shall be designated by its chair to maintain minutes of its proceedings. Neither party to the case may mechanically record or stenographically transcribe the hearings. All decisions of the committee shall be made by majority vote, with the chair voting only to break a tie.
The committee will proceed as follows in order to protect the rights of both parties to the case and to assure the fairness of the College’s procedures:
- The respondent will receive a copy of the complainant’s statement of allegations in advance of the first meeting of the committee, if he or she has not already received one.
- Both parties will receive sufficient notice of the time and place of the hearing to allow for preparation of the case.
- Both parties have the right to be present when the case is heard.
- Both parties have the right to present evidence and to call a reasonable number of witnesses. Witnesses may be present only when they are actually testifying or being questioned.
- Both parties have a right to question all witnesses.
- The only sexual history that is admissible as evidence is that which exists between the two parties, and then only if the case involves sexual discrimination.
- The grievance committee may request the executive officer of the respondent to testify whether the file of complaints of discrimination that he or she maintains contains information concerning the respondent that is relevant to a judgment concerning the present case or to its disposition.
- Each party has the right to an advisor of his or her choice from the student body, faculty or staff of the College, who may help with the preparation of the case, who may be present when the case is heard, and who may confer with the advisee during the hearing. The advisor, however, may not address the grievance committee or question witnesses. The advisor may, but need not, be chosen from among the College advisors (see Advising Procedure). Neither party may be represented at the hearing by legal counsel.
The committee makes a finding as to whether or not the act alleged in the complaint, should it have taken place, would be a violation of the College’s policies against discrimination. If so, the committee also makes a finding as to whether the accused faculty or staff person actually committed the alleged act. The committee then reports its finding(s) and a summary of the reasons for its judgments in a written statement sent to the complainant, the respondent, and their executive officers no later than two weeks after the hearings conclude. In the event that both of the findings are affirmative, the committee also sends to the executive officers a recommendation of appropriate courses of action to remedy the harm done to the complainant and to protect other members of the College community, including a recommendation, if necessary, of any disciplinary action to be taken against the respondent. When the committee’s decisions are not unanimous, the report shall record both majority and minority opinions. The report shall be signed by all members of the committee.
If the complaint of discrimination involves grading, the grievance committee shall, at its discretion, call upon appropriate members of the Williams faculty for advice and shall have access to any information, including student records, it deems necessary. The laws governing access to individually identifiable student records require, however, that such information come to the committee through an officer of the College, i.e., the Dean of the College. If the committee judges an assigned grade to be the result of discrimination, the committee will recommend to the executive officers either a revised grade or a procedure for assigning a new grade. Nothing in these procedures shall infringe upon an instructor’s responsibility for his or her own grading so long as that grading does not violate the College’s non-discrimination policy.
The executive officers shall consider the grievance committee’s finding(s), report, and recommendations (if any). The executive officers shall also consider any information about the respondent in the file of complaints of discrimination, to which the executive officer of the respondent has access that is relevant to a judgment concerning the present case or to its disposition. If the executive officers reach conclusions that differ from those of the grievance committee, they will state their reasons for having done so, in writing, to the committee, providing the committee with an opportunity to reply before taking action. If, after considering the grievance committee’s reply, the executive officers conclude that the respondent did not violate the College’s non-discrimination policy, or that the evidence is not sufficient to substantiate the allegation, the case shall be dismissed. If they conclude that a violation has occurred, they will, normally within a period of one month after receiving the committee’s report, submit a written statement of their finding(s), and of the actions they plan to take, to the committee, the complainant, the respondent, and the respondent’s department supervisor.
The complainant will have exhausted the College’s discrimination grievance procedures at the close of the formal stage. The respondent has the right to appeal the executive officers’ proposed disposition of the case, unless the executive officers have instituted proceedings to suspend or dismiss a faculty member, as the Appeal Procedure below explains. If the respondent chooses not to appeal, the executive officers shall then act to remedy the harm done to the complainant, to protect the College community, and to take appropriate disciplinary action against the respondent. Copies of the executive officers’ written reports will be placed in the file of complaints of discrimination maintained by the Respondent’s executive officer.
Megamenu Social