Student Discrimination Review Committee Guidelines
1. Introduction
These guidelines apply to students who have a complaint of discrimination based on race, color, religion, national origin, sex, sexual orientation, disability, or age in employment, academic areas, or other programs, services or activities in the University community. This procedure is intended for those situations not resolved through other means. Prior to review under these guidelines, complaints alleging sexual or racial harassment, as a specific form of discrimination, must be addressed in accordance with the University's policies on sexual or racial harassment, under which the initial review includes the Office of Affirmative Action. For all other discrimination complaints, students should attempt to resolve the matter through regular channels, normally the Department or Unit Head, Dean, Provost, or appropriate Vice President. If a complaint of discrimination (other than sexual or racial harassment) is not satisfactorily resolved at any of those levels, it should be referred to the Office of Affirmative Action.
2. Jurisdiction
If a student's complaint of discrimination (including sexual or racial harassment) is not resolved to the satisfaction of the complainant or to the satisfaction of a student respondent after review by the Office of Affirmative Action, a written complaint may be made to the Student Discrimination Review Committee (SDRC). The written complaint shall be addressed to the Dean of Student Life. [Any employee aggrieved by sanctions imposed in relation to alleged discrimination by the employee may appeal to the appropriate grievance body, including the General Faculty Grievance Board and the Civil Service Peer Review Committee. Unresolved sexual or racial harassment complaints by students against other students alternatively may be appealed to the appropriate student judicial board.]
3. Composition of SDRC
The SDRC shall be composed of a chair of twelve members, appointed at the beginning of each academic year. The Student Body President shall recommend to the University President the appointment of six student members, and the President of Faculty Senate shall recommend to the University President the appointment of four faculty members and two unclassified non-faculty members. The University President shall appoint the chairperson. At least four members shall be women and at least four shall be minorities. The Dean of Student Life or designee will convene the panel.
4. Selection
Each unresolved complaint shall be heard by a panel composed of the chair and six committee members. The panel shall be selected by the chair. Prior to the hearing the chair shall inquire as to whether any member of the committee is closely associated with either party. If so, that committee member shall be disqualified from serving on the hearing panel. The chair shall make reasonable efforts to include on the panel some members who are representative of the parties, based on the issues involved. During summer months or other periods when the University is not in full session and committee members are unavailable, the University President shall have the authority to appoint an ad hoc committee to ensure prompt hearing of discrimination complaints. To the extent feasible, the composition of any ad hoc committee shall be consistent with the guidelines set forth in this paragraph.
5. Hearing
A written complaint must be submitted to the chair by the complainant prior to the hearing. The complaint must contain the identity of the individuals against whom the complaint is being brought, and must specify the conduct which is alleged to be discriminatory and the basis for the complainant's belief that the conduct is discriminatory. The chair shall determine whether the complaint is within the jurisdiction of the committee and whether the complaint contains the required information. The party or parties complained against shall receive a copy of the complaint at least 10 calendar days before the hearing. The hearing shall be held within 21 calendar days after the committee's receipt of the written complaint. The chair may postpone the hearing for good cause.
The complainant shall appear personally throughout the hearing and will be first to present relevant evidence in support of his or her complaint. The party or parties complained against shall have the right to be present throughout the hearing and shall be permitted to present any relevant evidence in support of their position. Each party is permitted to have a non-attorney advocate who may speak on his or her behalf. Under normal circumstances it is anticipated that neither party would have legal counsel present. Any party intending to have legal counsel present shall notify the opposing party and the chair at least 48 hours before the hearing. Any legal counsel present will not have speaking privileges. Evidence may be presented through documents and witnesses. Each party shall have the opportunity to question opposing parties and witnesses. No evidence or information shall be considered unless presented at the hearing. The committee may adopt additional procedures to facilitate a fair hearing.
6. Report
Within 21 calendar days after the close of the hearing, the hearing panel shall make a written report of its finding and recommendation(s) to the University President. A copy of the report shall be provided to all parties. Any party, if dissatisfied, may make a written appeal to the President of the panel's findings and recommendation(s) within 7 calendar days after that party's receipt of the report. The parties and the chair shall be advised of the President's decision within 21 calendar days after the President's receipt of the panel's report.
7. Confidentiality
The complaint and the proceedings on the complaint, including the hearing, shall be closed unless a student respondent requests an open hearing, in which case the hearing shall be open. All records of the panel's proceedings shall be kept in the Office of Affirmative Action. Each party shall have the right to inspect and copy such records.
NOTE: This is a KSU institutional policy adopted by the University administration and may be amended by the authority of the University President.
APPROVED: President Jon Wefald, October 31, 1995