Grievance Procedures

Student-to-Student

Knox College strives to provide prompt, confidential, and equitable resolution of complaints alleging actions prohibited by the Knox College policy on either Sexual Harassment or Sexual Misconduct, which includes sexual assault or rape. The Grievance Panel, which includes faculty, staff, and student members of our campus community, hears complaints of such charges.

Initiating the Process

1. Anyone who feels that s/he has been the victim of discrimination, harassment, or sexual assault as defined in the Knox College Student Handbook, Faculty Handbook, and the Knox College Policies and Procedures regarding Sexual Misconduct, may bring it to the attention of the Grievance Coordinator. The Coordinator will discuss confidentially the complainant's options. Possible options may include going no further with the complaint, working toward an informal settlement, or choosing to file an official complaint, which is heard by the campus Grievance Panel. The individual has at all times the option of contacting the Galesburg Police Department for the purpose of filing charges there, in addition to or in place of any Knox College process.

Informal Procedure

2. After an initial exploration of the complaint, the grievant and the Grievance Coordinator will agree to adopt a course of action including but not limited to those below. If the complaint involves a faculty member of Knox College, a course of action may include the involvement of the Dean of the College. If the complaint involves a staff member, a course of action may include working with the staff member's appropriate supervisor or the Director of Human Services.

3. The Grievance Coordinator or college official may attempt to resolve the grievance directly and privately with the person complained against, maintaining confidentiality*.

4. The Grievance Coordinator or college official and the grievant may seek an informal resolution of the grievance by meeting together with the person complained against.

5. The Grievance Coordinator can arrange for any current member of the college faculty, staff or student community to be asked to resolve the grievance informally by meeting with both parties separately (maintaining the grievant anonymity if so requested) or together.

6. The Grievance Coordinator or college official will discuss with the grievant the outcome of the steps taken through the informal procedures. If the grievant is satisfied, the procedure is completed and a formal document regarding actions taken will be filed. If the grievant is not satisfied, they may decide to file a formal complaint.

* Under Federal law, the college must report any incident of sexual assault to the U.S. Department of Education. Reports do not name individuals.

Filing a Complaint

7. If the complainant determines that they wish to proceed with a hearing, the Coordinator will assist them in selecting a Process Advocate. The Process Advocate will work with them on preparing a formal written complaint, which will be presented to the Chair of the Grievance Panel. Upon receiving this written complaint, the Chair will contact the other members of the panel and give them copies. The panel
has five class days to review the complaint and determine whether the information presented warrants a formal hearing.

8. Once an individual has made the decision to file a formal complaint, the accused is contacted by the Grievance Coordinator and given a copy of the complaint. The Grievance Coordinator will assist the accused in selecting and working with their Process Advocate in order to prepare his/her own written statement, which is presented to and reviewed by the Grievance Panel.

9. Formal written statements presented by both parties should contain as many facts as possible, including names, places, and times. Also the exact charges (i.e., Sexual Harassment or Sexual Misconduct, which includes sexual assault or rape) should be stated explicitly.

10. Once it has been determined by the Grievance Panel that the information presented warrants holding a formal hearing, each party is given five class day to prepare their case. Each party will make their preparation with the advice of their respective Process Advocate. During the preparation time period either party may wish to identify potential witnesses and choose to include in the hearing process a Support Individual. An explanation of the key members involved in the hearing process follows in sections 11 - 14.

Grievance Panel

11. The Grievance Panel shall consist of 2 faculty members, 2 staff members, and 2 students. Faculty members shall be appointed by FASCom, staff members by the Vice-President of Finance & Administration, and student members by the Student Senate. The term for each member shall be two years, with staggered appointments, so there will be one new faculty member, one new staff member, and one new student member each year. The role of the Grievance Panel will be to decide whether, based on information presented, a formal hearing is warranted and, in the event that it is warranted, to hear the case. The hearing shall be chaired by the faculty member in his/her second year of service on the Panel.

Process Advocate

12. Each party will choose a member of the Knox Community to serve as his/her Process Advocate. The Grievance Coordinator will provide a list of available Process Advocates to each party of a grievance. A Process Advocate is knowledgeable about the Panel's proceedings. The Process Advocate's role is to provide procedural guidance and information in preparing for the hearing and throughout the hearing process.

Optional Support Individual

13. Each party may choose to have an individual present during the proceedings whose sole function is to provide personal and moral support to that party. The Support Individual does not represent a party, nor do they have an active voice during the proceedings. The individual who provides optional personal support will not be allowed in the hearing room during the hearing but may remain on site throughout the process. The Support Individual may be a currently enrolled Knox College student or a currently employed faculty member or staff person.

Witnesses

14. Each party may submit a list of witnesses to the Grievance Coordinator who will notify each witness of the pending hearing. If a witness cannot or feels that s/he should not appear during the hearing s/he must submit a short written explanation to the Coordinator at least 48 hours prior to the hearing.

The Hearing

15. At least one hour before the hearing is scheduled to begin, the grievance panel members will gather to review written statements.

16. While the panel members are meeting, each party (including the Process Advocate, the accused/complainant, and all witnesses to that party) will meet for a pre-hearing preparation session. At this time, the Grievance Coordinator will deliver to each party a final list of all witnesses. Parties may write questions that they would like to have asked in the hearing and may confer with their own witnesses during this session.

17. All hearings will be closed to those not directly involved in the case. Only the members of the Grievance Panel, each party's Process Advocate, the complainant and the accused will be present during the entire hearing. Witnesses will be present only during their period of testimony and questioning.

18. During the hearing only members of the Grievance Panel, and Process Advocates may ask questions. The Complainant and Accused may not address each other directly. They are allowed however to present questions in writing, to be read aloud by their Process Advocate. Questions may be asked or submitted at any time during the hearing until the closing statements are delivered.

19. During the hearing, each party may present only witnesses who were named in the list given out during the pre-hearing preparation period.

20. At the end of the hearing, each party may make one closing statement. This statement may be made by either the complainant/accused or, at the request of the complainant/accused, read by their respective Process Advocates.

21. All witnesses will be escorted into and out of the hearing in order to give their statements.

22. After the hearing the Grievance Panel will meet in closed session to make a decision on the case. Findings rest on whether or not the accused was found in violation of the Knox College Policy on Sexual Harassment or Sexual Misconduct, based solely on the evidence presented at the hearing. Findings will then be presented to the Dean of Students, who will determine appropriate sanctions, if necessary.

Notification of Findings

23. Each party will be notified by phone by their Process Advocate of the Grievance Panel's findings within 24 hours of the hearing's conclusion. Each party will also receive an official letter from the Grievance Panel Chair containing the Grievance Panel's findings.

24. An accused found guilty of a violation may provide letters that address their personal character to the Dean of Students, prior to him/her determining sanctions. Upon reviewing the panel findings the Dean of Students will determine what sanctions will be imposed, and will notify each party of those sanctions by letter.

Appeals

25. Each party has the right to submit a written appeal to the President of the College. Appeals may be filed on grounds of new evidence becoming available, alleged bias of members of the Grievance Panel, or procedural error.