Appendix 14 Harassment Complaint Procedures

TABLE OF CONTENTS

1. Complaint Resolution Processes
   
2. Procedures for Resolving Complaints When Accused is an EMPLOYEE (Executive, Administrative, Professional, Staff)
   
   
   1. Complaint Procedures
   2. Appeal Process
      
3. Procedures for Resolving Complaints When Accused is a FACULTY MEMBER
   (These procedures are also in Section 300 of the Faculty Handbook)
   
   
   1. Complaint Procedures
   2. Appeal Process
      
4. Procedures for Resolving Complaints When Accused is a STUDENT
   
   Complaints are handled through the procedures described under Student Conduct and Disciplinary System, Student Handbook.
   
   

1. COMPLAINT RESOLUTION PROCESSES
   
   With the objectives of timeliness and fundamentally fair procedures for all parties, the University's complaint processes are designed to: 1) decide if the behavior alleged in the complaint took place and constituted harassment, 2) stop the offending behavior, 3) restore the complainant's working or learning environment, 4) take steps to prevent retaliation and repetition of the harassment, and 5) educate, sanction, or discipline the harasser consistent with the seriousness of the offense.

   The University is committed to investigating and resolving all complaints of harassment, or information which creates a reasonable belief that harassment has occurred. Because of the sensitive nature of most harassment incidents and the emotional and moral complexities involved, effort is made to resolve problems fairly and informally as they arise, so that they do not become an ongoing source of grievance to be pursued through the formal hearing process or administrative action. The University retains complete discretion as to the terms and conditions upon which matters may be resolved by informal means.

   The Equal Opportunity Officer (the Ombudsman for Harassment) is available to discuss general concerns or specific complaints about harassment and to answer questions about the various procedures for initiating a complaint. Any member of the campus community may bring questions about procedures, seek informal advice, or present a complaint to the Ombudsman, either verbally or in writing. Individuals can speak with the Ombudsman confidentially without filing a complaint. Sometimes suggestions may be provided which enable the complainant to deal directly with the offender. Other cases may require intervention, administrative action, or a formal hearing. The University believes that, while most cases can be resolved through intervention and education before a complaint is filed, separate and specific procedures have been developed to resolve harassment complaints both through informal and formal means.

   Harassment complaints, concerns, or information which creates a reasonable belief that harassment has occurred, are channeled through the Dean of Students' Office or the Ombudsman for Harassment depending on whether the accused is a (1) student, (2) employee (Executive, Administrative, Professional, Staff) or (3) faculty member.

   (1a) Allegations against students by students are referred to the Dean of Students' office and reviewed by the Director of Student Activities or the Director of Cultural Diversity through the procedure outlined in the Student Handbook;

   (1b) Allegations against students by employees or faculty members are referred to the Ombudsman and reviewed through the procedure outlined in the Student Handbook;

   (2) Allegations against employees by other employees, students, or faculty members are referred to the Ombudsman and reviewed through the Procedures for Resolving Complaints When the Accused is an Employee, page A-61;

   (3) Allegations against faculty members by other faculty, employees, or students are referred to the Ombudsman and reviewed through the Procedures for Resolving Complaints When the Accused is a Faculty Member, page A-65.
   
   

2. PROCEDURES FOR RESOLVING COMPLAINTS WHEN THE ACCUSED IS AN EMPLOYEE (EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, STAFF)
   
   
   1. Complaint Procedures
      
      These procedures are used to resolve complaints of alleged harassment by any member of the Gonzaga community against an employee in violation of state and/or Federal statutes, and/or University policy. It is hoped that issues of harassment can be resolved between the immediate parties or with some assistance from within the University community.
      
      The Ombudsman for Harassment (the University's Equal Opportunity Officer) advises complainants of resolution processes, conducts preliminary inquiries and investigations, evaluates cases and advises the administration on resolution, seeks to insure that procedures and timetables are followed, provides administrative review of all complaint outcomes, and insures that complete and proper documentation is maintained.
      
      Steps in the resolution process will normally be in the following order:
      
      1) Preliminary Inquiry
      
      2) Intervention
      
      3) Administrative Action
      
      4) Appeal Process
      
      Normally, the University will attempt to resolve issues of harassment with intervention so that administrative action is not necessary.
      
      REPORTING HARASSMENT
      
      Any member of the Gonzaga community may bring complaints or concerns about harassing behavior by an employee to any responsible party. Students may bring complaints or concerns about harassing behavior by an employee to their academic advisor, the employee's supervisor, other faculty, any chair or dean, Student Life, any vice president, or to the Ombudsman. Employees may bring complaints or concerns about other employees to their supervisor, department head, any vice president, the Human Resources Department, or the Ombudsman. If the complaint or concern involves the complainant's immediate supervisor, the complainant may bring the complaint or concern directly to that person's department head, any administrator, or the Ombudsman.
      
      If a complaint against an employee, or information which creates a reasonable belief that an employee has engaged in harassment, is received by a responsible party (faculty or administrator as described in the preceding paragraph), this person shall promptly (and in any event within three work days), report the sexual harassment complaint or basis for reasonable belief that harassment has occurred, to the Ombudsman. The individual should maintain a written record noting the time and date of the complaint//concern/information, and briefly summarizing it, in order to document timely handling. Once the information is communicated to the Ombudsman, the Ombudsman will first conduct a preliminary inquiry.
      
      (1) PRELIMINARY INQUIRY
      
      A preliminary inquiry is the first step in the resolution process after allegations of harassment are reported through proper channels. Its purposes are to: 1) determine the facts, 2) determine whether a reasonable basis exists for the allegations of harassment, 3) advise the complainant (if applicable) of resolution options, and 4) if appropriate after steps 1-3, notify the accused of allegations and obtain a response.
      
      The Ombudsman will meet with the complainant or those providing information which gave rise to the complaint or concern, to receive full and complete details about the allegations. Once the Ombudsman has the initial facts of the case, the Ombudsman will normally meet with the accused's immediate supervisor or appropriate administrator to discuss the case and determine the appropriate steps for resolution. Normally with notice to the complainant(s) or those providing information, the accused's supervisor, appropriate administrator, and/or the Ombudsman may conduct limited questioning of others believed to have knowledge of the situation in an attempt to verify the allegations. If the Ombudsman determines that a reasonable basis exists for the allegations, the Ombudsman and/or supervisor will meet with the accused employee to explain the allegations and obtain a response.
      
      If the Ombudsman cannot reasonably determine that the alleged incident(s) occurred, or that it/they did not constitute harassment, the Ombudsman will communicate this to the complainant or persons providing information. Some form of intervention may occur at this point in an attempt to resolve any misperceptions or misunderstandings, or deal with allegations of conduct which may be improper but not harassment. Allegations of misconduct which are serious but not considered harassment may be handled through applicable processes outlined in the Personnel Policies and Procedures Manual at the University's discretion.
      
      The University will conduct a preliminary inquiry in response to all complaints. Any further action deemed necessary will be determined by the results of the preliminary inquiry. It is expected that the preliminary inquiry will normally be completed within seven working days of the date the Ombudsman receives the report of alleged harassment.
      
      (2) INTERVENTION
      
      Intervention entails a variety of actions the University may take to resolve the situation so as to avoid the need for administrative action. However, the University may take administrative action without the step of intervention if the seriousness of the situation or other circumstances warrant it.
      
      Intervention does not involve sanctions or discipline, or require a specific finding that the harassment policy has been violated. Each case will be evaluated on its own merits. The University will consider such factors as the seriousness of the allegations (nature of the conduct and type of harassment), the number of complainant(s) involved, the length of time the alleged conduct has occurred, and the effect of the alleged conduct on the complainant. If necessary, a more extensive investigation may be undertaken by the Ombudsman or appropriate administrator to determine these factors.
      
      Intervention may include one or more of the following, which are used at the University's discretion:
      
      (a) informal discussions with the parties (normally informal discussions will be used only to resolve a first complaint against an employee [1])
      
      (b) education
      
      (c) offer of apology to the complainant or those affected by the behavior
      
      (d) formal mediation by a professional
      
      (e) verbal or written notice from the appropriate administrator requesting specific behavior changes
      
      (f) leave of absence, transfer, resignation
      
      (g) other measures deemed appropriate for the situation
      
      Any actions at the intervention level will normally be discussed with the accused before being implemented. However, the University has the sole discretion and authority to take whatever actions it deems necessary to resolve the situation. If, after the step of intervention, a satisfactory resolution cannot be reached or if additional complaints, concerns or information are received and corroborated, the University may take administrative action against the accused.
      
      (3) ADMINISTRATIVE ACTION
      
      Administrative action involves employee discipline or sanctions such as verbal and written warnings, probation, suspension, demotion, or termination of employment with the University, after an accused has been found to have violated this policy. These steps may be taken without the step of intervention if the seriousness of the situation or other circumstances warrant it. They may also be taken after intervention has not resolved the problem to the University's satisfaction or additional allegations are made and corroborated.
      
      RECORDS
      
      The Ombudsman will keep a confidential record of discussions and actions of the preliminary inquiry, intervention, and administrative action in a separate file. Information will become part of the accused's official personnel file if resolution involves any steps beyond informal discussions.
      
      If an individual seeks information or clarification about sexual harassment from the Ombudsman but does not address specific offensive conduct, then no record need be kept or any employee named.
      
      Throughout the resolution process, the University will be guided by discretion, with information shared on a need-to-know basis only.
      
      PROTECTING COMPLAINANTS AND OTHERS
      
      To the extent practical, the complainant will be informed of steps taken during the resolution process.
      
      Reasonable actions may be taken to insure that complainants and witnesses will suffer no retaliation as a result of their involvement in the process. The University will take appropriate action against anyone in the University community who threatens or causes retaliation against anyone involved in the process.
      
      PROTECTING THE ACCUSED
      
      In the event that the allegations are not substantiated, reasonable steps may be taken to restore the accused's reputation if it was damaged by the proceedings.
      
      A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to appropriate discipline as outlined in applicable sections of the Personnel Policies and Procedures Manual.
      
      
   2. Appeal Process
      
      The purpose of this process is to provide the parties an opportunity to have an independent review of results from the intervention and administrative action levels.
      
      The Ombudsman for Harassment (Equal Opportunity OfficerOfficer) is the Compliance Officer for this process.
      
      This appeal process should normally be completed within thirty calendar days from the date of the appeal request. If more time is needed, the Ombudsman will notify the appropriate parties in writing of a reasonable time frame for completion.
      
      Any party who believes these complaint procedures have been violated or improperly applied, or that the decision and/or sanctions are inappropriate, may appeal through the Grievance Procedures described in the Personnel Policies and Procedures Manual, Appendix 12.
      
      ALTERNATIVE STEPS
      
      Gonzaga University's intention is that through these procedures any complaints will be resolved internally; however, a complaint may be filed with Federal or state agencies, such as:
      
      WASHINGTON STATE HUMAN RIGHTS COMMISSION
      Information and Complaints
      1-800 233-3247 1-800 622-2755 (Spanish)
      
      Washington State Human Rights Commission
      905 Riverside, Suite 416
      915 Second Ave., Room 3310
      Spokane, WA 99201
      (509) 456-4473
      
      U.S. Department of Education
      Office for Civil Rights
      915 Second Avenue, Room 3310
      Seattle, WA 98174
      (206) 220-7880
      TDD (206) 220-7907
      
      U.S. Department of Labor
      Office of Federal Contract Compliance Programs
      1111 Third Ave., Suite 610
      Seattle, WA 98101
      (206) 553-4508
      
      Equal Employment Opportunity Commission
      Federal Office Building
      909 First Avenue, #400
      Seattle, WA 98104
      (206) 669-4000
      
      
   Procedures approved by Faculty Assembly April 26, 1996
   
   
3. PROCEDURES FOR RESOLVING COMPLAINTS WHEN THE ACCUSED IS A FACULTY MEMBER
   
   
   1. Complaint Procedures
      
      These procedures are used to resolve complaints of alleged harassment by any member of the Gonzaga community against a faculty member in violation of state and/or Federal statutes, and/or University policy. It is hoped that issues of sexual harassment can be resolved between the immediate parties or with some assistance from within the University community.
      
      The Ombudsman for Sexual Harassment (the University's Equal Opportunity Officer) advises complainants of resolution processes, conducts preliminary inquiries and investigations, evaluates cases and advises academic administration on resolution, seeks to insure that procedures and timetables are followed, provides administrative review of all complaint outcomes, and insures that complete and proper documentation is maintained.
      
      Steps in the resolution process will normally be in the following order:
      
      1) Preliminary Inquiry
      
      2) Informal Intervention
      
      3) Formal Hearing by the Faculty Harassment/Discrimination Committee
      
      4) Appeal Process
      
      Normally, the University will attempt to resolve complaints with informal intervention so that a formal hearing is not necessary.
      
      REPORTING HARASSMENT
      
      Any member of the Gonzaga community may bring complaints or concerns about sexually harassing behavior by a faculty member to any responsible party. Students may bring complaints or concerns about sexually harassing behavior by a faculty member to their advisors, other faculty, any chair or dean, Student Life, the Academic Vice President's Office, or to the Ombudsman. Employees may bring complaints or concerns about faculty to their supervisor, department head, any vice president, the Human Resources Department, or the Ombudsman.
      
      If a complaint against a faculty member or information which creates a reasonable belief that a faculty member has engaged in sexual harassment is received by a responsible party (faculty or administrator as described in the preceding paragraph), this person shall, within three work days, report the sexual harassment complaint or basis for reasonable belief that harassment has occurred to the Ombudsman. The individual should maintain a written record noting the time and date of the complaint/information, and briefly summarizing it, in order to document timely handling. Once the complaint is communicated to the Ombudsman, the Ombudsman will first conduct a preliminary inquiry.
      
      (1) PRELIMINARY INQUIRY
      
      A preliminary inquiry is the first step in the resolution process after allegations of harassment are reported through proper channels. Its purposes are to: 1) determine the facts, 2) determine whether a reasonable basis exists for the allegations of harassment, 3) advise the complainant of resolution options, and 4) notify the accused of allegations and obtain a response.
      
      The Ombudsman will meet with the complainant to receive full and complete details about the allegations. Once the Ombudsman has the initial facts of the case, the Ombudsman will normally meet with the accused's chair or dean to discuss the case and determine the appropriate steps for resolution. Normally with notice to the complainant(s), the chair or dean and/or the Ombudsman may conduct limited questioning of others believed to have knowledge of the situation in an attempt to verify the allegations. If the Ombudsman determines that a reasonable basis exists for the allegations, the Ombudsman and/or chair or dean will meet with the accused faculty member to explain the allegations and obtain a response.
      
      If the Ombudsman cannot reasonably determine that the alleged incident(s) occurred, or that it/they did not constitute harassment, the Ombudsman will communicate this to the complainant. Some form of informal intervention may occur at this point in an attempt to resolve any misperceptions or misunderstandings, or deal with allegations of conduct which may be improper but not harassment. Allegations of misconduct which are serious but not considered harassment may be handled through the Faculty Handbook Appendix 300E process at the University's discretion.
      
      The University will conduct a preliminary inquiry in response to all complaints. Any further action deemed necessary will be determined by the results of the preliminary inquiry. It is expected that the preliminary inquiry will normally be completed within seven working days of the date the Ombudsman receives the report of alleged harassment.
      
      (2) INFORMAL INTERVENTION
      
      Informal intervention entails a variety of actions the University may take to resolve the complaint so as to avoid a formal hearing.
      
      Intervention does not necessarily involve sanctions or discipline, or require a specific finding that the harassment policy has been violated. Each case will be evaluated on its own merits. The University will consider such factors as the seriousness of the allegations (nature of the conduct and type of harassment), the number of complainant(s) involved, the length of time the alleged conduct has occurred, and the effect of the alleged conduct on the complainant. If necessary, a more extensive investigation may be undertaken by the Ombudsman or appropriate academic officer to determine these factors.
      
      Intervention may include one or more of the following, which are negotiated with the accused faculty member:
      
      (a) informal discussions with the parties (normally informal discussions will be used only to resolve a first complaint against a faculty member[2])
      
      (b) education
      
      (c) offer of apology to the complainant
      
      (d) formal mediation by a professional
      
      (e) verbal or written notice from the appropriate academic administrator requesting specific behavior changes
      
      (f) leave of absence, transfer, demotion, resignation
      
      (g) other measures deemed appropriate for the situation
      
      Any actions at the informal intervention level shall be by agreement between the accused faculty member and the University. If a satisfactory resolution cannot be reached, or if additional complaints are received, a formal hearing can be instigated at the request of the accused faculty member or the University.
      
      RECORDS
      
      The Ombudsman will keep a confidential record of discussions and actions of the preliminary inquiry and informal intervention in a separate file. Information will become part of the accused's official personnel file and academic record if the resolution agreed upon in informal intervention involved actions beyond informal discussions.
      
      If an individual seeks information or clarification about sexual harassment from the Ombudsman or any faculty or administrator, but does not address specific offensive conduct, then no record will be kept or any faculty named.
      
      Throughout this part of the complaint process, the University will be guided by discretion, with information shared on a need-to-know basis only.
      
      PROTECTING COMPLAINANTS AND OTHERS
      
      To the extent practical, the complainant will be informed of steps taken during the resolution process.
      
      Reasonable actions will be taken to insure that complainants and witnesses will suffer no retaliation as a result of their involvement in the process.
      
      PROTECTING THE ACCUSED
      
      In the event that the allegations are not substantiated, reasonable steps may be taken to restore the accused's reputation if it was damaged by the proceedings.
      
      A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to University discipline.
      
      (3) FORMAL HEARING PROCEDURE
      
      
      1. Written Complaint and Formal Hearing
         
         
         1. The case will be heard by the Harassment/Discrimination Committee of the Faculty Assembly. The Ombudsman shall notify the Committee to proceed to hear the complaint. The Ombudsman shall be an ex officio, non-voting member of the Committee, in order to assure that procedures and deadlines are met. The Ombudsman shall not participate in deliberations of the Committee in order to ensure that the Committee bases its decision solely on the evidence received at the hearing.
            
            
         2. The Committee will proceed so that normally the entire formal procedure may be completed within thirty working days from the first date of the formal hearing, giving high priority to the issue and taking into account all important evidence in order to determine if there was a case of sexual harassment. The parties to the formal hearing shall be the Administration (through the appropriate dean, counsel and/or alternate as designated by the President), and the accused faculty member, who may choose to be represented by counsel or another advisor. Each party shall have the right to have an attorney present during the hearing. The investigation shall proceed in such a way as to give a fair hearing to all parties involved; including the following procedures:
            
            
            1. The Committee shall have overall responsibility for the conduct of hearing. This will include the determination of the admissibility and relevance of testimony and evidence. The Administration shall have the burden of proving that the accused engaged in sexual harassment by a preponderance of the evidence.
               
               
            2. The Committee will take reasonable measures to protect the privacy of all those involved in the hearing. To that end, the Committee will direct those appearing before it not to discuss their statements, nor comment on the proceedings outside of the hearing.
               
               
            3. The parties and their advisors/counsel, if any, will be permitted to sit in the meeting during all statements and questioning. Other persons will be permitted to attend only during their own statements and questioning.
               
               
            4. The Administration will be invited to make a brief opening statement to the Committee. Committee members will be permitted to ask questions at the conclusion of this statement.
               
               
            5. The accused faculty member, or their counsel or other advisor if any, will be invited to make a brief opening statement to the Committee. Committee members will be permitted to ask questions at the conclusion of this statement.
               
               
            6. The University Administration (through counsel or appropriate dean or alternate as designated by President) shall have responsibility for presenting the case to the Committee, and may call and question witnesses and submit other relevant evidence.
               
               
            7. The accused, or the accused's counsel/advisor, if any, shall have the opportunity, within reasonable limits, to question these witnesses.
               
               
            8. Upon completion of the Administration's case, the accused or the accused's counsel/advisor, if any, shall present his/her case and may call and question witnesses and submit other relevant evidence.
               
               
            9. The Administration shall have the opportunity, within reasonable limits, to question these witnesses.
               
               
            10. The Committee shall have the right to question any witnesses before the Committee and to secure any additional evidence or information the Committee deems relevant.
            11. Once both parties have presented their cases, the Committee shall meet to deliberate in confidence.
            12. If the Committee requests counsel, the University will provide independent counsel for the Committee.
                
                
            13. Committee members shall be released from their teaching responsibilities so that the hearing may be concluded in a timely manner. All witnesses and participants shall make themselves available to appear at the Committee's request in accordance with the Committee's time table. The University will direct faculty, staff, and/or administrators to appear if requested by the Committee.
            
            
            
         3. The Ombudsman will ensure that a verbatim record of the proceedings is kept. This record will be the exclusive record of the hearing. The Committee's deliberations and notes taken by individual Committee members, however, will be private and confidential. Committee members are responsible for the security of any notes they take.
            
            The parties may not bring their own court reporters or record the hearing. All parties will be given reasonable access to the record of the hearing.
            
            
         4. The Committee's decision will be based solely on the evidence presented at the formal hearing, together with consideration of the parties' oral arguments. Normally, the Committee shall reach and issue a written decision by majority vote not later than ten working days after the hearing.
            
            The decision shall contain the Committee's determination of whether the accused engaged in sexual harassment, and shall include specific findings of fact.
            
            If the Committee finds an incident of sexual harassment, the Committee shall be empowered to propose a sanction that is consistent with the severity of the action. These could range from verbal or written reprimands to recommended suspension from teaching duties, or discharge. The decision shall also include the Committee's recommendation for disciplinary action, if any, to be imposed.
            
            If the Committee should find that a false charge has been brought against a faculty member, the Committee will report to the relevant dean or to the Ombudsman. When there is clear evidence of malicious intent on the part of a complainant to create a situation that constitutes harassment of the accused, the Committee may refer the matter to the appropriate office for appropriate discipline. The confidential records regarding a false or unsubstantiated charge shall not be entered in the accused's personnel file, but will be kept by the Ombudsman.
            
            
         5. The formal procedure, including issuance of the Committee's decision, normally should take no longer than thirty working days from the date the formal hearing begins.
            
      2. Implementation
         
         
         1. The Committee's decision shall be filed with the Ombudsman who shall immediately furnish copies to the parties and to the appropriate supervisors and vice presidents of the parties. The Ombudsman shall furnish a copy of the Committee's decision to any complainant(s) involved in the matter at issue in the formal hearing, with personally identifiable information about other individuals removed. The Ombudsman also shall notify each party of the review process available.
            
            
         2. If disciplinary action is deemed necessary, the Committee will forward its determination and recommendation as to sanctions to the Academic Vice President. The Academic Vice President normally abides by the Committee's recommendation. If there is a disagreement with the recommended sanctions, the Academic Vice President shall specify the reason for the objections and return the matter to the Committee. The Committee will then reconsider and return another recommendation or reaffirm its previous recommendation.
            
            
         3. Any disciplinary action ordered by the Academic Vice President shall be initiated within seven (7) working days after expiration of the deadline for filing an appeal, or within seven working days of the vice president's receipt of the Reviewing Officer's decision if an appeal is filed under the review process. Advice in implementing the decision should be sought from the chair and/or dean and, when necessary, the Assistant Vice President for Human Resources.
            
            
         4. When the decision has been implemented and the appropriate parties notified, the Ombudsman shall retain in a confidential file all records assembled by the Ombudsman pertaining to this matter. A written record of the finding of sexual harassment will be entered into the accused's personnel file unless overruled by the appeal process or a court of law.
      
      
      
   2. Appeal Process
      
      The purpose of this process is to provide the parties an opportunity to have an independent review of a decision from the formal hearing. No review is provided for actions taken during informal intervention.
      
      The Ombudsman for Sexual Harassment (Equal OpportunityOfficer) is the Compliance Officer for this process.
      
      This appeal process should normally be completed within thirty calendar days from the date of the appeal request. If more time is needed, the Ombudsman will notify the appropriate parties in writing of a reasonable time frame for completion.
      
      Any party who believes the formal hearing procedures have been violated or improperly applied, or that the decision and/or sanctions are inappropriate, may appeal to the President as follows:
      
      
      1. The appealing party must submit a written appeal with the Ombudsman within seven working days of receipt by the party of the Academic Vice President's (AVP) decision on the Committee determination and recommendation in the formal hearing procedure. This appeal must specify the error(s) the appealing party believes existed in the process or in the AVP's decision. The appeal may address the Committee's fact-finding, the determination of guilt or innocence, and/or the disciplinary action/sanctions ordered.
         
         
      2. The University President will serve as the Reviewing Officer. Within two working days of receiving the appeal request, the Ombudsman shall notify the President, and the other ("non-appealing") party to the complaint of the appeal. The Ombudsman shall also send the President and the non-appealing party a copy of the appeal.
         
         
      3. The non-appealing party and his or her representative(s) have seven working days after receiving the appeal to file a written response with the Ombudsman, stating the reasons for accepting or rejecting the appeal. If the non-appealing party believes the Harassment/Discrimination Committee's decision contains errors, he or she may cross-appeal; a copy of any cross-appeal will be sent to the appealing party within two working days of its submission.
         
         
      4. The appealing party then has seven working days from receipt of a copy of the cross-appeal to file a written response with the Ombudsman, who will send a copy to non-appealing party within two working days of its receipt.
         
         No further written material may be filed by either party.
         
         
      5. The Ombudsman will send to the President and to both parties the record and decision from the formal hearing, and will schedule a mutually satisfactory date for a hearing before the President. Both parties will attend, and oral argument may be presented by them or their attorneys (or other designated spokespersons). The President may establish time and appearance limitations for the hearing, consistent with the intention that this process is to review existing evidence and not to hear additional evidence. The President may refer the matter back to the Committee for further hearing on new evidence if a reasonable explanation exists for it not having been presented at the formal hearing. The President may ask either party questions that are proper or essential to the review.
         
         
      6. The Ombudsman shall ensure that a verbatim record of the proceedings is kept, and also prepare and retain a brief written summary of the evidence presented. All documentation presented will be retained by the Ombudsman.
         
         
      7. Normally within three working days of receiving the summary, the President will issue a written decision which will affirm, modify, or reverse the Faculty Harassment/Discrimination Committee's decision. The President should briefly state reasons for his decision on the appeal. The President's decision shall be based only on the material received from the formal hearing, together with the material submitted and arguments made in the appeal process, and the decision shall be final.
         
         
      8. The President's decision shall be filed with the Ombudsman, who shall distribute copies to both parties and to the Academic Vice President. The Academic Vice President will implement the President's decision within the time specified in the formal hearing procedure.
         
         
      9. The President's decision is the final recourse within the University.
   
   
   ALTERNATIVE STEPS
   
   Gonzaga University's intention is that through these procedures any complaints will be resolved internally; however, a complaint may be filed with federal or state agencies, such as:
   
   WASHINGTON STATE HUMAN RIGHTS COMMISSION
   Information and Complaints
   1-800 233-3247
   1-800 622-2755 (Spanish)
   
   Washington State Human Rights Commission
   905 Riverside, Suite 416
   Spokane, WA 99201
   (509) 456-4473
   
   U.S. Department of Education
   Office for Civil Rights
   915 Second Avenue, Room 3310
   Seattle, WA 98174
   (206) 220-7880
   TDD (206) 220-7907
   
   U.S. Department of Labor
   Office of Federal Contract Compliance Programs
   1111 Third Ave., Suite 610
   Seattle, WA 98101
   (206) 553-4508
   
   Equal Employment Opportunity Commission
   Federal Office Building
   909 First Avenue, #400
   Seattle, WA 98104
   (206) 669-4000
   
   INDEMNIFICATION
   
   In the event a complainant, charging harassment, brings suit in a court of law against a faculty member who has been found not to have engaged in the alleged harassing behavior through internal procedures outlined in this document, the University shall indemnify said faculty member in accordance with Article VIII of the University By Laws. The foregoing provision shall apply only to instances in which the alleged charges are work-related.
   
   In the event any member of the Harassment/Discrimination Committee is sued over a matter for which the Committee conducted a formal hearing, the University shall indemnify said faculty member in accordance with Article VIII of the University By Laws.
   
   
   [1] A verbal warning and counseling are insufficient responses to continuing sexual harassment. "Counseling is sufficient only as a first resort." To avoid liability, the employer must impose more severe measures. Intlekofer v. Turnage, 59 FEP Cases 929 (9th Cir. 1992).
   
   [2] A verbal warning and counseling are insufficient responses to continuing sexual harassment. "Counseling is sufficient only as a first resort." To avoid liability, the employer must impose more severe measures. Intlekofer v. Turnage, 59 FEP Cases 929 (9th Cir. 1992).