Employee Respondent Rights
Respondents identified in an allegation of sexual misconduct are required to receive a notice of investigation (NOI), offered the opportunity to respond to the allegation, provided resources, offered interim measures if needed, allowed to have a "support person" present with them throughout the investigative and resolution process, provided all information used in the investigation including a copy of the investigative report and provided a notice of the outcome (closure letter). Union covered employees (UFE, PSE, WFSE) have additional rights as part of their collective bargaining agreements (CBA) regarding any proposed discipline.
UFE - Faculty
14.3.4 Faculty members are entitled, at their option, to have UFE representation during any meeting to discuss disciplinary action, or during any investigatory interview conducted by the University that the faculty member reasonably believes may result in discipline of the faculty member. During any such investigatory interview, a participating UFE representative will be given the opportunity to ask questions, offer additional information and counsel the faculty member. The University will notify faculty members before the start of any meeting or interview governed by this Section of the right to UFE representation, and shall permit the faculty member reasonable time to arrange for participation of a UFE representative.
14.3.5 If prior to or during a meeting between the University and a faculty member, the University concludes that discipline could result from the information provided by the faculty member, the meeting shall be designated as a disciplinary meeting by the University. All disciplinary meetings shall be conducted in private.
PSE - Covered Exempt Employees
34.3.2 Representation. Upon request, an Employee has the right to a Union representative at an investigatory interview called by the University if the Employee reasonably believes discipline could result. The Employee shall be permitted a reasonable period of time to arrange for participation of a PSE Staff representative or bargaining unit steward as is appropriate and timely to the situation. The role of the Union representative in regard to University- initiated investigations is to provide assistance and counsel to the Employee and not interfere with the investigation.
34.3.5 Employee Review and Response. The University will provide the Employee and the Union with the written findings reached at the conclusion of an investigation. The Employee will be given an opportunity to submit a written response to the written findings. If requested by the Employee, the University will also schedule a meeting to allow the Employee to respond to any investigation that results in a finding of misconduct. At the conclusion of the investigation, the University will inform the Employee and the Union of its decision in writing.
WFSE - Classified Employees
37.4.2 Upon request, an employee has the right to a Union representative at an investigatory interview called by the University if the employee reasonably believes discipline could re An employee may also have a Union representative at a pre-disciplinary meeting. If the requested representative is not reasonably available, the employee will select another representative who is available. Employees seeking representation are responsible for contacting their representative. If no representative is available, the meeting will be rescheduled.
37.4.3 The role of the Union representative in regard to University-initiated investigations is to provide assistance and counsel to the employee and not interfere with the University’s right to conduct the investigation.
Union covered employees (UFE, PSE, WFSE) regarding discipline
Any union covered employee that receives notice of discipline has the right to use the grievance procedure in their respective CBA to appeal the decision with the Labor Relations Manager.