F aculty H andbook 2 0 1 0 - 2 0 1 1 - College of Liberal Arts and ...

Educational Rights and Privacy Act (FERPA). A record of each complaint and subsequent related actions,
including all information required for compliance, will be maintained in the Office of Diversity Services.
When authorized by the President, the appropriate vice president, or the Associate Vice President of Legal
Affairs, the director of Diversity Services will initiate a fact‐finding process and will explore whether Alternative
Dispute Resolution (ADR) could be used to resolve the complaint. Attempts will be made to resolve the
complaint at the lowest level possible and to engage in ADR before initiating the investigative procedures if
appropriate. At the determination of the director of Diversity Services, ADR may also be introduced at other
stages in an investigation if agreed to by both parties to the complaint.
The Office of Diversity Services may, at its discretion, and on the basis of the circumstances of the particular
allegation, appoint a panel of employees to investigate complaints. When constituted, such panels will be
provided with information about the applicable laws and policies and training on the investigative procedures.
The director of Diversity Services or his/her designee will serve as the chair of all investigative panels.
The University reserves the right to charge the Office of Diversity Services with conducting an investigation
of a complaint even when no formal complaint has been filed or when a filed complaint is subsequently
withdrawn by the complainant.
What is Alternative Dispute Resolution
Georgia Southern offers mediation, a form of ADR, as a means of resolving conflicts that are within the
power of the parties to resolve, such as when the facts of the allegation are not in dispute. In mediation, the
two parties negotiate their differences in the presence of a neutral third party who acts as a facilitator.
Mediation is voluntary and agreements reached are binding only by choice of the two parties. Disputing parties
are encouraged to resolve their differences at the level nearest their origin, and in a timely manner. Additional
information about ADR can be obtained from the Department of Human Resources.
Although most cases do not lend themselves to mediation, in those cases that are appropriate for
mediation, the director of Diversity Services, or his/her designee will discuss the possibility of using mediation
with the complainant and the respondent. If both parties agree to mediation and to share confidential
information with the mediator, the director of Diversity Services will contact the director of Human Resources
so that arrangements can be made to initiate the process as per established procedures.
What Happens If ADR is Not Appropriate
In most cases where mediation is not appropriate or does not generate a satisfactory resolution, the director
of Diversity Services will notify the President, the appropriate vice president, or the Associate Vice President of
Legal Affairs of the allegations raised in the complaint within seven business days of the receipt of the
complaint or of the notification of an unsuccessful mediation attempt. The President, vice president, or
Associate Vice President of Legal Affairs will then choose one of the following courses of action:
a. authorize the director of Diversity Services to initiate the investigative procedures;
b. with authorization from the President, conduct his/her own investigation independently of the Office of
Diversity Services; or
c. discuss and resolve the allegation without a formal investigation.
If the President, vice president, or Associate Vice President of Legal Affairs elects the first option, the
director of Diversity Services will begin an investigation within seven business days of that election. In all cases,
the director of Diversity Services, or his/her designee, will serve as a fact finder and will have authority to
recommend, but not initiate or implement disciplinary action.
What are the Investigative Procedures
Upon initiation of the investigative procedures, the complainant will be asked to complete the complaint
form to be signed by the complainant and the director of Diversity Services or his/her designee. A copy of the
completed form will be provided to the complainant. A complainant who is unable to put a complaint in writing
will be assisted in the process by the director of Diversity Services.
The respondent will be notified of the specific nature of the charges, and the applicable state and federal
laws, Board of Regents policies, or university policies he or she is alleged to have violated. The complainant and
the respondent(s) will be interviewed separately by the director of Diversity Services, or his/her designee,
during which time they should present any information that supports their respective positions. The director of
Diversity Services, or his/her designee, may interview other individuals to provide additional information.
Witnesses named by either the respondent or the complainant, and others deemed to have information
relevant to the charges, may be interviewed in the attempt to discover the facts related to the charge.
Following the conclusion of a formal investigation, the director of Diversity Services will prepare a written
report to be forwarded to the President or the appropriate vice president within 30 business days of the