Investigation and Resolution a. If the complainant chooses to pursue the matter formally then a formal investigation will be undertaken. The complainant must submit a signed, written complaint to trigger the investigation. The complainant will be kept informed of the progress of the investigation and input will be encouraged wherever possible.
Investigation and Resolution. Upon receipt of a formal complaint, and subject to Item 4 above, the Employer and the Union will immediately undertake a comprehensive and objective investigation. The investigation will always include, but not be limited to, interviewing the complainant, the alleged harasser and anyone else who may have pertinent information. The employer will investigate any matters that directly impact on management personnel and report back to the Union. The alleged harasser will be informed of the complaint and will be given an opportunity to respond. The complainant and the alleged harasser, if a member of Local 1518, will have access to representation from the Union at all phases of the investigation and any hearing that may result. If the allegations of harassment or discrimination are found to be proven, a determination of the appropriate action will be made by a senior member of management and if the Union is in disagreement, the matter may proceed to arbitration. Such action may range from a reprimand to termination or other appropriate action in relation to all the circumstances. If the complainant chooses to exercise his/her rights and pursue the issue through the grievance procedure in the Collective agreement, through Human Rights, or any other formal process, while the internal investigation is ongoing, the investigation may cease immediately. If a complaint is found to be without merit, in order to protect the alleged harasser’s reputation, all those individuals who were involved with the investigation will be advised that the complaint was unfounded. A complaint brought under this policy which is determined to be malicious or filed in bad faith may cause the Employer to take disciplinary action against the complainant.
Investigation and Resolution. The City of East Palo Alto will investigate all reported violations of this policy. All employees, volunteers, interns, vendors and contractors, members of the City Council, or members of a City advisory body shall cooperate with any such investigation. Any supervisor, manager department head, member of the City Council, or member of a City advisory body who receives a report of, or who becomes aware of, conduct prohibited by this policy shall promptly report it to the Personnel Officer. Upon receiving the report, the Personnel Officer shall direct any report that accuses a City Council member or appointee to the City Council for investigation and resolution. The City Council shall delegate the responsibility to conduct a prompt, full, and fair investigation to the qualified private investigator. Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate that responsibility to a qualified City employee or private investigator. The person performing the investigation shall: • Interview the complainant, the accused, and any other person the investigator believe to have knowledge relevant to the charges; • Gather and review any documentary, electronic, or physical evidence relevant to the charges; • Consult with legal counsel as needed; • Determine whether the charges can or cannot be substantiated; and • Develop recommendations for appropriate remedial and/or disciplinary action, if any.
Investigation and Resolution. After reviewing the discrimination/harassment complaint, the Director of Personnel shall determine if an investigation is necessary to resolve the issues of the complaint and, if so, authorize and supervise the investigation of the complaint. The complainant will be contacted by the investigator upon the investigator’s receipt of the complaint and will be kept apprised of the status of the investigation. Every effort will be made to conclude the investigation within one hundred and twenty (120) calendar days of receipt of the complaint. The Director of Personnel will not proceed with the investigation of a complaint if the complaint contains no assertion that the alleged acts occurred based on one or more of the nineteen (19) discriminatory bases or if a nexus cannot be established between the alleged act(s) and discrimination based on one of the nineteen (19) protected categories. When the investigation is completed, the Director of Personnel will determine if there is sufficient evidence to substantiate a violation of the City’s Discrimination/Harassment Policy and if remedial action is necessary to resolve the issues of the complaint. The complainant, alleged perpetrator/harasser and department head will be notified of the director’s determination. If discipline is imposed, the discipline will not be communicated to the complainant. If it would present a conflict (or the appearance of such) for the review and investigation of a complaint to be conducted by the Personnel Department, the City Manager will be responsible for this process.
Investigation and Resolution. 1. A victim of harassment may meet with any two of the complaint Officers (one must be a Human Resources representative and one must be from the bargaining unit) to review the complaint procedure, definition of harassment, etc. The complainant will be informed of the alternate courses of action including formal investigation of the complaint or taking no further action if the complainant decides not to proceed.
