Common use of Written Complaint Clause in Contracts

Written Complaint. A student, staff or faculty member who believes the bargaining unit member has a non–employment based complaint of unlawful discrimination or harassment must make a written or oral complaint to the College Complaint Officer within one year of the date of the alleged discrimination or harassment, or within one year from the date on which the complainant knew or should have known of the facts underlying the complaint. A student, staff or faculty member who believes the bargaining unit member has an employment–based complaint of unlawful discrimination or harassment must make a written or oral complaint to the College Complaint Officer within 180 days of the date of the alleged discrimination or harassment, or within 90 days following the expiration of the 180–day period if the complainant first obtained knowledge of the alleged violation after the expiration of the 180 days. If the complainant fails or refuses to file a written complaint, the College Complaint Officer shall ask the complainant for permission to tape record bargaining unit member statement and if permission is not granted, the College Complaint Officer shall make a written record of the complainant’s statement and shall give the complainant an opportunity to sign the statement. Any written record of the complainant’s statement shall be in the form of a report and shall be free of subjective interpretation. All complainants must be made aware that failure to reduce a complaint to writing may be a factor when determining bargaining unit member credibility or the severity of bargaining unit member complaint in an administrative or judicial hearing. The College shall have no obligation to notify the Chancellor’s Office of complaints that have not been placed in writing and signed by the complainant. Any College employee who receives a harassment complaint shall notify the College Complaint Officer immediately.