Escalation Ladder & Due Process Info.

In the event that any of the above mentioned policies have been violated, please immediately notify the Executive Board.

Resources:

  1. Make sure you are safe and if you are near or know of someone in harm’s way, notify the Executive Board, any CoSR representative, or Executive Director.
  2. Download the Incident Report Form and submit to eboard@uvsamidwest.org and bod@uvsamidwest.org.
  3. The BoD and Eboard will follow due process and keep everyone involved and informed of the process.

To expand on the consequences; after the investigation report is filed and due process is created, guilty parties will be blacklisted which is to be barred as a member of this organization. This includes but is not limited to:

  • Participation in any UVSA-Midwest sponsored event or program
  • Donating directly to the organization or on behalf of the organization in any way
  • Claiming past, current, or future affiliation to UVSA-Midwest in any capacity

The decision to ban this individual only pertains to UVSA-Midwest sponsored events. There is no obligation for member schools or partner organization to uphold our ruling with their own programs and events. However, we strongly urge and encourage that leaders and decision makers have an open and honest discussion internally to decide how they would like to address this current and potentially similar future situations. If the guilty parties are also involved, UVSA-Midwest maintains our right to inform need to know leaders in our community (including but not limited to member organizations and partners such as UNAVSA).

Definitions

  • Due Process: A course of formal proceedings carried out regularly and in accordance with established rules and principles in accords to the most current UVSA-MW Constitution.
  • Principle Routes: UVSA-Midwest Due Process will follow one of the two routes: Objective or Subjective Principle of Jurisdiction. Both principles derive from the location of the Accused’s act(s) and each route will follow its own set of procedures.
    • Subjective Principle Route: Subjective conducts start within the organization’s borders (UVSA-Midwest) and has effect inside the borders. This route will include an investigation including the Accused and Accuse.
    • Objective Principle Route: Objective conducts occur outside of the organization’s borders, yet has effect inside the organization. There is no investigation involving the Complainant, however the Accused must partake in the investigation
  • Probable Cause: Information sufficient to warrant a prudent person’s belief that the accused individual had violated our terms and agreement
  • Investigation Committee: A committee assembled by the UVSA-Midwest Board of Directors and Executive Board which investigates issues related to allegations of harassment towards or by a member or agent of UVSA-Midwest.
  • Investigators: Designees from the Investigation Committee who are responsible for ensuring a fair, open, and thorough scrutiny and review of the incident, background information, and subsequent results. All Investigators are to be approved by all involved Parties.

When Will Due Process Be Used

UVSA-Midwest will use due process when:

  1. An Complainant approaches an internal member of the organization about an incident regarding another person involved with UVSA-Midwest
  2. The organization is informed that an individual has been accused of engaging in an activity or activities that resulted in harm to an organization, group, or individual.

Subjective Due Process Procedures:

  1. Complainant approaches UVSA-Midwest about incident.
  2. If the Complainant wishes to file an incident report, they must understand the full process and consent to it.
  3. Accused is informed that an incident report has been filed.
    1. The Accused will have 72 hours to respond after the first dialogue has been established between the Accused and UVSA-Midwest President. In the event that the Accused does not respond within 72 hours the Accused will be denied the opportunity to provide their accounts/responses
  4. Non-Disclosure Agreement (NDA)  is signed prior to continuing. – The accused must sign the document first
    1. The Accused will have 72 hours to sign the NDA from the time it is sent to their email. In the event that the Accused does not sign within 72 hours the Accused will be denied the opportunity to provide their accounts/responses.
    2. The Complainant will have 72 hours to sign. In the event that the Complainant does not sign within 72 hours, the investigation will cease.
  5. A meeting will be coordinated by the Investigation Committee to take accounts from the Complainant and the Accused – SEPARATELY.
    1. Complainant and Accused will give their separate accounts verbally or in a written form.
    2. Investigators will be given an opportunity to ask follow-up questions for more details and clarification.
    3. Every report of harassment will be investigated promptly and impartially, with every effort to maintain Complainant confidentiality.
  6. The Investigation Committee reviews all information and details. The UVSA-Midwest Executive Board will formulates a verdict (a BOD member will be present in a passive role to oversee).
    1. BOD can give input as well but E-Board only can decide the outcome
    2. The Verdict will be declared by a Majority vote of all current E-Board members
  7. Verbally deliver Verdict – followed up by written e-version of Verdict.
    1. A written version will be permanently stored in UVSA-Midwest records.
  8. Once Verdict is delivered, if guilty (top tier of member org of accused will be informed that they are banned from our organization).
    1. Specific details will not be disclosed, but the member org(s) will be informed that the individual has been banned from our organization because they have posed a threat/danger to others and it was in our best interest

Objective Due Process Procedure:

  1. There has been Probable Cause that the accused has violated our terms and agreement
    1. Probable cause:Information sufficient to warrant a prudent person’s belief that the accused individual had violated our terms and agreement
  2. Accused is informed that there is probable cause that they have violated our terms and agreement
    1. The Accused will have 72 hours to respond after the first dialogue has been established between the Accused and UVSA-Midwest President. In the event that the Accused does not respond within 72 hours the Accused will be denied the opportunity to provide their accounts/responses
  3. Non-Disclosure Agreement (NDA)  is signed prior to continuing. – The accused must sign the document first
    1. The Accused will have 72 hours to sign the NDA from the time it is sent to their email. In the event that the Accused does not sign within 72 hours the Accused will be denied the opportunity to provide their accounts/responses.
  4. A meeting will be coordinated by the Investigation Committee to take accounts/gather evidence from the source of the probable cause and the Accused – SEPARATELY.
    1. The Accused will give their separate accounts verbally or in a written form.
    2. Investigators will be given an opportunity to ask follow-up questions for more details and clarification..
  5. The Investigation Committee reviews all information and details. The UVSA-Midwest Executive Board will formulates a verdict (a BOD member will be present in a passive role to oversee).
    1. BOD can give input as well but E-Board only can decide the outcome
    2. The Verdict will be declared by a Majority vote of all current E-Board members
  6. Verbally deliver Verdict – followed up by written e-version of Verdict.
    1. A written version will be permanently stored in UVSA-Midwest records.
  7. Once Verdict is delivered, if guilty (top tier of member org of accused will be informed that they are banned from our organization).
    1. Specific details will not be disclosed, but the member org(s) will be informed that the individual has been banned from our organization because they have violated our expressed community guidelines and policies (Safe Community Initiative). As per our zero-tolerance policy and commitment to this initiative, we have taken appropriate action to maintain our Safe Community.

Possible Repercussions (but not limited to)

  • Blacklist: To be barred as a member of this organization. This includes but is not limited to.
  • Participation in UVSA-MW sponsored events
    • Donating directly to the organization or on behalf of the organization in any way
    • Acting as a former or current agent or representative of UVSA-Midwest in anyway
    • Being on UVSA-MW’s internal staff or staff for any UVSA-Midwest program/event.

The Appeal Process

**to be developed