Draft policy encourages reporting, guides handling of misconduct complaints
October 2, 2018
A draft policy from the University of Alaska that encourages reporting of misconduct
and provides guidelines for how the university will respond to delayed misconduct
complaints was introduced at the September meeting of the UA Board of Regents and
will be considered by the board at its November meeting.
The proposed policy encourages prompt reporting because of the problems that can be
created by delay. But the policy also makes clear that complaints will be assessed
and ongoing impacts will be addressed regardless of when alleged misconduct occurred.
The policy would also establish a three-year window for individuals to bring complaints
forward. During that period, standard processes would be followed to determine whether
to formally investigate. Complaints received outside the three-year window would not
normally be investigated. However, UA would assess and address any ongoing impacts.
In addition, investigation of older complaints could go forward if a specific finding
is made that doing so is in the best interests of the university community. Considerations
would include the ability to provide due process, any ongoing impacts on the safety
and inclusivity of the university environment, as well as impacts on university operations.
The policy does not modify employee reporting and response obligations or the university's
ability to pursue investigations and remedies independent of complaints.
University administration believes this approach provides for appropriate responses
to all types of misconduct complaints, focuses intensive efforts on issues that are
more likely to have ongoing impact and which can more likely be remedied, and ensures
that investigative processes can be fundamentally fair. Though not limited to Title
IX complaints, this approach is consistent with President Johnsen’s discussions with
the Office for Civil Rights regarding UA’s response to Title IX complaints.
The proposed policy is currently under review by UA governance groups and university
leadership. Formal approval of the policy will be considered at the November meeting.
Feedback can be provided via representative governance groups, via the policy feedback form (by Nov. 8) or during board of regents public testimony. To participate in public
testimony, call 1-866-726-0757 between 4 p.m. and 6 p.m. on Monday, Oct. 29.
Read the complete story in The Statewide Voice.