Any person having a complaint under the Institute’s policy on harassment should immediately address the complaint to Human Resources and/or Residential Program management in person or in writing ([email protected]
). If he or she is not satisfied after speaking to Human Resources and/or Residential Program management, that person shall inform the President of the Himalayan Institute in writing of his/her intent to seek formal redress through this grievance procedure, indicating the nature of the complaint. The President will notify the other party involved of the nature of the complaint and will advise that person of the procedure, and his or her right to have an attorney present, as provided below. Within seven business days of receipt of the written complaint, the President will convene the Grievance Committee and provide the chair of the committee with the person’s statement of the complaint. The Grievance Committee is appointed by the Board of Directors of the Himalayan Institute.
In the event that a complaint is brought against any member of the committee, that member shall not sit on the committee for the hearing of the complaint brought against him/her. Nor will anyone bringing a complaint sit on the committee for the hearing of that complaint. The replacement will be determined by the Board of Directors.
At least two business days in advance of the hearing, the Secretary will notify the person filing the complaint and the individual charged with the complaint of:
- the time and place of the hearing
- specification of the nature of the complaint
- the composition of the committee
- the right of the person bringing the complaint and the individual charged to be present when the complaint and evidence are presented to the committee to question and to give evidence on his/her behalf. Both the person bringing the complaint and the person charged may have an attorney present on their behalf to provide them with advice, but their attorney may not speak or otherwise participate in the proceeding. The Grievance committee may also have any attorney present to assist the committee in the conduct of the hearing.
In any hearing, Grievance Committee members may question witnesses to evaluate all of the relevant facts of the given case. This shall not preclude parties to the hearing from questioning witnesses.
All Committee hearings shall be private and witnesses shall be excluded except for the period of their questioning.
Within ten business days following the hearing, the Grievance Committee shall issue its written report and recommendation. including the Committee’s rationale for the decision and any dissenting opinion. Only those committee members who have heard all testimony and evidence of a given case may note on the Committee’s recommendation.
The Grievance Committee’s recommendation is final and may include immediate discharge from employment, and/or expulsion from the program in which he or she is enrolled and/or suspension and termination of the membership rights of the person charged, as well as expulsion from the facilities of the Institute.