9.325.040 Process | WSSC Code of Regulations

9.325.040 Process.

(i) An individual who has witnessed a violation of these policies shall file a complaint.

(ii) An individual may file the complaint anonymously.

(i) Except as provided in subsection (a)(2)(ii) of this section, an individual alleging discrimination, harassment, failure to accommodate or retaliation shall file a complaint with the EEO Officer.

(ii) An individual alleging discrimination, harassment, failure to accommodate or retaliation by the EEO Officer shall file a complaint with the General Manager/CEO’s Office.

(3) A complaint that does not allege discrimination, harassment, failure to accommodate or retaliation may be referred to the Human Resources Office, the Office of the Inspector General, or other appropriate office for resolution.

(i) A complainant may file the complaint verbally or in writing.

(ii) If a complainant files a complaint verbally, the EEO Officer may require the complainant to reduce the complaint to writing.

(iii) The EEO Officer may require a complainant to complete the internal EEO complaint form.

(5) The complainant shall file an EEO complaint as soon as possible, but no later than 180 calendar days after the alleged act or acts that gave rise to the complaint.

(1) Except as provided in subsection (b)(2) of this section, information related to a complaint and investigation shall be confidential.

(2) Limited information related to a complaint may be shared with individuals directly involved in the complaint, investigation, or resolution of the complaint.

(1) Any Supervisor or Manager who is the recipient of an EEO complaint shall document receipt of the complaint and any relevant information which may include:

(i) The date and substance of the complaint;

(ii) Names of the parties to the complaint;

(iii) Names of any other individuals involved;

(iv) The requested remedy.

(i) The Supervisor or Manager who is the recipient of an EEO complaint shall provide written notice to the EEO Officer of the complaint as soon as possible but no later than 72 hours after receipt.

(ii) A Supervisor or Manager who is in receipt of an EEO complaint but does not provide written notice to the EEO Officer may be subject to discipline.

(i) In cases where the EEO complaint is against or involves the EEO Officer, the complaint shall be forwarded by the Supervisor or Manager to the General Manager/CEO for intake, investigation, and resolution.

(ii) The General Manager/CEO shall consult with the General Counsel’s Office on the intake, investigation, and resolution of a complaint involving the EEO Officer.

(1) The EEO Officer may attempt to resolve the complaint within seven business days through discussion or mediation with the Supervisor, the complainant, and the alleged offender.

(2) If the complaint is not resolved through discussion or mediation within seven business days of the complaint, the complainant shall complete an internal complaint intake form if not already completed.

(i) The EEO Officer shall conduct an investigation.

(ii) An investigation may be terminated by the General Counsel if the complainant has also filed a complaint with a federal or state enforcement agency or has filed a civil action in court alleging the same or related violations.

(iii) The EEO Officer shall completely investigate the complaint and may:

1. Interview the complainant, accused employees, or other relevant witnesses;

2. Review relevant documents and procedures; and

3. Utilize witness statements or documents from a prior investigation to supplement or expedite an investigation when the same persons or allegations are involved so long as doing so will not compromise the completeness of the current investigation.

(iv) Employees shall cooperate with requests made by the EEO Officer in the course of the investigation.

(v) The EEO Officer shall make reasonable efforts to complete the investigation within 45 calendar days.

(4) After the investigation is complete, the EEO Officer shall make written findings of fact and conclusions as to whether WSSC policies were violated.

(5) The EEO Officer’s findings are confidential.

(6) The EEO Officer shall give the complainant a notice of conclusion.

(7) The EEO Officer may recommend mediation at any time during the investigation.

(1) A complainant who disagrees with the findings or conclusions contained in the notice of conclusion may file an appeal before the EEO Appeals Board.

(i) Except as provided in subsection (e)(6) of this section, if the EEO investigation results in an oral or written warning or the accused employee is subject to a collective bargaining agreement, the accused employee may file an appeal before the EEO Appeals Board.

(ii) Except as provided in subsection (e)(6) of this section, if the EEO investigation results in suspension or release, the accused employee may file an appeal according to WSSC Chapter 9.120, Procedures for Appealing Disciplinary Action.

(3) An appeal shall:

(i) Be submitted in writing to the EEO Officer within five business days of the date of notification of the notice of conclusions; and

(ii) Identify probative evidence that was overlooked, omitted, or was otherwise unavailable at the time of the investigation; or

(iii) Allege the investigative report contains material mistakes of facts.

(i) The EEO Appeals Board shall be selected by the General Manager/CEO and shall include a Deputy General Manager, the Human Resources Director, and a Department Head.

(ii) Members of the Appeals Board may not be in the complainant’s chain of command.

(iii) If any member of the EEO Appeals Board is involved in the facts underlying the complaint, or is otherwise unavailable, the General Manager/CEO shall designate a substitute.

(i) The EEO Appeals Board shall hold an informal hearing prior to making a decision on the appeal.

(ii) The appealing party shall be notified in writing of the date, time and place of the hearing.

(iii) The EEO Appeals Board shall issue a written decision on the appeal within 30 calendar days after the conclusion of the hearing.

(iv) The Appeals Board may:

1. Remand the appeal for further consideration; or

2. Uphold the notice of conclusion.

(v) If the Appeals Board upholds the notice of conclusion, the Appeals Board decision is the final WSSC decision.

(i) In this subsection, “direct reports” means direct commission reports, direct General Manager/CEO reports and direct Deputy General Manager reports.

(ii) Direct reports may file an appeal.

(iii) The appeal shall be heard by a Hearing Officer selected by the General Counsel in consultation with the EEO Officer.

1. The Hearing Officer shall hold an informal hearing prior to deciding the appeal.

2. The appealing party shall be notified in writing of the date, time and place of the hearing.

(v) Within 30 calendar days after the hearing, by written decision the Hearing Officer may:

1. Remand the appeal for further consideration; or

2. Uphold the notice of conclusion.

(vi) If the Hearing Officer upholds the notice of conclusion, the Hearing Officer’s decision is the final WSSC decision. (Document dated September 1, 2020)