Information for Employees who are Respondents

Please know that reasonable accommodations are available to individuals with disabilities. You may
contact ECRT at any time to request such accommodations, as needed.

 

Things You Should Know..

ECRT is Neutral

ECRT does not take sides. We are committed to providing a fair and unbiased review, and our investigations are focused on the information available. If you have a concern that the ECRT staff member assigned to your case cannot conduct a fair and unbiased review (e.g., has a personal connection with one of the parties or witnesses, etc.), please immediately contact Andrea Berry McDaniel, Interim Director, ECRT at 313-436-9194. The situation will be assessed and a determination made as to whether a different staff member should be assigned to the matter.

 

Support Person/Advisor 

You may bring a support person/advisor with you to any meetings with ECRT. Please let us know in advance if you will be doing so. Examples of a support person/advisor include, but are not limited to: a friend, family member, attorney, etc. If you are a member of a union, you may also bring a union representative with you to any meeting, in addition to your advisor.

 

Protection and Support

Supportive Measures

Supportive measures are individualized services, accommodations, and other assistance that the University offers at no cost. Such measures may include separating the parties or other measures as may be appropriate under the circumstances. Please let us know if you have any need for or concern about supportive measures. You may also request supportive measures through confidential resources, listed under “Resources for Support,” below.

 

Resources for Support

The University offers a variety of supportive services for faculty and staff.
ECRT can provide additional information about resources, as requested.

 

Procedures and Policies

Initiating an Investigation

The first step in an investigation is to gather information about the concerns at issue. This usually involves interviewing the Complainant and also asking them for documentation and names of witnesses, if any. Complainants are strongly encouraged to share all information they have regarding the matter. You are not present during the Complainant’s interview and vice versa. After the interview, ECRT drafts a written statement for the Complainant, who is given three calendar days to review the draft for accuracy and completeness (if the Complainant is participating in the investigation).

 

Interviewing the Respondent

After ECRT understands the nature and scope of the concerns, it contacts you to inform you of the investigation, provide a copy of the policy and investigation procedures, and share general information about the allegations. ECRT also requests to meet with you to provide you the opportunity to respond. During the meeting, ECRT discusses the policy and investigation process and answers any questions you may have about them. ECRT shares information about the allegations to allow you a full and fair opportunity to respond. During this interview, ECRT will ask about the allegations, as well as any documentation and witnesses, and offer you an opportunity to share your response. You are not required to participate in any aspect of the investigation, but you are strongly encouraged to share all information you have regarding the matter. The Complainant is not present during your interview and vice versa. ECRT then drafts a written statement summarizing your interview, and you are given three calendar days to review the draft for accuracy and completeness (if you are participating in the investigation). You may submit any comments you wish to the draft. ECRT reviews all comments and relevant or clarifying information is incorporated into your statement. You may also request that ECRT attach your comments to the investigation report. ECRT can generally accommodate this request.

 

Gathering Other Information

ECRT interviews witnesses and reviews documentation relevant to the matter at issue. Witnesses are offered the opportunity to review their statements for accuracy and completeness. Depending upon the information obtained from witnesses and documents, ECRT may contact the Complainant and/or you with additional questions or to request additional information. Review of preliminary investigation report. If ECRT determines it will produce a written investigation report, both you and the Complainant will typically be provided with a “preliminary report” and given ten calendar days to review and comment upon it. The preliminary report is a written summary of the information ECRT will consider in reaching a decision as to whether University policy was violated. It generally includes the statement of each person interviewed (Complainant, witnesses, and you) and other relevant information, such as documents. The preliminary investigation report does not include a finding. ECRT reviews all comments submitted by the parties, if any, and determines whether the preliminary report should be modified. During the preliminary report review phase, you may request that ECRT attach your comments to the final investigation report. ECRT can generally accommodate this request.

All information or documentation provided by either party or by a witness may be included in the investigation report and shared with the parties and relevant University officials.

 

Investigation Report

After receiving feedback to the preliminary investigation report, or after the feedback deadline passes, ECRT will make a finding. ECRT assesses whether there is sufficient evidence to establish a policy violation. This determination is made using the preponderance of the evidence standard, meaning that to establish a policy violation, the evidence must demonstrate that it is more likely than not that conduct occurred and that conduct violated University policy. ECRT may also find that behavior did not violate University policy but was otherwise inappropriate behavior. ECRT will provide both parties and relevant University administrators with the investigation report.

 

Corrective Action and Remedies

If ECRT finds that a policy violation or other inappropriate behavior has occurred, the Respondent’s supervisor and/or appropriate University administrators will determine appropriate corrective action and remedies. If a Respondent does not agree with the disciplinary action taken, that action may be grieved using the applicable grievance procedure.

 

Retaliation

University policy prohibits retaliation. Complainants, witnesses, and respondents are protected from retaliation for engaging and/or participating in the investigation process. Anybody who experiences retaliation is strongly encouraged to report retaliation to ECRT. Individuals who engage in retaliatory behavior, either directly or through others, are subject to discipline. If you have questions about retaliation, you are strongly encouraged to ask ECRT.

Contact ECRT

1114 - Administration Building
4901 Evergreen Road
Dearborn, MI 48128