General Policy

The Trial Court will provide any employee the opportunity to file a complaint with the Affirmative Action Office alleging a failure of the Trial Court to abide by the policies of this Plan. The Trial Court will investigate and attempt to resolve the complaint informally through the following Resolution Process. Complaints may include such issues as adverse impact, maltreatment or harassment.

The Resolution Process does not preempt statutory or contractual rights. A person who chooses to use the Resolution Process is not precluded from filing a complaint or grievance with other appropriate parties such as the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, or the Union, and shall be informed of the right to do so.

Further, though the following procedure involves filing a written complaint, the Affirmative Action Office encourages personnel to turn to the Office for information or counseling as soon as the need arises. The Office is committed in this way to preventing infractions of policies and to support employees facing difficulties due to any infractions.

The Complaint

Trial Court employees are to direct complaints relating to such issues as recruitment, hiring, transfers, promotions, training, compensation, benefits, discipline, or terminations to the Affirmative Action Officer, or, in the Officer's absence, to a designee. The employee shall file a written complaint with the Officer, who will log the complaint and notify the Legal Department that a complaint has been received.

The Officer will arrange an appointment with the complainant within ten working days of receipt of the initial complaint. The purpose of the meeting is to have the Officer understand the complainant's allegations and desired relief, and to give the Officer the opportunity to describe the complaint investigation procedure more fully.

If the Officer determines that the complaint is one of sexual harassment, the Officer shall advise the complainant of options available under the Trial Court's Sexual Harassment Policy and Procedure. The Officer will give the complainant a copy of that Policy and Procedure.

The Investigation

The Officer shall attempt to resolve the issue which generated the complaint within four weeks of the interview. In this process, the Officer shall privately interview relevant parties, examine appropriate documents, and gather other essential information relevant to the complaint. The individual being interviewed may have a representative of his or her choice at the interview. During this process, the Officer shall maintain confidentiality to the extent possible.

If the complaint has been made against a specific individual, the Officer will meet privately with the individual to discuss the complaint. That individual may respond to the complaint in writing.

All employees are expected to cooperate in any investigation conducted by the Affirmative Action Officer. Witnesses and relevant parties may be asked to sign written statements of their accounts. Should complainants express a desire that witnesses or other relevant parties not be interviewed, they shall sign a statement explaining the desire to waive that part of the investigation.

Conclusion

At the conclusion of the investigation, the Officer shall provide a written summary of findings and any recommendations pursuant to the findings to the complainant, to the person charged with implementing any such recommendations, and to the Legal Department.

Should the complainant, the Affirmative Action Officer, and relevant parties be unable to agree upon the conclusions and recommendations, the complainant may request that the internal process be reviewed by the Executive Director of the Administrative Office of the Trial Court. The Affirmative Action Officer will attempt to provide information on alternatives for relief.