Grievance

Unified Grievance Policy Link

Chattanooga DSA Specific Grievance Policy

In our bylaws: Article V, Section 7: Harassment & Grievance Policy and Officers

Local Chapter members who believe they have been harassed by another member may follow the complaint process as defined in this Article. There shall be no limit on the time period in which an accuser may file a report after alleged harassment has occurred. Harassment does not encompass all prohibited and unacceptable behavior outlined in these Bylaws; therefore, other remedies may be available to members of the Local Chapter outside of the scope of this Article to resolve breaches of conduct outlined in Article III section 2.

Section 1. Recusal

Harassment and Grievance Officers (“HGOs”) or Steering Committee members shall recuse themselves from any grievance process in which they are the accuser or the accused.

Section 2. Reporting Guidelines

Anyone who is subject to, or witnesses any unacceptable conduct, should report that conduct to a chapter HGO or Steering Committee member. 

HGOs can be contacted at chattanoogadsahgo@gmail.com. To submit a harassment grievance, please use the harassment grievance reporting form (full link: Chattanooga DSA Harassment Grievance Fill-Out Document).

Upon receipt of report, the Local Chapter officer has a duty to inform the Steering Committee with all necessary information and due haste.  

The HGO or Steering Committee will determine whether the conduct rises to a potential violation of the Unified Grievance Policy, and if so, can assist with filing a grievance for a potential violation of DSA’s harassment policy.

Members who wish to file a formal complaint shall contact one or both Local Chapter HGOs by an email address that shall only be accessible by the HGOs to function as a confidential reporting “hotline” for this purpose.

After a written report has been submitted, whether through the email hotline or otherwise:

  1. The HGO(s) responsible for the reporting channel used by the accuser will contact the accused member within seven days to notify them that a report has been filed against them and request a written response to the report either affirming or denying its substance;
  2. The accused will submit their written response within seven days of being notified. If the accused does not meet this deadline, the HGO(s) will recommend the Steering Committee move to take appropriate disciplinary action;
  3. If the accused denies the substance of the report, the HGO(s) overseeing the dispute will have the option to investigate the report by:
    1. Interviewing other members with direct knowledge of the substance of the report;
    2. Requesting documentation from either the accuser or accused or any other parties directly involved; or
    3. Employing any and all other means deemed necessary, with the utmost respect for the confidentiality of the parties, within a time period not to exceed ten days.
  4. If necessary, HGO(s) may recommend that parties do not contact each other for the duration of the investigative process.
  5. The HGO(s) responsible for adjudicating the dispute will determine whether the report is credible and, if necessary, make a recommendation to the Steering Committee of appropriate disciplinary action as soon as practicable, but ultimately within thirty days of the report being filed. This is to ensure the timely, efficient, accurate, and discreet adjudication of all reports. The HGO(s) may notify the Steering Committee of the accuser’s report and its substance at any time after the report is filed, but must give written notice to both the accuser and the accused member before doing so.

Section 3. Remedies and Penalties

Subsection 1. Determinations

All reports shall be assessed on a case-by-case basis by the HGO(s) and the Steering Committee. The ultimate disposition of each report shall be made by the Steering Committee after that body reviews the written report and recommendation of the HGO(s).

Subsection 2. Standard for Determining Credibility of Reports

The Steering Committee shall find the factual allegation in a report is “credible” if it more-likely-than-not occurred.

Subsection 3. Remedies and Penalties

If the Steering Committee finds the report to be credible, they are authorized to carry out the following remedies and penalties:

  1. A formal discussion between the accused and the Steering Committee to develop a plan to change the harassing behavior(s);
  2. Suspension from committee meetings and other Local Chapter or organizational events;
  3. Removal from Local Chapter governance structures and committees;
  4. Removal from the Local Chapter in accordance with Article III and IV of these Bylaws; and
  5. Any and all other relief deemed necessary and just by the Steering Committee.

The appropriate form of relief will be determined by, among other things:

  1. The request of the accuser;
  2. The severity of the offense;
  3. The response of the accused; and
  4. The accused’s relevant behavioral histories.

Section 4. Appeals

Either party may appeal the form of relief determined by the Steering Committee to the National DSA Harassment Grievance Officer(s). Appeals must be filed within thirty (30) days of receiving written notice of the Steering Committee’s decision.

The limited grounds for appeal are:

  1. Either party believes the behavior was not interpreted using the standards for harassment set out in the national DSA Unified Grievance Policy;
  2. Procedural errors, misconduct, or conflicts of interest affected the fairness of the outcome; and
  3. The remedy or penalty determined by the Steering Committee was grossly disproportionate to the violation committed.

Section 5. Retaliation

This policy prohibits retaliation against any member for bringing a complaint of harassment pursuant to this policy. This policy also prohibits retaliation against a person who assists someone with a complaint of harassment, or participates in any manner in an investigation or resolution of a complaint of discrimination or harassment. Retaliatory behaviors include threats, intimidation, reprisals, and/or adverse actions related to organizing. If any party to the complaint believes there has been retaliation, they may inform the HGO(s) who will determine whether to factor the retaliation into the original complaint or to treat it as a separate incident.

Section 6. Harassment and Grievance Officers (“HGOs”)

Harassment and Grievance Officers must be DSA members in good standing and must not be under current investigation for any charges within the organization. HGOs shall not identify identically along sex, gender, race & sexuality, with the intention of lifting the voices of marginalized communities into positions of power. HGOs may not hold any other elected positions within the organization. HGOs shall be appointed by the Steering Committee by unanimous vote.

HGOs shall have the following duties:

  1. Receive, acknowledge receipt of, and archive accuser reports;
  2. Contact the accused to notify them of the accusations, request their written response, and archive any written response;
  3. Conduct any necessary investigation of the claim; and
  4. Present their findings to the Coordinating Committee with a written report and, if appropriate, a recommendation for disciplinary action.
  5. Recommend, where appropriate, that parties do not contact each other for the duration of the investigative process.
  6. Compile a yearly report that details:
    • a. How many reports were made
    • b. How many were taken to the disciplinary process
    • c. How many disciplinary actions were taken
    • d. Any recommended changes for making the reporting system more effective
    • e. This report will not include personally identifying information of any parties in any dispute.
    • f. The local HGOs will send the yearly report to the national HGO(s) no later than January 1 of the following year.
  7. Respect and maintain the confidentiality of any party that requests it, for any matter or information for which they request it. This shall not be construed to prevent the publication of the name of an accused member in the ordinary course of the grievance process, once a formal written grievance has been filed.
  8. Conduct training with the focus of preventing harassment within the Local Chapter and the harassment and grievance policies in existence, including this Article. It is required that this training take place at least once per year.

Section 7. Grievances Against and Removal of Harassment and Grievance Officers

Subsection 1. Grievances Against HGOs

In the event that a member wishes to report the conduct of a serving HGO, they may report such behavior to the other Local HGO or the National HGO, at their discretion. The accused HGO may neither participate nor access information related to the grievance filed against them, except as provided by this Article for the accused party of any investigation.

Subsection 2. Removal of HGOs

The office of the Harassment and Grievance Officer is critical to the maintenance of an organizing space that is free from hostility and that abides by the principles, policies, and Bylaws of the Local Chapter. The HGO has a special duty of good faith, duty of loyalty, and duty of care to the Local Chapter and its members. 

Any HGO who demonstrates, during the course of their term as HGO, documented behavior that breaches trust and/or is not consistent with the standards set forth in these Bylaws, shall be considered to have vacated the office of HGO. The Steering Committee shall notify the member vacating the office of HGO in writing of their documented behavior, and the position of HGO which that member held shall be considered vacated upon receipt of said notification. Any member who has been removed as HGO or vacates in a manner in accordance with this Subsection, shall be considered suspended and have their behavior reviewed by the acting steering committee as referenced in Article III section 2 of our bylaws. Expulsion from the Local Chapter shall be considered an appropriate remedy should the behavior rise to a reasonable threshold of unacceptability.