(Casual Hire) Hearing Officer/Decision Maker & Investigator

Description

****Applicants seeking short-term or part-time work with the University Hawai'i may apply for Casual Hire positions, which include administrative, professional, and technical (APT) or instructional-type positions. Because of the temporary nature of these appointments, Casual Hire employees are not eligible for most benefits as provided to regular BOR and Civil Service employees such as paid leave and holidays. Casual Hire appointments may last for up to 89 days for full-time employees, and up to 1 calendar year for part-time employees.
Title: Hearing Officer/Decision Maker & Investigator
Position Number: ****Casual Hire
Hiring Unit: VP for Administration, Office of Equity Assurance
Location: Honolulu (Manoa)
Date Posted: April 25, 2023
Closing Date: May 10, 2023, 11:59 pm HST
Salary Range: $50/hour
Work Schedule: Monday to Friday, up to 40 hours/week
Temporary/Permanent: Temporary
Funding: General
Other Conditions: Positions to start as soon as possible. May be renewed dependent upon departmental needs and availability of funds.
DUTIES AND RESPONSIBILITIES:
1. Generally:

1. Serves various personnel capacities including as an Investigator and Hearing Officer/Decision Maker, as assigned by the UH System Office of Institutional Equity, emphasizing that an individual cannot serve as a Hearing Officer/Decision Maker and Investigator in the same case;
2. Applies perceptive judgment and problem-solving abilities in managing unique cases that are technically complex and concern potentially sensitive matters;
3. Impartially upholds the integrity of the investigative and decision-making process, and ensures there is no personal bias and conflict of interest for or against any party involved in the reported incident(s), before proceeding with duties assigned in each case;
4. Understands and follows established University policies and procedures as applicable to any assigned cases, including but not limited to those related to Title VII, Title IX and sex discrimination and any other related institutional responses.;
5. Remains knowledgeable of current Civil Rights, Title IX, Clery, EEO, and VAWA requirements; state and federal law, regulations, and guidance; and trends in the field of higher education related to harassment and other discriminatory practices that violate federal law;
6. Ensures investigation and hearings processes comply with federal and state laws and University policies and procedures;
7. Other duties as assigned.

2. As a Hearing Officer/Decision Maker:

1. Develops a hearing plan for complaints in accordance with University policy, including but not limited to Title IX hearing requirements.
2. Decision making process includes overseeing and conducting live hearing proceedings for eligible Title IX cases; making relevancy determinations prior to questions being answered in cross-examinations at live hearing proceedings and providing reasoning for the determinations; ensuring timely and equitable communication with all parties involved; analyzing relevant evidence and findings of fact to make determinations of Respondent party's responsibility for alleged misconduct under the University's relevant policy and to issue appropriate sanctions and remedies; reviewing procedural steps taken from the receipt of the complaint through the determination and determining compliance with requirements under the University's relevant process; and issuing a written determination simultaneously to both parties.
3. Conducts and manages prompt, impartial and thorough live hearings for the University of Hawaii in areas of employee and student misconduct relating to discrimination based on sex,sexual misconduct, and other related policy violations.
4. Writes expert analytical determinations for each case assigned that include findings of responsibility and sanctions that demonstrate sound, balanced reasoning and application of the University's policy to the facts; clear articulation of facts, supporting evidence; and knowledge of applicable policies, rules, laws, and procedures.
5. Issues timely written determination for each case assigned, which includes findings of responsibility for each policy at issues, and sanctions, to all parties simultaneously, upon the conclusion of a hearing.
6. Appropriately communicates and corresponds with reporting parties, responding parties, witnesses, advocacy and support offices, general counsel's office, and others involved with respect to the decision-making process and status of adjudication.

3. As an Investigator:

1. Develops an investigator plan for complaints in accordance with University policy and recognized standards in the employment and compliance arena.
2. Investigative process includes analyzing the complaint or allegations to identify pertinent issues and scope and direction of the investigation; timely communication with all parties involved; identifying witnesses; conducting interviews; gathering, securing and analyzing relevant documentation and information that may be helpful in bringing matter to resolution; and establishing the accuracy and authenticity of evidence.
3. Conducts and manages prompt, impartial and thorough investigations for the University of Hawaii in areas of employee and student misconduct relating to discrimination based on sex and sexual misconduct, and other related University policies.
4. Writes expert analytical fact-finding reports that demonstrate sound, balanced reasoning; clear articulation of facts and supporting evidence; and knowledge of applicable policies, rules, laws, and procedures.
5. Counsels employees & students who have concerns; mediates/facilitates resolution of informal complaints & provides guidance to individuals with respect to access to other resources as necessary.
6. Appropriately communicates and corresponds with reporting parties, responding parties, witnesses, advocacy and support offices, general counsel's office, and others involved with respect to the investigative process and status of investigations.

4. As an Advisor:

1. Understands and follows established University policies and procedures as applicable to any assigned cases, including but not limited to those related to Title VII, Title IX and sex discrimination and any other related institutional responses;
2. Appropriately counsels and provides guidance and information to students, faculty, or staff who are Complainants or Respondents in Title IX live hearing proceedings;
3. Assists participants in understanding the relevant University policies and in navigating the administrative process;
4. Reviews documents and helps prepare the participant for proceedings, including appropriately communicating to the party the potential impact of various choices and outcomes;
5. Accompanies participant to meetings, interviews, administrative procedures, appeals, and/or other related proceedings as needed;
6. Assists the participant at the hearing phase of the proceeding and provides guidance on the direct and cross-examination of parties, investigators, and witnesses;
7. Assists the participant in preparing a written response to the fact-finding report, should the party choose to submit one;
8. Demonstrates an understanding and adherence to the rules of the administrative process, including applicable rules of decorum.

MINIMUM QUALIFICATIONS:

1. Possession of a baccalaureate degree in Business Administration, Education, Human Resources, Social Sciences or related field and 3 year(s) of progressively responsible professional experience with responsibilities for employee or student misconduct investigations, Title IX programs, EEO programs, Human Resources, litigation or related; or equivalent education/training or experience which provides the required education, knowledge, skills, and abilities as indicated
2. Considerable working knowledge of principles, practices and techniques in the area of adjudication or investigation as demonstrated by the broad knowledge of the full range of pertinent standard and evolving concepts, principles and methodologies.
3. Considerable working knowledge and understanding of applicable federal and state laws, rules, regulations and theories and systems associated with equal opportunity, civil rights, human resources, adjudication or related.
4. Demonstrated ability to resolve wide ranging complex problems through the use of creative reasoning and logic to accurately determine the cause of the problems and the resolution of the problems in an effective, innovative and timely manner.
5. Demonstrated ability to interpret and present information and ideas clearly and accurately in writing, verbally and by preparation of reports and other materials.
6. Demonstrated ability to establish and maintain effective working relationships with internal and external organizations, groups, team leaders and members, and individuals.
7. Demonstrated ability to operate a personal computer and apply word processing software.
8. Demonstrated ability to remain neutral while adjudicating cases or conducting investigations and to work under multiple deadlines and sensitive timelines.
9. Commitment to the principles and practices of civil rights and diversity programs.
10. Demonstrated ability to maintain privacy and confidentiality to the extent practicable, to exercise tact, discretion and good judgment.
    1. Demonstrates a comprehensive understanding of the definition of "sexual harassment" contained in Updated Title IX Regulations effective August 14, 2020 and how the threshold of this definition is met according to contemporary jurisprudence;
    2. Demonstrates a comprehensive understanding of due process in higher education investigative and adjudicatory processes;
11. Ability to travel independently in a timely and efficient manner to various locations on Oahu and statewide, and to work irregular hours if necessary.

DESIRABLE QUALIFICATIONS:

1. Graduation from an accredited law school with experience in employment law or related.
2. Title IX and/or other employment-related Decision Maker and Investigator training and certification.
3. Experience in a post-secondary educational institution that demonstrates knowledge of Title IX, Title VII, and other civil rights state and federal laws.
4. Nuanced understanding of the dynamics of gender-based violence, including but not limited to: intimate partner violence, stalking, sexual harassment, sexual assault and the concept of "power and control."
5. Experience working with survivors of sexual or domestic violence in a culturally-sensitive and trauma-informed manner.

To Apply:
Click on the "Apply" button on the top right corner of the screen to complete an application and attach required documents. Applicant must submit the following: (1) resume; (2) cover letter indicating interest in the position and how the minimum and desirable qualifications of the position are met; (3) the names and contact information (telephone number and email addresses) of at least three professional references. Note: If you have not applied for a position before using NeoGov, you will need to create an account.
Inquiries:
Jill Chun; 808-956-3963; systempo@hawaii.edu
EEO/AA, Clery Act, ADA
The University of Hawai'i is an Equal Opportunity/Affirmative Action Institution and is committed to a policy of nondiscrimination on the basis of race, sex, gender identity and expression, age, religion, color, national origin, ancestry, citizenship, disability, genetic information, marital status, breastfeeding, income assignment for child support, arrest and court record (except as permissible under State law), sexual orientation, domestic or sexual violence victim status, national guard absence, or status as a covered veteran. For more information or inquiries regarding these policies, please refer to the following link: http://www.hawaii.edu/offices/eeo/eeo-coordinators/.
Employment is contingent on satisfying employment eligibility verification requirements of the Immigration Reform and Control Act of 1986; reference checks of previous employers; and for certain positions, criminal history record checks.
In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, annual campus crime statistics for the University of Hawai'i may be viewed at: https://www.hawaii.edu/titleix/help/campus-security/, or a paper copy may be obtained upon request from the respective UH Campus Security or Administrative Services Office.
Accommodation Request: The University of Hawai'i complies with the provisions of the Americans with Disabilities Act (ADA). Applicants requiring a reasonable accommodation for any part of the application and hiring process should contact the EEO coordinator directly. Determination on requests for reasonable accommodation will be made on a case-by-case basis. For further information, please refer to the following link: https://www.hawaii.edu/offices/eeo/accommodation-request/.