(1) A person who feels harassed, discriminated or retaliated against may initiate the complaint process by filing an incident report with the Senior Human Resources Officer. The employee (complainant) making the complaint may use the complaint form attached to this policy. If a supervisor or manager becomes aware of any Productive Workplace Policy violation, either from personal observation or as a result of an employee coming forward, the supervisor or manager should immediately file an incident report with the Senior Human Resources Officer.

(2) Upon receiving the incident report, the Senior Human Resources Officer will review the complaint with the Tribe’s Legal Counsel and the manager of the department in which the alleged Productive Workplace Policy violation is occurring.

(3) Within five working days of receiving the complaint, the Senior Human Resources Officer will initiate an investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred. At a minimum the Senior Human Resources Officer or other appointed investigator (and, at the Senior Human Resources Officer’s discretion, legal counsel or other management employee), will interview the complainant, the respondent (person allegedly harassed), and any witnesses.

(4) Within 15 business days of receipt of the incident report, or the matter being referred to the Senior Human Resources Officer, the investigator will conclude the investigation and submit a report of his or her findings to the department manager, complainant, and respondent.

(5) If it is determined that a violation of the Productive Workplace Policy has occurred, appropriate disciplinary action against the employee(s) will be taken. The appropriate action will depend on the following factors: