Reporting an incident or participating in a sexual misconduct resolution procedure as a complainant or a respondent can be intimidating. This section of the website aims to make the process of reporting an incident or participating in a resolution procedure less intimidating by explaining what to expect when you make a complaint or are the respondent to a complaint, and what to expect at each stage of an AJS informal or formal procedure. If you have any questions, please contact the OSM chair, OSM secretary, an Ombud, the AJS President, or Executive Director.
Reporting an incident is best understood as an initial conversation that allows you to discuss your options and access resources without committing to any course of action. Whether you have experienced or witnessed an incident or behavior, you can begin the process of making a report to the AJS by contacting any of the OSM reporting members:
Ombuds are often the first point of contact, but you can also contact the OSM chair or the OSM secretary with initial questions. In addition, the AJS President, or the AJS Executive Director can be contacted to begin the reporting process. These reporting options are not mutually exclusive. You can pursue any or all of them as you wish. It is not necessary to provide details in order to have a conversation with a reporting member about inappropriate behavior or to learn about the available resolution options.
Contact a Reporting Member of the AJS OSMReporting Members of the AJS OSM (usually the Ombuds but also the OSM chair and secretary) as well as the AJS President and Executive Director will help you find answers your questions about the AJS informal and formal complaint processes and procedures, and learn about the options available to you.
If you contact an AJS OSM reporting member, you can expect to:
Working with the AJS OSM does not prohibit you from reaching out and working with the Title IX office of an educational institution or with law enforcement.
Please note that AJS OSM reporting members observe strict confidentiality with respect to the information they receive about a complaint. However, the OSM may not be able to preserve the confidentiality of its records in the event of litigation. Confidential communications with AJS officials, including the Ombuds, are subject to legal discovery.
Reporting members can let you know whether certain behaviors may fall under the AJS sexual misconduct policy and help you address any immediate concerns regarding your safety or well-being.
While you may contact any AJS OSM reporting member to seek information about the AJS sexual misconduct policy and resolution procedures, Ombuds are often the best first point of contact and can provide the most detailed information and specific assistance.
An Ombud will listen to you share as much as you want to about issues and experiences of sexual misconduct and the AJS. The Ombud will try to be responsive and supportive and will provide information about resources and resolution options within the AJS, specifically the informal and formal complaint procedures. It is not necessary to provide details in order to have a conversation with an Ombud about the available resolution options. The Ombud will remain neutral and will not advocate any particular course of action. Should you choose an informal procedure or resolution process, the Ombud will work with you to implement that process.
Should you choose an informal procedure or resolution process, the Ombud will work with you to implement that process.
Informal processes and resolution procedures are typically handled by an Ombud and/or the OSM chair and secretary depending on the procedure. Once any immediate concerns are addressed, the Ombud will discuss strategies and accommodations available to you to resolve any ongoing concerns. The Ombud will help you evaluate measures to enable you to continue your professional and educational activities in the context of the AJS.
There are three informal options that the Ombud can facilitate: archiving, accommodation, and mediation (the latter is conducted by the OSM chair assisted by the secretary and in consultation with the reporting Ombud where relevant). The respondent would be notified only in the case of mediation.
You may be uncertain or undecided about how to proceed. You may not wish to request an accommodation or take any action on a complaint, but you may be concerned about the possibility of a further incident. In such a situation, archiving a complaint may be an appropriate step, offering a measure of reassurance and protection without foreclosing options in the future. If so, the Ombud can archive the complaint for you. The respondent will not be notified and the complaint will not be acted upon without your consent. Some respondents in some situations find that archiving a complaint provides an appropriate level of reassurance and protection.
Note: an archived complaint is a recorded statement of an allegation and as such is part of the OSM’s records. No archived complaint will be acted upon without your consent. No archived complaint will be taken into account as evidence by the OSM when adjudicating another complaint against the same respondent without your written consent and you would be notified that the respondent would learn the contents of the complaint and your identity. Archived complaints may also be taken into account in determining appropriate remedial measures in another complaint.
In addition to archiving, the Ombud can work with the OSM chair and secretary to provide accommodating measures that are responsive to your needs as appropriate and reasonably possible (such as requesting of AJS staff that you and the respondent not be assigned to the same conference panel or requesting of AJS Review editors that your submitted article not be sent to the respondent for review). The respondent is not notified by the OSM of the request for accommodation or the nature of any approved accommodation. You may prefer accommodation if you do not wish to confront the respondent but also do not wish to be restricted in your ability to enjoy the benefits of AJS membership (participation in the conference and other AJS programs and activities) due to the inappropriate behavior of another member or affiliate.
If you submit an informal complaint, you will also be offered the option of informal mediation conducted by the chair of the OSM (assisted by the secretary and in consultation with the reporting Ombud where relevant). You might opt for mediation because you want an inappropriate behavior to stop but for one reason or another are unable to successfully communicate that request to the respondent without assistance. Mediation typically begins with the OSM chair having a conversation with the respondent about their behavior and its impacts. This means that the respondent will be notified of your complaint and your identity by the OSM secretary (in coordination with the AJS Executive Director). The respondent is given the opportunity to offer a written response within 7 days. The OSM chair will discuss the complaint separately with both parties (who will not meet face to face) and determine whether a mutually acceptable resolution is possible.
The OSM will not be able to engage in informal mediation unless you are willing to reveal the complaint (including your identity) to the respondent, the OSM chair and secretary. If you do not want the respondent to know of the complaint mediation is not the right solution. You should consider archiving or accommodation. The AJS procedures require that there be no direct or indirect contact between the parties for the duration of the mediation process.
You will be informed that participation in an informal resolution is voluntary and that you may end the informal process at any time and bring a formal complaint, or not pursue the matter further. In some cases, such as allegations of violence, the AJS may be required to report the misconduct to law enforcement, even if you choose not to pursue the matter further within the AJS.
Note: Ombuds do not conduct formal hearings nor do they directly impose penalties. In cases of sexual misconduct, penalties can be imposed only through the formal complaint process.
The secretary of the AJS OSM will notify you if you are the subject of an informal complaint and will provide information about the AJS’s informal resolution process of mediation. The secretary will be available to you throughout the informal resolution process of mediation to answer any questions you might have.
Mediation typically begins with the OSM chair having a conversation with you about the behavior described in the complaint and its impacts on the complainant. You will be notified of the complainant’s identity. You will be given the opportunity to offer a written response within 7 days. The OSM chair will discuss the complaint separately with both parties (who will not meet face to face) and determine whether a mutually acceptable resolution is possible.
The AJS procedures require that there be no direct or indirect contact between the parties for the duration of the mediation process. In some cases, a no-contact requirement may be continued even after the conclusion of a process of mediation. A violation of the no-contact requirement may result in disciplinary action. In addition, retaliation against any person who participates in an informal procedure is a violation of the AJS Sexual Misconduct policy and may result in disciplinary action.
Penalties for violations of the AJS sexual misconduct policy can be imposed only through the formal complaint process. Formal complaints are received by the OSM secretary and heard by a panel consisting of the OSM chair and four core Office members. All formal hearings are attended by the OSM secretary.
A reporting member of the AJS OSM (an Ombud, the OSM chair, the OSM secretary) as well as the AJS President or Executive Director can provide general information about the formal complaint process and the penalties that might be imposed in the event of a positive finding of sexual misconduct.
Once you understand the formal complaint process, you might begin with an exploratory conversation with the OSM chair, or you might move directly to file a complaint with the OSM secretary.
You may submit your complaint in writing an email to the secretary of the AJS Office on Sexual Misconduct. Include your name and AJS affiliation, the name and AJS affiliation of the respondent, and the date and location of the incident. You must describe the events and circumstances underlying the complaint in sufficient detail (such as location, time, and date of the alleged incident(s), the nature of the conduct alleged, the specific policy or policies allegedly violated, include accompanying documents, such as texts, emails or other relevant material) to allow the OSM chair and secretary to conduct a prima facie review. The complaint should be dated and signed; your name at the end of the email or letter is sufficient for a signature.
The OSM chair and secretary will review the complaint. If the facts alleged present a prima facie violation of the AJS Sexual Misconduct policy and if the parties have standing, the OSM chair will inform the respondent in writing that a formal complaint has been filed and will be heard by the OSM. The respondent will provide a written response to the Office. The OSM chair and secretary may ask clarificatory questions or request additional information from either party.
A hearing panel consisting of the chair and four core members of the Office will review the complaint, the response, and associated materials, and determine whether the respondent has violated AJS policy. The panel will give an affirmative answer if it is satisfied that a violation has been shown by a preponderance of the evidence. If the respondent is found to have violated AJS policy, the panel will recommend a penalty.
The OSM chair and secretary will produce a written report with the panel’s findings and recommendations, and submit the report to the AJS Executive committee which will make a final decision regarding the findings and, in the case of a positive finding, the penalty to be imposed.
Penalties range from temporary or permanent revocation of the ability to participate in AJS-sponsored events (in the case of both members and affiliates), to temporary or permanent revocation of the various privileges of AJS membership or AJS membership itself (in the case of members). These privileges include but are not limited to full or partial participation in AJS-sponsored conferences, events, programs, and activities; holding office or a position of responsibility in the AJS; publication in any or all of the AJS’s publication venues.
The review of a formal complaint will typically take between 60 and 80 days. The OSM chair may extend a time period for good cause such as illness, holidays, the complexity of the allegations, or competing demands on OSM members or decision makers. The parties will be informed by the OSM secretary or chair if a time period is extended, and the chair’s decision regarding extensions will be final.
The AJS procedures require that there be no direct or indirect contact between the parties for the duration of the formal process. In some cases, a no-contact requirement may be continued even after the conclusion of a formal process. A violation of the no-contact requirement may result in disciplinary action. In addition, retaliation against any person who participates in an informal procedure is a violation of the AJS Sexual Misconduct policy and may result in disciplinary action.
Note: Parties to a formal hearing before the AJS Office on Sexual Misconduct must be familiar with the AJS’s procedures. The information below is not intended as a substitute for the full AJS Sexual Misconduct procedures.
The secretary of the AJS OSM will notify you in writing if you are the subject of a formal complaint that will be heard by the Office on Sexual Misconduct. The letter will include the complaint, any documents accompanying the complaint, references to the appropriate section of the AJS Sexual Misconduct policy, and a copy of the AJS Sexual Misconduct procedures.
When you receive the complaint or soon thereafter, the secretary will offer to speak with you to review the steps of the formal hearing process and to explain broadly what you can expect at each stage. The secretary can speak with you about expectations of confidentiality, the timeline, the composition and role of the hearing panel and decision makers, and the steps involved in the appeal process. The secretary will be available to you throughout the formal hearing process to answer any questions you might have about the AJS’s formal complaint and hearing process.
Upon receiving notice of the complaint, you will have 14 calendar days to provide a written response to the Office. The OSM chair and secretary may ask clarificatory questions or request additional information from either party.
A hearing panel consisting of the chair and four core Office members will review the complaint, the response, and associated materials, interview the parties, and determine whether you have violated AJS policy. The panel will give an affirmative answer if it is satisfied that a violation has been shown by a preponderance of the evidence. If you are found to have violated AJS policy, the panel will recommend a penalty.
The OSM chair and secretary will produce a written report with the panel’s findings and recommendations, and submit the report to the AJS Executive committee which will make a final decision regarding the findings and, in the case of a positive finding, the penalty to be imposed.
Penalties range from temporary or permanent revocation of the ability to participate in AJS-sponsored events (in the case of both members and affiliates), to temporary or permanent revocation of the various privileges of AJS membership or AJS membership itself (in the case of members). These privileges include but are not limited to full or partial participation in AJS-sponsored conferences, events, programs, and activities; holding office or a position of responsibility in the AJS; publication in any or all of the AJS’s publication venues.
The review of a formal complaint will typically take between 60 and 80 days. The OSM chair may extend a time period for good cause such as illness, holidays, the complexity of the allegations, or competing demands on OSM members or decision makers. The parties will be informed by the OSM secretary or chair if a time period is extended, and the chair’s decision regarding extensions will be final.
The AJS procedures require that there be no direct or indirect contact between the parties for the duration of the formal complaint and hearing process. In some cases, a no-contact requirement may be continued even after the conclusion of a formal hearing. A violation of the no-contact requirement may result in disciplinary action. In addition, retaliation against any person who participates in a formal complaint and hearing process is a violation of the AJS Sexual Misconduct policy and may result in disciplinary action.
If you are seeking an immediate response to an incident of sexual misconduct in real time during an AJS-sponsored event, program, or activity, you may contact an AJS Ombud, the OSM chair or OSM secretary, or the AJS President or Executive Director. The AJS President in consultation with the OSM chair and/or secretary has the authority to implement immediate measures to address an allegation of sexual misconduct onsite. At the annual conference, such measures include the exclusion of the person alleged to have violated the AJS policy on sexual harassment from a conference panel or other meeting, or expulsion from the conference. Similar measures may be adopted in other AJS fora or contexts.
Reporting an incident to the AJS OSM is not a substitute for reporting an incident to local law enforcement. It is also possible to speak to a police officer without filing a criminal report.
Pursuing a criminal complaint does not preclude you from seeking an informal or formal resolution within the AJS.
The AJS Sexual Misconduct procedures prohibit retaliation against individuals who report sexual misconduct, file complaints of sexual misconduct, cooperate in the investigation of sexual misconduct, serve on the Office on Sexual Misconduct, or hear formal or informal complaints of sexual misconduct. This prohibition against retaliation protects complainants, respondents, and other persons who have provided or may provide information to the Office. Penalties may be imposed upon members or affiliates who are found to have retaliated.
If you believe you have experienced retaliation, you should consult with a reporting member of the AJS OSM, the AJS President or the AJS Executive Director.
The AJS expects all participants in proceedings of the Office on Sexual Misconduct to maintain the confidentiality of the proceedings and any information obtained in and for the proceedings. The purpose of confidentiality is to encourage the co-operation and willing participation in the association’s informal and formal procedures in order to reach fair outcomes and create a better overall climate for the organization’s members and affiliates. If parties fear that their participation or the information they provide in a OSM proceeding could be revealed, then concerns about reputation, social tension, or retaliation may cause them to keep silent.
The AJS’s expectations and requirements in regard to confidentiality can be found in its Statement on Confidentiality.
