Discrimination and Harassment Procedures
An administrator who receives a harassment complaint or has knowledge of harassment will inform his/her immediate supervisor, unless the supervisor is implicated or otherwise involved, and Human Resources. When sexual misconduct or harassment is alleged as a Title IX matter, the Title IX Coordinator must be notified in accordance with the Title IX Sexual Misconduct Procedures.
A college employee can report discrimination or harassment or an allegation of discrimination or harassment to his/her immediate administrator. If the allegations of discrimination or harassment involve the immediate administrator or supervisor, or if the employee prefers, he/she may contact the next level of management, Human Resources, and/or the Title IX Coordinator (for Title IX matters).
In the event that a discrimination or harassment complaint is made directly to Human Resources, the complaint shall be reported to the immediate administrator or supervisor of the employee against whom the complaint is filed.
Any employee in an administrative or supervisory position who fails to act promptly and in accordance with established procedures in response to a discrimination or harassment complaint is in violation of the policy and subject to disciplinary action, up to and including termination.
II. Procedures for Investigating Discrimination or Harassment or Suspected Discrimination or Harassment
A determination of whether the complainant wishes to initiate a waiver of complaint or a formal complaint will be made by Human Resources.
A. Initiating a Waiver of Complaint
In the event that an employee or student elects to file a waiver of complaint, a formal statement of the waiver of the complaint shall be filed and submitted to Human Resources.
The administrator or supervisor of the employee against whom a waiver has been filed will be notified of the complaint with a brief statement of the issues and will make a determination of whether disclosure of the waived complaint to the employee is appropriate.
B. Initiating a Formal Complaint
In the event of a formal discrimination or harassment complaint, the following procedure will be followed:
- The administrator or supervisor receiving the discrimination or harassment complaint will direct the employee or student to Human Resources or the Title IX Coordinator (for Title IX matters).
- Details of the discrimination or harassment will be submitted in detail and signed by both the complainant and Human Resources.
- Each complaint will be examined and appropriate steps taken, including investigation by Human Resources who will determine the facts on a case-by-case basis. The complainant and the respondent may expect a response to a complaint within 30 working days following the filing of a formal discrimination or harassment complaint. The President (or designee) may extend the response period if an investigation requires additional time to gather facts.
- Human Resources will investigate the complaint by separately interviewing the individual(s) against whom the complaint is filed and potential witnesses. When Title IX matters are involved, the Title IX Coordinator will oversee the process of the investigation, but make no determinations with regards to responsibility or resolution as identified in the Title IX Sexual Misconduct Procedures.
- Any employee involved in the investigation of a discrimination or harassment complaint must treat all information gained from the complainant(s) or witness(es) during the investigation with confidentiality and on a need-to-know basis.
- The President (or designee) may at any time during or after an investigation place an employee against whom a complaint has been filed on administrative leave per Policy 1.28 Administrative Leave.
- Following the investigation of the complaint, the immediate administrator or supervisor of the accused, the unit vice president (or designee), and the Chief Human Resources Officer (or designee) will determine the validity of the complaint and determine appropriate action.
- No retaliatory action shall be taken or tolerated against any employee or student who complains or who serves as a witness under these procedures.