Grievance Procedures and Appeals for Students and Employees:

The college encourages the prompt and fair settlement of grievances. Any student or employee may present a grievance without the fear of coercion, restraint, interference, penalty, reprisal, or retaliation. The purpose of the grievance policy and procedure, as it pertains to sexual discrimination, is to provide a system to resolve complaints against faculty, staff, and students. Only allegations of sexual discrimination, sexual harassment or sexual violence will be considered under this policy and procedure.

Complaints alleging illegal discrimination and including sexual harassment, violence, assault or stalking complaints will be directed to the Title IX coordinator. If the alleged harasser is the Title IX coordinator or members of his/her staff, the complaint will be directed to the college’s executive vice president who will conduct the inquiry or investigation following the procedures outlined in this policy.

Appeals: Decisions resulting from any complaint investigation shall be made using the “preponderance of the evidence” standard using these following steps:

Step 1: Should a party wish to appeal the formal decision of the Title IX coordinator, either party may prepare and submit a written appeal to the appropriate vice president requesting reconsideration of the previous decision. The appeal/reconsideration of decision request must be presented in writing within ten (10) working days after receipt of the Step 1 decision. The appropriate vice president will render an appeal decision based on their reconsideration of the information and further inquiry into the matter within ten (10) working days following the initial receipt of such appeal/reconsideration.

Step 2: If either party is dissatisfied with the vice president’s resolution decision, he/she may submit a written appeal, within ten (10) days of their notification of the decision. The appeal should be addressed to the college president requesting reconsideration of both the Title IX coordinator’s recommendations and the decision(s) of the vice president’s finding(s). The president may consider the evidence gathered during the previous inquiries and/or investigations, the Title IX coordinator’s recommendations, the decision(s) of the vice president, and any other relevant evidence. The appellant may be asked to appear and present additional testimony or evidence in person to the president. Should the president seek additional information from any party, all parties shall have a right to provide oral testimony. The president will render a final decision on the matter within ten (10) days of receipt of the appeal. No additional administrative remedy shall be granted after the president makes a decision.

References:

• Title VI and VII of the Civil Rights Act of 1964 and 1991
• Title IX of the Education Amendments of 1972
• Cleary Act
• Violence Against Women Act
• Sections 799A and 845 of the Public Health Service Act
• Equal Pay Act of 1963
• Age Discrimination Act of 1967 and later amendments
• Vocational and Rehabilitation Act of 1973
• Americans with Disabilities Act of 1990
• Family Medical Leave Act of 1993
• Executive Orders 11246 and 11375