Discrimination Complaint Procedures
The following procedures are adopted to
process complaints alleging violations of Howard Community College’s (HCC) policies
on non-discrimination, equal employment opportunity, equal educational
opportunity, or affirmative action and will be in addition to any complaint or
charges an employee, applicant or student files with law enforcement or county,
state, or federal agencies. These procedures apply to all complaints of
discrimination or harassment, excluding sexual misconduct, made against either
an employee or a student. Complaints of sexual misconduct will follow the
procedures outlined in the college's sexual misconduct policy.
Initiation of Complaint
Any employee or employment applicant
who alleges a violation of college policy on non-discrimination, equal
employment opportunity, equal educational opportunity, or affirmative action by
an employee should file a complaint in writing, including the grounds for the
complaint, with the associate vice president of human resources. If
the complaint is against the associate vice president of human
resources, the reporting person should file the complaint with the vice
president of administration and finance. Any student who alleges a
violation of college policy on non-discrimination, equal employment
opportunity, equal educational opportunity, or affirmative action must
file a complaint in writing with the vice president of student
services.
Complainants should be aware that the
college is obligated to make its best effort to investigate each written
complaint, even if the complainant does not desire an investigation. The
college is also obligated to conduct its own investigation in cases where law
enforcement or county, state, or federal agencies are also investigating.
A complainant's request for anonymity during the investigation will be honored
to the extent possible, but the complainant should be aware that protecting
anonymity may hamper the investigation.
Investigation of Complaint
HCC will conduct its own investigation of
discrimination complaints and will respond to the complaint, regardless of the
reporting party.
The associate vice president of human resources,
or the vice president of administration and finance, will investigate
complaints made against an employee, and the vice president of student services
will investigate complaints made against students. In cases where the
parties in the complaint involve both employees and students, the investigation
may occur jointly between the associate vice president of human resources and
vice president of student services or their designees.
During the investigation all parties in the
case are allowed the same opportunity to obtain legal representation and
present evidence and witnesses. The investigators will use the
"preponderance of evidence" standard to evaluate whether
discrimination or harassment occurred. The investigators will issue their
written outcome of the complaint within 60 calendar days after the initial
written complaint is received, barring unusual complexity or delays. Each
party in the case will receive the written outcome. If criminal conduct
is suspected to have occurred, the college may refer the matter to law
enforcement if they are not already involved.
Appeal Process
Either party has the right to appeal the
outcome of the complaint if not satisfied with the result. A written
appeal must be filed in writing to the president of the college within 15
calendar days after the initial outcome is received. The appeal should
state the grounds for the appellant's belief that the outcome is
unsatisfactory. The president will review the appeal and issue a
written decision within 30 calendar days after its receipt. The
president's review may or may not include meetings with either party or any
witnesses or participants in the case. The president's decision on the
appeal is final.
Confidentiality and Reprisals
All parties and staff will keep the
complaint, fact-finding process and outcome confidential, except to the extent
that it is necessary to investigate and process the complaint.
Furthermore, all student records and access to student records will comply with
the Family Educational Rights and Privacy Act of 1974 (FERPA).
Persons filing complaints of harassment or
discrimination will be protected against reprisals by actions that are
appropriate to the circumstances.
False Complaints
Those persons who are found filing
deliberate false complaints will be subject to disciplinary action.
Disciplinary Action
Substantiated complaints of violation of
the policies references above may subject the offending party to
disciplinary action (see “Suspension and
Dismissal Policy” 63.12).