employees / Procedures / Equity Grievance Procedures

Equity Grievance Procedures

Summary

These procedures, which may be used by any member of the Delta College community to file a grievance under Board Policy 8.012 - Equity Grievances, provides an internal process to identify, resolve and eliminate incidents of illegal discrimination.

Any equity concerns or questions about the policy or procedures can be addressed to:

Equity Office
equityoffice@delta.edu
989-686-9312

Interim Director of Human Resources
Wendy Childs
wschilds@delta.edu
989-686-9546

Procedures

Reporting

1. Generally
  The college encourages any person who believes they have been subjected to discrimination or harassment in violation of this policy to report such conduct. Students are encouraged to report conduct they believe violates this policy to the Equity Office, a faculty member, the College Ombudsperson, the Dean of Teaching and Learning, the Dean of Career Education and Learning Partnerships, the Vice President of Instruction and Learning Services, the Dean of Student Success, or the Vice President of Student and Educational Services. Employees are encouraged to make reports to the Equity Office, their supervisor (provided the report is not directed at their supervisor), or the Human Resources Office. No person shall be required to make a report under this policy to a person who is alleged to have engaged in the conduct subject to the report.
2. Required Reporting
  Every member of the College community designated as a mandated reporter under the Title IX Sexual Harassment Policy (pg 9), has the duty to report allegations made under this policy to the Equity Office, Human Resources Office, or the President. When a duty to report exists, a report as provided for in this subsection shall be made within twenty-four (24) hours of the person with the duty having learned of the allegations. Failure to report when a duty to report exists may subject a person to disciplinary action up to and including termination. Reports required under this subsection shall be made in writing using our online reporting form.

Pre-complaint resolution

Resolution of concerns reported under this policy prior to the filing of a complaint may be appropriate in certain cases. A person who believes he or she has been subjected to conduct in violation of this policy may, without filing a complaint as described below, request that the Equity Office or Human Resources Office (for employees only) attempt to facilitate an amicable and constructive resolution of the issue among the parties. Attempts to reach such a resolution may include, by way of example, meeting with the parties (individually or collectively) in an effort to resolve the issue, aiding in modifying the circumstances in which the complained of conduct occurred, or assisting departments or offices in addressing real or perceived internal concerns arising under this policy. Certain cases will not be appropriate for pre-complaint resolution, such as where the complained of conduct involves repeated behavior or acts or threats of violence. Furthermore, a person reporting a concern under this policy may on their own initiative elect to proceed directly to the complaint procedure, discussed below, without first participating in pre-complaint resolution. The office that attempts to facilitate pre-complaint resolution, whether the Equity Office or the Human Resources Office, will document the efforts, retaining the documentation and keeping it confidential to the extent permitted by law. Such office shall also exercise discretion in determining whether pre-complaint resolution is appropriate under the circumstances, as necessary.

Submitting a complaint and complaint procedures in general

If pre-complaint resolution is not achieved, or is not appropriate under the circumstances, the person alleging a violation of this policy may elect to submit a complaint using the procedure described below. In addition, at all times, a person bringing a complaint under this policy may also elect to make a report to law enforcement or to civil authorities.

1. 1. How to Make a Complaint under this Policy
    Complaints involving alleged conduct covered by this policy are handled by the Equity Office, unless otherwise noted. Accordingly, a complaint alleging a violation of this policy should be submitted to the Equity Office. Students may also submit complaints under this policy to the College Ombudsperson, the Dean of Teaching and Learning, the Dean of Career Education and Learning Partnerships, the Vice President of Instruction and Learning Services, the Dean of Student Success, or the Vice President of Student and Educational Services. Employees may also submit complaints to the Human Resources Office or to their supervisor. Complaints that are submitted to one of the foregoing persons or offices shall be promptly forwarded to the Equity Office for handling, unless the complaint is against a person in the Equity Office, in which case the President or his or her designee shall appoint a person to act in the place of the Equity Office as described herein.
    
    A person making a complaint under this policy is known as the “complainant.” The person(s) who are alleged to have violated the policy are known as the “respondent(s).”
    
    A complaint submitted by a complainant under this policy must be in writing using our online reporting form and should contain the following information:
    - The contact information (e.g., telephone, email, and address) of the complainant;
    - The name of the respondent(s);
    - The nature of alleged violation, as defined in this policy (e.g., discrimination, harassment, or both);
    - Specific information about the alleged violation, including the date it occurred, the nature of the alleged violation, and a detailed description of the conduct forming the basis of the alleged violation;
    - The names and contact information of any witnesses to the alleged violation;
    - A desired resolution;
    - The signature of the person filing the complaint and the date it was filed; and
    - Any other relevant information, including documentation or any supported evidence.
  2. Time Limit for Making Complaint
    In order to ensure efficient handling and resolution, a complaint under this policy must be made within ninety (90) days of the occurrence of the alleged violation of this policy.At the discretion of the Equity Office, the ninety (90) day submission period may be extended for good cause shown.
  3. Definition of “Days”
    As used herein, “days” shall refer to calendar days unless specifically noted. In the event a day for which an action is required falls on Saturday, Sunday, or federal holiday, the day that the action is due shall be the next day that is not a Saturday, Sunday, or federal holiday.
  4. Acknowledgement
    Within five (5) days of it receiving a complaint, the Equity Office will provide written notice of receipt to the complainant informing the complainant that the complaint will be evaluated and that the complainant will be contacted within a given time. The notice shall also include a copy of these procedures.
  5. Applicability of Collective Bargaining Agreement and Other Procedures
    If a complaint is being brought by an employee who is represented by a union and the terms of the applicable collective bargaining agreement provide for a different procedure than that set forth in this policy, than the terms of the collective bargaining agreement shall control. In addition, nothing in this policy is intended to subject a respondent to multiple proceedings. Thus, the procedures in this policy shall not be available if a complaint otherwise subject to this policy will be processed under an applicable process/procedure, such as the following:
    1. For Faculty and Facilities: collective bargaining agreement;
    2. For AP/SS: Conflict Resolution Grievance Procedure;
    3. For Students: Student Disputed Final Grades Policy or Student Complaint Hearing Process
    4. For Corporate Services: Conflict Resolution and Grievance Procedure
  6. Anonymous Complaints
    If a complaint is submitted anonymously, it may not be possible for the Equity Office to conduct a fair and impartial investigation. However, in these instances or in cases where the complainant does not want to move forward, the Equity Office can submit a written statement to initiate the grievance process if the seriousness of the allegations warrants further investigation.
  7. Initial Complaint Evaluation
    When it receives a complaint, the Equity Office will undertake an initial evaluation of the complaint. The initial evaluation will consist of determining whether the complaint, on its face, alleges sufficient facts that, if true, would constitute a violation of this policy. The initial evaluation will also determine whether the complaint was timely filed. In conducting its initial evaluation, the Equity Office shall have the right to determine in the exercise of reasonable discretion whether a particular incident or report is covered by this policy. The Equity Office will determine that a complaint is not covered by this policy when a complaint lacks any substantive nexus to unlawful discrimination or harassment based on one’s membership in a protected class.
    
    If the Equity Office determines, based on its initial evaluation, that the complaint does not allege misconduct covered by this policy, or that insufficient information exists for the complaint to proceed to informal or formal resolution, the case will be closed, with written notice to the complainant. In its discretion, the Equity Office may reopen a case if additional information becomes available. In addition, the closing of a case in the initial inquiry stage by the Equity Office shall not limit the ability of a complainant to report the alleged conduct to non-College authorities.
    
    A complainant may appeal to the President a decision by the Equity Office to close a case without proceeding to informal or formal complaint resolution. Such an appeal must be made within five (5) days of the date of the notice to the complainant from the Equity Office closing the case, must be in writing and signed, and must state why the Equity Office’s decision was in error. The President, or their designee, shall make a determination on the appeal within ten (10) days of receiving the appeal. If the decision to close the case is overturned, the complaint will be sent back to the Equity Office for handling in accordance with these procedures.
    
    If the Equity Office determines that there is sufficient information in a complaint to warrant further action under this policy, it will make a determination as to whether to proceed to informal complaint resolution or formal complaint resolution, as set forth below. Generally, the first stage of the complaint resolution process will be informal complaint resolution, but there may be instances when the Equity Office decides in its discretion to proceed directly to formal complaint resolution. Factors considered by the Equity Office in determining what stage of complaint resolution to proceed to may include, but not be limited to, the nature and severity of the alleged conduct. For instance, where the allegations involve acts or threats of violence, the Equity Office may determine that informal complaint resolution is not appropriate.
  8. Notice to Respondent
    If the Equity Office decides to proceed to informal or formal complaint resolution, written notice shall be provided to the respondent within five (5) days of the Equity Office’s decision. The notice to the respondent shall contain a plain statement of the allegations made against him or her and will inform the respondent that he or she may respond in writing to the allegations within seven (7) days of the date of the notice. The notification shall also inform the respondent that any retaliation against the complainant is prohibited and may subject the respondent to disciplinary action. A copy of these procedures shall be included with the notice.
  9. Interim Measures During Complaint Resolution
    Consistent with applicable law, the Equity Office may implement interim measures during the pendency of a complaint’s investigation. With respect to employees, such interim measures, by way of example, may include, suspension with or without pay or changes to employment assignments.
    
    With respect to students, the College reserves the right to immediately suspend a student if in the judgment of the Dean of Student Success the student’s continued presence at the College would pose an immediate danger to any member of the College community. In the event of a temporary suspension, within two (2) days, the respondent shall be given written notice of the charges and the evidence against him or her. The suspended student shall have the right to appeal his or her suspension to the President, who may elect to continue or rescind the suspension. Thereafter, the respondent shall be given the opportunity for a hearing before a Hearing Officer to be held as soon as practicable upon the conclusion of complaint resolution as set forth herein. In addition to suspension, the College may take other interim measures it deems appropriate based on the circumstances, which may include, but not be limited to, limiting contact or restricting a student’s presence at College events or on College property.
  10. Withdrawal of Complaint
    A complainant may withdraw a complaint at any time during the complaint procedure set forth herein. A complainant’s withdrawal of a complaint must be in writing and must be submitted to the Equity Office or the investigator assigned to the complaint. At its discretion, the Equity Office will determine whether to close the case or to continue these resolution procedures. Generally, the Equity Office will respect a complainant’s wish to close his or her case, but circumstances may dictate in certain cases that the Equity Office proceed with the complaint resolution procedure by, for instance, conducting an investigation.

Complaint resolution procedures

1. 1. Informal Complaint Resolution
    The informal resolution process provides a means of attempting to resolve a complaint prior to it being advanced to the formal resolution procedure set forth below. Informal resolution procedures may include personal and cooperative meetings with the involved parties in an effort to reconcile the parties’ differences and to rectify the alleged discriminatory action. Informal complaint resolution may include, but not be limited to, the Equity Office mediating the dispute between the parties to achieve a mutually agreeable outcomes or providing training on non-discrimination to the respondent(s). The Equity Office shall not advocate for either party during informal complaint resolution.
    
    The Equity Office will make reasonable efforts to informally resolve the complaint within fifteen (15) days. If an informal resolution cannot be achieved, the Equity Office will notify the complainant and respondent in writing and will inform the complainant of his or her right to proceed to formal dispute resolution. While the Equity Office will document any informal resolution efforts, no findings are made during the informal resolution process. The Equity Office’s documentation of the informal resolution process will be kept confidential to the extent permitted by law.
  2. Formal Complaint Resolution Procedure
    If a complaint is not resolved at the informal resolution procedure stage, the Equity Office will notify the complainant in writing of his or her right to proceed to formal complaint resolution. The notification will inform the complainant that he or she has five (5) days from the date of the notice to formally request that the complaint be advanced to formal complaint resolution. Such notice must be provided to the Equity Office in writing and be signed by the complainant, although the Equity Office reserves the right to initiate an investigation of anonymous complaints. If the complainant does not provide timely notice, the Equity Office may close out the complaint without further action being taken or it may elect to proceed with formal complaint resolution in its own discretion. Notice of the Equity Office’s decision shall be provided in writing to the complainant. In addition, as noted above, the Equity Office may on its own initiative initiate formal complaint resolution when it determines that the allegations as set forth in the complaint are not capable of being resolved using informal complaint resolution procedures. If a complaint is not advanced to formal complaint resolution, the matter shall be closed with notice to both the complainant and respondent. As set forth below formal complaint resolution shall consist of two stages: investigation and disposition.
    1. Notification to Respondent
      If a complaint proceeds to formal complaint resolution, written notice shall be provided to the respondent. The written notification shall be sent no later than three (3) days after a complaint is advanced to formal complaint resolution.
    2. Evidentiary Standard
      The evidentiary standard that shall apply to allegations made in complaints submitted to formal complaint resolution shall be the “preponderance of the evidence” standard. The “preponderance of the evidence” standard means that an allegation shall not be found to be substantiated unless the evidence, taken as whole, shows that it is more likely than not that allegation is true. This standard is often referred to as a “50% plus a feather.”
  3. Investigation
    The first stage of formal complaint resolution consists of an investigation into the allegations made in the complaint. Investigations shall be conducted by the Equity Office, except in cases where the complaint to be investigated is directed against an individual in the Equity Office. In such cases, the President shall designate another person or office to conduct the investigation.
    1. Investigation Processes and Procedures
      Investigations under this policy shall be conducted in accordance with the procedures set forth in this section and shall include, but not necessarily be limited to, the following:
      - Interviews by the investigator with both the respondent and complainant and with any other person determined by the investigator to have pertinent factual information related to the complaint;
      - Gathering and reviewing by the investigator any documents or other evidence (e.g., photographs, social media posts, videos) that is relevant to the complaint;
      - Review of an employee’s personnel file, if the complaint is directed at an employee; and
      - Ensuring that both the complainant and respondent have an equal opportunity to share relevant information and to have such information considered by the investigator. This shall include the opportunity to present evidence to the investigator and to name witnesses that may have relevant information.
    2. No Advocacy by Investigator
      During or after the course of an investigation, an investigator acting under this policy shall not function as an advocate for either a complainant or respondent. An investigator, however, may refer complainants or respondents to advocacy or support groups.
    3. Legal Counsel or Advisors
      During the formal resolution procedure (or informal resolution procedure or pre-complaint resolution), neither a complainant or respondent shall be allowed to bring legal counsel to any meeting or interview. Complainants and respondents, however, may otherwise retain legal counsel at their election and expense. However, both parties are permitted to have an Advisor.
      1. Who Can Serve as an Advisor?
        The Advisor may be a friend, mentor, family member, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the College community.
      2. Advisor’s
        The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.
      3. The Scope of Role of an Advisor.
        Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address College officials in a meeting or interview unless invited to (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee^[1] during any meeting or proceeding. In addition, no persons, including any party or an advisor, may audio or video record any meeting, interview or hearing, or proceeding.
        
        The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
        
        Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Equity Officer will determine how to address the Advisor’s non-compliance and future role.
      4. Privacy of Student Records Shared (FERPA)
        Complainants nor respondents can give an Advisor any student information covered under FERPA. Advisors are expected to maintain the privacy of all other information shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the College.
    4. Responsibility to Cooperate
      Faculty, staff, and students are required to cooperate with the Equity Office, or any other designated investigator, during an investigation. Refusal to cooperate in the course of an investigation undertaken in accordance with this policy, or dishonesty, may result in disciplinary action. Notwithstanding the foregoing, a respondent shall not be determined by an investigator to be responsible for an alleged violation of this policy, and shall not be subject to discipline, solely based on the fact that he or she declines to participate in the investigation or to answer questions regarding same.
    5. Time for Completion of Investigation
      As a general matter, an investigation conducted under the formal complaint resolution procedure of this policy shall be completed within fifteen (15) days. In certain cases, where witnesses are difficult to schedule for an interview, for instance, it may be necessary to extend the investigation period, which the Equity Office (or designated investigator) may do at its discretion.
  4. Disposition
    Within fifteen (15) days of the completion of the investigation, the Equity Office (or designated investigator), shall prepare a statement of findings. All findings under this policy shall be made based on a consideration of the totality of the circumstances surrounding the alleged conduct, including, but not limited to, the context of the conduct, its severity, its frequency and whether it involved threats of violence or acts of humiliation.
    
    The statement of findings shall include a description of the alleged discriminatory acts, a summary of the evidence gathered and reviewed, a summary of interviews conducted, an evaluation of the relevant evidence, and a finding as to whether a violation of this policy occurred. The range of possible findings include, but are not necessarily limited to, the following:
    
    Substantiated, meaning that it is more likely than not that the allegations are true and that a violation of this policy occurred;
    
    Unsubstantiated, meaning that there is not sufficient evidence to conclude whether the allegations are true or untrue; and
    
    Unfounded, meaning that it is more likely than not that the allegations are untrue. A finding that allegations are unfounded, however, does not mean that the complaint was improper or made with knowing falsity. At its discretion, the College may address allegations made in bad faith in a separate proceeding.
    1. If a Violation is Unsubstantiated or Unfounded
      If the Equity Office (or designated investigator) finds that the allegations were unfounded, and thus that no violation of this policy occurred, written notice of this determination will be provided to the complainant and respondent, along with a summary of the statement of findings, subject to applicable law governing disclosures for students. Relevant persons may also be informed of the finding on an as-needed basis consistent with applicable law governing disclosures. For instance, if the respondent is an employee, his or her supervisor and the Human Resources Director may be notified that the Equity Office found the allegations to be unfounded.
    2. If a Violation is Substantiated
      If the Equity Office (or designated investigator) finds that it is more likely than not that a violation of this policy occurred, the following shall occur:
      1. For Employees
        The statement of findings shall be provided to the Director of Human Resources within three (3) days of its completion.[2] After reviewing the foregoing documents, the Director of Human Resources shall either (a) request additional information, (b) request further investigation, (c) find no violation, or (d) agree that this policy was violated. In cases where it is agreed that the policy was violated, the Director of Human Resources may impose discipline against the respondent that he or she deems appropriate, considering the severity of the conduct. Determination of what discipline to impose may be made in consultation with the Equity Office and department head, but the final decision on discipline shall be made by the Director of Human Resources. Discipline imposed on an employee under this policy shall be consistent with any applicable employee handbook. A written notice of the discipline being imposed will be provided to the employee within three (3) days of the disciplinary decision being made. Generally, disciplinary decisions shall be made within twenty (20) days of the Director of Human Resources being provided with the statement findings. For any employee who is covered by a collective bargaining agreement, the foregoing process shall apply provided that it is not inconsistent with the applicable bargaining agreement, in which case, the bargaining agreement shall control.
      2. For Students
        If the respondent is a student, the statement of findings shall be provided to the Vice President of Student and Educational Services within three (3) days of the statement’s completion. After reviewing the findings, the Vice President of Student and Educational Services shall either (a) request additional information, (b) request further investigation, (c) find no violation, or (d) agree that this policy was violated.
        
        In cases where it is agreed by the Vice President of Student and Educational Services that this policy was violated, appropriate disciplinary action against the student, based on the severity of the conduct, may be initiated. The determination of what disciplinary action is appropriate may be made by the Vice President of Student and Educational Services in consultation with the Equity Office and the Dean of Student Success.
        
        If serious disciplinary action is proposed (e.g., disciplinary action that involves expulsion, suspension or degree revocation), a respondent shall be entitled to a pre-disciplinary grievance. In such cases, the respondent shall be provided with a written notice of the proposed discipline, and, within seven (7) days of receiving such notice may make a written request to grieve either the proposed discipline, the basis for the proposed discipline, or both. A respondent’s election to grieve must be in writing and must be submitted to the Vice President of Student and Educational Services.
        
        In cases where non-serious disciplinary action is initiated, such as requiring a student to attend sensitivity training, a written notice of discipline shall be provided to the respondent within three (3) days of the discipline being determined. In such cases, the respondent shall have the appeal rights set forth below.
        
        Generally, disciplinary decisions under this subsection shall be made within twenty (20) days of the Vice President of Student and Educational Services being provided with the Equity Office’s statement of findings.
    3. Possible Disciplinary Actions
      The disciplinary actions that may be imposed on a respondent as a result of a finding that he or she violated this policy include, but are not limited to, written reprimands, required attendance at sensitivity training, reassignment, suspension (with or without pay for employees), a last chance agreement, removal from a particular course, restriction from entering certain areas of the College, expulsion, or termination. In addition, action may be taken that is necessary to end the discrimination or harassment found to have occurred.
    4. Disclosures Involving Students
      Regardless of any other provision herein, the disclosure of any information called for in this policy that involves students shall comply with federal law, and, specifically, but not necessarily exclusively, the provisions of the Family Educational Rights and Privacy Act.
  5. Admissions
    If a respondent admits a violation of this policy at any time during the complaint resolution procedures stated herein, the respondent may be disciplined in accordance with the above procedures. A respondent’s admission of a violation of this policy, however, shall not in and of itself mean that the respondent agrees with any resulting discipline, whether proposed or imposed. Accordingly, a respondent who admits violating the policy may appeal (or grieve, as appropriate) any resulting disciplinary action as provided for herein. In such cases, the subject of the appeal or grievance shall be limited to the appropriateness of the discipline.

Appeals

1. 1. Employees
    Employees may appeal the findings and any disciplinary action that results from formal complaint resolution pursuant to the appeal process set forth in subparts 1-5 below. Provided, however, for employees who are subject to a collective bargaining agreement, the grievance process in the bargaining agreement shall apply to appeals for violations of this policy.
    1. An appeal must be made in writing to the President within seven (7) days of the date of written disciplinary action as provided to the respondent. The appeal may challenge both the findings, the disciplinary action, or both. The written appeal must state at least one of three grounds for appeal: (a) the discovery of new information that could not have been reasonably known during the investigation and that could materially change the outcome of the investigation; (b) procedural errors during the resolution procedure that materially affected the fairness of the process; or (c) that the findings or discipline imposed was unsupported by the great weight of the evidence. An appeal may not exceed ten (10) type-written pages, 12-point Times New Roman font, double spaced.
    2. If either party submits an appeal, the other party will be provided by the President with a copy of the appeal and will have five (5) days to provide a written response, if desired. The written response shall not exceed ten (10) type-written pages, 12-point Times New Roman font, double spaced.
    3. The President may assign a designee to review and decide the appeal.
    4. Within thirty (30) days after the deadline for a party to submit a response to an appeal, the President or his or her designee, shall issue a decision on the appeal, which shall be based on a review of the written appeal, response (if any), the statement of findings, and any other parts of the case record the President or his or her designee deems necessary to determining the appeal. The decision, a written copy of which shall be provided to both the respondent and the complainant, shall sustain the outcome, amend the outcome, issue a new outcome, or refer the case back to the Equity Office for further consideration, which may include additional investigation. If the decision of the President or his or her designee sustains or changes the outcome, that decision is final and no further appeal rights shall exist.
    5. For good cause, the President or his or her designee may extend any deadlines set forth in this subsection.
  2. Students
    If proposed disciplinary action under this policy is initiated against a student involving a serious sanction, such as expulsion or suspension, the student shall have the right to a Student Grievance Hearing. In such cases, the student must be informed in writing of his or her right to a Student Grievance Hearing. A student must make a written request for a Student Grievance Hearing within seven (7) days of receiving notice of proposed discipline that is serious in nature. The request must be made using the Student Equity Grievance Hearing Request Form. A student may request to have heard whether he or she did violate the Equity Grievance Policy and/or whether any proposed discipline is appropriate under the circumstances. The applicable procedure shall be that set forth in Appendix A. The terms and conditions of this policy shall apply to Appendix A, as applicable (for instance, by way of example and not limitation, this policy’s provisions on confidentiality and its prohibition against retaliation).
    
    In cases involving disciplinary action of a non-serious nature, a student may appeal the decision by submitting a written notice of appeal in writing to the President within seven (7) days of receiving the notice of discipline. Thereafter, the process set forth in Section VIII.A.1-5 shall apply.

Miscellaneous

Retaliation Prohibited
Retaliation of any kind against anyone making an allegation of discrimination or harassment under this policy, anyone involved in an investigation under this policy, or anyone involved a decision made under this policy, is strictly prohibited. Any person who engages in any retaliatory act in violation of this policy will be subject to disciplinary action. Members of the College community are strongly encouraged to report to the Equity Office any potential incident of retaliation under this policy. The Equity Office will assess the reported incident and take appropriate actions to address the matter.
False Complaints or Reports
Any person who knowingly makes a false report under this policy or files a false complaint shall be subject to disciplinary action up to and including termination for employees and dismissal for students.
Confidentiality
The College will follow all applicable law regarding confidentiality with respect to the implementation of any aspect of this policy, including, but not limited to, the Family Educational Rights and Privacy Act. In addition, the Equity Office (or designated investigator) may, at its discretion, keep the names of witnesses or complainants confidential if reasonably necessary to protect the witness or complainant from physical danger. Otherwise, the College will maintain the confidentiality of a complaint and investigation under this policy, including associated documents and reports or resulting hearings, on a need-to-know basis, as necessary to carry out the procedures set forth herein and to the extent permitted by law. Any member of the College community who in any way participates in a procedure under this policy shall keep all information presented to them confidential.

A party subject to a procedure under this policy may be deemed to have waived these confidentiality provisions in cases where they disclose information about a report, complaint, or proceeding under this policy to persons not directly involved in the investigation or complaint proceeding.
Extension of Time for Good Cause
Any time limit or deadline set forth in this policy may be extended by the Equity Office, President, or designated investigator, for good cause.
Authority of President to Make Appointments
Provided that a complaint under this policy is not made against the President, or the President is not a material witness with respect to allegations made under this policy, the President, or his or her designee, shall have the authority to appoint persons under this policy for the purpose of conducting an investigation or assessing and imposing discipline when such appointment is necessary to avoid a conflict of interest. For the purposes of this paragraph, a “conflict of interest” shall exist when the person or office named by this policy to conduct an investigation, or to impose or assess discipline, is the subject of the complaint at issue.
Reference to the Equity Office
The Equity Office is tasked with handling reports and complaints made under this policy and with conducting complaint resolution as described herein. In cases where the Equity Office is conflicted, and another person or office is appointed to fulfill the role of the Equity Office, references herein to the Equity Office shall mean the office or person appointed under these procedures in the place of the Equity Office.
Notice
Any written notice required herein may be accomplished by use of electronic mail.
Remedy Effects on the College Community
The Equity Officer may hold a Collaborative Equity Improvement Conference at the conclusion of the process, if necessary, to help remedy the effects on the college community.

^[1] Subject to state or federal law or College policy.

^[2] In any case where the Director of Human Resources was appointed to conduct the investigation, or where the complaint was brought against the Director Human Resources, the President, or his or her designee shall, designate a person to perform the duties set forth in paragraph 2.a above.

Website
Equity

Participation
All Delta College employees and students

Revision/review dates
01/22