College Policy Number/Title:

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, affirmative action, or sexual harassment, and will be in addition to any complaint or charges an employee, applicant or student files with state or federal agencies.  These procedures apply to all complaints of discrimination or harassment, including sexual harassment, made against either an employee or a student.  HCC will conduct its own investigation and will respond to the complaint, regardless of the reporting party. 

Initiation of Complaint

Any employee or employment applicant who alleges a violation of college policy on non-discrimination, equal employment opportunity, equal educational opportunity, affirmative action, or sexual harassment by an employee should file a complaint, 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, affirmative action, or sexual harassment should file a complaint with the vice president of student services.

Fact Finding

The associate vice president of human resources or the vice president of administration and finance will initiate the fact-finding process in response to the complaint against an employee and attempt to resolve the issue with the reporting employee, applicant, or student.  In cases where a complaint has been made by or against a student, the vice president of student services will initiate the fact-finding process, which will be in accordance with the student judicial process, as defined in the student code of conduct.  The decision of the vice president of student services is final.

Conference with the President

If the complaint against an employee cannot be resolved by the associate vice president of human resources or the vice president of administration and finance, the matter and a recommendation will be forwarded to the president of the college by the associate vice president of human resources or the vice president of administration and finance with a recommendation.  The president will hold an information conference between the parties and make a decision on the charges.

Appeal

In cases when the complaint is against an employee, the decision of the president may be appealed in writing to the board of trustees.  The written appeal of the president's decision must be submitted in writing to the executive associate to the president within 10 business days of receipt of the president's decision.  The board will review the appeal and the administration’s response, and determine if it will hold a hearing.  That decision will be communicated in writing to the individual making the appeal within 30 business days of receipt of the written appeal to the board of trustees.

Confidentiality and Reprisals

All parties and staff will keep the complaint, fact-finding process and conference or hearings 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 filing deliberate false complaints will be subject to disciplinary action.

Disciplinary Action

Substantiated complaints of violation of the above referred to policies may subject the offending party to disciplinary action (see “Suspension and Dismissal Policy” 63.12).

Effective Date:  03/08/13