Discrimination Complaint Procedures Procedure (63.01.01)College Policy Number/Title:
The following procedures are adopted to process complaints alleging violations of the college’s 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. Howard Community College will conduct its own investigation and will respond to the complaint, regardless of the reporting party. Complaints or concerns of discrimination or harassment made by or against a college employee should be reported to the director of human resources. Complaints or concerns of discrimination or harassment made by a student should be reported to the vice president of student services. Complaints of discrimination or sexual harassment made against a student will be processed under the student judicial process.
1. INITIATION OF COMPLAINT
Any employee, applicant, or student 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 with the director of human resources setting forth the grounds for the complaint. If the complaint is against the director of human resources, the reporting person should file the complaint with the vice president of administration and finance. If the complaint is against a student, the reporting person should file a complaint with the vice president of student services.
2. FACT FINDING
The director of human resources or the director’s supervisor 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 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.
3. CONFERENCE WITH THE PRESIDENT
If the complaint against an employee cannot be resolved by the director of human resources, the matter will be forwarded to the president of the college by the director of human resources or the director’s supervisor with a recommendation. The president will hold an information conference between the parties and make a decision on the charges.
4. APPEAL
The decision of the president may be appealed in writing to the board of trustees. The written appeal should submitted no later than 20 days prior to the board meeting at which it will be discussed. Once the board has reviewed the appeal and the administration’s response, it may or may not choose to hold a hearing.
5. 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 shall 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.
6. FALSE COMPLAINTS
Those persons filing deliberate false complaints will be subject to disciplinary action, which may include dismissal from the college.
7. 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), which may include dismissal from the college.
Effective Date: 3/11/2005 
