Discrimination Complaint Procedure - 63.01.01

College Policy Number/Title:

• 63.01     Non-discrimination
• 63.01A   Equal Employment Opportunity
• 63.01B   Equal Educational Opportunity
• 63.01C   Affirmative Action

The following procedures outline the processing of complaints alleging violations of Howard Community College’s (HCC) policies on non-discrimination, equal employment opportunity, equal educational opportunity, or affirmative action and are in addition to any complaint or charges an employee, employment 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 follow the procedures outlined in the college's sexual misconduct policy.

Initiation of Complaint

Allegations of a violation of college policy on non-discrimination, equal employment opportunity, equal educational opportunity, or affirmative action by an employee should be reported in writing to the vice president of talent, inclusion and workplace culture and chief human resources officer (CHRO). The complaint must include a statement of facts and the nature of the alleged discriminatory conduct. If the complaint is against any employee in the office of human resources, the complainant should file the complaint with the college president. Any student who alleges a violation of the college’s non-discrimination, equal employment opportunity, equal educational opportunity, or affirmative action policy must file a complaint in writing with the vice president of student success.

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 conducts its own investigation of discrimination complaints and responds to the complaint, regardless of the reporting party.

The CHRO will initiate an investigation of complaints made against employees; the vice president of student success or designee initiates investigations of complaints made against students. In cases where the parties in the complaint involve both employees and students, the investigation may occur jointly between the CHRO and vice president of student success or their designees.

The investigator will initiate an investigation to determine whether there is a reasonable basis for a violation of college policy that has occurred. During the investigation, the investigator will interview the reporting employee, the involved employee, and any witnesses to determine whether the alleged conduct has occurred.

Within 60 calendar days after the initial written complaint is received, barring unusual complexity or delays, the CHRO or designee conducting the investigation will submit a written report of their findings to the complainant. If it is determined that a violation of this policy has occurred, human resources will recommend appropriate disciplinary action. If criminal conduct is suspected to have occurred, the college may refer the matter to law enforcement if they are not already involved.

If the investigation is inconclusive or if it is determined that there has been no violation of policy, but potentially problematic conduct may have occurred, human resources may recommend appropriate preventive action.

The CHRO will review the investigative report and any written statements submitted by the reporting employee or alleged employee, discuss results of the investigation with legal counsel, as appropriate, and decide what action, if any, will be taken. Once a final decision is made by the CHRO, a human resources representative will meet with the reporting employee and the alleged employee separately and notify them of the findings of the investigation. If disciplinary action is to be taken, the alleged employee will be informed of the nature of the discipline and how it will be executed.

Appeal Process

All parties have the right to appeal the outcome of the complaint if they find the result unsatisfactory. A written appeal must be filed in writing to the president of the college within 15 calendar days after receipt of the initial outcome. 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 must comply with the Family Educational Rights and Privacy Act of 1974 (FERPA).

Individuals filing complaints of harassment or discrimination will be protected against reprisals by actions that are appropriate to the circumstances.

False Complaints

Individuals found filing deliberate false or malicious complaints will be subject to disciplinary action.

Disciplinary Action

Substantiated complaints of violation of the policies referenced above may subject the offending party to disciplinary action. Employee disciplinary action follows guidelines outlined in policy 63.12, Suspension and Dismissal. Student disciplinary action may include, but is not limited to, suspension or expulsion.

Effective Date: 08/26/22

President's Office Use: CHRO/VPSS - CAT