|
Appendix
GRIEVANCE PROCEDURE
Discrimination of the basis of race, color, national origin, sex, disability, age, religion, veteran status, or any other legally protected status/sexual harassasment of an employee by a student.
(a) Each employee and trustee of the college will be notified of the location of the Employee Handbook which contains all grievance procedures.
(b) The conduct which is discrimination, disparaging conduct, or other professionally or socially inappropriate conduct on the basis of race, color, national origin, sex, disability, age, religion, veteran status, or any other legally protected status shall be given the broadest definition allowed by laws; both as to the type of conduct meeting these definitions and the settings in which the conduct occurs. In addition, sexual harassment or inappropriate social or sexual conduct shall be given the broadest definition allowed by law both as to the type of conduct meeting these definitions and the settings in which the conduct occurs.
(c) Such conduct in any education-related or social setting shall be grounds for disciplinary action if in the opinion of the Board of Trustees the misconduct warrants such action.
(d) This college has zero tolerance for discrimination, disparaging conduct, or other educational or socially inappropriate conduct on the basis of race, color, national origin, sex, disability, age, religion, veteran status, or any other legally protected status by a student towards an employee in any work or college setting, including any job or college-related or social setting. In addition, this college has zero tolerance for sexual harassment and any socially or sexually inappropriate conduct of one student, employee, official, or trustee towards another in work settings, including any job or college-related, professional, or social setting.
(e) Any employee experiencing misconduct, sexual harassment, or inappropriate sexual conduct by a student in any educational setting, including any job-related or social setting, shall immediately report the inappropriate conduct to the immediate supervisor. The supervisor shall immediately report the matter to the area cabinet member and all other appropriate supervisors in the chain of command. The cabinet member shall inform the Student Services cabinet member and the appropriate site coordinator for students. In the event, the matter involves a coordinator or cabinet member, the supervising cabinet member or another cabinet member will handle the issue.
1. Dean of Student Services (Big Spring area) – serves as Coordinator for all student discrimination complaints on the Big Spring site.
2. Dean of Student Services (SWCD) – serves as Coordinator for all student discrimination complaints at SWCD.
3. Dean of Student Services (San Angelo) – serves as Coordinator for all student discrimination complaints on the San Angelo site.
4. Director (Lamesa) – serves as Coordinator for all student discrimination complaints on the Lamesa site.
5. Director of Correctional Studies – serves as Coordinator for all student discrimination complaints at correctional studies sites.
The cabinet member shall also inform the Chief Human Resources Officer who shall be kept involved as appropriate in the process. In the prison setting, the Director of Correctional Studies shall immediately report the issue to the appropriate correctional officials. The matter will be handled according to correctional facility procedures and will be subject to the rules of the correctional facility.
(f) The President shall be informed within one workday of the reported conduct. In the event the matter involves the President, the issue will be handled by the uninvolved administrator. The President shall decide whether the best interests of the employee complaining and the College warrant placing the employee involved on a leave with pay status pending investigation. The student may also be removed from the site as appropriate pending investigation.
(g) The President may, where appropriate, place the employee on a leave with pay status and the student in a precautionary status (i.e. not required to attend class, live in the dorm, be transferred to another instructor, etc.) stating simply that it is “in the best interest of the college pending investigation and final action.” (See Administrative Leave with Pay Procedures.)
(h) The site coordinator and respective cabinet member should investigate at once and, where possible, use an investigator of the same protected category as the employee reporting objectionable conduct with specific training in discrimination. In the event of sexual harassment, an investigator of the same sex as the employee reporting will be used if possible. This individual should have training in sexual harassment if possible.
(i) All employees or others interviewed should be advised that written statements either submitted by the individual or transcribed by a college employee will be requested under oath and that during the process honesty as if one were in a court of law is expected.
(j) If a student under the age of 18 is necessary as a witness, the student should not be interviewed until written consent is secured from the parent, court-ordered guardian, or other with lawful control of the student.
(k) The site coordinator and cabinet member shall review all information and decide upon appropriate action. Within five workdays, a decision regarding whether inappropriate conduct has occurred and what action should be taken shall be made by the site coordinator and cabinet member, unless exceptional circumstances such as unavailability of key witnesses for interviews suggests a longer period of time is necessary to fully and fairly investigate.
(l) Any authorized action, including expulsion, may be recommended. The procedures of the college and state and federal laws shall then apply, such as right of grievance, right of appeal and hearing, etc. The President may then elect to continue the employee on a leave with pay status and/or the student in a precautionary status so long as necessary to serve the best interests of the college.
(m) If the report of inappropriate conduct by an employee is determined to be valid, but the student accused of inappropriate conduct is allowed to continue as a student with the college, the student should be informed in writing that the next instance of inappropriate conduct may result in immediate suspension or expulsion. The student should sign the letter, review this procedure, and sign both documents. Both documents shall then be maintained in the student’s disciplinary file.
(n) If the report of inappropriate conduct by the employee is determined to be a blatant false accusation, the reporting employee will be subject to disciplinary action.
(o) Every employee has an active duty to report sexual harassment, discrimination, and disparaging or other socially inappropriate conduct, whether it involves the employee, another employee, a student, or other. Failure of the employee to promptly report shall subject the employee failing to report to adverse employment action, including, if appropriate, termination of employment.
(p) The President, each site administrator, and other appropriate administrators responsible for students shall post a non-discriminatory notice in locations where accessible by students. If a majority of the students are primarily fluent in another language, the notice shall be posted in the second language. A Title IX coordinator who shall oversee certain aspects of this policy will also be appointed by the President.
|
