Johnson County Community College
Series 300: Student Personnel
Section 319: Student Rights and Responsibilities

Students or prospective students believing that they are the subject of discrimination or harassment prohibited by college policy should take the following steps:

1. The student should feel free to discuss the issue directly with any party participating in or allowing the conduct to occur. Students are assured that retaliation due to such complaints is also strictly prohibited and that if retaliation occurs, then discipline up to and including expulsion or termination will also occur.

2. If the student does not feel comfortable in addressing this issue directly with the offending party or parties or, if such discussions do not produce a result acceptable to the student then the student should make a written complaint as set forth below:

a. The written complaint should include a specific identification of the conduct complained of and of the parties involved. The complaint should also include an explanation of why the student believes that the alleged actions or harassment is based on gender, national origin, race, sex, color, disability, age, religion, marital status, veteran's status, sexual orientation or other impermissible basis. The complaint should be signed and dated.

b. Students should file their written complaint with the vice president of Student Services, or the compliance officer within 30 calendar days of the time the alleged harassment or discrimination took place unless good cause is shown for delay. If the student is not comfortable speaking with the vice president of Student Services, then the student may submit the complaint to the director of Human Resources.

3. The person receiving the complaint should proceed under the following guidelines:

a. The party receiving the complaint should immediately submit a copy of the complaint to the president of the college or to the college’s compliance officer. The compliance officer shall review the complaint and shall consult with legal counsel regarding the allegations provided in the complaint. If it is determined that the complaint has sufficient probable cause to be investigated under the college’s Unlawful Discrimination or Harassment Complaint Procedure, the compliance officer shall appoint two officers of the college to investigate the complaint and the president shall designate either the executive vice president for Academic Affairs or the executive vice president for Administrative Services to review the investigators findings and determine appropriate action at the conclusion of the investigation. The investigators shall immediately investigate the complaint by discussing the complaint with the complainant and by interviewing any witnesses with relevant information, including but not limited to parties participating in or observing the conduct. The alleged offending party shall be given a copy of the complaint. Further, the alleged offending party will be required to respond in writing to the allegations within seven (7) calendar days of notification of the complaint.

All parties in the investigation should be advised that information surrounding the complaint should be kept confidential. Witnesses and alleged offending parties should be advised that retaliation against a complainant is strictly prohibited and may lead to discipline up to and including expulsion or termination. Additionally, the alleged offending party shall be asked to refrain from contacting potential witnesses until such time as the investigation is complete.

During the investigation, all parties involved in processing the complaint, including but not limited to the compliance officer, the two officers appointed to investigate the complaint, and the executive vice president appointed to review the findings, shall each serve as a neutral procedural facilitator in the process and shall not act in an advocate role for the complainant or the alleged offending party. The role of those individuals processing the complaint shall be to thoroughly investigate the complaint and to determine and review findings based on the investigation. In the event a person designated by this procedure to receive or review a report is the alleged offending party or otherwise involved in the matter, he/she shall be recused from this process and another appropriate official shall be appointed to fulfill that person's role.

b. The investigators shall promptly initiate an investigation of the complaint and shall summarize their findings in a report to the designated executive vice president within sixty (60) calendar days of receipt of the complaint. When it is not reasonably possible to complete the investigation within that time, the investigation period may be extended by up to an additional sixty (60) calendar days upon approval of the compliance officer. If an extension is granted, the parties to the complaint will be so notified.

The executive vice president shall review the investigators report and shall, if warranted, take disciplinary action or recommend disciplinary action as otherwise provided by college policy, up to and including the expulsion or termination of any person violating the above stated policies.

c. Within ten (10) working days of completion of the investigation, the executive vice president shall notify the complainant and the alleged offending party of the outcome of the investigation and of the measures, if any, taken to halt any prohibited conduct. The complainant and the alleged offending party should also be reminded that retaliation taken because of the filing of a complaint is prohibited and that any such retaliation should be reported immediately for further action.

d. Should the complainant not be satisfied with the outcome of the investigation then, within ten (10) calendar days of the date of the notice of determination he/she may request review of the determination by the president of the college. If review is sought, then the president shall review the complaint, interview the complainant and investigators, if necessary, and complete such other interviews as may be necessary to make a determination. The president shall complete the review within ten (10) working days unless otherwise agreed by the parties hereto. If the president finds that conduct has occurred which violates college policy, then the president may order or recommend that discipline be taken as otherwise provided in college policies. Following completion of this review, the president shall inform the complainant of his/her findings and conclusions. Disciplinary actions resulting from this procedure may be appealed by an employee in accordance with the college Personnel Policies or the Master Agreement, whichever may apply. Disciplinary actions resulting from this procedure may be appealed by a student in accordance with the college Student Policies.

The time lines set forth in this policy are implemented in order to ensure that allegations are investigated and concluded in a timely fashion so that any ongoing conduct can be immediately halted and immediate discipline taken if warranted. The complainant may, however, agree to an extension of time and the failure to comply with all time limits shall not invalidate a complaint or investigation or discipline.

All particulars of any complaint shall be kept confidential to the extent possible during and after investigation. Particulars of the complaint shall only be released to others to the extent necessary to fully investigate the complaint or if such information is compelled by law to be disclosed.

The college’s commitment to eradication of any sort of illegal discriminatory conduct includes prohibiting actions taken in retaliation for complaining of violations of college policy. Retaliation includes taking any action which may have any impact on the terms or conditions of employment or education including but not limited to, lowering grades, increasing discipline or assignment, demotion, changes in pay or hours, detrimental changes in job duties or functioning, if such conduct is taken because of the individual’s filing of a complaint under this procedure, whether or not such complaint is determined to be valid. Such retaliation is strictly prohibited by law and by college policy and shall lead to discipline up to and including termination or expulsion. Any person believing that retaliation has taken or is taking place should immediately report the matter to the compliance officer for review and resolution of such complaint.

Approved:
(Signature on File in Policy Office)
Terry A. Calaway, President
Date: 5/8/09

Date of Adoption: 6/19/97
Revised: 9/19/02, 5/8/09