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Notice of Non-discrimination

Dodge City Community College does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities. The following persons have been designated to handle inquiries regarding the non-discrimination policies: Federal Compliance Administrator, 2501 N. 14th Avenue, Dodge City, Kansas 67801, (620) 227-9119 (compliance@dc3.edu) or Director of Human Resources, 2501 N. 14th Avenue, Dodge City, Kansas 67801, (620) 227-9201, (compliance@dc3.edu).

SERIES NUMBER: 431

TITLE:          Students

Student Conduct - Sexual Misconduct Policy

Purpose

Dodge City Community College is committed to providing a productive living and learning community in which students can pursue their educational goals.  Sexual misconduct undermines this commitment and affects the ability of students to focus on their educational goals.  Therefore, Dodge City Community College will not tolerate nor condone any form of sexual misconduct, whether physical, mental, or emotional in nature.

Where there is sufficient information/evidence to believe that the College's policies prohibiting sexual misconduct have been violated, the College will pursue strong disciplinary action through its own student conduct system.  Even if law enforcement and criminal justice authorities choose not to prosecute a particular incident, the College may still pursue the incident as a student misconduct matter.  Where it is determined that sexual misconduct is more likely than not to have occurred based upon a preponderance of the evidence, College disciplinary sanctions may include suspension, expulsion or any other sanction noted in the Student Code of Conduct.

Definitions

Due to the sensitive and sometimes violent nature of incidents involving sexual misconduct the following definitions are provided for informational use by students and for guidance in the investigation and processing of alleged violations.  It is possible that a particular action may constitute sexual misconduct even if not specifically mentioned in these examples:

Sexual Misconduct includes any sexual act that occurs without the effective consent of the other party and includes the following:

1. Sexual intercourse (vaginal, anal or oral penetration)

  • however slight
  • with any object
  • by a male or female whether an acquaintance or a stranger
  • without effective consent

 2. Other sexual contact

  • attempted or actual touching
  • ·of the genitalia, buttocks, breast, or clothing covering same
  • without effective consent

 3. Effective Consent is:

  • informed;
  • freely and actively given;
  • mutually understandable words or actions;
  • which indicate a willingness to participate in mutually agreed upon sexual activity.

Initiators of sexual activity are responsible for obtaining effective consent.  Silence or passivity is not effective consent.  The use of intimidation, coercion, threats, force or violence negates any consent obtained.  Consent is not considered effective if obtained from an individual who is incapable of giving consent due to the following:

  • a mental, developmental or physical disability; or
  • she or he is under the legal age to give consent; or
  • she or he is intoxicated by alcohol, beer or under the influence of other drugs.

Individuals who commit acts of sexual misconduct assume responsibility for their behavior and must understand that the use of alcohol or other drugs does not reduce accountability for their actions.

4. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when:

a. submission to such conduct is made explicitly or implicitly a term or condition of leadership, membership in an organization, student social events, academic standing, or participation in any College activity.

b. submission to or rejection of such conduct by an individual is used as a basis for evaluation, particularly in making employment or academic decisions affecting the individual; or

c. such conduct has the purpose or effect of unreasonably interfering with the other individual's performance or creating an intimidating, hostile, or offensive educational and College environment.

To Report Incidents of Sexual Misconduct or Sexual Harassment

To report an incident of sexual misconduct or sexual harassment, a student should contact the Dean of Student Services, 2501 N. 14th Avenue, Dodge City, Kansas 67801, (620) 227-9119 (compliance@dc3.edu).

Sexual Misconduct Special Concerns

Dodge City Community College encourages the reporting of instances of sexual misconduct.  To assure a proper balance between the rights and interests of the alleged victim of sexual misconduct and the alleged perpetrator of an act of sexual misconduct, and to encourage and foster a positive atmosphere for the prompt reporting and handling of all cases of alleged sexual misconduct, including encouraging alleged victims to testify and otherwise actively participate in the discipline process, the following measures are adopted by the College for application to hearings regarding alleged instances of sexual misconduct:

1. Special Mandatory Rights in Cases Involving Alleged Sexual Misconduct

  • The alleged victim ("student") may have an attorney or advisor present.The role of the attorney or advisor is limited to advising the student.The attorney or advisor may not directly question witnesses or the Judicial Hearing Board.Should the attorney or advisor interfere with the procedure of the Conduct Review Hearing, the College reserves the right to exclude them from the hearing.Students who wish to have an attorney or advisor present must notify the Judicial Hearing Board in writing at least 24 hours in advance.Such notice shall include the name, address and telephone number of the attorney or advisor as well as an authorization for the College to release information to the attorney or advisor.
  • The alleged victim shall be permitted to be present during the entire disciplinary hearing (except during deliberations of the Judicial Hearing Board);
  • The alleged victim shall have the right to be informed of the outcome of the hearing upon its conclusion by the Judicial Hearing Board; and,
  • The person alleged to have engaged in sexual misconduct shall also be afforded all of the rights set forth in this section.

2. Discretionary Procedures

Additionally, in the discretion of the Judicial Hearing Board reviewing a particular case, the following procedures may be deemed appropriate for use in conducting a review hearing regarding a case of alleged sexual misconduct.  The Judicial Hearing Board shall have no duty to grant such measures in any case under review, but should consider the appropriateness of permitting such accommodations:

  • The Judicial Hearing Board may, in its discretion, exclude evidence regarding the past sexual history of the alleged victim from discussion during the hearing.The past sexual history of the alleged victim with persons other than the alleged perpetrator shall be presumed irrelevant; and
  • The alleged victim may be given the opportunity to make a statement to the Judicial Hearing Board regarding the impact that the alleged actions have had in his/her life and educational relationship with the College, if the alleged perpetrator is found to have engaged in sexual misconduct. 

DATE OF ADOPTION:
     February 24, 1993

REVIEW DATE(S):
     April 23, 2013

SERIES NUMBER: 808

TITLE:          Personnel

Employee Complaint and Grievance Policy

Intent and Purpose 

It is the intent and purpose of Dodge City Community College to provide all employees with a fair and efficient process to present and resolve complaints and grievances arising out of the employment relationship except as otherwise provided herein. All employees of Dodge City Community College will have this Complaint/Grievance Policy and related procedures available to them in order to present and resolve employment complaints and grievances.

It shall be considered a serious violation of college policy for any individual to knowingly file a false or malicious complaint or grievance under these procedures. If college officials become aware that such a false or malicious complaint or grievance has been filed, the matter will be investigated under the Grievance Resolution Procedures provided below.  If false or malicious complaint or grievance allegations are substantiated, appropriate disciplinary action, up to and including termination, may be taken.

Definitions for Complaint and Grievance Procedures

The Complaint and Grievance Operating Procedure represents two separate processes established for the purpose of resolving work related complaints and work related grievances. 

A complaint is defined as a negative issue or problem impacting the employee’s workplace or his/her working conditions.  The purpose of the complaint process described herein shall be to provide the opportunity for employees to have work-related problems and complaints heard and considered in a non-adversarial manner.

A grievance is defined as an allegation by an employee that he/she has been adversely affected by a violation of college policy; misunderstanding, miscommunication or misinterpretation of college policy; and/or inconsistent application of college policy.  The grievance process described in this policy will provide college employees the opportunity to resolve alleged violations of college policy, misunderstanding, miscommunication or misinterpretation of college policy, and/or inconsistent application of college policy.

The employee filing a complaint shall be considered the "complainant".

The employee filing a grievance shall be considered the "grievant".

The employee(s) about whom a complaint is made or whose action(s) gave rise to a grievance shall be referred to as the "respondent".

Exclusions to Complaint and Grievance Procedure

The following issues can be addressed through other policies, procedures or agreements and are not subject to this Complaint and Grievance Procedure.

  • Matters covered by the Negotiated Agreement for professional employees.
  • Claims of discrimination, harassment or retaliation (see college policy – Personnel #840 Harassment, Discrimination and Retaliation Policy).

Prompt Reporting of a Complaint or Grievance

Complaints and grievances are best resolved if addressed early. It may be difficult to substantiate the allegations made if brought forward after significant time has passed. In order to ensure that allegations are reported, reviewed and concluded in a timely fashion so that a complaint or grievance can be appropriately resolved, specific time lines have been set forth in this Complaint and Grievance Procedure and will be implemented as soon possible upon written notification of complaint or grievance.

Written complaints and grievances filed under this procedure shall be made within thirty (30) calendar days of the time the alleged action giving rise to the complaint or grievance took place unless good cause is shown for the delay.

Due dates under this procedure shall be calculated based upon calendar days. If the due date specified falls on a weekend or holiday, the next business day will be the due date for the action. While the intent of this procedure is to provide for the prompt reporting and review of a complaint or grievance, these deadlines are not intended to penalize.  As such, either party may request (in writing) a reasonable extension of time for any of the deadlines set forth in this procedure, including the time for making an initial complaint.

Prior to filing a written complaint or grievance, the college encourages employees to seek advice or assistance from their supervisors as workplace concerns arise in order to identify and resolve complaints and grievances at the earliest stage possible.

An employee who believes that actions of another person have given rise to a complaint or grievance should also feel free to inform the respondent of his/her concern, either through verbal or written communication.

If the employee does not choose to address this issue directly with his/her supervisor or the respondent or if discussions do not produce a result acceptable to the employee, then the employee may file a written complaint or grievance with the Human Resources office.

Filing a Written Complaint or Grievance

A complaint filed with the Human Resources Office must be a completed on a written, signed, and dated statement form (available in the Human Resources Office and the college website) that includes specific information sufficient for the matter to be reviewed.

A grievance filed with the Human Resources Office must be a written, signed, and dated statement form that includes specific information sufficient for the matter to be reviewed. 

Two or more employees similarly affected by the alleged work-related complaint or grievance may file a joint complaint or grievance.

Once a complaint or grievance has been filed, the complainant or grievant may not add new considerations to the complaint or grievance.  Only those allegations contained in the original complaint or grievance will be considered.  Any new allegations by the complainant or grievant must be filed as a separate action.  A complaint or grievance can be withdrawn in writing by the complainant or grievant at any stage of the review process.

Once a complaint or grievance has been filed and appropriately reviewed as provided for in this procedure, an employee may not present the same complaint or grievance again in an attempt to gain a more favorable decision.

The filing of a complaint or grievance shall not affect the rights of an employee to seek any external remedy which may be available.  However, the filing of a complaint or grievance does not postpone any deadlines for pursuing such remedies.

Complaint Resolution Procedures

The Complaint Resolution Procedure provides employees the right to have a complaint heard and considered in a non-adversarial manner.  It does not bind the college to a particular outcome or course of action, or in any way limit the college's discretion to determine an appropriate outcome or course of action.

An employee may file a complaint by submitting a written, signed and dated notice of the complaint in accordance with the provisions specified above entitled "Filing a Written Complaint or Grievance".

Upon receipt of the complaint in the Human Resources Office, the Director of Human Resources will review the complaint and, if appropriate, will work with the administrator/supervisor of the complainant, or other appropriate party, to investigate the facts and initiate a discussion/resolution with the complainant and respondent.  Complaint review may include discussions with the supervisor(s) or other college administrators, interviews with other parties/witnesses who may have knowledge of the circumstances surrounding the complaint, and/or use of an external or internal third party to help mediate between the complainant and adverse party.

During the review of a complaint, the reviewing parties shall serve in a neutral role in the process and shall not act in an advocate role for the complainant or the respondent. The role of the reviewing parties will be to thoroughly review the issues as stated in the written complaint and to determine findings based on this review.  Legal counsel may be consulted by the reviewing parties as appropriate.

Human Resources will make every effort to complete its review and determination on a complaint within thirty (30) days unless it is determined by the director of Human Resources that additional time is needed based on the facts presented in the complaint.

When the review is complete, the resolution will be communicated in writing to all parties involved.  The decision of the Director of Human Resources shall be final and the outcome of a complaint review is not grievable.  The complaint review process ends at this point.

Grievance Resolution Procedures

The Grievance Resolution Procedure allows employees an opportunity to resolve alleged violations of college policy; misunderstanding, miscommunication or misinterpretation of college policy; and/or inconsistent application of college policy.  This Grievance Resolution Procedure shall not apply to complaints of any nature that do not directly relate to a policy issue as defined herein.

An employee may file a grievance by submitting a written, signed and dated notice of the grievance in accordance with the provisions specified and entitled "Filing a Written Complaint or Grievance".

Upon receipt of a written grievance, the Director of Human Resources, or a designee, shall review the allegations provided in the grievance and may consult with legal counsel to discuss the allegations.

The Director of Human Resources or designee shall appoint a reviewing officer to review the grievance. The appointed officer may be a college administrator/official or an independent third party retained by the college to conduct the assigned review.  Where appropriate, two parties may be appointed to conduct such review.  The reviewing officer(s) shall not be a party named in the grievance.

The reviewing officer shall initiate a review of the grievance and shall arrange for an interview of the grievant to be held within fifteen (15) days of the filing of the grievance.  The reviewing party shall also meet with the respondent and any other administrators or parties appropriate to resolution of the grievance.  The meetings shall be non-adversarial, and each party is expected to extend serious consideration to the views of the other parties.

If through this review, the reviewing officer determines that the grievance is warranted, the officer shall recommend in writing appropriate steps to correct the grievance.  If the reviewing officer finds that the grievance is unfounded or unwarranted, the officer shall so state this determination in writing.  The written and dated report of the reviewing officer shall be submitted to the Director of Human Resources or designee.  The reviewing officer shall make every effort to complete this review and submit the written report within thirty (30) days of the filing of the grievance.

During this review process, the officer shall serve as a neutral reviewer in the process and shall not act in an advocate role for the grievant or the respondent. The role of the officer will be to thoroughly review the issues as stated in the written grievance and to determine findings based on this review. Legal counsel may be consulted by the officer as appropriate.

Within fifteen (15) days of the date on the report submitted by the reviewing officer, the Director of Human Resources shall provide the grievant, the respondent, and the appropriate supervisor(s) a notice of determination of the outcome of the review and of the recommendations of the officer.  This notice of determination shall also include a reminder that retaliation taken because of the filing of or participation in a grievance review is prohibited and that any such retaliation should be reported immediately.

Should the grievant not be satisfied with the conclusions and/or recommendations of the review then, within fifteen (15) days of the date of the notice of determination, he/she may file a request for review with the President.

Upon receipt of the request for review, the President shall appoint an officer of the college or other appropriate independent party to review the original reviewing officer's report and determine what, if any, appropriate action is required as a result of the findings of the review.  The reviewer may review the grievance, interview the grievant and the respondent, if necessary, and complete such other interviews as may be necessary to make a determination. The reviewer shall complete the review within thirty (30) days.  If additional time is needed to complete this review, the reviewing officer shall notify the grievant and the respondent that the review will be delayed, and indicate the reasons for the delay. At the conclusion of the review, the reviewer shall provide a written report to the President with his/her findings. The President shall consider this report and shall, within fifteen (15) days of receipt of the reviewer's report, inform the grievant and respondent in writing of his/her findings and conclusions.

Should the grievant not be satisfied with the conclusions of the President, he/she shall be permitted to petition the Board of Trustees to consider the matter. Such written petition must be submitted to the Chair of the Board of Trustees within fifteen (15) days of the date on the President's notice of findings and conclusions. Upon receipt of the petition, the Board of Trustees shall have the sole right to choose one of the following options:

  1. The Board of Trustees can decline to consider the matter and let the decision of the President stand.
  2. The Board of Trustees can review the record of the prior proceedings regarding the grievance and issue a decision based on its review of the record.
  3. The Board of Trustees can hear and determine the appeal.

Once a petition is submitted to the Board of Trustees to consider a grievance, the decision and action of the Board of Trustees shall be final.

If the grievance was filed against the President, someone who reports directly to the President or a Board member, the request for review shall be submitted to the College Attorney.  Upon receipt of the request for review, the College Attorney shall appoint an independent, external reviewer to conduct a review.  At the conclusion of this review, the college attorney shall provide the Board of Trustees a report and an accompanying recommendation from the reviewer for the Board's consideration. Following completion of the review of this report, the Board of Trustees shall take any necessary and appropriate action. The action of the Board of Trustees will be final.

Confidentiality

Confidentiality is required of all participants in the Complaint and Grievance resolution process.  All information revealed and all discussions held shall be as confidential as reasonably possible within legal requirements and organizational responsibilities, and within limits allowing for the review to occur.

The college encourages an environment in which individuals can discuss concerns and make the proper authorities aware of certain conduct, including illegal discrimination, harassment or retaliation.  In such matters, however, confidentiality of the information received and the privacy of the individuals involved cannot be guaranteed because of legal obligations to report such matters.  Confidentiality will be protected as much as legally possible, and the expressed wishes of the complainant or grievant regarding confidentiality will be considered in the context of the college's obligation to act upon the complaint or grievance and the right(s) of the respondent to be informed concerning the complaint or grievance.

Retaliation

No employee shall retaliate or discriminate against another employee because of the latter employee's filing of or participating in a complaint or grievance. Retaliation includes taking any action which may have any impact on the terms or conditions of employment including, but not limited to, increasing discipline or assignment, demotion, changes in pay or hours, material changes in job duties or functioning, if such conduct is taken because of the individual's filing of or participation in a complaint or grievance, whether or not such complaint or grievance is determined to be valid. Retaliation due to filing or participating in a complaint or grievance under this procedure is strictly prohibited, whether while the complaint or grievance is pending or any time thereafter.  Active retaliation shall lead to discipline/sanctions up to and including termination.  Any person believing that retaliation has taken or is taking place should immediately report the matter as provided herein.

DATE OF ADOPTION:
     December, 1985                                 

REVIEW DATE(S):
     April, 1987
     May, 1990
     March, 2014

SERIES NUMBER: 840

 TITLE:          Personnel

 Harassment, Discrimination and Retaliation Employment Policy

Illegal discrimination, harassment and retaliation are prohibited.  As such, Dodge City Community College has established both formal and informal procedures to report complaints of illegal discrimination, harassment or retaliation.

Notice of Nondiscrimination

Dodge City Community College is a place where freedom of expression and civility are encouraged.  In valuing diversity, the college recognizes the individual differences based on unique ethnic, cultural, gender and political backgrounds, and the differences represented by staff in age, education and physical ability.  In a diverse environment, it becomes the responsibility of each employee to respect these individual differences and to refrain from imposing personal viewpoints on other staff or students.

All personnel policies of the Dodge City Community College shall be applied without regard to a person's race, color, age, sex, religion, marital status, national origin, disability, veteran's status, sexual orientation or other factors which cannot be lawfully considered, to the extent specified by applicable federal and state laws.

Dodge City Community College does not discriminate on the basis of sex, race, color, national origin, disability, age, religion, marital status, veteran's status, sexual orientation, or other factors that cannot be lawfully considered in its programs and activities as required by all applicable laws and regulations.  Inquiries concerning the College's compliance with its non-discrimination policies may be referred to the Federal Compliance Administrator, 2501 N. 14th Avenue, Dodge City, Kansas 67801, (620) 227-9119 (compliance@dc3.edu) or the Director of Human Resources, 2501 N. 14th Avenue, Dodge City, Kansas 67801, (620) 227-9201 (compliance@dc3.edu).

Prohibited Activity

The person alleged to have engaged in unlawful harassment, discrimination or retaliation shall be considered the "respondent" throughout this procedure.  The person to whom the alleged unlawful harassment, discrimination or retaliation is directed shall be considered the "complainant" throughout this procedure.

The Board of Trustees of the Dodge City Community College is committed to providing a working environment free from harassment, discrimination and retaliation.  Specifically, the college and its employees shall not participate in any harassment, discrimination or retaliation based on any legally protected class of individuals as described in the Notice of Non-Discrimination above.

Examples of prohibited conduct include, but are not limited to, the following:

  • Sexual harassment, defined to include unwelcome sexual advances, requests for sexual favors, and other verbal, physical or visual unwelcome conduct of a sexual nature.
  • Harassment or discrimination based on race, gender, national origin, or other legally protected class, defined to include verbal, physical or other conduct of a nature, which is offensive to a person.
  • Retaliation against any person for filing a charge or complaint of prohibited conduct.
  • Retaliation against the respondent.

Prohibited harassment or discrimination includes any conduct or behavior of an inappropriate nature where:

  • Submission to the conduct is made either explicitly or implicitly a term or condition of employment; or
  • Submission to or rejection of the conduct which is used, threatened or suggested to be used as a basis of employment-related decisions, including but not limited to promotion, pay, discipline, work assignments or which affects other terms and conditions of employment; or
  • Such conduct has the purpose or effect of substantially interfering with the work performance, or creating a hostile, intimidating or offensive atmosphere.

Persons violating this policy will face strict discipline up to and including termination.

Any person believing that he or she has been subject to prohibited harassment, discrimination, or retaliation as set forth in this policy shall utilize the Complaint Procedure as set forth below.

Prompt Reporting

Discrimination, harassment or retaliation complaints are best resolved if addressed early.  It may be difficult to substantiate the allegations made in a complaint brought after significant time has passed.  The time lines set forth in this procedure 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.  Complaints under this procedure shall be made within 180 days of the time the alleged conduct took place unless good cause is shown for the delay. 

Duty to Report

If an employee believes that he/she has been subjected to illegal discrimination, harassment or retaliation, it shall be the duty of that employee to report such conduct as provided herein.  In addition, all employees of the college holding a designated supervisory position (as determined by the listing maintained in Human Resources for Supervisor Evaluation purposes) shall have a duty to report any conduct of which they become aware.  All other employees with direct knowledge of such conduct are encouraged to report knowledge of any illegal conduct involving discrimination, harassment or retaliation.  The procedure for reporting is described below.

Reporting Procedure

An employee who feels that he or she has been subjected to illegal discrimination, harassment or retaliation should feel free to inform the respondent, either through verbal or written communication, that the behavior is unwelcome and should cease.  If the employee does not feel comfortable in addressing this issue directly with the respondent or, if discussions do not produce a result acceptable to the employee, then the employee should make a complaint as provided by this procedure. 

Except as required in Duty to Report above, a witness who directly observes illegal discrimination, harassment or retaliation may address it directly with the respondent through verbal or written communication stating that the behavior is inappropriate and should cease.  If the witness does not feel comfortable in addressing this issue directly with the respondent, he/she may file a complaint as provided by this procedure.  If the witness files the original complaint under this procedure, this person shall not be considered the complainant for purposes of this procedure.

An employee, supervisor or witness may make the report under this procedure to the Director of Human Resources.  Alternatively, an employee, supervisor or witness may make the report under this procedure to the Office of Human Resources, to any Dean or Vice President, to the Federal Compliance Administrator or to any Department Director.  A listing of the persons designated to receive the reports will be maintained in the Office of Human Resources.

The initial complaint can be either written or verbal, directed to the Director of Human Resources who may be reached at (620) 227-9201, 2501 N. 14th Avenue, Dodge City, Kansas 67801, dwetmore@dc3.edu, or compliance@dc3.edu.  If a written complaint is submitted to the Office of Human Resources, it must include a specific description of the conduct complained of, identify the party or parties involved, and specify the date(s) and circumstances under which the alleged offensive or inappropriate conduct occurred.  The complaint must also include an explanation of why the employee believes the alleged actions constitute discrimination, harassment or retaliation.  The written complaint shall be dated and signed to acknowledge completeness and accuracy.  If the complaint is submitted via email, it shall be in accordance with the rules established for such reporting.

Any supervisor receiving an anonymous complaint, either verbally or in writing, shall immediately send notice of the complaint to the Director of Human Resources.

If the complaint is against the College President or anyone reporting directly to the President, the reporting party should make the report under this procedure directly to the Chair of the Board of Trustees or the College Attorney.  If the complaint is against any member of the Board of Trustees, the reporting party should make the report directly to either the College President, College Attorney or any other member of the Board who is not the subject of the complaint.

For purposes of this procedure, it is assumed that a report recipient is not a respondent.  In the event a person designated by this procedure to receive a report is a respondent in the complaint, the report shall be directed to another appropriate official.

Once a report is received by the Director of Human Resources, it shall be processed in accordance with the rules for such reporting.

Deadlines  

Due dates under this procedure shall be calculated based upon calendar days.  If the due date specified falls on a weekend or holiday, the next business day will be the due date for the action.  Either party may request a reasonable extension of time for any of the deadlines set forth in this procedure, including the time for making an initial complaint.  While the intent of this procedure is to provide for the prompt reporting and investigation of claims of unlawful conduct, these deadlines are not meant to penalize.  Therefore, failure to comply with the deadlines set forth herein will not invalidate a complaint, investigation or discipline.  During the pendency of a complaint, the College may delay or suspend other employment actions, including offering contracts, until a final determination of the complaint has been made.

Retaliation

The College's commitment to eradication of any sort of illegal discriminatory or harassing conduct includes prohibiting actions taken in retaliation for complaining of violations of College policy.  Retaliation includes taking any action which may have impact on the terms or conditions of employment including, but not limited to, increasing discipline or assignment, demotion, changes in pay or hours, material 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.  Employees are assured that retaliation due to filing a complaint under this procedure is strictly prohibited by law and by College policy and shall lead to discipline up to and including termination.  Any person believing that retaliation has taken or is taking place should immediately report the matter as provided herein.

It shall be considered a violation of College policy for any individual to knowingly file a false or malicious complaint of discrimination, harassment or retaliation.  If the College believes that such a false or malicious complaint has been filed, the matter will be investigated under the Formal Procedure review process of this procedure.

Complaint Resolution Procedure

Dodge City Community College has established both formal and informal procedures to resolve prohibited discrimination, harassment or retaliation complaints.  Usually, complaints are most effectively addressed at the earliest possible stage.  An employee who feels that he or she has been subjected to illegal discrimination, harassment or retaliation should feel free to inform the respondent, either through verbal or written communication, that the behavior is unwelcome and should cease.  If the employee does not feel comfortable in addressing this issue directly with the respondent or, if discussions do not produce a result acceptable to the employee, then the employee shall file a complaint.

After the complainant has filed a complaint in compliance with the Reporting Procedure section of this policy, the written complaint will be submitted to the Director of Human Resources or the College Attorney, whichever is appropriate.  A designated officer will meet with the employee to review the options for resolving this complaint.  At this initial meeting, the complainant can request that either the Informal Procedure or Formal Procedure be followed.  Based on this interview, or at any other time while the Informal Procedure is being pursued, the officer or complainant may elect to move the complaint to the Formal Procedure if circumstances are determined to merit a more complete investigation.

Under either the Informal Procedure or Formal Procedure review process, all involved parties have a duty to cooperate with the review or investigation, and they are not to knowingly impede, obstruct or delay the progress of the review.  In particular, both the complainant and the respondent have the responsibility to provide all relevant information and facts to the matter under review.

Informal Procedure

If the Informal Procedure is elected, the officer will contact the appropriate administrator who supervises the respondent.  The officer and designated administrator will meet with the complainant to review the complaint; they will discuss the allegation(s) with the respondent, and identify solutions to the complaint.   If both parties to the complaint agree to a solution(s), this solution(s) shall be written, signed and dated by both parties to acknowledge that they agree with the solution and agree to maintain the confidentiality of the matter to the extent possible.  The Informal Procedure review shall be concluded within a period of thirty (30) calendar days of receipt of the complaint.  If a written resolution is reached during the Informal Procedure review, the complaint review process ends at this point.

Within sixty (60) days and again within six (6) months following completion of an Informal Procedure review, the administrator shall make contact with the complainant and the respondent to determine the status of the resolution.  The administrator will report the results of these follow-up inquiries to Human Resources in writing.

During the Informal Procedure review process, all parties involved in processing the complaint, including but not limited to the Director of Human Resources and administrator shall each serve as a neutral procedural facilitator in the process and shall not act in an advocate role for the complainant or the respondent.  The role of the reviewing officers will be to communicate the issues and identify potential solutions.  The College Attorney may be consulted by the reviewers as appropriate.  In the event a person designated by this procedure to receive or review a report is the respondent 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.

If the complainant does not agree with a solution reached during the Informal Procedure, the complainant shall, within ten (10) calendar days of the conclusion of the Informal Procedure review, request in writing that the complaint be investigated through the Formal Procedure.

Formal Procedure

Under the Formal Procedure, the Director of Human Resources should proceed under the following guidelines:

Upon receipt of a complaint the Director of Human Resources, or a designee, shall review the allegations provided in the complaint and may consult with the College Attorney to determine the appropriate action required.  If it is determined the complaint has sufficient probable cause to be investigated under the College's Discrimination, Harassment or Retaliation Complaint Procedure, the Director of Human Resources shall appoint an investigator to investigate the complaint.  The appointed investigator may be a College employee or a third party retained by the College to conduct the assigned investigation.  Where appropriate, two parties may be appointed to conduct such investigation.

The investigator shall promptly initiate an investigation of 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 respondent shall be given the opportunity to respond in writing to the allegations within seven (7) days of notification of the complaint.  All parties in the investigation shall be advised that information surrounding the complaint is to be kept confidential.  Witnesses and the respondent shall be advised that retaliation against a complainant is strictly prohibited and may lead to discipline up to and including termination.  Additionally, the respondent shall refrain from contacting potential witnesses until the investigation is complete.

The investigator shall summarize the findings in a report to the Director of Human Resources and to the supervisor of the respondent employee within ninety (90) days from receipt of the complaint or from the closure of the Informal Procedure review, whichever is later.  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) days upon approval of the Director of Human Resources.  If the extension is granted, the parties to the complaint will be so notified.

The Director of Human Resources shall review the investigators report and shall, if warranted, make a written recommendation to the college President regarding any corrective action, discipline or other employment action to be taken. The President makes the final decision regarding any action to be taken. Not every complaint will necessarily warrant corrective action or discipline.  However, if the investigation reveals that discrimination, harassment or retaliation has occurred, the respondent will be subject to strict discipline up to and including termination.

During the Formal Procedure review process, the investigator and all other parties involved in processing the complaint shall serve in a neutral role in the process and shall not act in an advocate role for the complainant or the respondent.  The role of the investigator will be to thoroughly investigate the issues as stated in the written complaint and to determine findings based on this review.  The College Attorney may be consulted by the investigator as appropriate.  In the event a person designated by this procedure to receive or review a report is the respondent 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. 

Within ten (10) days of receipt of the investigators report, the Director of Human Resources shall notify the complainant and the respondent of the outcome of the investigation and provide them with a summary of the investigation report.  The complainant and the respondent shall also be reminded that retaliation taken because of the filing of a complaint is prohibited and that any such retaliation should be reported immediately.

Should the complainant not be satisfied with the conclusions of the investigation then, within ten (10) days of the date of the notice of determination, he/she may request review of the determination.  If the complaint was filed against an employee other than the President, a direct report to the President, or a Board member, the request for review shall be submitted to the President.  Upon receipt of the request for review, the President shall designate an employee of the College who has received policy enforcement training to review the investigator's report and determine what, if any, appropriate action is required as a result of the findings of the investigation.  The reviewer may review the complaint, interview the complainant and the respondent, if necessary, and complete such other interviews as may be necessary to make a determination.  The reviewer shall complete the review within fourteen (14) days.  If additional time is needed to complete this review, the reviewing officer shall notify the complainant and the respondent that the review will be delayed, and indicate the reasons for the delay.  The reviewer of the investigator's report shall provide a report to the President with his/her findings.  The President shall consider this report and shall inform the complainant of his/her findings and conclusions.  The decision of the President will be final. 

If the complaint was filed against the President, someone who reports directly to the President or a Board member, the request for review shall be submitted to the College Attorney instead of the President.  Upon receipt of the request for review, the College Attorney shall appoint an external third party who shall serve as an investigator to conduct a review pursuant to the Formal Procedure set forth herein.  At the conclusion of this review, the College Attorney shall provide the Board of Trustees a report and an accompanying recommendation from the reviewer for the Board's consideration.  Following completion of the review of this report, the Board of Trustees shall take any necessary and appropriate action.  The action of the Board of Trustees will be final.

Disciplinary actions resulting from this complaint procedure may be appealed by the employee in accordance with the Dodge City Community College Personnel Policies.

Confidentiality

Employees seeking general information or guidance about sexual harassment may be concerned about whether the information they share will be confidential.  While the College desires to create an environment in which individuals can discuss concerns and make complaints, legal obligations may require the College to take action once it is informed that illegal discrimination, harassment or retaliation may be occurring.  Therefore, although the confidentiality of the information received and the privacy of the individuals involved cannot be guaranteed, they will be protected to as great an extent as possible while still allowing for appropriate and necessary investigation of the matter to occur.  The expressed wishes of the complainant regarding confidentiality will be considered in the context of the College's obligation to act upon the charge and the right of the respondent to be informed concerning the charge.

Policy Enforcement Training

Dodge City Community College shall train all staff who are selected as an investigator in the Formal Procedure review process.  These staff, and all other administrators identified in the Reporting Procedures section as officials authorized to receive a complaint, shall be provided appropriate training.  The College shall determine the appropriate training required of these College employees and shall provide for periodic, required training and updates.  An investigator selected from outside the College shall have demonstrated expertise in conducting such investigations.

All other supervisors, as designated in the Duty to Report section of this procedure, shall receive periodic training through the Office of Human Resources or the Office of Federal Compliance.

DATE OF ADOPTION:
     February 24, 1993

REVIEW DATE(S):
     October 22, 2013

Policies and Procedures for Granting Accommodations for Students with Disabilities

General

Dodge City Community College is dedicated to the belief that students with disabilities should have equal opportunity to develop and extend their skills and knowledge. We strive to maintain a least-restrictive environment and provide appropriate support services necessary to ensure your access to our educational programs.  We encourage you to communicate your needs and utilize all available resources.

Services and Accommodations Provided by DCCC

Services are dependent on the students’ needs and may include assistive technology, sign language interpreters, test accommodations and preferential seating.  As a resource, we also encourage the use of the Academic Success Center (ASC) for study skills and time management strategies as well as tutoring services.

How to Receive Accommodations

  1. Prior to enrolling in classes at DCCC, contact our Director of Admissions.You will need to request accommodations in writing before the beginning of each semester. You may email aontiberos@dc3.edu, call 620-227-9217 or stop by the Student Union and ask for Alisha Ontiberos.
  2. Provide documentation (psychological, educational, or medical evaluations).You may submit the documentation in person or mail to:

    Dodge City Community College
    Attn: Alisha Ontiberos
    2501 N 14th Ave
    Dodge City, KS 67801

  3. After you have arranged your schedule for the semester and prior to the first day of classes, provide a copy of your granted accommodations letter given to you by the Director of Admissions.
  4. Arrange a meeting with each of your instructors to give him or her your accommodations letter and discuss your accommodations specific to their class.We recommend that you meet with instructors during office hours or after class as before and during class are not typically times when a teacher can give full attention to the matter.

Testing Center Information

Our Testing Center is available form 8-5 Monday-Friday, with late night testing until 8 pm on Tuesdays.  The center has a handicap accessible testing station available. If you have been granted testing accommodations (i.e. a reader, extended time), contact the Testing Center at 620-227-9357 24 hours prior to test administration.

DCCC complies with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973