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I. Coverage

These procedures cover complaints alleging sexual harassment or discrimination based on race, color, sex, sexual orientation, age, marital status, national origin, religion, disability, genetic information, or veteran status. Complaints by college employees and students, relating to discrimination or sexual harassment, shall be presented to the Federal Compliance Officer.

II. Students

If the accused is a student, the matter shall be subject to the student discipline code contained in the College Catalog. In all other instances, the complaint procedures detailed herein shall apply.

III. Procedures for Filing Complaints of Sexual Harassment or Discrimination

A. Informal

1. Employees or students who believe they have been or are being subjected to discrimination or sexual harassment are encouraged to communicate with the individual alleged to have discriminated or harassed them and clearly and promptly notify them that their behavior is inappropriate and should cease.

2. If the issue is not resolved, the employee or student subjected to discrimination or sexual harassment should speak to his or her supervisor.

3. If assistance is required, the employee or student should notify the Federal Compliance Officer that they have been or are being subjected to discrimination or sexual harassment and need assistance. Upon notification, the Federal Compliance Officer shall: a) discuss with the employee or student the details of the complaint, b) provide a copy of these Discrimination and Sexual Harassment Complaint Procedures to the complainant, c) counsel the complainant as to his or her procedural rights, and d) request the complainant to submit via email a brief, written statement of facts supporting the allegation of discrimination or harassment. Whenever possible, the Federal Compliance Officer shall meet with the complainant in person to discuss the matter.

4. Upon receipt of the complainant’s written statement of facts, the Federal Compliance Officer shall attempt to resolve the issue through informal means with the involved parties. This may include investigation of allegations and recommendations by the Federal Compliance Officer, discussions and meetings with the parties, mediation sessions or other forms of dispute resolution with an aim towards resolving the matter. If an agreement between the parties is reached, the Federal Compliance Manager shall prepare a memorandum of understanding to be signed by the parties and the Federal Compliance Officer. The matter shall then be concluded and the Federal Compliance Officer shall retain a copy of the agreement. If the matter is not resolved, informally by agreement or pursuant to recommendations by the Federal Compliance Officer, the Complainant may file a formal complaint under paragraph B. If the complainant chooses not to file a formal complaint, the Federal Compliance Officer shall take no further action.

B. Formal Complaint/Resolution

1. Filing Procedure
To initiate a formal complaint of discrimination or sexual harassment an employee or student shall submit to the Federal Compliance Officer a typewritten Complaint to include the following: a) detailed description of all facts, including dates, in support of the alleged act(s) of discrimination or sexual harassment, b) the name of the individual(s) who allegedly committed the act(s), c) the names of all individuals who have relevant information concerning the alleged acts(s) including where applicable, their school name, department, address, and phone number. The complainant shall attach to the Complaint submitted to the Federal Compliance Officer all documents, including emails, in support of the allegation of discrimination or sexual harassment.

The Complaint shall be dated and filed with the Federal Compliance Officer no later than forty-five (45) days from the date of the alleged act(s) of discrimination or sexual harassment. If the alleged act(s) of discrimination or sexual harassment are continuous, the complainant shall file the Complaint at the earliest possible time, but no later than forty-five (45) days from the date of the last alleged act of discrimination or sexual harassment. A complaint not filed within forty-five (45) days of the last alleged act of discrimination or sexual harassment shall not be considered by the Federal Compliance Officer. Upon the filing of a Complaint the Federal Compliance Officer shall date and time stamp the Complaint and provide the complainant with evidence of the filing time and date.

Upon initiation of a formal Complaint, both the complainant and respondent shall make every reasonable effort to keep the matter confidential and shall not discuss the matter with others.

2. Actions of the Federal Compliance Officer
Upon the filing of a complaint, the Federal Compliance Officer shall take the following actions:

a. Inform the President and appropriate Vice President of the Complaint.

b. Provide a copy of the Complaint to the individual alleged to have discriminated or sexually harassed the complainant, his or her Dean or the person who reports directly to the Vice President within three (3) working days from the date of filing.

c. Request the individual accused of discrimination or sexual harassment to respond to the Complaint in writing within five (5) working days of his or her receipt of the Complaint. The response shall be filed with the Federal Compliance Officer and shall specifically address the facts supporting the Complaint providing the names of all individuals who may have relevant information concerning the matter and, if available, the school, department, addresses and phone numbers of those individuals. All documents, including emails, in support of the response shall be attached to the response filed with the Federal Compliance Officer. Upon filing of the response, the Federal Compliance Officer shall date and time stamp the response and provide the respondent with evidence of the filing time and date.

d. Provide a copy of the response to the complainant, respondent’s Dean or the person who reports directly to the Vice President within three (3) working days from the date of filing.

e. Initiate an investigation into the facts regarding the alleged discrimination or sexual harassment no later than five (5) working days from receipt of the response to the Complaint or the date of expiration of the time to file a response. This investigation should include communication with the complainant, respondent, individuals who may have relevant information concerning the alleged act(s), review of all documents attached to the complaint and response and other documents that may be relevant to the matter. Only individuals listed in the Complaint and/or response as having relevant information may be communicated with by the investigator, the Federal Compliance Officer The investigation shall be concluded no later than thirty (30) working days from the date of its initiation. The Federal Compliance Officer shall use all efforts to complete the investigation in less than the thirty-day period. If the investigation is to take longer than thirty (30) working days, the Federal Compliance Officer shall notify the complainant, respondent, respondent’s Dean or the person who reports directly to the Vice President in writing stating the reason(s) for the delay and the date that the investigation shall be completed.

3. Investigation Report/Decision of the Dean or Person who Reports Directly to the Vice President

a. Within ten (10) working days from concluding the investigation, the Federal Compliance Officer shall prepare a written report. The report shall include a discussion of the allegations, the response, relevant documents, and the investigation and shall contain findings of facts and recommendations. A copy of the report, with all relevant documents attached, shall be provided to the complainant, respondent, respondent’s Dean or the person who reports directly to the Vice President.

b. No later than ten (10) working days from receipt of the report, the Dean or person who reports directly to the Vice President shall issue a written decision accepting, rejecting, or modifying the findings and/or recommendations of the Federal Compliance Officer. This decision shall be based on his/her review of the Federal Compliance Officer’s report and relevant documents attached. A copy of the decision shall be provided to the Federal Compliance Officer, who shall provide a copy to the complainant, respondent, respondent and the complainant’s supervisor/chair. The Federal Compliance Officer shall record the time and date that the Dean’s or person reporting to the Vice President’s decision is provided to the complainant and the respondent.

4. Status Reports to the President
The Federal Compliance Officer shall keep the President informed and copied on all documentation regarding the status of all formal complaints filed under this section and appeals, if any, filed under Section III, below.

IV. Appeal

A. Either the complainant or the respondent shall have a right to appeal the decision of the Dean to his/her Vice President. An appeal shall be in writing and provide the specific basis for the appeal. The appeal shall be filed with the Vice President within ten (10) working days from the date the appellant receives the decision of the Dean. The Office of the Vice President shall date and time stamp the appeal. If an appeal is not filed within this time period, it shall not be allowed and the decision of the Dean or person reporting to the Vice President shall be final. A copy of the appeal shall be provided to the Federal Compliance Officer, who shall provide a copy to the Dean, the non-appealing party, and the President. The Federal Compliance Officer shall record the time and date that the appeal is provided to the non-appealing party, the Dean or the person who reports directly to the Vice President.

B. The appellee shall have the right to file a written response to the appeal with the Vice President’s office within five (5) working days of the receipt of the appeal. The Vice President’s office shall time and date stamp a copy of any response with a copy provided to the Federal Compliance Officer, who shall provide a copy to the appellant and Dean or the person who reports directly to the Vice President.

C. Upon the filing of an appeal, the Federal Compliance Officer shall provide the Vice President with a copy of all documents that were provided to the Dean prior to rendering his/her decision. Within fifteen (15) working days of the filing of appellee’s response or the expiration of the time to file a response, the Vice President shall issue a written decision accepting, rejecting, or modifying the findings and/or recommendations of the Dean. The Vice President’s decision shall be based on his/her review of all relevant documents, the investigation, the report of the Federal Compliance Office, and the decision of the Dean or the person who reports directly to the Vice President. A copy of the Vice President’s decision shall be provided to the Federal Compliance Officer, who shall provide a copy to the appellant, appellee, appellant’s and appellee’s supervisor/chair, Dean or the person who reports directly to the Vice President. The Vice President’s decision shall be final.

V. Complaints Against Certain Employees

If a complaint is filed against a student employee, the Director of Counseling, Advising and Retention Services, shall determine the outcome after receiving the report from the Federal Compliance Officer, with the Dean for Student Services deciding any appeal. If a complaint is filed against a student employee who does not have a dean then his or her director or the person in a position directly reporting to a Vice President shall determine the outcome after the report from the Federal Compliance Officer, with the Vice President deciding any appeal.

If a complaint is filed against the Federal Compliance Officer, the Director of Human Resources and his or her office shall take all actions required of the Federal Compliance Officer under these procedures. If a complaint is filed against a Dean, his or her Vice President shall determine the outcome after the report from the Federal Compliance Officer , with the President deciding any appeal. If a complaint is filed against a Vice President, the President shall determine the outcome after the report from the Federal Compliance Officer, which decision shall be final.

If a complaint is filed against the President, it shall be filed with the Chair of the Board of Trustees, who shall provide the President with a copy. The Board shall request the President to respond to the complaint in writing, within ten (10) working days of his or her receipt of the complaint. Within five (5) working days of receipt of the President’s response or after the time has expired to respond, the Board of Trustees shall initiate an investigation, which shall be concluded within thirty (30) working days, and within fifteen (15) days thereafter, the Board of Trustees shall render a written decision through its Chair. A copy of the Board’s decision shall be provided to the President, complainant and the Federal Compliance Officer. The Board’s decision shall be final.

VI. Tenured Faculty

A. If a tenured faculty member is involved under these procedures and issued a major sanction under 4.9.4.5 as a result thereof, he or she shall be entitled to request a hearing in accordance with Section 4.9.4.5(B) of the College Manual. The time limits required under 4.9.4.5(B) shall apply. If the tenured faculty member requests a hearing under 4.9.4.5(B), then the five (5) working days under Section 4.9.4.5(B)(1) shall run from the date of receipt of the President’s decision hereunder.

B. The Chair of the Major Sanction Review Committee shall be provided with a copy of the decisions issued under these proceedings as well as all relevant documents and materials regarding this matter.

VII. Exigencies

Anne Arundel Community College is responsible for protecting the health and safety of its students, faculty and staff. Therefore, if circumstances warrant, the College may take interim administrative action consistent with the College Manual prior to the conclusion of informal or formal complaint procedures listed above. Such action may range from slight restrictions to suspension of the alleged wrongdoer.

VIII. Protection of Parties Involved in These Proceedings

Reasonable attempts for confidentiality of both parties shall be maintained at all times. Similarly, both parties shall be treated respectfully and sensitively at all times.

IX. External Procedures

Complaints may be filed externally with the U.S. Equal Employment Opportunity Commission, or any other proper authority having jurisdiction over discrimination or harassment allegations regarding their race, sex, sexual orientation, national origin, religion, disability, or Vietnam Veteran status. However, it is the hope of the College that matters can be satisfactorily resolved internally.

X. Sanctions

Sanctions allowed under these procedures may include, but are not limited to, relocation of a party/parties, denial of a salary increase, reassignment, suspension, termination or any other appropriate action in the sole discretion of the College. If the sanction imposed, under these procedures, on a tenured faculty member is considered a minor sanction under Section 4.9.2 of the Teaching Faculty Manual, the tenured faculty member’s right of appeal shall be limited to those appeal rights outlined herein. If the sanction imposed is considered a major sanction under Section 4.9.4 of the Teaching Faculty Manual, then in that event, after the faculty member has exhausted his/her right of appeal under these procedures, the Vice president, upon issuing his/her decision imposing the major sanction, shall follow the requirements of Section 4.9.5 of the Teaching Faculty Manual and the sanctioned faculty member shall be afforded the rights provided under Section 4.9.44 etc. of the Teaching Faculty Manual.

XI. False or Malicious Complaints/Retaliation

False allegations or retaliation for making complaints shall not be tolerated. Complainants found to be dishonest in making the allegations or to have made them maliciously or individuals who retaliate against the complainant for making a complaint are subject to sanctions.

XII. Supervisory/Faculty Failure to Report Allegations

Any supervisor or faculty member who fails to report a complaint of sexual harassment to the Federal Compliance Officer shall be subject to sanctions up to and including termination consistent with disciplinary procedures as outlined in the College Manual.