Purpose and Scope
St. Louis Community College (the “College”) is committed to providing all students with an educational environment free from discrimination and harassment and is an equal opportunity program. Consistent with Board Policies B.09 Nondiscrimination as Related to Admissions, Educational Programs, Activities and Employment, B.13 Sex Discrimination, and B.14 Civility Policy (the “Policies”) the College strictly prohibits all forms of harassment and does not discriminate, or permit discrimination, on the basis of race, color, national origin, ancestry, religion, sex, pregnancy, family status, marital status, sexual orientation, gender, gender identity, gender expression, age, disability, veteran status, genetic information, or any other status protected by applicable state or federal law in any program or activity offered or sponsored by the College. Sex discrimination encompasses sexual harassment, which includes sexual violence, and is strictly prohibited by Title IX of the Education Amendments of 1972.
Accordingly and consistent with Board Policy B.11.3 Complaints of Discrimination or Harassment, the College has established these procedures for purposes of processing all student-involved complaints of discrimination or harassment not better resolved with other College procedures, except that allegations of sexual harassment as defined by Title IX (including sexual assault, domestic violence, dating violence, and stalking), will be processed in a manner consistent with Board Policy B.13 Sex Discrimination Title IX Sexual Harassment Policies and Procedures for Employees and Students.
The purpose of these procedures is to provide a prompt and effective process to reduce, remove, and remedy any complaint of discrimination that interferes with student access to the College’s educational programs, activities, and resources based on a protected class. Complaints regarding classroom management or instruction, student code of conduct violations, grade appeals, and other academic disputes will not be resolved through this policy unless said concerns are a result of discriminatory actions.
Discrimination can take many forms. Examples can include but are not limited to: a) intentionally treating people in similar situations differently based on their real or perceived membership in a protected group (disparate or differential treatment); b) when a policy or practice intended to be neutral negatively affects members of a protected class (disparate impact); c) severe and pervasive conduct towards others based on their real or perceived membership in a protected group that exclude or deny access to College programs or activities; or d) failing to provide an accommodation approved by the appropriate College representatives.
It is the intent of this procedure that complaints be resolved, when possible, in the program or department where the alleged violation occurred. After completion of an investigation, remedies for findings of discrimination will be determined in coordination with the direct supervisor and Human Resources based on the specific facts and findings of the case, but may include discipline up to termination for any employee found in violation of non-discrimination policies. This procedure does not apply to the following types of complaints, as other procedures exist:
- Administrative withdrawal
- Employee grievances
- Grade appeals
- Student code of conduct violations
- Student record challenges
- Complaints of classroom management or instruction
- Title IX sexual harassment
Circumstances that may require resolution through more than one appeal procedure will be assessed and evaluated on a case-by-case basis.
Jurisdiction
The College has jurisdiction over complaints when they occur on a College premise, at College sponsored events/programs/activities, on a campus or property owned or controlled by the College, through College owned or controlled technologies or networks, or off campus if they adversely affect a substantial College interest, as determined by the Director for Community Standards/Title IX Coordinator (or designee).
These procedures apply to conduct perpetrated by faculty, staff, employees, and third party contractors. Conduct that names a student respondent may be managed within the Student Code of Conduct Procedure, Board Policy/Administrative Procedure G.19.
Contractors, volunteers, and other third parties are also required to comply with college non-discrimination policies while performing services for the College or while on College property. Allegations involving conduct by individuals that are not employees or students of the College may, at the discretion of the College, be resolved under other relevant contracts, agreements, policies, and laws available to the College.
Definitions
Advisor:
An individual appointed by a party as a support resource to participate in meetings, investigatory interviews, etc. that are a part of this investigation and resolution procedure. The advisor is not permitted to speak on behalf of the party and is expected to maintain confidentiality of all information discussed during the proceedings.
Business Day:
A day that the college is open for normal business operations and excludes weekends, holidays, unexpected closures, and breaks.
Campus Equity Officer:
The individual (usually a Student Affairs Vice President) responsible for oversight of student equity and access on the campus. Provides support and information to students wishing to file discrimination/equity complaints.
Complainant:
The individual(s) impacted by the alleged discriminatory conduct.
Confidentiality:
Information shared with certain campus or community individuals cannot be revealed to any other party without the express permission of the complainant/alleged victim except for in circumstances permitted by law.
Confidential Resource:
The individual(s) designated by the College (Counselors and Student Advocacy & Resource Center Coordinators) permitted to maintain confidentiality of allegations. Information shared with confidential resources will only be disclosed to other College officials or any other person with the student’s express written permission, unless there is an imminent threat of serious harm to the individual or to others, or a legal obligation to reveal such information.
Director for Community Standards/Title IX Coordinator:
The individual designated to oversee the investigation, mediation, and processing of complaints brought under this procedure.
Discrimination:
A policy, practice, action, or inaction that is based upon an individual’s race, color, national origin, ancestry, religion, sexual orientation, pregnancy, age, disability, protected veteran status, or any other status protected by applicable state or federal law that adversely affects a term or condition or employment, education, or participation in a college activity or program.
Harassment:
Verbal, written, or physical conduct based on belonging to a specific protected class that creates a hostile environment by being sufficiently severe or pervasive and objectively offensive that it interferes with, limits, or denies the ability to participate in or benefit from the College’s educational programs, activities, or employment.
Investigator:
The individual(s) designated under these procedures who conduct an investigation and draft a report. The College reserves the right to hire external investigators on an as-needed basis.
Preponderance of the Evidence:
The burden of proof utilized in College investigations. This burden is met when credible information demonstrates that it is more likely than not that a policy violation occurred.
Privacy:
Information related to a complaint and investigation under these procedures will only be shared with individuals who “need to know” in order to ensure a full and fair investigation and efficient and timely resolution of a complaint. Investigations within this procedure are private and not confidential.
Respondent:
The individual(s) alleged to have engaged in discriminatory or retaliatory conduct in violation of College non-discrimination policies.
Retaliation:
Adverse actions intended to disrupt, disturb, or otherwise discourage participation in any College process. Retaliatory acts may include, but are not limited to a) Adverse action relating to participation in a class or educational program; b) Unreasonably interfering with the academic experiences of another individual; c) Engaging in conduct which constitutes stalking, harassment, or assault as defined within College policy and procedure; and/or d) Engaging in efforts to have others engage in retaliatory behavior on one's behalf.
Student:
Any person admitted to the college and/or registered in credit, non-credit, continuing education, or workforce solutions programs.
Obligations of Reporting
The College can only respond to specific instances and allegations of discrimination and/or harassment if its officials are aware of such occurrences. Therefore, the College encourages anyone who believes that they have experienced or witnessed acts of discrimination and/or harassment to promptly come forward with inquiries, reports, or complaints and to seek assistance from College officials.
A person alleging a violation of the policies shall make all reasonable attempts to file a complaint no later than fifteen (15) business days following the occurrence of the alleged misconduct. Complaints may be submitted through the Equity Grievance and Discrimination Complaint Form via the College’s online reporting portal, by contacting the Director for Community Standards/Title IX Coordinator, or by contacting a Campus Equity Officer.
Board Policy B.11.2 Employee Responsibility: Any College employee who becomes aware of instances or allegations of discrimination and/or harassment that obstructs student access to the College’s educational programs, activities, and resources must submit a report within two business days.
Confidentiality & Privacy
Because allegations of discrimination and harassment are often sensitive in nature, the College strives to maintain privacy regarding all reports of policy violations. Any member of the College community who participates in the investigation of a complaint shall not disclose related information and documentation to anyone without a legitimate “need to know.” Failure to maintain privacy expectations may result in reprimands through appropriate College processes.
While the College generally prohibits the disclosure of confidential information obtained through an investigation, circumstances may arise when law and/or policy requires the disclosure of said information. In those cases, the College will make reasonable efforts to notify the affected party before disclosing confidential information.
If a complainant/alleged victim requests anonymity or requests that College officials refrain from investigating an allegation of discrimination and/or harassment, the College will evaluate the request on a case-by-case basis. The College will weigh the request for anonymity/confidentiality against the following factors: 1) the seriousness and/or scope of the alleged conduct; 2) the ages of the parties and related state and federal statutes; 3) the existence of previous complaints of harassment or discrimination involving the respondent; and 4) the respondent’s right to receive information about the allegations if the information is maintained by College as an “education record” under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 C.F.R. Part 99. An insistence on anonymity will limit the ability of College officials to thoroughly investigate and respond to the alleged misconduct. The College will inform the complainant/alleged victim if anonymity cannot be ensured.
If a complainant/alleged victim fails to respond to reasonable attempts for outreach, the College will weigh the above factors in determining appropriate next steps.
Even if the College cannot make a determination related to whether the Policies have been violated due to the complainant’s/alleged victim’s insistence on anonymity, the College may pursue alternative measures in an effort to limit the effects of the alleged misconduct and prevent its recurrence. Although the complainant/alleged victim is under no obligation to reveal the identity of the Respondent, the complainant/alleged victim is encouraged to do so in the interest of ensuring concerns related to discrimination are promptly and effectively addressed.
Initial Resolution
The complainant is encouraged to first attempt to resolve the matter informally by requesting a meeting with the respondent. Including the employee’s immediate supervisor in this stage of the process may be appropriate. While this step is recommended, it is not a prerequisite to filing a formal complaint.
The Director for Community Standards/Title IX Coordinator or Campus Equity Officers are available as a resource to any student requesting assistance with completing the informal resolution process.
The Human Resources department is available as a resource to any employee requesting information or guidance regarding informal resolutions.
Formal Complaint Process
The formal complaint process is intended to provide fundamental fairness for all parties, as well as prompt and equitable resolution of complaints. A discrimination complaint must be filed in writing. An Equity Grievance and Discrimination Complaint Form is available on the college website for this purpose at stlcc.edu/reportaconcern. Written complaints may also be submitted to the Director for Community Standards/Title IX Coordinator via email, hand delivery, or postal service. The College will review and investigate complaints filed later than fifteen (15) business days of the alleged event or conduct, but information, witnesses, or access to other information necessary for a full and fair investigation may no longer be available the later a complaint is filed.
To assist the College in addressing the matter promptly and thoroughly, the complaint shall contain the name and contact information of the person filing and describe the alleged violation with as much specific detail as possible. Details should include, but are not limited to, the date(s) of the alleged conduct, the person(s) and department involved, and the type of discrimination/harassment alleged, including the specific actions that are alleged to be discriminatory. It should also include the remedy or resolution that the complainant is seeking.
Anonymous complaints can be filed through this process, but the College may be limited in its capacity to respond. The College may also receive information indicating discrimination or harassment and reserves the right to investigate concerns without the participation of a complainant or impacted party. Such investigations will follow the procedures outlined herein to the extent possible.
Preliminary Assessment
After receiving and reviewing a complaint, the Director for Community Standards/Title IX Coordinator (or designee) will conduct a preliminary assessment, which may include a conference with the complainant/alleged victim, to gather information relevant to determining whether the complaint alleged, if true, would be a violation of College policies or procedures. During the preliminary inquiry, the Director for Community Standards/Title IX Coordinator (or designee) will review the complaint, applicable policies, and discuss available resources with the complainant. Failure of the complainant to respond to attempts to conduct this preliminary assessment may result in dismissal of the complaint.
- If the Director for Community Standards/Title IX Coordinator determines that there
is insufficient information to warrant further examination, the complainant/alleged
victim will receive written notification via institutional email of the determination
within five (5) business days. The direct supervisor and Human Resources may be notified
of the receipt of the complaint and the findings of the preliminary assessment.
- The complainant/alleged victim may request reconsideration of a determination to end the investigation process. Such requests shall be submitted in writing to a Campus Equity Officer within five (5) business days of notice of the preliminary inquiry determination. Grounds for requesting reconsideration are limited to additional information/evidence not initially included with the complaint or preliminary assessment becomes available.
Formal Complaint Investigation
- If the Director for Community Standards/Title IX Coordinator (or designee) determines
that sufficient information exists to warrant further examination, they will refer
the matter to a trained Investigator.
- The direct supervisor and Human Resources will be notified of the receipt of the complaint and the referral to the formal complaint investigation process.
- The Director for Community Standards/Title IX Coordinator will individually introduce each party to the Investigator via email and remind the parties of the College non-retaliation policy.
- The complainant will be notified that an investigation has been initiated.
- The respondent will be notified of the pending investigation and allegations and may be provided with a copy of the complaint. The respondent will be reminded that they are presumed not responsible for the allegations pending an outcome of the investigation.
- Failure of the complainant, respondent, or witness(es) to participate in the investigation and resolution process does not preclude the Investigator from completing the process and writing an investigatory report.
- The Investigator will conference with the complainant to obtain information related
to the complaint.
- An advisor for the complainant may attend meetings or other proceedings. The role of the advisor is to offer support. They are permitted to speak with the complainant during these meetings/proceedings, but are not permitted to speak on behalf of the complainant. The complainant must provide notice to the Investigator of a plan to bring an advisor to a conference or meeting no less than two (2) business days in advance and must include the name of the individual who will be serving as advisor. The Investigator will maintain the right to assess for potential conflict of interest that could impact the outcome of the investigation and/or privacy of the investigation. If identified, they will notify the complainant and appointed advisor of said conflict and require the appointment of an alternate advisor. Failure to provide adequate notice may result in a rescheduled conference at the discretion of the Investigator. The advisor may be expected to sign a confidentiality agreement.
- The Investigator will conference with the respondent to obtain information and response
to the allegations in the complaint.
- An advisor for a respondent may attend meetings or other proceedings. The role of the advisor is to offer support. They are permitted to speak with the respondent during these meetings/proceedings, but are not permitted to speak on behalf of the respondent. The respondent must provide notice to the Investigator no less than two (2) business days in advance and must include the name of the individual serving in that capacity. The Investigator will maintain the right to assess for potential conflict of interest that could impact the outcome of the investigation and/or privacy of the investigation. If identified, they will notify the respondent and appointed advisor of said conflict and require the appointment of an alternate advisor. Failure to provide adequate notice may result in a rescheduled conference at the discretion of the Investigator. The advisor may be expected to sign a confidentiality agreement.
- Following the conferences, the Investigator will provide a written summary of within three (3) business days to the parties to allow for comments, clarifications, corrections, etc. Comments must be received back within three (3) business days for consideration.
- If deemed relevant to the investigation, the investigator may meet with specific witnesses identified by involved parties at any time during the investigatory process. The investigator may also contact witnesses or experts not named by the parties when necessary. The Investigator may request that the complainant or respondent provide any documentation that may be relevant to the investigation and may access and obtain College records relevant to the investigation.
These conferencing and investigation efforts will normally occur within 20 business days from submission to the investigating party. If an investigation will exceed this timeline, the Investigator will notify all parties and the Director for Community Standards/Title IX Coordinator of the delay and an estimated time for completion of the investigation.
Cooperation and participation of the complainant and respondent is expected in this process. Failure to respond to reasonable requests for meetings or information may result in concluding the investigation without the requested information.
Complaint Decision Process
- Within 20 business days of the conclusion of the investigation, the Investigator shall
prepare a report outlining the investigation process, the issues raised, and information
obtained in the course of the investigation.
- The report may include, but is not limited to: a summary of the complaint; statements and information from all complainant(s) and respondent(s) as well as any witnesses interviewed; a summary of all records (electronic or hard copy) reviewed in the course of the investigation; credibility assessments of parties and any witnesses; and, a summary of all directly relevant evidence obtained. Documentation reviewed as part of the investigation will be attached to the investigation report or stored in a secure electronic database. The investigator may make appropriate redactions to protect privacy where appropriate.
- The Investigator shall provide the report jointly to the employee’s direct supervisor and Human Resources for review. If the respondent is a third- party vendor, the responsible department and Human Resources will review the investigation report and determine appropriate next steps. This may include sharing the report with appropriate redactions as may be necessary to protect the privacy of students or employees involved in the investigation, or a summary of the findings, with the third party or primary responsible individual for any vendor.
- From the report, the supervisor and Human Resources will determine, using a preponderance
of evidence standard, if there is sufficient evidence that a respondent violated one
or more of the policies or other applicable STLCC policies or procedures.
- One of the following determinations will typically be made with respect to the complaint:
- Unsubstantiated
- Substantiated (in whole or in part)
- Regardless of the determination made with respect to the complaint, the College may take appropriate action if the investigation indicates a violation of Board policy or procedure other than the non-discrimination Policies The College may also take appropriate action to minimize the opportunity for future issues or concerns to arise.
- Should the direct supervisor and Human Resources identify that additional information
may be necessary to render a determination, they may submit their request to the Director
for Community Standards/Title IX Coordinator. If additional information is required
that will delay in decision, parties will be provided notice and given an updated
estimated date of resolution.
- A trained Investigator will conduct an additional investigation and comprise a supplemental report in accordance with the Formal Complaint Investigation Process and Complaint Decision Process.
- One of the following determinations will typically be made with respect to the complaint:
- The direct supervisor and Human Resources representative together will compile a findings
letter for the complainant and respondent, normally within ten (10) business days
of receipt of the final investigation report.
- The letters should summarize the investigatory actions and report, rationale and information on the evidence used to draw a conclusion, the preponderance of evidence standard, and any findings.
- Protected personnel information will not be provided to complainants.
- Requests for extensions are directed to the Director for Community Standards and may be provided on a case-by-case basis.
- Should evidence be found indicating a violation of STLCC policy or procedure, employee
respondents will be referred to the appropriate disciplinary processes at the discretion
of the direct supervisor and Human Resources. If the respondent is a third-party vendor,
the College official responsible for the vendor relationship will give appropriate
notice to the individual respondent or vendor contact.
- The ultimate decision as to what action to take is at the discretion of the College, in accordance with the law.
- Students impacted by findings of discrimination or harassment may be offered reparatory
measures. Measures may include, but are not limited to:
- Retaking a course
- Course withdrawal (in consultation with financial aid)
- Additional academic support
- Educational adjustments and/or accommodations
- Changes to work schedule or placement
- Conclusion of a term or semester prior to resolution of a complaint does not halt the process or resolution efforts.
Parties may submit written requests to review records to the Director for Community Standards/Title IX Coordinator. Requests will follow the College process for release of record(s). Requests will be assessed on a case-by-case basis with considerations given to college policy and procedures, FERPA rights and protections, personnel rights and protections, privacy and confidentiality of parties, possible safety risks, the potential for retaliation, etc. Information may be redacted as necessary.
Appeal Process
- If the complainant or respondent is not satisfied with the decision and wishes to
file an appeal, they may notify the Director for Community Standards/Title IX Coordinator
(or designee) in writing within ten (10) business days of the date of the complaint
decision. The appeal should include the reasons why the party is dissatisfied with
the decision and any outcomes requested.
- Appeals are limited to the following grounds:
- A procedural irregularity affected the outcome of the decision.
- New evidence that was not reasonably available at the time of the investigation and determination has become available.
- The investigating party had a conflict of interest or bias for or against the complainant or respondent that affected the outcome of the decision.
- Appeals are limited to the following grounds:
- Within five (5) working days, the Director for Community Standards/Title IX Coordinator
(or designee) will assess if the grounds for an appeal are met.
- If grounds for an appeal are met, the Director for Community Standards/Title IX Coordinator will forward the complaint to a trained Investigator and will notify the relevant parties of the appeal.
- If the grounds for an appeal are not met, the complainant or respondent will be notified in writing via official email. This decision is final.
- The trained Investigator will conduct an additional investigation and comprise a supplemental report in accordance with the Formal Complaint Investigation Process and Complaint Decision Process as outlined above.
- The direct supervisor and Human Resources representative together will compile a findings letter for the complainant and respondent within 5 (five) business days of receipt of the investigation report. This decision is final.
- Dates may be extended with good cause following notification of all parties concerned.
Statement of Non-Retaliation
The College expressly prohibits any form of retaliatory action against any member of the College community who: (1) files a report, complaint or grievance under College policy (or with an external entity); (2) opposes in a reasonable manner an action or policy believed to constitute a violation of this policy; or (3) participates in College investigations, compliance reviews, or discipline proceedings. Determinations of retaliation are assessed on a case-by-case basis.
Interim Measures
Possible interim actions including, but not limited to, excused absences, alternate exam schedules, changes to student work schedule, or other supportive measures may be offered during the pendency of the investigation and may be permitted and coordinated by the Director for Community Standards/Title IX Coordinator. Consultation with Human Resources, direct supervisor(s), student affairs leadership, and/or academic affairs leadership may be required to provide reasonable adjustments. Determinations are made on a case-by-case basis.
External Complaints
Students are strongly encouraged to utilize available college processes to address issues relating to discrimination or harassment. However, these procedures do not eliminate the right of a student to file, at any time, a complaint alleging discrimination or harassment on the basis of a protected characteristic as defined in the procedure, with the United States Department of Education’s Office for Civil Rights Missouri Office:
Kansas City Office for Civil Rights
U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, 3rd floor, Suite 320
Kansas City, MO 64106
Telephone: 816-268-0550
Fax: 816-268-0599; TDD: 800-877-8339
Email: OCR.KansasCity@ed.gov