Statement of Nondiscrimination

Student-Involved Equity & Discrimination Complaint Process (Other than Title IX Sexual Harassment Complaints)

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[1], 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, grade appeals, and other academic disputes will not be resolved through this policy unless said concerns are a result of discriminatory actions.

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 appeals 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

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).

The procedures apply to conduct perpetrated by faculty, staff, employees, and third party contractors. Conduct that names a student respondent will 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

Discrimination:

Differential treatment or denial of equitable access to College programs or resources based on belonging to one or more protected classes.

Harassment:

Verbal or physical conduct based on belonging to a specific protected class that a) is so severe or pervasive that it interferes with equitable access to College programs or activities; b) substantially or unreasonably interferes with educational performance; or c) substantially and adversely affects an individual’s educational opportunities.

Retaliation:

Adverse actions toward any individual participating in the equity and discrimination 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.

Business Day:

A day that the college is open for normal business operations and excludes weekends, holidays, unexpected closures, and breaks.

Complainant:

The individual impacted by the alleged discriminatory conduct.

Respondent:

The individual alleged to have engaged in discriminatory or retaliatory conduct in violation of College non-discrimination policies.

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.

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.

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.

Director for Community Standards/Title IX Coordinator:

The individual designated to oversee the investigation, mediation, and processing of complaints brought under this procedure.

Student:

Any person admitted to the college and/or registered in credit, non-credit, continuing education, or workforce solutions programs.

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.

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.

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.

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.

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 student 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 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 Officer are available as a resource to any student requesting assistance with completing the informal resolution process.

The Employee and Labor Relations 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 student discrimination complaint must be filed in writing. A Student 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 of the alleged conduct, the person(s) and department involved, 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 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 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.

1. 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 5 (five) business days. The direct supervisor and Human Resources will be notified of the receipt of the complaint and the findings of the preliminary assessment.
   1. 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 5 (five) 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

1. If the Director for Community Standards/Title IX Coordinator determines that sufficient information exists to warrant further examination, they will refer the matter to a trained Investigator within 5 (five) business days.
   1. The direct supervisor and Human Resources will be notified of the receipt of the complaint and the referral to the formal complaint investigation process.
   2. 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.
   3. The complainant will be notified that an investigation has been initiated.
   4. 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.
   5. 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.
2. The Investigator will conference with the complainant to obtain information related to the complaint.
   1. An advisor for the complainant may attend meetings or other proceedings. The role of the advisor is to offer support. They 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 48 (forty-eight) hours 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, 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.
3. The Investigator will conference with the respondent to obtain information and response to the allegations in the complaint.
   1. An advisor for a respondent may attend meetings or other proceedings. The role of the advisor is to offer support. They are not permitted to speak on behalf of the respondent. The respondents must provide notice to the Investigator no less than 48 hours 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, 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.
4. Following the conferences, the Investigator will provide a written summary of within 3 (three) business days to the parties to allow for comments, clarifications, corrections, etc. Comments must be received back within 3 (three) days for consideration.
5. If witnesses are identified by the complainant and/or respondent, the Investigator may choose to meet with relevant witnesses at any time during the investigatory process. The Investigator may also request the complainant or respondent to provide any written documentation that they may have relevant to the investigation and may access and obtain College records relevant to the investigation.

These conferencing and investigation efforts will occur within 20 (twenty) business days from submission to the investigating party. If investigations 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

1. Within 15 (fifteen) 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.
   1. 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. Written documentation reviewed as part of the investigation will be attached to the investigation report, with appropriate redactions to protect privacy where appropriate.
2. 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, which 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.
3. 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 policy or procedure.
   1. One of the following determinations will typically be made with respect to the complaint:
      1. Unsubstantiated
      2. Substantiated (in whole or in part)
   2. Regardless of determination made with respect to the complaint, the College may take appropriate action if the investigation supports a finding of violation of Board policy or procedure other than the non-discrimination Policies, or violation of terms of employment, or workplace rules. The College may also take appropriate action to minimize the opportunity for future issues or concerns to arise.
4. 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.
   1. The letters should summarize the investigatory actions and report, information on the evidence used to draw a conclusion, the preponderance of evidence standard, and any findings.
   2. Protected personnel information will not be provided to complainants.
5. 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 third party vendor relationship will give appropriate notice to the individual respondent or vendor contact.
   1. The ultimate decision as to what action to take is at the discretion of the College, in accordance with the law.
6. Students impacted by findings of discrimination or harassment may be offered reparatory measures. Measures may include, but are not limited to:
   1. Retaking a course
   2. Course withdrawal (in consultation with financial aid)
   3. Additional academic support
   4. Educational adjustments and/or accommodations
   5. Changes to work schedule or placement
7. Conclusion of a term or semester prior to resolution of a complaint does not halt the process or resolution efforts.

Complainant Appeal Process

• If the complainant is not satisfied with the decision and wishes to file an appeal, they may notify the Director for Community Standards/Title IX Coordinator in writing within ten (10) business days of the date of the complaint decision. The appeal should include the reasons why the complainant 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.
• Within five (5) working days, the Director for Community Standards/Title IX Coordinator 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 respondent of the complainant appeal.
  • If the grounds for an appeal are not met, the complainant 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.

Respondent Appeal Process

• If a respondent is dissatisfied with the decision of the supervisor and Human Resources, they may appeal through the applicable grievance process as outlined in the appropriate employee joint resolution and/or College procedure.

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 Actions

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

Employee Grievance Procedures for Equity Complaints (Other Than Title IX Sex Discrimination)

In keeping with the College’s equal employment opportunity policy and affirmative action commitment, St. Louis Community College adopts the following grievance procedure providing for prompt and equitable resolution of complaints by an employee alleging any action prohibited by the Americans with Disabilities Act as amended and the Rehabilitation Act of 1973 and all relevant non-discrimination laws pertaining to protected status. Prior to an employee filing a complaint under this procedure, the employee should try to resolve the problem by first discussing their needs with their direct supervisor but this is not a prerequisite to the filing of a complaint under this grievance procedure.

The director for labor and employee relations (or designee) shall oversee the college’s response to discrimination complaints or grievances, with respect to employment. They will receive all formal complaints covered by this section brought by employees of the college (except for complaints brought by employees on account of having been asked to provide an accommodation(s) for a student which shall be handled under the procedures for student disability grievances) and applicants for employment.

The director for labor and employee relations, in their role as Deputy Title IX Coordinator, (or designee) will work in conjunction with the Title IX Coordinator in determining the appropriate path for resolution of matters involving allegations of sexual harassment.

Grievance Procedure

Complaints related to employment shall be addressed to the director of labor and employee relations (or their designee), St. Louis Community College Corporate College, 3221 McKelvey Road, Bridgeton, MO 63044.

• A complaint must be filed in writing containing the name and address of the person filing it and briefly describing the alleged violation of the regulations.
• A complaint should be filed within 30 calendar days after the complainant becomes aware of the alleged violation.
• The director of labor and employee relations (or designee) shall conduct an investigation and shall consult with the district director of equity compliance, as appropriate. Investigations will be thorough, fair to all parties, and completed in a timely manner. Updates as to the status of pending matters may be provided to involved parties if the resolution process takes longer than 60 days to complete.
• The investigation will afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
• A written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the director of labor and employee relations (or designee) and a copy forwarded to the complainant. The complainant can request a reconsideration of the case in instances where they are dissatisfied with the determination of the director of labor and employee relations (or designee). Issues that can be raised in a request for reconsideration are limited only to the following: 1) that the grievance process was not conducted in accordance with the procedures established by the college, and that the failure to follow such procedures led to an incorrect result; or 2) new information that was not available during the initial investigation has been brought forward that may alter the outcome of the initial hearing; or 3) that the resolution relief offered is inadequate or inconsistent with those in similar matters.
• The request for reconsideration must be made in writing stating the basis on which the request is being made (as set forth above) and detailed facts that support it within 10 working days of the issuing of the initial decision to the chief human resource officer (or designee), St. Louis Community College Corporate College, 3221 McKelvey Road, Bridgeton, MO 63044. Within 15 working days of the receipt of the request for reconsideration, the chief human resource officer will render a written decision regarding the complaint and forward that decision to the complainant. This decision is final. All findings and conclusions in such cases will also be forwarded to the district director equity compliance for their information.
• Use of this procedure is not a prerequisite to the pursuit of other remedies. The right of a person to a prompt and equitable resolution of the complaint filed hereunder will not be impaired by the person’s pursuit of other remedies such as the filing of an ADA complaint with the responsible governmental agency or an employee filing a formal grievance through any other applicable Board-approved grievance procedure or those designated in applicable joint resolution.
• These rules are intended to protect the substantive rights of interested persons to meet appropriate due process standards and to ensure that St. Louis Community College complies with its obligations under federal, state, and local laws.
• The director of labor and employee relations will maintain the files and records of St. Louis Community College relating to the complaints filed related to employment.