Clover Park Technical College is committed to providing equal employment and educational opportunities without regard to race, color, sex/gender, gender identity, religion, creed, age, marital status, national origin, sexual orientation, veterans' status, or the presence of any physical, sensory, or mental disability.
Employees, students, volunteers, and other persons having business with the College have a right to be free from any unlawful discrimination in their relationship with the College. Therefore, the college prohibits persons who are subject to its control or direction from engaging in discriminatory behavior on the basis of any of these protected statuses. Any person who has been found, after appropriate and thorough investigation, to have discriminated against another will be subject to appropriate counseling and/or corrective or disciplinary action.
Specifically prohibited is any sexual harassment, which is a form of sex/gender discrimination. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when (a) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or education, (b) submission to or rejection of such conduct is used as the basis for decisions affecting the employee or student, or (c) such behavior has the purpose or effect of unreasonably interfering with an individual’s work performance or education by creating an intimidating, hostile, or offensive working/learning environment.
Sexual harassment can be in the form of verbal behavior, such as unwelcome comments, suggestions, jokes, or requests of a sexual nature, and/or non-verbal behavior, such as gestures, leering, displaying sexually suggestive objects or pictures, touching, or assault. Sexual harassment and all other forms of unlawful discrimination are included here in the term “discrimination”. Accommodation by the College for a disability is addressed in Chapter 2 Section 21.
Retaliation against anyone who reports discrimination, participates in investigation of a complaint, or is an alleged violator (“respondent”) is also prohibited.
Clover Park Technical College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act and Washington State’s Law Against Discrimination, Chapter 49.60 RCW and their implementing regulations. To this end, Clover Park Technical College has enacted policies prohibiting discrimination against and harassment of members of these protected classes. Any individual found to be in violation of these policies will be subject to disciplinary action up to and including dismissal from the College or from employment.
Any employee, student, applicant, or visitor who believes that he or she has been the subject of discrimination or harassment should report the incident or incidents to the College’s Title IX / Equal Employment Opportunity (EEO) Coordinator identified below. If the complaint is against that Title IX / EEO Coordinator, the complainant should report the matter to the President’s Office for referral to an alternate designee.
Name: Shelby Fritz
Title: Human Resources Director and Title IX / EEO Coordinator
Office: Building 17, Room 114
Contact info: (253)589.5533 or firstname.lastname@example.org
The Title IX / EEO Coordinator or designee:
· Will accept all complaints and referrals from College employees, applicants, students, and visitors regarding discrimination or harassment.
· Will make determinations regarding how to handle requests by complainants for confidentiality.
· Will keep accurate records of all complaints and referrals for the required time period.
· May conduct investigations of alleged discrimination or harassment or delegate and oversee such investigations conducted by a designee.
· May impose interim remedial measures to protect parties during investigations of discrimination or harassment.
· Will issue written findings and recommendations upon completion of an investigation.
· May recommend specific corrective measures to stop, remediate, and prevent the recurrence of inappropriate conduct.
The College encourages the timely reporting of any incidents of discrimination or harassment. Complaints may be submitted in writing or orally. For complainants who wish to submit a written complaint, a formal complaint form is available online at http://www.cptc.edu/node/1057. Hard copies of the complaint form are available at the following locations on campus: Office of Human Resources, Building 17, Room 114.
C. WHO MAY FILE A COMPLAINT
Any employee, applicant, student or visitor of the College may file a complaint. Complaints may be submitted in writing or verbally. The College encourages the timely reporting of any incidents of discrimination or harassment. For complainants who wish to submit a written complaint, a formal complaint form is available online at http://www.cptc.edu/node/1057. Hard copies of the complaint form are available at the following locations on campus: Office of Human Resources, Building 17, Room 114. Any person submitting a discrimination complaint shall be provided with a written copy of the College’s anti-discrimination policies and procedures.
D. CONFIDENTIALITY AND RIGHT TO PRIVACY
Clover Park Technical College will seek to protect the privacy of the complainant to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as Clover Park Technical College policies and procedures. Although Clover Park Technical College will attempt to honor complainants’ requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the Title IX / EEO Coordinator.
Confidentiality Requests and Sexual Violence Complaints. The Title IX / EEO Coordinator will inform and obtain consent from the complainant before commencing an investigation into a sexual violence complaint. If a sexual violence complainant asks that his or her name not be revealed to the respondent or that the College not investigate the allegation, the Title IX / EEO Coordinator will inform the complainant that maintaining confidentiality may limit the college’s ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that his or her name not be disclosed or that the College not investigate, the Title IX /EEO Coordinator will determine whether the College can honor the request and at the same time maintain a safe and non-discriminatory environment for all members of the college community, including the complainant. Factors to be weighed during this determination may include, but are not limited to:
· the seriousness of the alleged sexual violence;
· the age of the complainant;
· whether the sexual violence was perpetrated with a weapon;
· whether the respondent has a history of committing acts of sexual violence or violence or has been the subject of other sexual violence complaints;
· whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and
· whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).
If the College is unable to honor a complainant’s request for confidentiality, the Title IX / EEO Coordinator will notify the complainant of the decision and ensure that complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.
If the College decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX / EEO Coordinator will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.
E. INVESTIGATION PROCEDURE
Upon receiving a discrimination complaint, the College shall commence an impartial investigation. The Title IX / EEO Coordinator shall be responsible for overseeing all investigations. Investigations may be conducted by the Title IX / EEO Coordinator or his or her designee. If the investigation is assigned to someone other than the Title IX /EEO Coordinator, the Title IX / EEO Coordinator shall inform the complainant and respondent(s) shall be notified of the appointment of the investigator.
Interim Measures. The Title IX / EEO Coordinator may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of summary discipline on the respondent consistent with the College’s student conduct code or the College’s employment policies and collective bargaining agreements.
Investigation. Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his or her findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the Title IX / EEO Coordinator. The Title IX / EEO Coordinator shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred, and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will be consistent with the student conduct code or college employment policies and collective bargaining agreements.
Written Notice of Decision. The Title IX / EEO Coordinator will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings and of actions taken or recommended to resolve the complaint, subject to the following limitations. The complainant shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as a finding that the complaint is or is not meritorious or a recommendation that the accused not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action. The respondent shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action. Both the complainant and the respondent are entitled to review any final findings, conclusions, and recommendations, subject to any FERPA confidentiality requirements.
Informal Dispute Resolution. Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.
Final Decision/Reconsideration. Either the complainant or the respondent may seek reconsideration of the decision by the Title IX / EEO Coordinator. Requests for reconsideration shall be submitted in writing to the Title IX / EEO Coordinator within seven days of receiving the decision. Requests must specify which portion of the decision should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven days, the decision becomes final. If a request for reconsideration is received, the Title IX / EEO Coordinator shall respond within 14 days. The Title IX / EEO Coordinator shall either deny the request or, if the Title IX / EEO Coordinator determines that the request for reconsideration has merit, issue an amended decision. Any amended decision is final and no further reconsideration is available.
F. PUBLICATION OF ANTI-DISCRIMINATION POLICIES AND PROCEDURES
The policies and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or president's designee. Any person who believes he or she has been subjected to discrimination in violation of College policy will be provided a copy of these policies and procedures.
G. LIMITS TO AUTHORITY
Nothing in this procedure shall prevent the College President or designee from taking immediate disciplinary action in accordance with Clover Park Technical College policies and procedures, and federal, state, and municipal rules and regulations.
H. NON-RETALIATION, INTIMIDATION AND COERCION
Retaliation by, for or against any participant (including complainant, respondent, witness, Title IX / EEO Coordinator, or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation or any resulting disciplinary proceedings is prohibited and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation should contact the Title IX / EEO Coordinator immediately.
I. CRIMINAL COMPLAINTS
Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:
· Lakewood Police Department, 253.830.5000
· Pierce County Sheriff, 253.798.4721 (#1)
The College will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.
J. OTHER DISCRIMINATION COMPLAINT OPTIONS
Discrimination complaints may also be filed with the following federal and state agencies: