Discrimination Complaint Procedures for Students - This procedure provides a means for resolving complaints by students who believe they have been adversely affected by illegal or MCCCD-prohibited discrimination by the college/center, MCCCD, or their students or employees. Complaints may be brought under this procedure for discrimination based on race, color, religion, national origin, sex (including pregnancy discrimination and sexual harassment), sexual orientation, age, Vietnam - era veteran status, and physical or mental disability.
Informal Resolution of Discrimination Complaints
Before filing a formal complaint under this procedure, a student may attempt to resolve the problem through informal discussions with the person claimed to be responsible for the discriminatory action, that person's supervisor or department head. The student may choose to ask the Vice President of Student Affairs and/or Associate Dean to assist in the informal resolution process.
Attempts to informally resolve alleged discrimination should occur within ninety (90) calendar days of the alleged discriminatory act. Once the complaint is informally resolved, a summary of the allegations and the final resolution shall be forwarded to the Office of General Counsel within five (5) working days. For complaints dealing with alleged discrimination beyond the 90-day timeframe, a student must submit a written complaint under the formal resolution procedure of this policy. If the complaint cannot be informally resolved to the satisfaction of the complainant, the complainant has the right to file a written complaint within 180 days of the alleged discriminatory act and to proceed under formal resolution procedures.
Formal Resolution of Discrimination Complaints
A student (part- or full-time) who contends that unlawful or MCCCD-prohibited discrimination has occurred, may file a formal complaint by contacting the Vice President of Student Affairs and/or Associate Dean or his or her designee at each respective college. These officials will accept complaint filings within 180 calendar days of the occurrence of the alleged discriminatory event. A complaint must be signed by the student and filed on the form prescribed by the Office of General Counsel. A student may also contact the Office of General Counsel to obtain the name and phone number of the campus official designated to respond to discrimination complaints. The complaint must identify the action, decision, conduct, or other basis that constituted an alleged actor practice of unlawful or MCCCD-prohibited discrimination.
The complaint must also allege that the action, decision, or occurrence was taken or based on the complainant's race, color, religion, sex, sexual orientation, national origin, citizenship, age (over 40), Chandler - Gilbert Community College Catalog & Student Handbook 2007-2008 disability, Vietnam-era veteran status, or any other unlawful discriminatory grounds . Upon receipt of a complaint, the receiving official will notify the college president or provost and the Office of General Counsel. The Office of General Counsel will assign a case number to the complaint. A copy of the complaint (or a summary of the allegations) will be shared with the respondent within five (5) working days of receipt by the receiving official (Vice President of Student Affairs, etc.). Respondent will be put on notice that retaliation against the complainant or potential witnesses will not be tolerated and that an investigation will be conducted by the Vice President of Student Affairs and/or Associate Dean under the guidance of the Office of General Counsel. Respondent must provide a written response to the complaint within fifteen (15) calendar days of his or her receipt of the complaint.
After accepting a complaint, the Vice President of Student Affairs and/or Associate Dean will conduct a fact-finding investigation which will include, at a minimum, a review of written evidence (including the complaint and response), and interviews with appropriate employees and students. Upon completion of the investigation, the Vice President of Student Affairs and/or Associate Dean will issue a written finding to the complainant, the respondent, and the appropriate College President or Provost, and the Office of General Counsel. The Vice President of Student Affairs and/or Associate will submit its findings and recommendations to the president or provost within ninety (90) calendar days of receipt of the complaint. The president or provost will accept, reject, or modify the recommendations and will provide a written notification of his or her action to the parties within fifteen (15) calendar days of receiving the findings from the Vice President of Student Affairs and/or Associate Dean. When the investigation confirms the allegations, appropriate corrective action will be taken. Appropriate corrective action is determined solely by MCCCD, the college or center and, with the exception of academic suspension or dismissal, cannot be appealed.
Evidence which is collateral to the allegations of discrimination and/or sexual harassment and which was obtained during an investigation under these procedures may be used in subsequent grievance or disciplinary procedures.