academic calendar 2012-2013 - GateWay Community College

36 Student Handbook 2012-2013Discrimination Complaint Procedures forStudentsThis procedure provides a means for resolvingcomplaints by students who believe they havebeen adversely affected by illegal or prohibiteddiscrimination by the Maricopa County CommunityCollege District (MCCCD), a member college or center,or their students or employees.Complaints may be brought under this procedure fordiscrimination based on race, color, religion, nationalorigin, citizenship status (including document abuse),sex (including pregnancy and sexual harassment),sexual orientation, gender identity, age, veteran status,physical or mental disability, or genetic information.The entire college community should act promptlyupon receipt of an allegation of conduct that mightconstitute discrimination. Any member of the collegecommunity should refer a person who might be avictim of such conduct to these procedures, as well asto the college officials responsible for conducting aninvestigation pursuant to these procedures.Students who believe they are experiencing sexualharassment may utilize the Report process (asdescribed below) in addition to the Informal andFormal Resolution processes. If a student has been avictim of sexual assault, a complaint may also be filedwith College Public Safety (CPS).All deadlines prescribed for Report, InformalResolution and Formal Resolution processes may beextended by the Vice President of Student Affairs forgood reason, such as (but not limited to) when classesare not in session or upon mutual agreement by theparties. Notwithstanding any deadline extension,college officials should take all necessary stepsto ensure prompt and equitable resolution of anycomplaint of discrimination.Information related to MCCCD’sDiscriminationComplaint Procedure for Students is also availablefrom the Office of General Counsel’s Office of PublicStewardship at (480) 731-8880.Informal Resolution of DiscriminationComplaintsBefore filing a formal complaint under this procedure,a student may attempt to resolve the problem throughinformal discussions with the person claimed tohave engaged in discriminatory conduct and thatperson’s supervisor or department head. The studentmay choose to ask the Vice President of StudentAffairs to assist in the informal resolution process.The Vice President of Student Affairs may designatean employee to provide such assistance. The VicePresident of Student Affairs may modify or reject aninformal resolution of a complaint of discriminatoryconduct under this process if, in the judgment ofthe Vice President, the resolution that is proposed isnot in the best interests of both the student and theinstitution. The Vice President shall take such actionno later than fifteen (15) calendar days after receivingnotice of the informal resolution.Attempts to informally resolve alleged discriminationshould occur within ninety (90) calendar days of themost recent alleged discriminatory act. The collegeofficial responsible for this informal resolution processshould ensure that the process is concluded promptly.For complaints dealing with alleged discriminationbeyond the 90-day timeframe, a student must submita written complaint under the formal resolutionprocedure of this policy.If the complaint cannot be informally resolved to thesatisfaction of the complainant, the complainant hasthe right to file a written complaint within 300 daysof the most recent alleged discriminatory act and toproceed under formal resolution procedures.Formal Resolution of DiscriminationComplaintsA student who contends that unlawful or MCCCDprohibiteddiscrimination has occurred may file aformal complaint by contacting the Vice President ofStudent Affairs at each respective college or center.The Vice President of Student Affairs will acceptcomplaint filings within 300 calendar days of the mostrecent occurrence of the alleged discriminatory act.A complaint must be signed by the student andfiled on the form prescribed by the Office of GeneralCounsel. A student may also contact the Office ofGeneral Counsel to obtain the name and phonenumber of the college or center official designated torespond to discrimination complaints.The complaint must identify the action, decision,conduct, or other basis that constituted an allegedact or practice of unlawful or MCCCD-prohibiteddiscrimination. The complaint must also allege thatthe action, decision, or occurrence was taken or basedon the complainant’s race, color, religion, sex, sexualorientation, gender identity, national origin, citizenshipstatus (including document abuse), age, physical ormental disability, veteran status, genetic information,or any other unlawful discriminatory grounds.Upon receipt of a complaint, the Vice President ofStudent Affairs will notify the college president orprovost and the Office of General Counsel. The Officeof General Counsel will assign a case number to thecomplaint.A copy of the complaint will be shared with therespondent within five (5) working days of receiptby the Vice President of Student Affairs Respondentwill be put on notice that retaliation against thecomplainant or potential witnesses will not betolerated and that an investigation will be conducted.Respondent must provide a written response to thecomplaint within fifteen (15) calendar days of his or herreceipt of the complaint.