2004-2005 COLLEGE CATALOG - Luzerne County Community ...

A. Informal Procedure
1. Individuals who believe they may have experienced discrimination, but are
uncertain whether a complaint is justified or whether they wish to initiate a
formal complaint, may discuss their concerns confidentially and informally with
the Vice President/Academic Affairs, Vice President/Student Development, an
academic dean, or Associate Dean/Human Resources. Students may also consult
a counselor. To the extent possible, the anonymity of the complainant will
be maintained, if requested.
The person raising the issue may want only to discuss the matter with a third
party in order to clarify whether discrimination or harassment may be occurring
or to determine his or her options, including the pursuit of more formal
action. In such a situation, the staff member should give assistance and offer
suggestions without drawing a conclusion as to whether discrimination has occurred.
In no case, should an individual be dissuaded from pursuing further
action under this procedure.
2. If it is decided that an informal complaint is to be filed, a written or taped statement
of the allegations will be forwarded by the complainant to either the Vice
President/Academic Affairs, Vice President/Student Development, or the Associate
Dean/Human Resources. The Associate Dean/Human Resources will
be deemed the investigator and will thoroughly investigate the complaint. An
inquiry concerning the allegations will convene at the earliest convenience, but
no later than ten (10) work days after the complaint has been filed; the investigation
will be concluded in no more than twenty (20) work days. The College
President will be apprised of the complaint unless involved in the complaint.
3. During the inquiry, the alleged offender will be informed of the allegations and
provided a full opportunity to address the issue. The complainant will be permitted
to present evidence and identify witnesses. The appropriate vice president,
dean, department chair or director may be included in such discussion if
deemed appropriate by the investigator. The person against whom the complaint
has been filed can be accompanied by a union representative or other
appropriate individual. However, such representative shall act only in a consultative
role to the alleged offender and shall not be allowed active participation
in either the informal or formal procedure. Under no circumstances will the
complainant be required to meet with the alleged offender; however, such a
meeting will take place only by mutual agreement. Witnesses will be informed
that issues on the complaint discussed during the investigation are confidential.
4. Efforts will be made to resolve complaints informally whenever informal resolution
appears possible. If attempts to achieve an informal resolution do not
succeed, the complainant and the alleged offender will be informed of the formal
procedure as outlined in Part B. These individuals will also be advised of
the option of filing the complaint with the U.S. Department of Education/Office
for Civil Rights, the Commonwealth of Pennsylvania/ Human Relations Commission
or the U.S. Equal Employment Opportunity Commission.
5. If no discrimination is found to exist and the complainant is satisfied with the
outcome, then no futher action is required. If discrimination is found to have
occurred, then the president will take disciplinary and/or remedial action, including
those actions outlined in the PERSONNEL POLICY AND PROCE-
DURES MANUAL. In the event that the president is involved in the complaint,
consultation will occur with the executive committee of the board of trustees.
The records regarding the investigation will be held in the Human Resources
Office for a period of five (5) years.
6. Time limits may be extended upon approval of both parties.
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