(A)
Notice of
non-discrimination
Terra state community college does not
discriminate on the basis of race, color, religion, national origin, ethnicity,
sex, age, gender identity, genetic information, gender expression, sexual
orientation, marital status, disability, pregnancy, military status, or special
disabled or Vietnam-era veteran status in provision of educational programs and
services or employment opportunities and benefits pursuant to the requirements
of Title VI of the Civil Rights Act of 1964, Title IX of the Education
Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of
the American with Disabilities Act of 1990, the Age Discrimination Act of 1976,
the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter
4112, of the
Revised Code.
(B)
Notice against
discrimination
Terra state community college is
committed to providing equal educational opportunity. Discrimination in any
form will not be tolerated within the Terra state community college community.
All members of the faculty, staff, administration, student body, volunteers,
and visitors to the campus have the right to be pursue their careers or studies
free from discrimination. The
groups mentioned in this policy are
expected to conduct themselves in a manner that does not infringe upon the
rights of others. This policy has been developed to reaffirm these principles
and to provide recourse for those individuals whose rights have been violated.
This policy has dual purposes. It serves as a measure for the college to
determine, after the fact, if behaviors have violated policy. It also provides
general guidelines for the expectations the college has for non-discriminatory
behavior. Separate policies have been developed to specifically address sexual
and disability discrimination.
(C)
Filing a
complaint
A person who believes they have been
subject to discriminatory treatment is encouraged to report these offenses to
the Title IX coordinator, a deputy coordinator, or to their direct supervisor.
Any person who receives a complaint of discrimination, harassment or
retaliation, is expected to report the incident promptly.
(D)
Non-retaliation
Terra state community college strictly
adheres to and enforces a non-retaliation policy. Retaliation against an
individual who has reported discriminatory treatment and retaliation against
individuals for cooperating with an investigation is unlawful and will not be
tolerated by the college. Any person who violates this policy will be subject
to discipline, up to and including termination if they are an employee, and or
dismissal if they are a student.
(E)
Process:
(1)
Investigators
The following individual(s) have been
appointed by the President to handle inquiries regarding this
policy:
Mr. Heath Martin, associate dean of
students and Title IX coordinator. Terra state community college, 2830 Napoleon
road, Fremont, OH 43420. Office location: SAC. Phone: (419) 559-2350. Email:
hmartin01@terra.edu
Ms. Nanci Kosanka, director of human
resources and deputy Title IX coordinator. Terra state community college 2830
Napoleon Road, Fremont, OH 43420. Office location: B205. Phone: (419) 559-2465.
Email: nkosanka@terra.edu
Mr. Jack Fatica, vice president for
academic affairs and deputy title IX coordinator Terra state community college.
2830 Napoleon road Fremont, OH 43420, Office location: B209, Phone: (419)
559-2381. Email:
nkosanka@terra.edu
(2)
Definitions
(a)
COMPLAINANT is
the individual making an allegation of a violation of college
policy.
(b)
RRSPONDENT is the individual charged with an alleged
violation of college policy.
(c)
A PERSON WITH A
DISABILITY is any person who:
(i)
has a physical or mental impairment which
substantially limits one or more of the such person's life
activities;
(ii)
has a record of such
impairment;
(iii)
is regarded as having
such an impairment; or
(iv)
is otherwise deemed disabled under applicable federal
or state law.
(d)
GENDER IDENTITY AND GENDER EXPRESSION is respectively
to the gender one self-identifies as, and the gender one expresses oneself
as.
(e)
GENETIC INFORMATION is information about an
individual's genetic tests and the genetic tests of an individual's family
members, as well as, information about any disease, disorder, or condition of
an individual's family members (i.e. an individual's family medical history).
Family medical history is included in the definition of genetic information
because it is often used to determine whether someone has an increased risk of
getting a disease, disorder, or condition in the future.
(f)
MARITAL STATUS is
the legal status of being married, single, separated, divorced, or widowed. It
does not include consideration of cohabitating relationships.
(g)
RETALIATION is
any action, by any person, that is perceived as: intimidating, hostile,
harassing, retributive, or violent that occurred in connection to the making
and investigation of the report.
(h)
SEXUAL
ORIENTATION is a person's sexual identity in relation to the gender or genders
of people to whom the person is physically and/or emotionally
attracted.
(i)
VETERAN is a person who served at least
one hundred
eighty days in the active military, and who was discharged or released under
conditions other than dishonorable, as specified in
38 U.S.C. 101(2). Active
service includes full-time federal services in the national guard or a reserve
component. The definition of "active service" does not include full-time duty
performed strictly for training purposes (i.e., that which is referred to as
"weekend" or "annual" training), nor does it include full-time active duty
performed by national guard personnel who are mobilized by state rather than
federal authorities.
(3)
General grievance
procedures
(a)
Terra state community college encourages those who have
experienced any form of discrimination or retaliation to report the incident as
soon as possible to allow for the most effective investigation. All complaints
of discrimination will be promptly investigated and appropriate action will be
taken as expeditiously as possible.
(b)
The college will
make reasonable efforts to protect the rights of both the complainant and the
respondent. The college will respect the privacy of the complainant, the
individual(s) against whom the complaint is filed, and the witness(es) in a
manner consistent with the college's legal obligations to investigate, to take
appropriate action, and to comply with any discovery or disclosure obligations
by required law.
(c)
The college reserves the right to investigate and
resolve a complaint or report of discrimination regardless of whether the
complainant ultimately desires the college to pursue the complaint. In such
cases, parties shall be informed of the status of the investigation at
reasonable times until the college's final disposition of the
investigation.
(d)
Anonymous complaints will be accepted; however, Terra
state community college's ability to obtain additional information may be
compromised and the ability to investigate or resolve anonymous complaints may
be limited.
(e)
When a complaint is received, the college will take
appropriate corrective action in an expeditious manner. Any investigation will
be conducted in such a way as to maintain confidentiality to the extent
practicable under the circumstance(s). When meeting with the investigator,
information will be provided about the policy on equal education opportunity
and the complaint process.
(f)
When the
investigation is completed, the college will, to the extent appropriate, inform
the person filing the complaint and the person alleged to have committed the
conduct of the results of the investigation. If it determined that
inappropriate conduct has occurred, the college will act promptly to eliminate
the offending conduct and where it is appropriate, to impose disciplinary
action through appropriate due process procedures.
(g)
Intentionally
making a false complaint or report of discrimination is a violation of this
policy and constitutes misconduct subject to disciplinary action, and may also
a crime.
(h)
In addition to the listed
options, if
you believe you have been subjected to discrimination, you may file a formal
complaint with any or all of the government agencies set forth as follows
(i)
THE UNITED STATES
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Detroit field office, Patrick V.
McNamara building, 477 Michigan avenue, Room 865, Detroit, MI 48226
1-800-669-4000
(ii)
OHIO CIVIL RIGHTS COMMISSION Toledo Office 1 Government
center, room 936, Toledo, OH 43604 (419)-245-2900
(iii)
DEPARTMENT OF
EDUCATION, OFFICE FOR CIVIL RIGHTS Cleveland office 600 Superior avenue East,
suite 750, Cleveland, OH 44114
(316)-522-4970
(4)
Investigative
procedure
(a)
A
complainant may initiate the investigative procedure by filing a complaint with
the Title IX coordinator or a deputy coordinator describing the details of the
alleged harassment or discrimination. Upon receipt of such a complaint, the
Title IX coordinator or a deputy coordinator will promptly conduct an
investigation to determine whether the complaint can be substantiated, and, if
so, whether it can be effectively remediated or resolved by the coordinator or
deputy coordinator. If necessary the coordinator or deputy coordinator will
take appropriate temporary measures to address the complaint pending further
investigation.
(b)
An investigation may include any of the following:
interviews of the parties involved, including witnesses, and the gathering of
other relevant information. Both the respondent and complainant may present
witnesses and other evidence.
(c)
At any time
during the investigation, the investigator may recommend that interim
protections or remedies for the parties involved or witnesses be provided by
appropriate college officials. These protections or remedies may include
separating the parties, placing limitations on contact between parties,
suspension, or making alternative workplace or student housing arrangements.
Failure to comply with the terms of interim protections may be considered a
separate violation.
(d)
If the investigation determines the claim is likely to
be substantiated, and if the respondent is a student, the formal process will
utilize the student discipline committee, the hearing process outlined in
article G of the student code of conduct.
(e)
If the
investigation determines the claim is likely to be substantiated, and the
respondent is an employee, the corrective progressive action policy will
apply.
(f)
In most circumstances, the investigative process shall
be completed within
sixty days of the initial complaint.
(5)
Confidentiality
(a)
All college employees, excluding licensed professionals
from the college counseling center, must report discrimination. Therefore,
individuals who wish to discuss a situation in complete confidence should work
with an individual from the counseling center. Because content of discussions
with confidential resources is not reported to an office of record, such
discussions do not serve as notice to the college to address the alleged
discrimination.
(b)
All inquiries, complaints, and investigations are
treated with discretion. Information is kept as confidential as law and college
policy permit. However, the identity of the complainant is usually revealed to
the person(s) accused of such conduct. Participants in an investigative process
are asked to keep any information they have or may learn of as confidential as
practicable.
(c)
The college shall protect the privacy of individuals
involved in a report of discrimination to the extent allowed by law and college
policy. Confidentiality is an aspiration but is not always possible or
appropriate. Confidentiality needs to be balanced with the legal obligation of
the college to ensure a working and learning environment that is free from
discrimination and the due process rights of the respondent to be informed of
allegations and their source. Therefore, some level of disclosure may be
necessary to ensure a complete and fair investigation.
(6)
Special provisions
(a)
Attempted
violations - The college may treat attempts to commit any of the violations
listed in this policy as if those attempts had been completed.
(b)
The college as
complainant - As necessary, the college reserves the right to initiate a
conduct complaint, to serve as the complainant, and to initiate conduct
proceedings without a formal complaint by the alleged victim or
complainant.
(c)
Third party violations - Discriminatory conduct by
third parties, who are not themselves employees or students at the college
(e.g., a visiting speaker or members of a visiting athletic team), may also be
of a sufficiently serious nature to deny or limit a student's ability to
participate in or benefit from the education program. As such, if the college
knows or should know of the harassment, the college is responsible for taking
prompt and effective action to eliminate the hostile environment and prevent
its recurrence.
(i)
The type of appropriate steps taken by the college will
differ depending on the level of control the college has over the third party.
For example, if athletes from a visiting team harass the home college's
students, the home college may not be able to discipline the athletes. However,
it could encourage the other school to take appropriate action to prevent
further incidents or choose not to invite the other school
back.
(ii)
Third party visitors to campus may also be the subject
of discrimination and are entitled to utilize the processes and procedures
outlined in this policy.