Harassment consists of abusive behavior directed toward an individual or group because of race, ethnicity, ancestry, national origin, religion, gender, genetic background, sexual orientation, gender identity and expression, transgender status, age, physical, learning and intellectual disabilities, and past/present history of a mental disability. The college (a) strictly prohibits making submission to harassment, either explicitly or implicitly, a term or condition of an individual’s employment, performance appraisal or evaluation of academic performance; and (b) forbids harassment that has the effect of interfering with an individual’s performance or creating an intimidating, hostile or offensive environment.
All forms of harassment and discrimination are considered serious offenses by the college.
Any person who believes that he/she is being harassed or otherwise subjected to discrimination because of race, color, religious creed, age, gender, gender identity or expression, national origin, marital status, ancestry, present or past history of intellectual disability, learning disability or physical disability, veteran status, sexual orientation, genetic information or criminal record is encouraged to consult Debi Freund, Chief Diversity Officer (AAO/EEO, Title IX and Section 504/ADA Compliance), SSC L277, at 512-3107. Additional places to receive support and help if you think you are being harassed are: Human Resources Office, any Dean’s Office, the Office of the President or Advising and Counseling Services.
MCC assures any employee, applicant for employment, student, applicant for admission or any other person, including visitors, who feels aggrieved by some conduct on the basis of race, ethnicity, ancestry, national origin, religion, gender, genetic background, sexual orientation, gender identity and expression, transgender status, age, physical, learning and intellectual disabilities, and past/present history of a mental disability that through its Affirmative Action staff, it will promptly address the complaint and make reasonable efforts to expeditiously effect an equitable resolution.
The investigation of such complaints will be managed with appropriate sensitivity and those who utilize the grievance procedure will not be subject to retaliation.
How to File an Internal Claim of Alleged Discrimination
Who may file:
Any employee, applicant for employment, student, applicant for admission or any other person, including visitors/vendors.
When to file:
Complainant(s) are encouraged to file as soon as possible but employees should file no later than fifteen (15) calendar days and student should file no later than thirty (30) calendar days following the complainant’s first knowledge of the alleged discriminatory act. Once filed, the internal complaint must be resolved within ninety (90) calendar days.
Where to file:
The Chief Diversity Officer handles all internal complaints of discrimination and conducts an investigation into each complaint that, if proven, would constitute a violation of MCC policies.
Once an individual formally files his/her complaint, the Chief Diversity Officer will provide the individual with the college’s policies on non-discrimination and/or sexual harassment, a statement of assurances, and the procedures and timetables for processing internal complaints. A copy of the written internal complaint, signed by complainant, will be provided to the respondent within five (5) calendar days. Disclosure of information shall be in accordance with state and federal law. The Chief Diversity Officer shall be empowered to weigh all evidence pertaining to the internal complaint and determine violation of college policy as well as make recommendations, based upon the findings of fact, to the college President. Without an investigation, the Chief Diversity Officer may also mediate issues between parties where the allegations, if proven, would not constitute a violation of MCC policies.
Internal complaints will be investigated and resolved within ninety (90) calendar days of the receipt of the complaint, including the written notification to the complainant(s) and respondent(s) regarding the results of the investigation. Completion of investigation and recommendation to the president will occur within fifteen (15) business days from receipt of written complaint to allow for decision-making and appeal if necessary. Whenever possible, complaints should be resolved in accordance with relevant college policies at the supervisory, Dean or Director’s level with the concurrence of the Chief Diversity Officer.
- Employees: If the administration believes that discipline of the respondent may be warranted at this or a subsequent stage, such discipline will be processed through the appropriate Human Resources personnel policies or collective bargaining agreement.
- Students: If the administration believes that further action is warranted at this or a subsequent stage, such actions will be processed through the Office of the Dean of Student Affairs as outlined in the policy on student conduct.
Process for Filing an Appeal
Within fifteen (15) calendar days of the issuance of the determination, complainant or respondent may file an appeal of the determination. The appeal and all supporting documentation shall be submitted in writing to the college President, with copies to the Manager of Diversity, Inclusion and Staff Development and other parties to the complaint.
If an appeal of the AAO/EEO’s determination is filed, the college President shall conduct a review of said appeal and issue a written decision within thirty (30) calendar days of the appeal. The college President shall notify all parties in writing of his/her decision.
A confidential file of each internal complaint received will be maintained under these procedures. All information, including records and correspondence pertaining to said internal complaint will be kept in this file. Access to the file will be in accordance with applicable state and federal statutes and collective bargaining agreements.