Discrimination & Grievance Policy
Title VI and VII of the Civil Right Act of 1964, Age Discrimination in Employment Act of 1967, Title I of the 1968 Civil Rights Act, Title IX of the Educational Amendments of 1972, the Civil Rights Restoration Act of 1987 and the Americans with Disabilities Act require the College to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging discrimination. Clovis Community College is committed to equitable treatment of all persons without regard to race, age, religion, color, national origin, ancestry, sex, sexual orientation, spousal affiliation, gender identity, veteran status, physical or mental disability, or serious medical conditions.
Definition
Any act of discrimination against an individual at Clovis Community College is defined as the failure to treat persons equally where no reasonable distinction can be found between those favored and those not favored. A grievance shall mean a complaint has been filed indicating a violation, misinterpretation or inequitable application of Clovis Community College policies and practices.
Scope
This policy applies to any student. An individual may bring questions about procedure, seek informal advice or present a complaint to the Executive Vice President. In cases of alleged discrimination, individuals may use this policy and procedure to initiate grievances.
Grievance Process
Step 1: Informal Discussion
The complainant, with the Director of Diversity, Equity, and Inclusion, shall attempt to resolve the matter through informal discussions with the accused party. The Director will act as a mediator/facilitator and consult confidentially with the person against whom the complaint is directed in order to call the objectionable behavior to that person’s attention, or conduct an informal discrimination/sexual harassment investigation. If the matter is not resolved to the complainant’s satisfaction, the complainant may, within ten (10) working days after the informal discussion(s) are concluded, advance to Step Two.
Step 2: Written Statement of Grievance
If, as a result of informal discussion with the accused party, the problem is not resolved, the complainant may file a formal complaint by submitting a Formal Student Complaint Form. The formal complaint shall state the time, place, and nature of the grievance and the corrective action desired. The formal complaint must be received within ten (10) working days after the informal discussion(s) are concluded. If the formal complaint is not received within the stated time, the College shall not be required to take further action on behalf of the complaining party. Copies of the written statement of grievance must be provided to the Vice President of Enrollment Management & Student Affairs within five (5) working days of the complaint being submitted. Upon receipt of the formal complaint, the Vice President of Enrollment Management & Student Affairs will facilitate an investigation at which time the Vice President will determine the appropriate length of the investigation period, which will be a minimum of ten (10) and a maximum of thirty (30) working days. The preferred time frame will be ten days, but additional time can be allotted depending on the nature of the investigation, the number of witnesses to interview, supporting documentation to gather, and availability of parties and witnesses. The complainant will be notified in writing of the allotted time for investigation. The Vice President must then provide a written response of the ruling to the complainant within ten (10) working days after completion of the investigation. The written response must include a copy of the grievance procedures for use by the complainant in the event he/she finds the response unsatisfactory. Copies of the written response to the complainant must be provided to the President.
Step 3: Appeal
If the complainant is not satisfied with the written response of the Vice President, he/she must appeal within ten (10) working days of receipt of the Vice President’s response by submitting a Student Formal Complaint Appeal Form. The appeal should state the reasons the complainant believes the decision to be in error and shall request a review of the records. A copy of the formal complaint, the investigation report, and the final ruling will be submitted to the Executive Vice President of Academic Affairs within five (5) working days of the appeal submission. The Executive Vice President shall review and provide a written decision to the complainant within ten (10) working days of receipt of the appeal. The decision of the Executive Vice President shall be the final ruling; there shall be no further appeal as a matter of right.