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.
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.
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.
The complainant, with the Executive Vice President, shall attempt to resolve the matter through informal discussions with the accused party. The Executive Vice President 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 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.
If, as a result of informal discussion with the accused party, the problem is not resolved, the complainant may submit a written grievance to the Executive Vice President. Copies of the written statement of grievance must be provided to the President. The written statement of grievance shall state the time, place, and nature of the grievance and the corrective action desired. The written statement of grievance must be received within ten (10) working days after the informal discussion(s) are concluded. If the written complaint is not received within the stated time, the College shall not be required to take further action on behalf of the complaining party. The Executive Vice President must provide a written response to the complainant within ten (10) working days after receipt of the written statement of grievance. Copies of the written response to the complainant must be provided to the President. 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. If the Executive Vice President’s response is satisfactory, the grievance shall be closed.
If the complainant is not satisfied with the written response of the Executive Vice President, he/she must within ten (10) working days of receipt of the Executive Vice President’s response, request in writing that a Grievance Committee be convened. The letter shall state the reasons the complainant believes the decision to be in error and shall request a review of the records. A meeting will be arranged within ten (10) working days. The meeting shall be conducted as follows:
The written statement of grievance prepared in Step Two shall be reviewed.
A five-member ad hoc Grievance Committee will be appointed by the President. If the President is involved in the grievance, then the committee shall be appointed by the Chair of the Board of Trustees. The five members will include an administrator, two professionals, and two support personnel who are full-time employees. The committee will hear testimony, examine witnesses, and consider any relevant evidence presented.
Both the complainant and the accused party shall have the right to present relevant written or oral statement, testimony, evidence, and witnesses. The complainant and accused may be present at the hearing and may be represented by persons of their choice. Each party shall have the right to be represented by counsel and to question witnesses and hear testimony.
Within five (5) working days following the close of the meeting, the Grievance Committee shall issue a written decision for resolution of the grievance, limiting the decision to the issues contained in the formal grievance.
The Grievance Committee shall present its decision in writing to the complainant, the accused, and the President. The response shall include instructions to the complainant on proceeding to Step Four of the grievance process in the event the complainant is not satisfied with the outcome at this level. If the complainant accepts the results of Step Three, the grievance shall be closed.
If the complainant is dissatisfied with the committee response, he/she may, within five (5) working days, request in writing a review by the President. If the President is involved in the grievance, then the complainant may, within five (5) working days, request in writing a review by the Chair of the Board of Trustees. The request must state the desired outcome of the review. Within five (5) working days after receipt of the grievance, the President will notify all parties of her decision, which may include, but not be limited to one of the following:
There shall be no further appeal as a matter of right.