2011-2012 College Catalog by Delaware Technical Community College

More catalogs by Delaware Technical Community College | 2011-2012 College Catalog | 124 pages | 2018-02-24

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Page 100 of 2011-2012 College Catalog

about allegations of discrimination upon reasonable belief that such incidents rise to the level of criminal activity the use of these procedures does not preclude a complainant from seeking recourse through the appropriate state or federal criminal law enforcement agencies at any time reporting procedures the college encourages any student who believes that he/she has been subjected to discrimination to report the offensive conduct to a college official as soon as possible for purposes of these procedures a college official shall include any faculty member academic counselor administrator or public safety officer on the campus where the conduct is alleged to have occurred students may also contact the college’s civil rights coordinator to report incidents of alleged discrimination the college’s civil rights coordinator shall be notified of all claims of discrimination as soon as reasonably practical the civil rights coordinator shall promptly appoint a civil rights review officer “review officer” from the campus where the conduct is alleged to have occurred to investigate the claim the review officer shall advise the alleged offender that a complaint of discrimination has been filed against him/her and explain the college’s prohibition against retaliation the review officer shall document receipt of the complaint by letter or other written communication to the alleged offender and to the complainant a copy of which shall also be provided to the dean and to the college’s civil rights coordinator the review officer shall investigate the complaint to determine whether or not there are sufficient grounds to support a charge of discrimination as set forth in the college’s statement of nondiscrimination policy the review officer shall encourage and/or assist the complainant to reduce his/her claims to writing which shall serve as the basis for the complaint of discrimination whenever possible the investigation shall include interviews with both parties involved in the complaint and/or may include interviews with individuals who may have observed the alleged conduct or may have relevant knowledge of the incident the review officer shall also have access to such written documents in the possession of the college including student records that he/she believes may contain relevant information or which may lead to the discovery of relevant information the review officer shall make a written determination regarding whether or not sufficient evidence exists which if true would constitute discriminatory conduct in violation of the college’s statement of nondiscrimination policy all evidence shall be viewed by the review officer in the light most favorable to the complainant when making the determination of whether or not a claim has been stated or substantiated the determination shall be made within ten 10 working days following the review officer’s appointment include the grounds and findings upon which the determination was based and be delivered to the parties the dean and to the college’s civil rights coordinator in extenuating circumstances including but not limited to those incidents that require evidence gathering by law enforcement officials the review officer may extend the ten 10 working day deadline to make the determination the parties as well as the civil rights coordinator shall be notified in writing by the review officer about the reasons for the delay and the time frame in which the determination shall be made the complainant may appeal a determination that insufficient evidence exists to support a claim of discrimination to the civil rights coordinator an appeal must be submitted in writing within ten 10 working days following the date of the review officer’s determination the decision of the civil rights coordinator regarding the sufficiency of the allegations or the evidence in support thereof shall be final in the event the civil rights coordinator determines that further proceedings are warranted the complainant shall be offered the opportunity to mediate the 96 claim or to have the matter submitted to the discrimination review committee for a hearing note mediation is not required to resolve a complaint of discrimination the complainant may end mediation at any time in favor of a hearing before the discrimination review committee within that semester will be identified on the academic calendar after the official drop/add period no tuition/fee adjustment will be made mediation mediation is an informal and confidential way for the parties to resolve the complaint with the help of the review officer the review officer will not decide who is right or wrong or issue a decision instead the review officer will help the parties work out their own voluntary solution to the complaint mediation should begin as soon as reasonably practical following an election by the complainant but in no event greater than 10 working days absent agreement by the complainant or extenuating circumstances that make commencement of the process impractical within the 10 day limit except as limited by the foregoing in the event efforts to mediate do not begin within 10 working days then the matter shall proceed to a hearing before the discrimination review committee examples of such mediated options include but are not limited to a one or more meetings between the complainant and the respondent mediated by the review officer to discuss and resolve the complaint of discrimination to the satisfaction of both parties b in the event that the complainant does not wish to confront the respondent one or more meetings in which the review officer meets separately with the complainant and the respondent to discuss options to resolve the matter the review officer shall notify the parties in writing if a settlement is reached and shall attach a