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POL 2.280 Title IX Grievance Procedure

Title IX of the Educational Amendments of 1972 as amended bans sex discrimination in schools, whether it is in academics or athletics. Title IX states:

“No person in the U.S. shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid.”

Kirtland Community College shall comply with all applicable state and federal statutes relating to nondiscrimination.  The college provides the following grievance procedure for use by any person participating in a college sponsored program, service, or activity, who believes his or her rights as provided for under Title IX have been violated.

The president of the college shall designate an individual or position responsible for compliance with Title IX.  The college shall inform all students and employees of the name, office, work address and email, and work fax and telephone numbers of the employee designated to serve as the Title IX compliance officer.  The responsible individual shall be available to assist the aggrieved individual or parties with this procedure, as well as conduct or coordinate an investigation and report their findings.  The president will be informed of the general issues of any written complaint, and of the findings from the investigation.

Any retaliatory action of any kind taken by any member of the college community against any other member of the college community as a result of that person seeking a remedy under these procedures, cooperating in an investigation, or otherwise participating in any proceeding under these procedures, is prohibited and will be addressed as a separate investigative and disciplinary matter.

Approved December 10, 2009
Revised July 1, 2010

PRO 2.280 TITLE IX GRIEVANCE PROCEDURE

Option 1
The college encourages informal resolution of complaints.  If appropriate, the aggrieved individual(s) may first discuss the complaint directly with the individual against whom the complaint is made.  If the alleged discrimination involves a department or unit rather than an individual, the aggrieved individual(s) may discuss the complaint with a representative of that department/unit.  If the complaint is not resolved as a result of this discussion, or if the aggrieved individual(s) do not wish to proceed informally, they should proceed to Option 2.

Option 2
The aggrieved individual(s) may file a complaint with Kirtland Community College’s Title IX compliance officer.  If the Title IX compliance officer is the person alleged to have discriminated, the complaint may be filed directly with the president of the college, who shall designate another qualified individual to conduct the investigation and report their findings.  The complaint must be in writing and include the grievant’s name and address, the nature of the alleged violation, name of persons responsible for the alleged violation (where known), requested relief or corrective action (specification of desired relief shall be at the grievant), and any background information the grievant believes to be relevant (e.g. witnesses to the alleged violation, name or groups of other persons who may be affected, etc.).

A complaint should be filed in a timely manner following an alleged violation.  The college will take affirmative steps to comply with the provisions of Title IX at any time a violation becomes known, but may not be able to address a specific instance of alleged violation if the passage of time has rendered memories unclear and relevant documentation is lacking.  Aggrieved individual(s) are urged to initiate either option within a week of becoming aware of a perceived violation.

Upon receipt of the complaint, the Title IX compliance officer will immediately conduct an investigation.  All parties related to the complaint will be afforded the opportunity to submit evidence (including statements from witnesses) relevant to the complaint.  The investigation will be completed within 20 working days and a statement of findings will be issued by the Title IX compliance officer to the individual or department/unit against whom the complaint is made and to the grievant.

If the compliance officer determines that the allegations of discrimination have merit, a proposed resolution according to law and college policy will be submitted to the parties involved.  If the proposed recommendations are acceptable to the grievant and the solutions are implemented, the complaint is considered resolved.

The grievant may request a reconsideration of the case (an appeal) in instances where he or she is dissatisfied with the resolution.  The request for consideration should be filed in the president’s office within 10 working days of receipt of the resolution, or as soon as possible following evidence the accepted solution has not been implemented.  The president will review the request and issue a final resolution in a timely manner.  The decision of the president if final.

Anyone at any time may contact the following:
Office for Civil Rights
United States Department of Education
400 Maryland Avenue, S.W.
Washington, D.C.  20202-1100
(202) 245-6800

Or
Office for Civil Rights
United States Department of Education
600 Superior Avenue East
Cleveland, OH  44114-2614
(216) 522-4970

Complaints of discrimination will be treated as confidentially as possible, recognizing the potential need to notify the alleged perpetrator of the facts relative to the alleged violation, contact and interview witnesses and other knowledgeable parties, inform key staff of issues required for compliance, and reply to any state or federal agencies who may have been informed of the alleged violation.

The Title IX grievance procedure will be published in accessible format in college publications.  Copies of the Title IX grievance procedure will be provided upon request.

The Title IX grievance officer shall maintain a record of filed Title IX complaints, including resolutions and/or actions taken to address each complaint.