The following procedure shall be utilized for any complaint or allegation of harassment or discrimination under Kirtland policy, or federal or state law and regulations. This procedure shall apply to complaints or allegations raised by board members, employees, students, volunteers, guests, visitors, vendors, contractors, or other individuals against any board member, employee, student, volunteer, guest, visitor, vendor, contractor or other individual associated with Kirtland Community College.
- Any individual (“complainant”) who believes that he/she has been subjected to harassment should promptly notify whichever of the following is most pertinent: their instructor, their immediate supervisor, the director of human resources, or the business office. Employees, visitors, contractors, vendors, or guests who become aware of or are subject to harassing or discriminatory conduct should immediately notify business office personnel whose office is located at the college’s administration building, and whose office phone number is 989-275-5000 x 271. Complainants are encouraged to report any conduct, statements, or physical contact which they believe to be discriminatory or harassing. Under no circumstance is the complainant required to notify the alleged offender, and neither are they barred from doing so.
- Complaints of discrimination and/or harassment shall be promptly and thoroughly investigated by the college. Complaints of discrimination and/or harassment will be treated as confidentially as possible, recognizing the potential need to:
- Notify the alleged perpetrator of the facts relative to the claimed violation;
- Make reports required by law;
- Protect the privacy of others, including witnesses, as well as the alleged offender during the investigation; and
- Comply with state and federal law and any relevant collective bargaining agreement.
- The college will conduct a fair, thorough, impartial, and timely investigation of the allegation(s) presented in a complaint. The investigation will consider the nature of the alleged activity and the context in which the alleged activity occurred. An investigation will normally include conferring with the parties involved, as well as any named or possible witnesses. Efforts shall be made to complete the investigation within 30 calendar days of the complaint being filed. The investigating official shall be responsible to ensure that investigation is conducted fairly, promptly and thoroughly.
- It shall be considered a violation of this policy for any person to coerce, intimidate, discriminate, or retaliate against any person filing a complaint and/or assisting in the investigation of a complaint. Such misconduct may result in discipline. A complainant who knowingly files a false complaint, or an individual who knowingly provides or knows false information has been provided during such an investigation or review and fails to report such information to the investigating official, shall be subject to discipline.
- All investigations of complaints made pursuant to this policy shall be concluded with written findings, regardless of whether a complaint is factually substantiated. Such findings shall be maintained in a separate confidential file. The complainant and the person against whom the complaint is made shall, upon request, be allowed an opportunity to review the content of the report.
- The investigating official shall be responsible for drafting the findings and forwarding such information to the college president, or his/ her designee. If the college president is alleged to have discriminated and/or harassed, the findings shall be reported to the chairperson of the board of trustees.
- If the college president (or designee) determines that the complaint is valid, prompt attention and action designed to stop the discrimination and/or harassment immediately and prevent its recurrence will be taken. Depending upon the nature of the discrimination and/or harassment, the college president (or designee) or investigating official may attempt to seek a resolution acceptable to the complainant and the individual against whom the complaint was filed. This shall not limit the college’s discretion to take action it deems appropriate. The college president (or designee) may take such disciplinary and/or remedial action as is consistent with this policy, other policies and regulations, and any relevant collective bargaining agreements. The college president considers discrimination and harassment to be major offenses which can result in disciplinary action.
- All involved parties, including the complainant, the individual against whom the complaint was filed and witnesses shall be notified of the involved parties’ rights to confidentiality and that disciplinary action will be taken if said rights to confidentiality are violated.Dissemination and Distribution of PolicyThis policy shall also be annually distributed to all employees, volunteers, and contractors of the college, as well as to any labor organizations representing college employees.Inquiries regarding this policy shall be directed to:
Director of Human Resources
Kirtland Community College
10775 North St. Helen Road
Roscommon, Michigan 48653
(989) 275-5000 x 271Any inquiries or complaints regarding the obligations of the District under Title IV of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act may also be forwarded to the Assistant Secretary for Civil Rights of the United States Department of Education at:
Assistant Secretary for Civil Rights
Department of Education
5000 Mary E. Switzer Bldg. 330 C Street, SW
Washington, D.C. 20202
- This complaint procedure shall be utilized for allegations which violate POL 5.195 and the following:
- Title IV of the Education Amendments of 1972, which prohibits race and national origin discrimination in an educational institution receiving federal financial assistance.
- Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon sex, race, national origin and religion in employment.
- Title IX of the Education Amendments of 1972, which prohibits discrimination based upon sex in an educational institution receiving federal financial assistance.
- Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based upon disability.
- American with Disabilities Act of 1991, which prohibits discrimination based upon disability.
- Age Discrimination in Employment Act, which prohibits discrimination based upon age.
- Michigan Persons with Disabilities Civil Rights Act, which prohibits discrimination based upon handicap.
- Michigan Elliott-Larsen Civil Rights Act, which prohibits discrimination based upon sex, race, religion, marital status, height, weight, age and national origin.
- Title IV of the Education Amendments of 1972, 20 USC 1681, et seq.
- Title VII of the Civil Rights Act of 1964, 42 USC 2000e, et seq.
- Title IX of the Education Amendments of 1972, 20 USC 1681, et seq.
- Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq.
- 504 of the Rehabilitation Act of 1973, 29 USC 794.
- Americans With Disabilities Act, 42 USC 1201, et seq.
- Michigan Persons with Disabilities Civil Rights Act, MCLA 37.1101, et seq.
- Age Discrimination in Employment Act of 1967, USC 621, et seq.
- Regulations promulgated pursuant to the above statutes.
To view the policy, go to POL 5.195 Harassment or Discrimination