Chapter 3354:1-42 Policies on Discrimination and Harrassment

3354:1-42-01 College policy on affirmative action, inclusive excellence, equal opportunity, indent discrimination, and harassment.

(A) Commitments

The college embraces human diversity and is committed to affirmative action, inclusive excellence and equal opportunity. The college is committed to eliminating discrimination and harassment in the workplace and academic environment. These commitments are moral imperatives consistent with an intellectual community that celebrates individual differences, diversity, and meaningful individual freedom to pursue professional and educational goals. In many circumstances, these commitments also represent legal requirements.

(B) Discrimination

Employment and academic discrimination against any individual on the basis of age, ancestry, color, disability, military status, national origin, race, religion, sex, sexual orientation, gender identity and expression, pregnancy, veteran status and genetic information is prohibited.

(C) Affirmative action and diversity

The college is committed to maintaining a diverse workforce as it continues to pursue the highest quality employees. It is the responsibility of every employee to foster a college environment that embraces human diversity and is committed to affirmative action and equal opportunity.

(D) Inclusive excellence

The fundamental premise of inclusive excellence is the intentional integration of diversity into the core aspects of the institution, including academic priorities, leadership, decisionmaking, day-to-day operations, and organizational cultures. The College is committed to diversity and inclusion and therefore seeks to focus on greater diversity, equity, inclusion, and accountability at every level.

(E) Harassment

(1) Harassment, in general

Harassment against any individual on the basis of age, ancestry, color, disability, military status, national origin, race, religion, sex, sexual orientation, gender identity and expression, pregnancy, veteran status and genetic information is prohibited. Conduct whether verbal, non-verbal, or physical may constitute harassment if it relates to any such classification and creates an intimidating, hostile, or offensive work or academic environment that unreasonably interferes with work or academic performance or negatively affects an individual's employment or academic opportunities.

(2) Forms of harassment, in general.

Harassment occurs in many forms, and an exhaustive list cannot be created. Harassment can occur between any individuals associated with the college - for example, an employee and a supervisor; coworkers; faculty members; a faculty, staff member, student, or employee and a customer, vendor, or contractor; or a student and a faculty member. Harassment in the workplace or academic environment may manifest itself in many ways, including without limitation jokes, slurs, derogatory expressions, graphics, cartoons, objects, e-mails, or comments.

(3) Sexual harassment

(a) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature generally constitute unlawful sexual harassment when:

(i) Submission to sexual conduct is an explicit or an implicit term or condition of an individual's employment or of a student's status in a course, program, or activity;

(ii) Submission to or rejection of sexual conduct by an individual is used as the basis for any employment or academic decision affecting that individual; or

(iii) The sexual advances, requests for sexual favors, and/or verbal conduct of a sexual nature have the purpose or effect of substantially interfering with an individual's work or academic performance or create an intimidating, hostile, or offensive working or learning environment.

(b) The following are examples of unwelcome conduct which may constitute sexual harassment:

(i) Requests for sexual favors

(ii) Physical touching

(iii) Lewd or suggestive remarks

(iv) Requests for dates or meetings after work or class

(v) Demands for sexual favors in return for salary increases, promotion, other benefits of employment, grades or letters of recommendation

(vi) Sexually explicit magazines, picture, jokes or e-mails displayed or told in the work area or the classroom

(vii) Questions or remarks about the sexual body parts of an individual

(F) Any managerial or supervisory level employee who learns of a violation of this policy must immediately report the violation to the office of diversity and inclusion Employee Relations.

(G) The college shall conduct regular training to encourage compliance with this policy.

(H) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the implementation of this policy.

Effective: 5/26/2017
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05, 06/20/08, 07/08/11

3354:1-42-01.2 Discrimination and harassment complaint procedure.

(A) Introduction

(1) The college prohibits discrimination against students, employees and others based on race, color, religion, sex (including sexual harassment), pregnancy, national origin, ancestry, disability, age, sexual orientation, gender identity and expression, veteran status, military status and genetic information.

(2) This procedure is to be followed for the resolution of any complaint alleging discrimination against students, employees and others based on race, color, religion, sex (including sexual harassment), pregnancy, national origin, ancestry, disability, age, sexual orientation, gender identity and expression, veteran status, military status and genetic information. This includes but is not limited discrimination claims based upon:

(a) Title IX of the Education Amendments of 1972, which prohibits sex discrimination in educational programs and activities that receive federal financial assistance;

(b) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on disability in educational programs and activities that receive federal financial assistance; and

(c) Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination based on disability within a public entity.

(3) Cuyahoga community college ("the College") provides this grievance procedure to insure that college students, employees and others are treated fairly, and that they receive prompt responses to problems and complaints of discrimination or harassment whether based on race, color, religion, sex (including sexual harassment), pregnancy, national origin, ancestry, disability, age, sexual orientation, gender identity and expression, veteran status, military status and genetic information.

(4) The College prohibits any retaliation against anyone who files a complaint or participates in an investigation concerning a claim of discrimination and/or harassment whether based on race, color, religion, sex (including sexual harassment), pregnancy, national origin, ancestry, disability, age, sexual orientation, gender identity and expression, veteran status, military status and genetic information.

(5) In cases of harassment based upon a person's race, color, religion, sex, pregnancy, national origin, ancestry, disability, age, sexual orientation, gender identity and expression, veteran status, military status and genetic information, the college will take steps to prevent the recurrence of any harassment, and to correct discriminatory effects on those affected as appropriate.

(6) The college shall protect the privacy of individuals involved in a report or investigation of discrimination or harassment to the extent allowed by state and federal law and college policy.

(B) Coordinator

The college has designated the director of diversity and inclusion, from office of human resources as the coordinator for Title IX, Title II and Section 504. They may be contacted at 2500 E. 22nd Street, Cleveland, Ohio 44115 or at 216-987-0204.

(C) Informal grievance procedure

(1) The college encourages informal resolution of complaints where appropriate. A student, employee or other may first discuss a complaint directly with the individual against whom the complaint is made.

(2) If a complaint involves a department and not a particular individual, the student, employee or others making the complaint may discuss the incident(s) with a representative of that department, such as the supervisor, manager, director or dean for the department in which the alleged incident(s) occurred.

(3) Whenever possible, informal resolution should be initiated within thirty calendar days of the alleged incident(s). Should the complaint not be resolved as a result of informal resolution, the student, employee or other may utilize the Formal Grievance Procedure.

(D) Formal grievance procedure

(1) Students, employees and/or others who believe they have been subject to discrimination based on race, color, religion, sex, pregnancy, national origin, ancestry, disability, age, sexual orientation, gender identity and expression, veteran status, military status and genetic information whether involving students, employees, faculty or others, may elect to use the formal grievance procedure to resolve their grievances.

(2) No one is required to utilize the informal grievance procedure before proceeding directly to the formal grievance procedure.

(3) Complaint process

(a) A student, employee or other third party who elects to file a formal grievance ("Claimant") must complete and submit the formal standardized complaint of discrimination Form ("Complaint Form") to the college's office of human resources. This can be obtained by contacting the site human resource manager, or the office of human resources, located at 2500 E. 22nd street, Cleveland, Ohio 44115.

In the event that the complaint is directed against any of the employees within the Office of Human Resources, the Claimant may file the Complaint Form with the Vice President of Human Resources, located at 2500 E. 22nd Street, Cleveland, Ohio 44115. The Vice President may also be reached at (216) 987-4836.

(b) The complaint form should be submitted to the office of human resources within ninety calendar days of the alleged incident(s). However, the College encourages a Claimant to file his other complaint as soon after the alleged incident(s) as possible to enable a fair and quality investigation.

(d) The office of human resources will conduct an impartial investigation of the complaint. The investigation will include the following, as appropriate:

(i) Review of the complaint form including any attached documents.

(ii) Interview of the (claimant and the person(s) against whom the complaint is made ("Respondent).

(iii) Opportunity for the claimant and respondent to identify witnesses and supply evidence.

(iv) Interview of witnesses and review of evidence, including obtaining additional information from the claimant and respondent, as necessary.

(v) Documentation of the interviews and witness statements.

(vi) Drafting of findings of facts, including agreed and disputed facts.

(vii) If deemed appropriate, an attempt for resolution of the grievance between the claimant and respondent.

(viii) A determination as to whether the claimant was subject to discrimination.

(ix) In the event of a student complaint against another student, referral and recommendation to the dean of student affairs for the campus where the alleged incident(s) occurred for purposes of considering conduct sanctions.

(x) In the event of a complaint against an employee, vendor or other third party, referral and recommendation to the office of human resources for purposes of considering whether due process and/or corrective action proceedings are appropriate.

(xi) In the event of a complaint against a faculty member, referral and recommendation to the office of human resources and the dean of academic affairs for the campus where the alleged incident(s) occurred for purposes of considering whether due process and/or corrective action proceedings are appropriate.

(4) Complaint determination

(a) The office of human resources will make every reasonable effort to conclude the investigation, including issuance of findings and a written report, within thirty calendar days.

(b) If an investigation cannot be completed within thirty calendar days, then the office of human resources shall notify the claimant in writing and provide an estimated completion date.

(c) If the investigation takes longer than ninety calendar days, the office of human resources will periodically inform the claimant of the status of the investigation.

(d) The claimant, respondent, and when appropriate, the respondent's supervisor, manager, director or appropriate dean (as defined in this paragraph ), shall be notified in writing of the outcome of the investigation.

(5) Appeal

(a) Student complaint against another student.

(i) At the conclusion of an investigation involving a student complaint against another student, the claimant may appeal the investigation outcome by filing a written appeal with the dean of student affairs for the campus on which the alleged incident(s) occurred within five business days of receipt of the determination.

(ii) The written appeal shall contain a concise statement of the complaint, the rationale for the appeal, including any relevant documentation, and cite the requested remedy.

(iii) Upon the filing of an appeal, an appellate board will review the original complaint, determination, recommendation and supporting information.

(iv) The appellate board will make every reasonable effort to issue a written decision within fourteen business days from receipt of the appeal. If additional time is necessary, the appellate board will so inform the claimant.

(v) With respect to the student's complaint, the appellate board's decision will be final.

(vi) The appellate board shall be authorized by the executive vice president for academic and student affairs ("EVP-ASA") and shall consist of three members with college-wide jurisdiction. The members of the appellate board shall include two deans of student affairs (excluding the dean of student affairs for the campus where the alleged incident(s) occurred), and one assistant dean of student affairs from the same two campuses, as determined by the EVP-ASA.

(b) Complaints against an employee, faculty member or other third party.

(i) At the conclusion of an investigation involving a complaint against an employee, faculty member, vendor or other third party, the claimant may appeal the determination by filing a written appeal with the vice president of human resources or designee, within five business days of receipt of the determination.

(ii) The written appeal shall contain a concise statement of the complaint, the rationale for the appeal, including any relevant documentation, and cite the requested remedy.

(iii) Upon the filing of an appeal, the vice president of human resources or designee will review the original complaint, determination, recommendation and supporting information.

(iv) The vice president of human resources or designee will make every reasonable effort to issue a written decision within fourteen business days from receipt of the appeal. If additional time is necessary, the vice president of human resources or designee will so inform the claimant.

(v) With respect to the claimant's complaint, the vice president of human resources' or designee's decision will be final.

(E) Time frames

(1) The time frames and limits above are subject to modification on a case-by-case basis due to operational requirements, travel away from campus, complexity of investigations and other considerations.

(2) The term "business day" means a day that falls on or between Monday through Friday, excluding any date that is a college

(3) holiday; winter leave day; or day that the college is closed for weather, emergency, or any other reason.

(F) Public records

A report of discrimination or harassment may result in the gathering of extremely sensitive information about individuals in the college community. The college may be required to disclose personal information in accordance with Ohio public records law.

(G) Governmental agencies

(1) A claimant is not required to use the college's internal grievance procedure and thus a claimant may, at any time, choose to file a complaint directly with the department of education, Office for Civil Rights. The Office for Civil Rights may be contacted as follows:

"Office for Civil Rights, Cleveland

U.S. Department of Education

600 Superior Avenue East, Suite 750

Cleveland, OH 44114

Tel.: (216) 522-4970 Fax: (216) 522-2573"

(2) A claimant may also choose to file directly with the Ohio civil rights commission. The Ohio civil rights commission may be contacted as follows:

"Ohio Civil Rights Commission

Cleveland Regional Office

615 W. Superior Avenue, Suite 885

Cleveland, OH 44113-1897

Tel.: (216) 787-3150 Fax: (216) 787-3549"

(3) Claimant may also choose to file an action with the equal employment opportunity commission. The equal employment opportunity commission may be contacted as follows:

"Equal Employment Opportunity Commission

Cleveland Field Office

Anthony J. Celebrezze Federal Building

1240 E. 9th Street, Suite 3001

Cleveland, Ohio 44199

Tel.: (800) 669-4000 Fax: (216) 522-7395

TTY: (800) 669-6820"

(H) The president or the president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.

Replaces: part of 3354:1-42-01

Effective: 7/8/2011
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05, 06/20/08

3354:1-42-01.3 ADA reasonable accommodation procedure.

(A) No individual with a disability shall, solely by reason of the person's disability, be excluded from employment or employment related benefits. Employment, hiring, and advancement will be based solely on the person's ability to perform what the college determines to be essential job functions.

(B) Accommodations will be made for an otherwise qualified applicant or employee with a disability, except to the extent the accommodation imposes an undue financial or administrative hardship on operations.

(C) Notice of the availability of reasonable accommodations for job applicants will be included in postings and advertisements and will be made available upon request to applicants with disabilities during the pre-employment process in an effort to ensure equal employment opportunity.

(D) All applicants will be informed at the initial interview that the College does not discriminate on the basis of disability and that requests for reasonable accommodations needed for the performance of essential job functions or for the enjoyment of other benefits of employment should made upon, or promptly following, receipt of a conditional offer of employment.

(E) Persons with disabilities employed by the college are encouraged to request reasonable accommodation at any time when such accommodation becomes necessary to facilitate the employee's performance of essential functions of their job or to allow the enjoyment of any other benefits of employment.

(1) Requests for reasonable accommodations must be presented in writing to the employee's immediate supervisor or to the office of affirmative action and diversity. The request should include a written description of the nature and purpose of the accommodation. Assistance will be made available to any employee requiring assistance in identifying an appropriate accommodation or in documenting the reasons why such accommodation is needed.

(2) The college will use reasonable efforts to make a decision within ten business days of the submission of a reasonable accommodation request accompanied by any supporting documentation needed by the college to fairly evaluate the request. The effectiveness of the accommodation and the need for changes or additions to the accommodation will be assessed during first month of the employee's use of the accommodation.

(3) All reasonable accommodation requests and documentation, discussions, decisions and other matters relative to an employee's status as a person with a disability should be kept confidential to the extent permitted by law.

(4) The final decision concerning any requested accommodation that may represent an undue financial or administrative hardship will be made by the office of human resources. Applicants and employees have the right to appeal the denial of any accommodation request using the college's ADA grievance procedure.

(F) The president or the president's designee shall take all steps necessary and appropriate for the implementation of this procedure.

Replaces: part of 3354:1-42-01.3

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prier effective date: 12/15/05