1b.1 nondiscrimination
in
employment & education opportunity policy
www.mnscu.edu/board/policy/1b-01.html
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 1.
Minnesota State Colleges and Universities is committed to a policy of
nondiscrimination in employment and education opportunity. No person shall be discriminated
against in the terms and conditions of employment, personnel practices, or access to and
participation in, programs, services, and activities with regard to race, sex, color, creed, religion, age,
national origin, disability, marital status, status with regard to public assistance, or sexual orientation.
In addition, discrimination in employment based on membership or activity in a local commission as
defined by law is prohibited.
Harassment on the basis of race, sex, color, creed, religion, age, national origin, disability, marital
status, status with regard to public assistance, or sexual orientation is prohibited. Harassment may
occur in a variety of relationships, including faculty and student, supervisor and employee, student
and student, staff and student, employee and employee, and other relationships with persons having
business at, or visiting the educational or working environment.
This policy is directed at verbal or physical conduct that constitutes discrimination /harassment
under state and federal law and is not directed at the content of speech. In cases in which verbal
statements and other forms of expression are involved, Minnesota State Colleges and Universities
will give due consideration to an individual’s constitutionally protected right to free speech and
academic freedom. However, discrimination and harassment are not within the protections of
academic freedom or free speech.
The system office, colleges, and universities shall maintain and encourage full freedom, within the
law, of expression, inquiry, teaching and research. Academic freedom comes with a responsibility
that all members of our education community benefit from it without intimidation, exploitation or
coercion.
This policy shall apply to all individuals affiliated with Minnesota State Colleges and Universities,
including but not limited to, its students, employees, applicants, volunteers, agents, and Board of
Trustees, and is intended to protect the rights and privacy of both the complainant and respondent
and other involved individuals, as well as to prevent retaliation or reprisal. Individuals who violate
this policy shall be subject to disciplinary or other corrective action.
This policy supersedes all existing system, college, and university non-discrimination policies.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 2. Definitions.
Subpart A. Consensual Relationship. A sexual or
romantic relationship between two persons who voluntarily enter into
such a relationship. Employees who are members of the same household
should also refer to the Board of Trustees Nepotism policy 4.10.
Subpart B. Discrimination. Discrimination is
defined as conduct that is directed at an individual because of his
or her protected class and that subjects the individual to different
treatment by agents or employees so as to interfere with or limit
the ability of the individual to participate in, or benefit from,
the services, activities, or privileges provided by the system or
colleges and universities or otherwise adversely affects the
individual's employment or education.
Subpart C. Discriminatory harassment.
Discriminatory harassment is defined a s verbal or physical
conduct that is directed at an individual because of his or her
protected class, and that is sufficiently severe, pervasive, or
persistent so as to have the purpose or effect of creating a hostile
work or educational environment.
As required by law, Minnesota State Colleges and
Universities has further defined sexual harassment as a form of
sexual discrimination which is prohibited by state and federal law. Sexual harassment is defined as unwelcome sexual
advances, requests for sexual favors, sexually motivated physical
conduct, and other verbal or physical conduct of a sexual nature
when:
1. Submission to such conduct is made either
explicitly or implicitly a term or condition of an individual's employment or education, evaluation of
a student's academic performance, or term or condition of participation in student
activities or in other events or activities sanctioned by the college or university; or
2. Submission to or rejection of such conduct by an
individual is used as the basis for employment or academic decisions or other decisions
about participation in student activities or other events or activities sanctioned
by the college or university; or
3. Such conduct has the purpose and effect of
threatening an individual's employment; interfering with an individual's work or academic
performance; or creating an intimidating, hostile, or offensive work or educational
environment.
Subpart D. Employee. Minnesota State Colleges
and Universities personnel include all faculty, staff, administrators, teaching assistants,
graduate assistants, residence directors and student employees.
Subpart E. Protected Class. Protected class for
the purpose of this policy means that discrimination and harassment in employment and
education are prohibited on the basis of: race, sex, color, creed, religion, age, national origin,
disability, marital status, status with regard to public assistance or sexual orientation. In
addition, membership or activity in a local human rights commission is a protected class in
employment.
Subpart F. Retaliation. Retaliation includes,
but is not limited to, intentionally engaging in any form of intimidation, reprisal or harassment
against an individual because he or she made a complaint under this policy or assisted or
participated in any manner in an investigation, or process under this policy, regardless of whether a
claim of discrimination or harassment is substantiated; or associated with a person or group
of persons who are disabled or are of a different race, color, creed, religion, sexual
orientation or national origin. Retaliation may occur whether or not there is a power or authority
differential between the individuals involved.
Subpart G. Sexual harassment and violence as sexual
abuse. Under certain circumstances, sexual harassment or violence may constitute sexual
abuse according to Minnesota law. In such situations, the system office and colleges and
universities shall comply with the reporting requirements in Minnesota Statutes Section 626.556
(reporting of maltreatment of minors) and Minnesota Statutes Section 626.557 (Vulnerable Adult
Protection Act). Nothing in this policy will prohibit the system office or any college or
university from taking immediate action to protect victims of alleged sexual abuse. Minnesota
State Colleges and Universities 1B.3 Sexual Violence Policy addresses sexual violence.
Subpart H. Student. “Student” means an
individual who is:
1. admitted, enrolled, registered to take or is
taking one or more courses, classes, or seminars, credit or noncredit, at any System college or
university; or
2. between terms of a continuing course of study at
the college or university, such as summer break between spring and fall academic terms; or
3. expelled or suspended from enrollment as a
student at the college or university, during the pendency of any adjudication of the student
disciplinary action.
Part 3. Consensual Relationships. An employee of
Minnesota State Colleges and Universities shall not enter into a consensual relationship with
a student or an employee over whom he or she exercises direct or otherwise significant academic,
administrative, supervisory, evaluative, counseling, or extracurricular authority or influence. In the
event a relationship already exists, each college and university and system office shall develop a
procedure to reassign evaluative authority as may be possible to avoid violations of this policy. This
prohibition does not limit the right of an employee to make a recommendation on personnel matters
concerning a family or household member where the right to make recommendations on such personnel
matters is explicitly provided for in the applicable collective bargaining agreement or
compensation plan.
Part 4. Retaliation. Retaliation as defined in
this policy is prohibited in the system office, colleges and universities. Any individual subject to this
policy who intentionally engages in retaliation shall be subject to disciplinary or other corrective
action as appropriate.
The chancellor shall establish procedures to
implement this policy. The nondiscrimination in employment and education opportunity policy and
procedures of colleges and universities shall comply with Policy 1B.1 and Procedure 1B.1.1.
return to top
1b.1.1 report/complaint of
discrimination/harassment
investigation & resolution
procedure
www.mnscu.edu/board/procedure/1b01p1.html
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
1.
Procedure Objective
2. Definitions
3. Reporting Incidents of
Discrimination/Harassment
4. Right to Representation
5. Investigation & Resolution
6. System Office, College, &
University Action
7. Appeal
8. Education & Training
9. Dissemination of
Report/Complaint Procedure
10. Maintenance of
Report/Complaint Procedure Documentation
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 1. Procedure
Objective.
This procedure is designed to
further implement Minnesota State Colleges and Universities policies
relating to nondiscrimination by providing a process through which
individuals alleging violation of system nondiscrimination policies
may pursue a complaint. This includes allegations of discrimination
or harassment based on sex, race, age, disability, color, creed,
national origin, religion, sexual orientation, marital status,
status with regard to public assistance or membership or activity in
a local commission. This procedure is not applicable to allegations
of sexual violence which should be handled under appropriate system
and college or university policies and procedures.
A single act of
discrimination may be based on more than one protected class status.
For example, discrimination based on anti-Semitism may relate to
religion, national origin, or both; discrimination against a
pregnant woman might be based on sex, marital status, or both.
This procedure shall apply
to all individuals affiliated with Minnesota State Colleges and
Universities, including its students, employees, and applicants for
employment, and is intended to protect the rights and privacy of
both the complainant and respondent and other involved individuals,
as well as to prevent retaliation/reprisal. Individuals who violate
this procedure shall be subject to disciplinary or other corrective
action.
Not every act that may be
offensive to an individual or group constitutes discrimination or
harassment. In determining whether discrimination or harassment has
occurred, the totality of the circumstances surrounding the incident
must be carefully reviewed and due consideration must be given to
the protection of individual rights, freedom of speech, academic
freedom and advocacy.
The system office,
colleges, and universities shall maintain and encourage full
freedom, within the law, of expression, inquiry, teaching, and
research. Academic freedom comes with a responsibility that all
members of our education community benefit from it without
intimidation, exploitation, or coercion. Discrimination and
harassment are not within the protections of academic freedom.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 2. Definitions.
Subpart A. Designated
Officer. A designated officer
is an individual designated by the president or chancellor to be
primarily responsible for investigating or coordinating the
investigation of reports and complaints of discrimination/
harassment in accordance with this procedure. Designated officers
may include individuals in the affirmative action or equity office,
the campus security office, the student affairs or student life
office, academic or administrative offices of the system office,
college, or university. The president or chancellor may designate
other individuals to assume the role of the designated officer as
deemed necessary.
Designated officers must
attend investigator training conducted by the Office of the
Chancellor.
Subpart B.
Decision-Making Authority. A
decision-maker is an individual designated by the president or
chancellor to review investigative reports, to make findings whether
the discrimination/harassment policies have been violated based upon
the investigation and other measures deemed necessary to reach a
decision, and to determine the appropriate action for the
institution to take based upon the findings. The decision-maker
shall be a top level administrator such as a college or university
vice president, dean or provost. At the system office, the
decision-maker shall be a top level administrator such as a
chancellor, vice chancellor, associate vice chancellor or other
appropriate system office personnel. The president or chancellor may
designate other individuals to assume the role of the decision-maker
as deemed necessary.
Designated decision-makers
for complaints under this procedure, including presidents, must
attend decision-maker training conducted by the Office of the
Chancellor.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 3. Reporting
Incidents of Discrimination/Harassment.
Subpart A. Reporting an
Incident. The system office,
colleges, and universities encourage any individual, including any
student, employee, applicant for employment, or person eligible for
employment (as defined by Minnesota Statutes section 43A.02), who
feels she or he has been or is being subjected to
discrimination/harassment to report the incident to the designated
officer. Any student, faculty member or employee who knows of,
receives information about or receives a complaint of
discrimination/harassment is urged to report the information or
complaint to the designated officer of the system office, college,
or university.
Subpart B. Personal
Resolution. In instances where
an individual believes she/he personally has been subjected to
behavior prohibited by the 1B.1 Nondiscrimination policy, that
individual may voluntarily choose to directly address the offensive
behavior. In such a situation, she or he should clearly explain to
the alleged offender as soon as possible after the incident that the
behavior is objectionable and that it stop. Communication with the
alleged offender may be in person, on the telephone, or in writing.
If the behavior does not stop or if the individual believes some
employment or education consequences may result from the discussion,
she or he should go to the designated officer to process the
complaint. Under no circumstances shall an individual be required to
use personal resolution to address prohibited behaviors rather than
reporting the behavior to the designated officer.
Subpart C. Duty to
Report. Unless the matter
already has been referred to the designated officer, administrators
and supervisors must inquire into allegations or behaviors that they
reasonably believe may constitute discrimination or harassment and,
when a report/complaint appears to be warranted, refer the matter to
the designated officer. The duty to report shall not be construed to
prevent immediate corrective action by an administrator or
supervisor when appropriate.
Subpart D.
Institutional Responsibility.
1. Colleges &
Universities. This
procedure applies to all members of the educational community
including students. Reports/complaints against a president of a
college or university shall be filed with the system office.
Complaints against a president shall be processed by the college
or university if the president’s role in the alleged incident
was limited to a decision on a recommendation made by another
administrator, such as tenure, promotion or non-renewal, and the
president had no other substantial involvement in the matter.
Reports and complaints against college or university vice
presidents, deans, or provosts are filed at the campus level
with the president or the president’s designee as
decision-maker.
2. System Office.
For reports/complaints
which involve allegations against system office employees, the
responsibilities identified in this procedure as those of the
president are the responsibilities of the chancellor.
Reports/complaints which involve allegations against the
chancellor or a member of the Board of Trustees shall be
referred to the chair or vice chair of the Board of processing.
Such reports/complaints may be assigned to appropriate system
office personnel or outside investigatory assistance may be
designated.
Subpart E. Retaliation
& Reprisal. No retaliation,
reprisal or intimidation in conjunction with a complaint of
discrimination/harassment shall be tolerated by the system office,
colleges, and universities. State law prohibits reprisal by a
respondent, employer, labor organization, educational institution,
employee, agent of the above and others as specified in statute.
(Minnesota Statutes section 363.03). Any individual who retaliates
against any person who testifies, assists, or participates in an
investigation, proceeding or hearing in relation to a
discrimination/harassment complaint shall be subject to disciplinary
or other action.
Retaliation includes, but
is not limited to, any form of intimidation, reprisal, coercion,
discrimination, harassment, or unwanted sexual contact toward a
complainant, or the complainant’s relatives, friends or associates.
Retaliation may occur whether or not there is a power or authority
differential between the individuals involved. Reprisal also
includes discrimination against an individual because that person is
associated with a protected group member. Allegations of retaliation
or reprisal shall be reported to the designated officer for
appropriate action.
Subpart F. False
Statements Prohibited. Any
individual who provides false statements regarding the filing of a
discrimination report/complaint or during the investigation of such
a report/complaint may be subject to disciplinary or corrective
action.
Subpart G. Withdrawn
Complaints. If a complainant no
longer desires to pursue a complaint, the system office, colleges,
and universities reserve the right to investigate and resolve the
complaint.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 4. Right to
Representation. In accordance
with federal law and applicable collective bargaining agreement and
personnel plan language, represented employees may have the right to
request and receive union representation during an investigatory
meeting.
Nothing in this procedure
is intended to expand, diminish or alter in any manner whatsoever
any right or remedy available under a collective bargaining
agreement, personnel plan or law. Any disciplinary action imposed as
a result of an investigation conducted under this procedure will be
processed in accordance with the applicable collective bargaining
agreement or personnel plan.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 5. Investigation
& Resolution. The system
office, college or university has an affirmative duty to take timely
and appropriate action to stop inappropriate behavior, conduct
investigations and facilitate resolutions as appropriate.
Subpart A. Making a
Report/Complaint. The
designated officer must be contacted in order to initiate a
report/complaint. The report/complaint should be brought as soon as
possible after an incident occurs. The designated officer shall
retain control of the investigatory process and determine whether
and/or how to proceed.
Subpart B. Initial
Inquiry & Review Process.
After receiving a report/complaint, the designated officer shall
take the steps listed below:
1. Jurisdiction.
The designated officer
shall determine whether the report/complaint is one which should
be processed through another system office, college or
university procedure available to the complainant; if
appropriate, the designated officer shall direct the complainant
to that procedure as soon as possible.
2. Conflicts.
If the designated officer
determines that the report/complaint falls within the scope of
the institution’s nondiscrimination policies and this procedure,
the designated officer shall first determine who will conduct
the complaint process. The designated officer should identify to
the president or chancellor any real or perceived conflict of
interest in proceeding as the designated officer for a specific
complaint. If the president determines that a conflict exists,
another designated officer shall be assigned.
3. Information
Provided to Complainant. At
the time the report/complaint is made, the designated officer
shall:
a.
inform the complainant of the provisions of the
nondiscrimination policy;
b.
provide a copy of the policy and the report/complaint
procedure to the complainant;
c.
advise the complainant of other options such as alternative
dispute resolution or mediation and that the complainant may
also choose to pursue other legal options; and
d.
determine whether other individuals are permitted to
accompany the complainant during investigatory interviews
and the extent of their involvement.
4. Complaint Form.
The designated officer
shall insure that the complaint is documented in writing on the
complaint form available from system office, college, or
university authorities. The complaint form must include:
a.
a detailed description of the facts upon which the charge is
based;
b.
name(s) of the respondent(s), if known;
c.
a list of possible witnesses as deemed appropriate by the
designated officer; and
d.
other information pertinent to the complaint.
At the conclusion of
the process, the final disposition of the complaint shall be
included on the complaint form.
5. Information
Provided to the Respondent.
At the time initial contact is made
with the respondent, the designated officer shall:
a.
inform the respondent in writing of the existence and
general nature of the complaint and the provisions of the
nondiscrimination policy;
b.
provide a copy of the policy and the report/complaint
procedure to the respondent;
c.
advise the respondent of other options such as alternative
dispute resolution or mediation;
d.
explain to the respondent that in addition to being
interviewed by the designated officer, the respondent may
provide a written response to the allegations; and
e.
determine whether other individuals are permitted to
accompany the respondent during investigative interviews and
the extent of their involvement.
6. Processing the
Complaint. The designated
officer shall:
a.
conduct a fact-finding inquiry or investigation into the
complaint, including appropriate interviews and meetings;
b.
investigate the complaint without identifying the
complainant, if in the judgment of the designated officer,
this would increase the likelihood of satisfactory
resolution of the complaint;
c.
inform the complainant, respondent, witnesses and other
involved individuals of the prohibition against retaliation
and reprisal;
d.
create, gather and maintain investigative documentation as
appropriate;
e.
disclose appropriate information to others only on a need to
know basis consistent with state and federal law, and
provide a data privacy notice (Tennessen warning) in
accordance with state law; and
f.
inform the complainant and respondent of the status of the
investigation at reasonable times until final disposition of
the complaint.
Subpart C. Initial
Inquiry & Informal Resolution.
After conducting an initial inquiry and
review, if the designated officer determines that the issue can be
resolved without further investigation, the designated officer may
use one or more of the following methods to resolve the complaint:
1.
suggest counseling or sensitivity training;
2.
conduct training for the unit, division, or department, calling
attention to the consequences of engaging in such behavior;
3.
facilitate meetings between the parties;
4.
separate the parties, after consultation with appropriate system
office, college or university personnel;
5.
prepare a written letter of agreement confirming that the
respondent has been informed of the policy and complaint
procedure, identifying and documenting the respondent’s
acceptance of the designated officer’s resolution of the
complaint, and stating that retaliation is prohibited;
6.
other possible outcomes may include explicit agreements about
future conduct, a letter of apology to the complainant, changes
in workplace assignments, enrollment in a different course or
program, or other appropriate action.
Subpart D.
Investigation & Decision Process.
If the above methods do not resolve the
complaint within a reasonable period of time to the satisfaction of
the designated officer, or the designated officer feels additional
steps should be taken, the procedures in this subpart shall be
followed.
1. Designated
Officer. The designated
officer shall:
a.
conduct further investigation as deemed appropriate by the
designated officer;
b.
prepare an investigation report for review by the
decision-maker;
c.
take additional investigative measures as requested by the
decision-maker;
d.
provide sufficient information to the respondent consistent
with federal and state data privacy laws to allow the
respondent to respond to the substance of the complaint; and
e.
provide the investigation report to the complainant or
respondent upon request unless the information is protected
under state or federal law.
2. Decision-Maker.
After receiving the
investigation report prepared by the designated officer, the
decision-maker shall:
a.
determine whether additional steps should be taken, at the
discretion of the decision-maker, prior to making the
decision. Additional steps may include:
1.
a request that the designated officer take additional
investigative measures;
2.
a meeting with the complainant, respondent or other
involved individuals. If a meeting involving a
represented employee is convened, the complainant or
respondent may choose to be accompanied by the
bargaining unit representative, in accordance with the
applicable collective bargaining agreement and federal
and state law. Other employees may be accompanied by an
attorney or other support person at the discretion of
the decision-maker;
3.
a request for additional information which may include a
written response from the complainant or respondent
relating to the allegations of the complaint;
b.
take other measures deemed necessary to reach a decision;
c.
when making the decision, take into account the surrounding
circumstances, the nature of the behaviors, the
relationship(s) between the parties, the context in which
the alleged incident(s) occurred, and other relevant
factors;
d.
determine the nature, scope and timing of disciplinary or
corrective action and the process for implementation if a
violation of the nondiscrimination policy occurs. This may
include consultation with human resource or supervisory
personnel to determine appropriate discipline;
e.
report in writing to the complainant, respondent and the
designated officer her or his findings as to whether or not
the nondiscrimination policy has been violated. The written
answer to the complainant shall be provided within 60 days
after a complaint is made unless reasonable cause for delay
exists.
Subpart E.
Confidentiality.
Confidentiality cannot be guaranteed; however, care will be taken to
keep investigation discussions sufficiently broad to protect the
complainant’s identity when appropriate. There may be instances in
which the system office, college, or university has a responsibility
to act even if the complainant requests that no action be taken. In
such instances, the system office, college or university may
investigate and take appropriate action on the basis of the facts or
evidence available.
Subpart F.
Investigative Data. Information
gathered during the investigation will be handled in accordance with
federal and state data privacy laws.
Subpart G. Other
Remedies.
1. Reassignment or
Administrative Leave. Under
appropriate circumstances, the president or chancellor may
reassign or place an employee on administrative leave at any
point in time during the report/complaint process. In
determining whether to place an employee on administrative leave
or reassignment, consideration shall be given to the nature of
the alleged behavior, the relationships between the parties, the
context in which the alleged incidents occurred and other
relevant factors. Any action taken must be consistent with the
applicable collective bargaining agreement or personnel plan.
2. Summary
Suspension or Other Action.
Under appropriate circumstances, the
president or designee may impose on a student a summary
suspension or other temporary measures at any point in time
during the report/complaint process. A summary suspension may be
imposed when, in the judgment of the president or designee, the
accused student’s presence on the college or university campus
would constitute a threat to the safety and well-being of
members of the campus community. Before implementing the summary
suspension, the accused student shall be given notice of the
intention to impose the summary suspension and, except in an
emergency, shall be given an opportunity to present oral or
written arguments against the imposition of the suspension.
After the student has been summarily suspended, the
report/complaint process should be completed within the shortest
reasonable time period, not to exceed nine (9) class days.
During the summary suspension, the student may not enter the
campus or participate in any college or university activities
without obtaining prior permission from the administrator. Other
temporary measures may be taken in lieu of summary suspension
where the president or designee determines such measures are
appropriate.
3. Alternative
Dispute Resolution & Mediation.
The system office, colleges, and
universities, in consultation with the system, Office of Equal
Opportunity and Diversity, may use alternative dispute
resolution or mediation services as a method of resolving
discrimination/harassment complaints. Alternative dispute
resolution and mediation options require the voluntary
participation of all parties to the complaint.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 6. System
Office,
College, or University Action.
The system office, college, or university shall take the appropriate
corrective action based on results of the investigation and shall
follow up as appropriate to ensure that the corrective action is
effective. Complainants are encouraged to report any recurrences of
conduct which were found to violate the system nondiscrimination
policies.
The decision-maker shall
notify the complainant and respondent in writing of the final
disposition of the complaint. Written notice to parties relating to
discipline, resolutions, and/or final dispositions resulting from
the report/complaint process is deemed to be official correspondence
from the system office, college or university.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 7. Appeal.
Subpart A. Filing an
Appeal. The complainant and the
respondent may appeal the decision of the decision maker. An appeal
must be filed in writing to the president or designed within ten
(10) business days after notification of the decision. The appeal
must state specific reasons why the complainant or respondent
believes the decision was improper. An appeal concerning a report or
complaint against a college or university vice president, dean or
provost must be filed with the chancellor or designee. In a
complaint against a president or other official who reports directly
to the chancellor, an appeal may be considered by the chancellor
whether or not the chancellor served as the decision-maker.
Subpart B. Effect of
Review. For employees
represented by a collective bargaining agreement, an appeal under
this procedure is separate and distinct from, and is not in any way
related to, any contractual protections or procedures. During the
pendency of the appeal disciplinary or corrective action taken as a
result of the decision shall be enforced. In addition, in cases
involving sanctions of suspension for ten (10) days or longer,
students shall be informed of their right to a contested case
hearing under Minnesota Statutes, Chapter 14.
Subpart C. Appeal
Process. The president or
designee shall review the record provided and determine whether the
complaint is substantiated or not substantiated. The president or
designee may receive additional information if the president or
designee believes such information would aid in the consideration of
the appeal. The decision on appeal will be made within a reasonable
time and the complainant, respondent and designated officer shall be
notified in writing of the decision. The decision on appeal exhausts
the complainant’s and respondent’s administrative remedies under
this procedure except as provided herein.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 8. Education &
Training. The system office,
colleges and universities shall provide education and training
programs to promote awareness and prevent discrimination/harassment,
such as education seminars, peer-to-peer counseling, operation of
hotlines, self-defense courses, and informational material
development and distribution. Education and training programs should
include education about the system office, colleges and universities
non-discrimination policies as well as conducting investigations,
management and implementation of this procedure.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 9. Dissemination
of Report/Complaint Procedure.
Information regarding this procedure and the system office, college
or university nondiscrimination policies must be provided to each
student during student registration and each employee on acceptance
of employment. Copies of the policies shall be conspicuously posted
at appropriate locations at the system office and on college and
university campuses at all times and shall include the designated
officers’ names, locations and telephone numbers.
Designated officers also
must be identified by name, location and phone number in
informational publications such as student catalogs, student and
employee handbooks, bulletin boards, campus websites or other
appropriate public announcements.
▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒▒
Part 10. Maintenance of
Report/Complaint Procedure Documentation.
During and upon the completion of the
complaint process, the complaint file shall be reposited in a secure
location in the office of the designated officer for the system
office, college or university. Access to the data shall be in
accordance with the respective collective bargaining agreement or
personnel plan, the Minnesota Government Data Practices Act, the
Family Educational Rights and Privacy Act or other applicable law.
Designated officers are required to report
investigative data concerning investigations under Board policy 1B.1
to the Office of the Chancellor on a quarterly basis.
return to top
