View the 2010-2011 Catalog (4 MB) - Lake Tahoe Community College

LTCC CATALOG 2010-2011 41 POLICIES & PROCEDURES(d) Submission to, or rejection of, the conduct by the individual isused as the basis for any decision affecting the individualregarding benefits and services, honors, programs, or activitiesavailable at or through the educational institution.COMPLAINT PROCEDUREEvery effort will be made to protect the privacy of the parties involvedin a complaint. Files which pertain to complaints handled under theinformal process shall be kept confidential. No retaliation of any kindwill occur because an employee or student has made a sexualharassment complaint.a. Informal Resolution Process - To accommodate the uniquenature of sexual harassment complaints, an informal process isprovided for the primary resolution of a complaint at the earliestpossible date. This process shall include, at a minimum, thefollowing elements:(1) The Deans will be available to receive sexual harassmentcomplaints from students. If a Dean is the alleged harasser,the student may present his or her complaint to theDirector of Human Resources. Upon receiving a sexualharassment complaint the appropriate party shall:(a) Counsel the alleged victim as to the complaint process,rights of the parties involved, and outline the optionsavailable. The student may elect to go directly to theformal complaint process at any time.(b) Document the complaint in writing.(c) Conduct an interview with the accused and documentthis in a written statement.(d) Consult with the Director of Human Resources toreach a preliminary determination as to whether thealleged conduct constitutes sexual harassment.(e) Present the results of this informal process to theDirector of Human Resources for final disposition ofthe complaint.(2) The Director of Human Resources or designee will reviewthe factual information collected and, if determined to benecessary, will conduct a follow-up investigation,interviewing the accused, witnesses, and supervisor, asappropriate. The Director of Human Resources will thenmake a determination whether the alleged conductconstitutes sexual harassment, giving consideration to therecord as a whole and the totality of the circumstances,including the nature of the sexual advances and the contextin which the alleged incidents occurred, and will take and/or authorize appropriate action.b. Formal Resolution Process(1) If the complaint is not resolved through the informalprocess to the satisfaction of the alleged victim, a formalcomplaint may be filed pursuant to the procedure outlinedin the district’s Unlawful Discrimination ComplaintResolution Procedures and Sexual Harassment Policy.(2) Students may also contact the State of CaliforniaDepartment of Fair Employment and Housing, OaklandDistrict Office, 1515 Clay Street, Suite 701, Oakland, CA94612-2512, (800) 884-1684; and/or the Office for CivilRights, San Francisco Office, U.S. Department ofEducation, Old Federal Building, 50 United Nations Plaza,Room 239, San Francisco, CA 94102-4102, (415) 437-7786.TITLE IX REGULATIONSLake Tahoe Community College does not discriminate on the basisof sex in its education programs or activities. Further, LTCC does notdiscriminate on the basis of sex in admission or employment in itseducation programs or activities. Inquiries to recipients concerningthe application of Title IX and its implementing regulations may bereferred to our Title IX Coordinator or to the Office of Civil Rights.The College’s Title IX Coordinator is Susan Walter, Director ofHuman Resources, LTCC, One College Drive, South Lake Tahoe,CA (530) 541-4660, ext. 221.STUDENT GRIEVANCE PROCEDURESGrievance procedures are initiated by the student. “Grievance” shallmean a statement by a student(s) that one has been treated inequitablyby reason of any condition which is contrary to College policy. Thisgrievance procedure is applicable both to matriculation and to allother instances except those covered by the District’s UnlawfulDiscrimination and/or Harassment Plan. Copies of these plans areavailable in Human Resources and the Library. Further definition canbe obtained in the procedures outlined below.In the following, “day(s)” shall refer to instructional days only.INFORMAL GRIEVANCE PROCEDURESIn an effort to satisfactorily resolve grievances without formal hearings,the College has established informal procedures.The aggrieved student is urged to meet with a counselor in StudentServices. Alternatives, implications of various courses of action, anddefinition of terms can be explored, as well as any other relevantconcern.An informal meeting of the aggrieved student and the object of thegrievance can be arranged. No limit is placed on the number of suchinformal meetings nor upon the time spent in pursuing an informalresolution, so long as both parties feel that satisfactory progress isbeing made. The parties may schedule an informal meeting with theVice President, Academic Affairs and Student Services, or, if the VicePresident, Academic Affairs and Student Services is a party to thecharges, with the Superintendent/President.At any time in the informal attempts at resolution, either party to thegrievance or the Vice President, Academic Affairs and StudentServices may conclude that satisfactory progress is not being made,and formal proceedings are then initiated.A resolution of a grievance in the informal procedures that isacceptable to each party shall be written and signed by the parties tothe case, and each shall receive a copy. As well, an institutional copywill be filed in the appropriate College office.Nothing contained within the informal procedure shall be construedas limiting on the student or the College in the formal procedure.