Report/Complaint of Discrimination / Harassment
Investigation and Resolution

1. Procedure objective.

This procedure is designed to further implement Minnesota State Colleges and Universities policies relating to non-discrimination by providing a process through which individuals alleging violation of system non-discrimination 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.

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.

2. Definitions.

1. 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. Hennepin Technical College’s designated officer, Colette Campbell Stuart, the Director of Diversity and Affirmative Action, who can be contacted at (763) 488-2633. The president or chancellor may designate other individuals to assume the role of the designated officer as deemed necessary.
    

2. 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.

3. Reporting incidents of discrimination/harassment.

1. Reporting an incident.  Hennepin Technical College encourages 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.  Hennepin Technical College’s designated officer, Sharon Mohr, Human Resources Director, can be contacted at (763) 488-2525.  Her main office is located at the Brooklyn Park Campus in Room C124.
    

2. Personal resolution. In instances where an individual believes she/he personally has been subjected to behavior prohibited by MnSCU Policy 1B.1 Non-discrimination 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.
    

3. 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.
    

4. Institutional responsibility:

1. Colleges and 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 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 processed according to Board Policy. Such reports/complaints may be assigned to appropriate system office personnel or outside investigatory assistance may be designated.

5. Retaliation and 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.
    

6. 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.
    

7. 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.

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.

5. Investigation and 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.

1. 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.
    

2. Initial inquiry and 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:

1. inform the complainant of the provisions of the nondiscrimination policy; 

2. provide a copy of the policy and the report/complaint procedure to the complainant; 

3. 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

4. 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:

   1. a detailed description of the facts upon which the charge is based;

   2. name(s) of the respondent(s), if known;

   3. a list of possible witnesses as deemed appropriate by the designated officer; and 

   4. 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: 

1. inform the respondent in writing of the existence and general nature of the complaint and the provisions of the nondiscrimination policy; 

2. provide a copy of the policy and the report/complaint procedure to the respondent; 

3. advise the respondent of other options such as alternative dispute resolution or mediation;

4. 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 

5. 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: 

1. conduct a fact-finding inquiry or investigation into the complaint, including appropriate interviews and meetings;

2. 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;

3. inform the complainant, respondent, witnesses, and other involved individuals of the prohibition against retaliation and reprisal;

4. create, gather, and maintain investigative documentation as appropriate; 

5. 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

6. inform the complainant and respondent of the status of the investigation at reasonable times until final disposition of the complaint.

3. Initial inquiry and 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.

4. Investigation and 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: 

      1. conduct further investigation as deemed appropriate by the designated officer;

      2. prepare an investigation report for review by the decision-maker;

      3. take additional investigative measures as requested by the decision-maker;

      4. 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

      5. 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:

1. 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

2. take other measures deemed necessary to reach a decision;

3. 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;

4. 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;

5. 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.

5. 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.
    

6. Investigative data. Information gathered during the investigation will be handled in accordance with federal and state data privacy laws.
    

7. 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 and mediation. The system office, colleges, and universities, in consultation with the MnSCU 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.

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 non-discrimination 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. In accordance with state law, the system office, college, or university will file the complaint disposition with the Commissioner of the Department of Employee Relations within 30 days of the final disposition.

7. Appeal.

1. Filing an appeal. The complainant and the respondent may appeal the decision of the decision-maker. An appeal must be filed in writing with the president or designee 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.
   
   

2. 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. 
    

3. 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 of the decision. The decision on appeal exhausts the complainant’s and respondent’s administrative remedies under this procedure except as provided herein.

8. Education and 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.

9. Dissemination of report/complaint procedure.

Information regarding this procedure and the system office, college, or university non-discrimination 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.

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.

Contact HTC at 952-995-1300 or info@hennepintech.edu

Copyright © 2008 by Hennepin Technical College