V. Discrimination and Harassment Complaint Procedure and Resolution Process

Remediation, Restorative Justice, and Harm Reduction Procedure

There are instances where community members may report behavior that could be perceived as biased on the basis of a protected class. For example, microaggressions are subtle intentional or unintentional interactions or behaviors that communicate some sort of bias toward or against historically marginalized groups. Often, individuals may not realize that they may be engaging in behavior that could be perceived as bias or microaggressions, and typically this behavior may not rise to the level of a policy violation that would fall under the Informal/Formal Complaint Procedure. However, Centre College recognizes that to foster and maintain an inclusive community, the College has a responsibility to educate our faculty, staff, and students on bias perception and prevention. At the request of a Complainant, the Director of Equal Opportunity & Title IX compliance and/or the Chief Diversity Officer or a representative for these parties may seek restorative or education-based remediation, such as facilitated conversations that address incidents of perceived bias rather than punitive measures, particularly where punitive measures are not deemed to be appropriate under this policy or federal and state laws. This remediation process may include other parties, such as the Dean of Students, the Dean or Associate Dean of the College, the Vice President of Human Resources, or others as deemed appropriate by the College. These parties will only be included on a need-to-know basis for legitimate College purposes. Repeated instances of bias, whether intentional or unintentional, could indicate a pattern of behavior that may rise to the level of a violation of this policy, requiring an informal or formal complaint procedure.

Informal Complaint Procedure

When a person covered by this Policy brings charges of prohibited discrimination to the attention of the Discrimination & Harassment Officer, the Discrimination & Harassment Officer or designee 

The will:

1. Undertake efforts to informally resolve the charges if they deem the case appropriate for informal resolution;
2. Advise the complainant that they may but are not required to participate in informal resolution;
3. Notify the person bringing the charges of their right to file a formal complaint and explain the procedure for doing so;
4. Assure the complainant that they will not have to confront or work out problems with the respondent;
5. Advise the complainant that they may file a non-employment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR), where such a complaint is within that agency’s jurisdiction;
6. If the complaint is employment-related, the complainant should be advised that they may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) where such a complaint is within that agency’s jurisdiction.

The purpose of the informal resolution process is to allow an individual who believes they have been discriminated against or harassed to resolve the issue through an informal process, such as mediation, rather than the formal complaint process, when the case does not require further investigation or action by the institution. Resolution of informal reports may include discussions with the parties, making recommendations for resolution, and conducting a follow-up review to ensure that the resolution has been implemented effectively.

The informal resolution process will not be made a predicate to the process and investigation of a formal complaint. If a formal complaint is filed, an investigation must be completed within the time required unless it is voluntarily rescinded by a complainant.

Efforts at informal resolution need not include any investigation unless the Director of Equal Opportunity & Title IX Compliance determines that an investigation is warranted by the seriousness of the charges. Selecting an informal resolution does not extend the time limitations for filing a formal complaint. Efforts at informal resolution may continue after a formal written complaint was filed, but after a complaint is filed an investigation must be conducted and will be completed unless the matter is informally resolved, and the complainant dismisses the complaint. Even if the complainant does dismiss the complaint, the Discrimination and Harassment Officer may require the investigation to continue if they determine that the allegations are serious enough to warrant an investigation. Any efforts at informal resolution after a written complaint was filed will not normally exceed the 90-day period for rendering the decision.

Filing of Formal Written Complaint

If a complainant wishes to file a formal written discrimination or harassment complaint, they should use the Centre College Protected Class Violation Complaint Form, available from the Director of Equal Opportunity & Title IX Compliance. This form includes the following information:

1. Name of the complainant;
2. Name and title of individual(s) against whom the complaint is made;
3. The specific type(s) of action(s) taken;
4. The specific date(s) on which the action(s) was/were taken;
5. A clear and concise statement of the facts that support the allegation(s) in the complaint; and
6. A clear and concise statement of the remedy or remedies sought by the complainant.

Once a complaint is filed, the respondent(s) will be advised of the filing and nature of the complaint. This notification will occur promptly and in a manner that is appropriate under the circumstances. Centre College will also advise the respondent(s) that an assessment of the accuracy of the allegations has not yet been made, that the complaint will be investigated according to policy, that the respondent(s) will be provided an opportunity to present their side, and that any conduct that could be viewed as retaliatory against the complainant or any witnesses must be avoided.

Threshold Requirements Prior to Investigation

Once the Discrimination and Harassment Officer has become aware, either by submission of a formal complaint or by some other means, of an allegation that harassment, discrimination, or retaliation has occurred in violation of its policies, the Officer will review the matter and may undertake an investigation.  However, if the Discrimination and Harassment Officer determines that the allegations, or any of the allegations, even if true, would not violate the College’s harassment, discrimination, or retaliation policies, then the College will not proceed with an investigation, but may pursue other remedial measures, as appropriate. In instances where the complaint would not violate Centre College’s harassment, discrimination, or retaliation policy but may violate another Centre College policy, the complaint will be referred to the appropriate office or administrator for action.

Rights of the Parties

Parties involved in this process can expect the College to respect the rights of all involved by adhering to all regulations defined in this policy.

Rights of the Complainant:

• To object to behavior perceived as hostile, threatening, or intimidating.

• To seek procedural information from the Director of Equal Opportunity & Title IX Compliance.

• To be protected against retaliation from the respondent or from other persons that may occur during this procedure.

 Rights of the Respondent:

• When any formal investigation begins, to be informed of the allegations, the identity of the complainant(s), any known facts surrounding the allegations, and a proposed timeline for resolution.

Right to an Advisor

Employee(s) and/or student(s) who are parties to a process under this Policy shall be entitled to an advisor of their choice, who is a member of Centre College’s community (such as a colleague, student advocate, etc.) at all complaint meetings or proceedings. All participants are subject to the confidentiality requirement of this policy.

Investigation

College will strive to complete a thorough, fair, impartial, and timely investigation. The Director of Equal Opportunity & Title IX Compliance will appoint an investigator, who may be an internal designee of the Director of Equal Opportunity & Title IX Compliance or an external third party, to conduct the investigation. The investigator appointed must be free of any conflict of interest and bias as defined by this Policy. The parties will be notified in writing of the investigator assigned to their case.  The investigator will conduct a fair and impartial investigation. The investigator will be trained, including on issues of relevance, to ensure the investigation is conducted consistent with applicable law and College policy, and that the investigative report fairly summarizes the relevant evidence.

Upon receipt of a completed formal complaint form, the Director of Equal Opportunity & Title IX Compliance or designee will institute a formal investigation, which will be completed unless the matter is informally resolved, or unless the Director determines the allegations, even if proven, would not violate this Policy. The Director of Equal Opportunity & Title IX Compliance will determine the process by which an investigation will be conducted and assign an appropriate investigator.

Once the selection of an investigator has been finalized, the investigator will conduct the investigation promptly (usually within 60 days), and provide a written report of the investigation which shall include:

• A description of the circumstances giving rise to the complaint;
• A summary of the testimony provided by each witness, including the complainant, respondent, and any witnesses identified by the complainant in the complaint (unless any are reasonably deemed to be cumulative or not related to the allegations);
• An analysis of any relevant data or other evidence collected during the investigation, including resolving any issues of credibility;
• A specific finding as to whether harassment or discrimination occurred regarding the allegation in the complaint, and whether the respondent is responsible;
• A description of actions taken, if any, to prevent similar problems in the future;
• The proposed resolution of the complaint;
• The rights of the parties to appeal; and
• Any other information deemed appropriate by the investigator.

 Within 90 days (unless unusual or complex circumstances exist) of receiving the formal prohibited discrimination/harassment complaint, the investigator will provide the report to the Director of Equal Opportunity & Title IX Compliance, the Complainant (and their advisor if applicable), and the Respondent (and their advisor if applicable).

If the investigator does not determine that the Respondent violated this Policy (or other applicable policies), the decision will be considered final and appealable.

If the investigator determines that the Respondent violated this Policy (or any other applicable policies), the Director of Equal Opportunity & Title IX Compliance will provide a copy of the report to the appropriate Administrator, based on the jurisdiction of the Respondent, for review:

• For students, this is the Dean of Students;
• For employees, this is the Vice President of Human Resources and/or the Vice President of Academic Affairs

Review by the appropriate administrator includes reviewing the investigation report and may also include speaking to the investigator, the Complainant, and/or the Respondent. The purpose of this review is not to re-investigate or re-decide the matter, but is to collect necessary information to determine the necessity and scope of potential sanctions or other actions that the College may take in order to remediate and prevent future occurrences of harassment and discrimination.  Once the administrator has determined the appropriate sanction or outcome, the decision is considered final and appealable.

Student Sanctions

In accordance with Centre College’s student disciplinary procedures, the Centre College may impose sanctions such as verbal reprimands, voluntary enrollment in seminars pertaining to prohibited discrimination, written reprimands, dismissal from class and/or other Centre College activities, or suspension or expulsion from Centre College, depending upon the severity of the act.

Employee Sanctions

In accordance with Centre College’s policies and procedures applicable to employees, Centre College may impose sanctions such as verbal reprimands, voluntary enrollment in seminars pertaining to prohibited discrimination, written reprimands, demotions, suspensions with or without pay, and termination of employment.

Interim Suspensions

In extraordinary circumstances, where potentially serious and immediate harm may result to persons affiliated with Centre College, the Director of Equal Opportunity & Title IX Compliance may consult with the appropriate Vice President, or designee, about interim measures, consistent with applicable law and College policy, temporarily to relieve, reassign, or remove employees from their current position/environment during or after the investigation period.  The Director of Equal Opportunity & Title IX Compliance may similarly work with the Dean of Student, or designee, regarding a student for the temporary suspension of privileges, relocation of residential living assignment, class assignment change, or other interim measures, consistent with applicable law and College policy.

Appeal Rights

The parties have appeal rights that they may exercise if they are not satisfied with the results of Centre College’s final decision. Each party may file an appeal with the Director of Equal Opportunity & Title IX Compliance, according to the terms in this section and solely on these grounds:

• New evidence could have affected the decision that was not reasonably known at the time of the decision;
• The investigation or decision exhibited prejudice, bias, or other unfair treatment that materially affected the outcome;
• The sanction is disproportionate to the violations; or
• The College’s stated procedures were not followed, and such a procedural error materially affected the outcome.

 Appeals may only be made after the decision is final, as outlined above. At the time the final decision is communicated to the parties in writing, the Director of Equal Opportunity & Title IX Compliance shall notify the parties of their appeal rights:

• The appealing party must submit all appeals in writing within 10 calendar days of receiving the decision to the Director of Equal Opportunity & Title IX Compliance who will then transmit the appeal to the Appeal Panel. The Appeal Panel will review the original complaint, the investigative report, the administrative determination, and the appeal.
• The Appeal Panel will issue a final decision normally within 14 days after receiving the appeal

 In any case involving employment discrimination, the complainant may file a complaint with the EEOC or state agency where the case is within the jurisdiction of that agency.

Extensions

If, for reasons beyond its control, Centre College cannot comply with the deadlines specified in this policy, the Discrimination & Harassment Officer will notify each party in writing and shall specify the anticipated revised timeframe.

Confidentiality

Investigative processes can best be conducted within a confidential climate. Therefore, Centre College does not reveal information about such matters except as necessary to fulfill its legal obligations and to those who have a legitimate need to know.

Potential complainants are sometimes reluctant to pursue a complaint if their names will be revealed. The inability to reveal the name of a complainant or facts likely to reveal the identity of the complainant can severely limit the ability of Centre College to respond. Complainants must also recognize that respondents are entitled to present their side, and this right may be jeopardized if Centre College is prohibited from revealing the name of the complainant or facts likely to disclose the identity of the complainant.

Disclosure of Investigation Results

When an investigation reveals the need for disciplinary action, the complainant may wish to have information about what disciplinary actions Centre College took. However, the privacy rights of the persons involved often prevent Centre College from providing such information. Disciplinary actions are generally considered confidential.

However, the complainant will be notified that:

• The investigation has been completed;
• Each of the issues raised has been reviewed; and
• Appropriate action is being taken (depending on the circumstances, it may or may not be appropriate to inform the complainant of the specific actions being taken).

In the case of crimes of violence, the College may disclose of the results of any disciplinary proceeding to the alleged victim., consistent with applicable law.