Title IX and Section 504 Grievance Procedures

Students Alleged Discrimination Grievance Procedure

In accordance with Federal and State OCR (Office for Civil Rights) Guidelines, any student who believes Eastern Gateway Community College or any of the college’s students, staff, teachers, and administrators have inadequately applied the principles of and/or regulations of Title VI of the Civil Rights Act of 1964 (race, color, national origin), Title IX of the Education Amendment Act of 1972 (sex/gender), and Section 504 of the Rehabilitation Act of 1973 (disability) she/he may bring forward a complaint which shall be referred to as a formal grievance. However, whenever possible and practical, an informal solution to the alleged grievance is encouraged and should be attempted at the dean or administrator level.

However, if an informal acceptable solution cannot be attained, formal Title IX and Section 504 grievance procedures shall commence. The complainant may file a complaint directly with the office for Civil Rights, U. S. Department of Education, and/ or may use the internal grievance procedure indicated below.

Step 1

An alleged formal discrimination grievance complaint should first be made to the dean or the Senior VPAA within ten school days of the date the incident occurred.

Step 2

If not resolved at Step 1, the decision may be appealed to the Title IX and/or Section 504 Coordinator,

within five school days.

Title IX/Section 504 Coordinator
Vice President of Human Resources, Organizational Effectiveness & Title IV
4000 Sunset Blvd.
Steubenville, Ohio 43952 (740) 264-1683

Step 3

If not resolved at Step 2, the decision may be appealed to the college’s President who functions as the final mediator at the local level.

Step 4

If not resolved at Step 3, the decision may be appealed by the complainant to the Office for Civil Rights, U. S. Department of Education, 55 Erieview Plaza, Room 300, Cleveland, Ohio 44114-1816.

NOTE: Parents/guardians do not have to be present at the informal complaint meeting. However, parent(s) and/or guardian(s) must be present for youths under age 18 at all levels of the formal alleged discrimination process.

Sexual Harassment Policy

Sexual harassment is a Title IX violation. The Eastern Gateway Community College administration, faculty, staff, student employees, students, and volunteers are responsible for assuring that the college maintains an environment for work and study free from sexual harassment. Sexual harassment is unlawful and impedes the realization of the college’s mission of excellence in education, scholarship, and service. The college community seeks to eliminate sexual harassment through education and by encouraging faculty, staff, student employees, students, and volunteers to promptly report concerns or complaints.

1. Definition of Sexual Harassment-Sexual harassment includes, but is not limited to, unwelcome or unwanted sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature when any one of the following criteria is met:
   1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status;
   2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or
   3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive environment for working, or learning on campus.

Sexual harassment can occur between any individuals associated with the college, e.g. an employee and a supervisor; coworkers; faculty members; a faculty, staff member, or student and a customer, vendor, or contractor; students; or a student and a faculty member. Sexual harassment may occur between persons of the same sex or persons of the opposite sex.

1. Examples of Sexual Harassment-Examples of sexual harassment include, but are not limited to:
   1. Direct or implied threats that sub- mission to sexual advances will be a condition of employment, work status, promotion, grades, or letters of recommendation;
   2. Direct propositions of a sexual nature and/or subtle pressure for sexual activity that is unwanted and unreasonably interferes with a person’s work or academic environment;
   3. Some incidents of physical assault;
   4. A pattern of conduct that unreasonably interferes with the work or academic environment (not legitimately related to the subject matter of the course) including:
2. Sexual comments or inappropriate references to gender;
   1. Sexually explicit statements, questions, jokes, or anecdotes regardless of the means of communication (oral, written, electronic, etc.)
   2. Unwanted touching, patting, hugging, brushing against a person’s body, or staring; Inquiries or commentaries about sexual activity, experience, or orientation;
   3. The display of inappropriate sexually oriented materials in a location where others can view them.
3. Reporting Procedure
   
   Step 1
   An alleged formal discrimination grievance complaint should first be made to the dean or Provost within ten school days of the date the incident occurred.
   
   Step 2
   If not resolved at Step 1, the decision may be appealed to the Title IX and/or Section 504 Coordinator, within five school days.
   
   Title IX/Section 504 Coordinator
   Vice President of Human Resources, Organizational Effectiveness & Title IV
   4000 Sunset Blvd.
   Steubenville, Ohio 43952
   (740) 264-1683
   
   Step 3
   If not resolved at Step 2, the decision may be appealed to the college’s President who functions as the final mediator at the local level.
   
   Step 4
   If not resolved at Step 3, the decision may be appealed by the complainant to the Office for Civil Rights, U. S. Department of Education, 55 Erieview Plaza, Room 300, Cleveland, Ohio 44114-1816.
   
   NOTE: Parents/guardians do not have to be present at the informal complaint meeting. However, parent(s) and/or guardian(s) must be present for youths under age 18 at all levels of the formal alleged discrimination process.
   
   In the event the alleged harasser is the Title IX Coordinator or Deputy Coordinator, the complainant should directly contact the President of the College’s office to make the report.
    
4. Investigation - Unless withdrawn by the complainant, all complaints of sexual harassment will be immediately investigated and promptly resolved. The complainant will be asked to reduce any charge to writing to assure clarity and to document the process of investigation.
   • Upon receipt of an allegation of coworker, employee-to-student, student-to- student, or employee-to-member of the public sexual harassment, the title IX coordinator or another designated college official will initiate an investigation into the complaint.
   • Investigations of alleged incidents of sexual harassment shall be confidential and conducted in a manner that respects both the privacy of all parties to the extent permitted by law and to the extent practical and appropriate under the circumstances.
   • If the investigation yields insufficient information to conclude sexual harassment has occurred, the matter will be recorded as unresolved; and the parties will be so notified. A written record of the investigation will be maintained by the administration separate and apart from any student or personnel file.
5. Discipline - Any employee who permits or engages in sexual harassment of anyone involved with the college (be it a student, employee, or member of the public) may be subject to disciplinary action up to and including termination/dismissal.
   • Any student who engages in the sexual harassment of anyone in the college setting may be subject to disciplinary action up to and including expulsion.
   • The range of discipline for employees includes, but is not limited to: demanding an apology; counseling the parties involved; requiring attendance at appropriate seminars/workshops; issuing an oral or written reprimand; transfer or reassignment; suspension; and the recommendation to the Board of Trustees that the individual against whom the claim is made be discharged.
   • The range of discipline for a student includes, but is not limited to: demanding an apology; issuing an oral or written warning; conducting a conference with the student; and expulsion.
6. Rights of Individual Who is the Subject of a Sexual Harassment Claim - An individual who is the subject of a sexual harassment complaint shall be offered the opportunity to be interviewed by the Vice President of Human Resources, Organizational Effectiveness & Title IV and to present his/her position with regard to the complaint. The individual is entitled to be accompanied during his/ her interview with the title IX coordinator or by a representative of his/her choice. The individual may also submit his/her response to the complaint in writing.
7. Retaliation Prohibited- The Board of Trustees prohibits retaliatory behavior against any complainant or any participant in the complaint process. The initiation of a complaint of sexual harassment will not reflect negatively on the student or employee who initiates the complaint nor will it affect the individual’s academic standing or employment status, rights, or privileges.
   
   The Board of Trustees will not discriminate against, coerce, intimidate, threaten, or interfere with any individual because the individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing pursuant to this policy, or because that individual exercised, enjoyed, aided, or encouraged any other individual in the exercise of enjoyment of any right granted or protected by this policy.
8. Files and Record of Investigation-Sexual harassment complaints and investigation results shall not be made a part of any employee’s personnel file or a student’s academic record unless disciplinary action is taken against the individual.
9. Notice Requirements-A copy of this sexual harassment policy or relevant provisions thereof shall:
   1. Be displayed in a prominent location in each college building;
   2. Be provided to students and employees upon request;
   3. Be included in employee and student handbooks;
   4. Appear in any college publication that sets forth the college’s comprehensive rules,
   5. regulations, procedures, policies and/or standards of conduct.