Discrimination, Unlawful Harassment, and Sexual Violence Policy for Employees

Discrimination, Unlawful Harassment, and Sexual Violence Policy for Employees

I. Notice of Nondiscrimination

Mayland Community College (“College”) strives to make its campus safe and welcoming learning and working environments.  The College prohibits discrimination and harassment in its services, employment and programs based on race, religion, national origin, gender, gender identity, sex, age, disability, genetic information and veteran status. 

To comply with the applicable federal state laws and regulations, the following person has been designated as the Title IX Coordinator (“Coordinator”) to handle and investigate inquiries regarding non-discrimination policies:

In the event where the complainant is a student and the alleged perpetrator is an employee, both the Coordinator and the Student Title IX Coordinator shall work together to investigate the complaint.  All rights will be afforded to student victims as prescribed by federal and state laws and regulations.

Michelle Musich

Dean of Students

Title IX Coordinator

828.766.1262

Gwaltney Hall

mmusich@mayland.edu

Judy McClure

Director of Human Resources

Deputy Title IX and Disability Officer

828.766.1272

Gwaltney Hall

jmcclure@mayland.edu 

II. Definitions

Please refer to Procedure No. 4.005 for all applicable definitions (which are incorporated herein by reference) relevant to this Policy.

III. Reporting

Individuals are encouraged, but not required, to make every effort to resolve a dispute informally and may attempt to do so directly with the other party.  The College’s goal is to find solutions at the lowest possible level and to keep proceedings as informal, fair, and confidential as possible.  In circumstances where an informal process fails or is inappropriate due to the nature of the complaint, such as in the cases of sexual harassment, sexual violence, or other sensitive complaint, the individual should file a formal complaint with the Coordinator.

Complainants have the right to file a complaint within thirty (30) working days after disclosure or discovery of the facts giving rise to the complaint, but are encouraged to do so in a timely manner.  Complaints pertaining to this procedure submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the Coordinators’ ability to investigate and respond to such complaints. 

IV. Investigation

After receiving the complaint, the Coordinator will begin an investigation, regardless of whether a related criminal matter is pending.  The Coordinator shall make every effort to conclude the investigation as soon as possible, but no later than sixty (60) calendar days.  If the nature of the investigation requires additional time, the Coordinator may have an extension, but the Coordinator shall notify the parties of this extension and the reason.

During the course of the investigation, the Coordinator may consult with other relevant College administrators and the College attorney.

During the investigation, the Coordinator shall meet with the Complainant and the Respondent and give each party an equal opportunity to provide evidence, including informing the Coordinator of any potential witnesses.  Both parties will be provided access to any information provided by the other in accordance with any federal or state confidentiality laws.

During the investigation process, the President may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved.  The President shall first meet with the Respondent prior to implementing any suspension from work. 

Complainants will also be notified of available employee counseling and assistance services.

All information shall remain confidential pursuant to applicable statutes.  

V. Determination

The Coordinator shall prepare a report of his/her investigation and shall submit his/her recommendation to the President.  In addition, the President may conduct a further investigation.  If the President determines that discipline action is needed, the President shall follow Section III(B) in Policy 4.023.

VI. Retaliation

Retaliation against any person participating in good faith in connection with a complaint of discrimination, harassment, or sexual misconduct is strictly prohibited.  Violations will be addressed through applicable College disciplinary procedures.  Any person who feels that he or she has been subjected to retaliation should make a report to the Coordinator.

VII. Employee Education and Annual Training

All employees shall be given the opportunity to participate in a primary prevention and awareness program that promotes awareness of discrimination, harassment and sexual-based violence.  This program will be offered annually at the beginning of each fall semester.