This procedure provides a means for resolving complaints by students who believe they have been adversely affected by illegal or MCCCD-prohibited discrimination by the college/center, MCCCD, or their students or employees.

Complaints may be brought under this procedure for discrimination based on race, color, religion, national origin, sex (including pregnancy discrimination and sexual harassment), sexual orientation, age, Vietnam-era veteran status, and physical or mental disability.

Students who believe they are experiencing sexual harassment may utilize the REPORT, Informal Resolution, or Formal Resolution process, as described below.

The timeframes for REPORT or complaint investigation and response, as identified in the following paragraphs, may be extended for good reason, such as (but not limited to) when classes are not in session or upon mutual agreement by the parties to the REPORT or complaint. Information related to MCCCD's discrimination process is also available from the Legal Services Department at (480) 731-8876.

Filing a REPORT of Sexual Harassment
Informal Resolutions of Discrimination Complaints
Formal Resolution of Discrimination Complaints
MCCCD Administrative Review Process:
Request for Reconsideration
External Filing of Discrimination Complaints

Filing a REPORT of Sexual Harassment

A student who believes that he or she is, or has been, the victim of sexual harassment as prohibited by MCCCD policy, may REPORT (either orally or in writing) the conduct or commentary to any or all of the following:

1. The academic or administrative official(s) responsible for the unit or department involved (i.e., department chair, department manager); or
2. The Dean of Students or designee at each campus.
3. The REPORT should be made within 180 calendar days of the most recent alleged incident of sexual harassment.

The recipient of the REPORT will have a meeting with the alleged harasser. The meeting shall include: identifying the behavior as described in the REPORT; alerting the alleged harasser to the perception of the impact of his or her behavior; providing the individual with a copy of the MCCCD Sexual Harassment Policy; encouraging attendance at one of MCCCD's sexual harassment workshops; and encouraging greater awareness of behaviors that may lead to perceptions of sexual harassment.

The name of the complainant shall not be identified to the respondent during the REPORT process; however, complainants should be aware that they may be called as witnesses in subsequent disciplinary or due process proceedings, as well as in litigation.

Before having this meeting, all administrative officials must consult with the appropriate Assistant General Counsel.

The meeting must be conducted within ten (10) working days of receipt of the REPORT.

A summary of the allegations of the REPORT and the outcome of the meeting shall be forwarded to the MCCCD Office of General Counsel within five (5) working days of the meeting.

Informal Resolution of Discrimination Complaint

Before filing a formal complaint under this procedure, a student may attempt to resolve the problem through informal discussions with the person claimed to be responsible for the discriminatory action, that person's supervisor or department head. The student may choose to ask the Dean, Associate Dean or Director of Student Services to assist in the informal resolution process.

Attempts to informally resolve alleged discrimination should occur within ninety (90) calendar days of the alleged discriminatory act.

Once the complaint is informally resolved, a summary of the allegations and the final resolution shall be forwarded to the Office of General Counsel within five (5) working days.

For complaints dealing with alleged discrimination beyond the 90-day timeframe, a student must submit a written complaint under the formal resolution procedure of this policy.

If the complaint cannot be informally resolved to the satisfaction of the complainant, the complainant has the right to file a written complaint within 180 days of the alleged discriminatory act and to proceed under formal resolution procedures.

Formal Resolution of Discrimination Complaints

A student (part- or full-time) who contends that unlawful or MCCCD-prohibited discrimination has occurred, may file a formal complaint by contacting the Dean, Associate Dean or Director of Student Services or his or her designee at each respective college. These officials will accept complaint filings within 180 calendar days of the occurrence of the alleged discriminatory event.

A complaint must be signed by the student and filed on the form prescribed by the Office of General Counsel. A student may also contact the Office of General Counsel to obtain the name and phone number of the campus official designated to respond to discrimination complaints.

The complaint must identify the action, decision, conduct, or other basis tha t constituted an alleged act or practice of unlawful or MCCCD-prohibited discrimination. The complaint must also allege that the action, decision, or occurrence was taken or based on the complainant's race, color, religion, sex, sexual orientation, national origin, citizenship, age (over 40), disability, Vietnam-era veteran status, or any other unlawful discriminatory grounds.

Upon receipt of a complaint, the receiving official will notify the college president or provost and the Office of General Counsel. The Office of General Counsel will assign a case number to the complaint.

A copy of the complaint (or a summary of the allegations) will be shared with the respondent within five (5) working days of receipt by the receiving official (Dean of Students, etc.). Respondent will be put on notice that retaliation against the complainant or potential witnesses will not be tolerated and that an investigation will be conducted by the Dean, Associate Dean or Director of Student Services under the guidance of the Office of General Counsel.

Respondent must provide a written response to the complain within fifteen (15) calendar days of his or her receipt of the complaint.

After accepting a complaint, the Dean, Associate Dean or Director of Student Services will conduct a fact-finding investigation which will include, at a minimum, a review of written evidence (including the complaint and response), and interviews with appropriate employees and students. Upon completion of the investigation, the Dean, Associate Dean or Director of Student Services will issue a written finding to the complainant, the respondent, and the appropriate College President or Provost, and the Office of General Counsel.

The Dean, Associate Dean or Director of Student Activities will submit its findings and recommendations to the president or provost within ninety (90) calendar days of receipt of the complaint.

The president or provost will accept, reject, or modify the recommendations and will provide a written notification of his or her action to the parties within fifteen (15) calendar days of receiving the findings from the Dean, Associate Dean, or Director of Student Services.

When the investigation confirms the allegations, appropriate corrective action will be taken. Appropriate corrective action is determined solely by MCCCD, the college or center and, with the exception of academic suspension or dismissal, cannot be appealed.

Evidence which is collateral to the allegations of discrimination and/or sexual harassment and which was obtained during an investigation under these procedures, may be used in subsequent grievance or disciplinary procedures.

Within ten (10) working days of the conclusion of the investigation, the college will forward the investigatory file to the Office of General Counsel.

MCCCD Administrative Review Process: Request for Reconsideration

A complainant or respondent who is not satisfied with the decision of the president or provost has ten (10) working days to request, in writing, administrative review of the decision, by his or her college president or provost.

The request for administrative review must state specific reasons why the complainant or respondent believes the finding is improper.

The president or provost will review the finding and respond to the request within ten (10) working days from receipt of the request.

If the president or provost determines that the decision is not supported by the evidence, the case file will be reopened and assigned for further investigation.

If the president or provost determines that the investigation was thorough and complete, he or she will deny the request for administrative review. At this point, the complainant has exhausted the Internal Discrimination Complaint Procedure.

Maintenance of Documentation

Documentation resulting from each level in the Discrimination Complaint Procedure (including witness statements, investigative notes, etc.) will be forwarded to and maintained by the MCCCD Office of General Counsel. Investigative records are not to be maintained with or considered as a part of a student record.Documentation regarding corrective action is considered part of the student's record.

Right to Representation

A complainant or respondent may be represented by another person at any stage of a complaint filed under this Discrimination Complaint Procedure.

Confidentiality of Proceedings

Every effort will be made by the college and MCCCD to protect the confidentiality of the parties during the processing of complaints under this procedure. Records will be maintained in a confidential manner to the extent permitted by law and insofar as they do not interfere with MCCCD's legal obligation to investigate and resolve issues of discrimination.

Retaliation Prohibited

Retaliation against a person who has filed a complaint or against any witness questioned during an investigation, is strictly prohibited. Any retaliatory action by instructors, supervisors, managers, academic professionals, administrators, or other employees who have the authority to take adverse action against a complainant or witness is prohibited and may be grounds for disciplinary action up to and including termination of employment.

False Statements Prohibited

Any individual who knowingly provides false information pursuant to filing a discrimination charge or during the investigation of a discrimination charge, will be subject to appropriate discipline, up to and including, termination.

External Filing of Discrimination Complaints

MCCCD encourages individuals to use the MCCCD Internal Complaint Procedure for resolution of discrimination concerns. Individuals also have the right to file civil rights complaints with appropriate external agencies, in addition to their internal complaint. No retaliation will be taken against a person for filing a complaint with an external agency. The following agency accepts discrimination charges filed by, or on behalf of, students:

Office for Civil Rights, Region VIII (OCR)
Denver Office
U.S. Department of Education
Federal Building
1244 Speer Boulevard, Suite 310
Denver, Colorado 80204-3582
Phone: (303) 844-5695
Fax: (303) 844-4303
E-mail: OCR_Denver@ed.gov

To file a complaint, please download the Discrimination Complaint Form for Students.

Maricopa Community Colleges
2411 West 14th Street, Tempe, AZ 85281-6942
(480) 731-8877 tel / (480) 731-8890 fax