FCC Academic Catalog 2016-2017

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2016/2017 fcc catalog
176 • 301.846.2400
Complainant means an individual who
makes a complaint that a violation of the Non-
Discrimination Policy has occurred.
Respondent means an individual who
has been accused of violating the Non-
Discrimination Policy and is referenced in a
complaint.
Hearing Board refers to a group comprised of
the Vice President for Learning Support (Chair);
the Provost/Vice President for Academic Affairs;
the Director of Diversity, Equity, and Inclusion;
the Director of Student Engagement; and the
Executive Director of Counseling and Advising
(who also serves as the Chair of the Behavioral
Evaluation and Response Team), or their
designees. The Hearing Board serves as a hearing
panel for complainant or respondent appeals of
judgments/remedies/corrective action/sanctions
imposed after a Non-Discrimination Policy
violation investigation.
BERT shall refer to the Behavior Evaluation and
Response Team, comprised of campus officials
who receive and evaluate faculty and staff
concerns regarding student behavior that may
be disruptive, self-injurious, or potentially pose
a risk of harm to the health, safety, or property
of any person or of the College, or otherwise be
dangerous.
College Support Person means an employee
of the College chosen to accompany and assist
a complainant or respondent during an appeal
hearing. Both the complainant and respondent
are entitled to have a College Support Person
of their choice. The College Support Person
cannot be a fact witness or provide statements
in the proceedings. The College Support Person
is a non-participant who is present to assist a
complainant or respondent by taking notes or
providing emotional support and reassurance.
College community includes trustees,
students, and all employees of the College as
well as any independent contractors or other
third parties to the extent articulated under
contractual agreements.
Discrimination is treatment or consideration
of, or making a distinction in favor of or against,
a person or thing based on the group, class, or
category to which that person or thing belongs
rather than on individual merit. This includes
treatment of an individual or group based on
their actual or perceived membership in a certain
group or social category.
Harassment is unwelcome or offensive
conduct against a person based on his or her
protected class. Harassment becomes unlawful
where 1) enduring the unwelcome or offensive
conduct becomes a condition of continued
employment, or 2) the conduct is severe or
pervasive enough to create an environment that
a reasonable person would consider intimidating,
hostile, or abusive. Anti-discrimination laws
also prohibit harassment against individuals
in retaliation for filing a discrimination charge,
testifying, or participating in any way in an
investigation, proceeding, or lawsuit under these
laws; or opposing employment practices that
they reasonably believe discriminate against
individuals, in violation of these laws. Petty
slights, annoyances, and isolated incidents
(unless extremely serious) will not rise to the
level of illegality. To be unlawful, the conduct
must create an environment that would be
intimidating, hostile, or offensive to reasonable
people. Offensive conduct may include, but is
not limited to, offensive jokes, slurs, epithets
or name calling, physical assaults or threats,
intimidation, ridicule or mockery, insults or
put-downs, offensive objects or pictures, and
interference with work performance. Harassment
can occur in a variety of circumstances, including,
but not limited to, the following:
• The harasser can be the victim’s supervisor, a
supervisor in another area, an agent of the
employer, a co-worker, or a non-employee.
• The victim does not have to be the person
harassed, but can be anyone affected by the
offensive conduct.
• Unlawful harassment may occur without
economic injury to, or discharge of, the victim.
Retaliation means intimidating, threatening,
coercing, or discriminating against an individual
for the purpose of interfering with any right
or privilege secured by law or College policy
relating to discrimination, or because an
individual has made a report, filed a complaint,
testified, assisted, or participated in any manner
in an investigation or proceeding related to
discrimination. Retaliation includes retaliatory
harassment.
Preponderance of the evidence means
evidence which is of greater weight or more
convincing than the evidence to the contrary;
evidence which shows that something is more
likely than not to be true or 50.1% likely to have
occurred.
Workdays means Monday through Friday and
does not include weekends, holidays, or days the
College is closed.
III. Training, Education, and Prevention
The College will be proactive and will, through
educational programs, help faculty, staff, and
students become aware of and recognize covert
and subtle forms of discrimination and remove
those institutional barriers to equal opportunity.
Prevention is the best tool to eliminate
discrimination and harassment. The College will
take appropriate steps to prevent and correct
unlawful discrimination and harassment.
The College, through this policy and the signed
acknowledgement of students and employees,
clearly communicates that discrimination and
harassment will not be tolerated. Notice of non-
discrimination is posted throughout the campus
and through the College website, and on all
general publications. An effective complaint and
appeal process is established. Anti-harassment and
non-discrimination training for supervisors and
employees is a part of the orientation process and
is ongoing. The College will take immediate and
appropriate action when an employee or student
complains of discrimination or harassment.
Early reporting of discrimination and harassment
to the Human Resources Office can help prevent
its escalation.
IV. Procedures
The following procedures will be used to process
complaints alleging discrimination in violation of
this Non-Discrimination Policy. These procedures
will be in addition to any complaint or charges
an employee, applicant, or student files with
local, state, or federal agencies. For all complaints
of sexual misconduct, see the Title IX Sexual
Misconduct Policy and Procedures (www.frederick.
edu/titleix).
Filing a Complaint
Any employee, applicant, or student who alleges
discrimination should file a written complaint
with the Associate Vice President (AVP) for Human
Resources, Maryrose Wilson, Suite G223 of Gambrill
Hall, Frederick Community College, 301-846-
2436, A discrimination
complaint must be filed within 180 calendar days
after the facts giving rise to the alleged violation
has occurred to comply with federal regulations.
If the complaint is against the AVP for Human
Resources, the complaint should be filed with
the Vice President (VP) for Finance and Human
Resources, Suite G223 of Gambrill Hall, Frederick
Community College, 301-846-2458, DMcDonald@
Assessment
The AVP for Human Resources will work with other
College staff to conduct an immediate assessment
of the reported violation of the Non-Discrimination
Policy. Immediate measures will be taken to ensure
the safety and security of any individuals involved.