FCC Academic Catalog 2016-2017

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• 301.846.2400 177
2016/2017 fcc catalog
The AVP for Human Resources will conduct an
initial meeting with the complainant and inform
him/her of the process that will be used in
response to the complaint, as well as the College
policy prohibiting retaliation against complainants.
The assessment will be completed within five (5)
workdays of receiving a report of discrimination
and the complaint will be documented
appropriately. The complainant will be notified if
an extension of time is needed. The assessment
will determine if an investigation of the complaint
as a violation of the Non-Discrimination Policy is
warranted and, if so, on what basis.
Informal Resolution
Upon completion of the assessment, if the AVP for
Human Resources determines that an investigation
is not warranted, and the complainant agrees, the
AVP for Human Resources may be able to resolve
the complaint informally. In such cases, the AVP for
Human Resources will confer with the complainant
about this option, and, if they agree, the AVP for
Human Resources will confer with the respondent,
if necessary. Other College staff may be asked to
participate in an informal resolution. Should a
satisfactory informal resolution be reached, the
matter will be considered closed. All informal
resolutions will be appropriately documented by
the AVP for Human Resources. If no investigation is
warranted, the identity of the respondent will not
be recorded.
Investigative Process
The College will conduct an investigation if:
(1) the AVP for Human Resources determines
through the assessment that an
investigation is warranted (a College-
initiated investigation will occur with or
without the complainant’s consent); or
(2) the complainant disagrees with the
results of the assessment and requests an
investigation.
In either case, the complainant and respondent
will be notified within five (5) workdays of the
College decision to initiate an investigation and
they will be informed of the process that will be
used.
The College will seek to conclude the
investigation within 30 workdays of the initial
written complaint from the complainant.
Extended time for investigations may be
necessary, in which case both parties will be
informed.
The AVP for Human Resources will initiate a
prompt, thorough, and impartial investigation.
A notice of investigation will be delivered to
all parties which contains a summary of the
allegations at issue, the range of potential
remedies/corrective action/sanctions. Along with
the notice of investigation, the complainant and
respondent will receive a notice of rights and
responsibilities. Upon receipt of the notice of
investigation, or at any stage in the process, the
respondent may choose to accept responsibility for
the Policy violation.
During the investigation, the complainant and
respondent will have an equal opportunity to
be heard, to submit information, and to identify
witnesses who may have relevant information. The
AVP for Human Resources will speak separately
with the complainant, the respondent, and
any other individuals who have information
relevant to the investigation. The AVP for Human
Resources may gather or receive information
that is relevant, including information about the
impact of the alleged discrimination. The AVP for
Human Resources will also gather any available
evidence, including prior statements by the parties
or witnesses, any communications between the
parties, email messages, social media materials, text
messages, and other records as appropriate and
available. Members of the College community are
expected to cooperate with the investigation.
At the conclusion of the investigation, the AVP for
Human Resources will prepare a draft investigative
report that summarizes the information gathered
and synthesizes the areas of agreement and
disagreement between the parties with any
supporting information or accounts. Prior to
finalizing the investigative report, the AVP for
Human Resources will provide the complainant
and respondent an opportunity to review the draft
investigative report.
The complainant and respondent may submit any
additional comments or information to the AVP
for Human Resources within five (5) workdays of
being provided the draft investigative report for
review. This is the final opportunity for the parties
to identify any additional information or witnesses
and review their statements for accuracy. After the
five-day opportunity for both parties to review
the draft investigative report, the AVP for Human
Resources will submit the final investigative report,
which incorporates any additional information
provided by both parties, to the appropriate
College employee(s) for a judgment based on the
nature of the complaint as follows:
• For complaints involving only employees –
to the supervising Associate Vice President
or supervising Vice Presidents, or their
designees
• For complaints involving only students – to
the AVP/Dean of Students
• For complaints involving both a student
and an employee – to the supervising
Associate Vice President or supervising Vice
Presidents, or their designees and the AVP/
Dean of Students
Remedies/Corrective Action/Sanctions
After reviewing the final investigative report, and
meeting with the complainant and respondent
separately, the appropriate College employee(s)
will make a judgment as to whether there has
been a violation of the Non-Discrimination Policy.
The judgment will be based upon a preponderance
of the evidence and remedies/corrective action/
sanctions will be imposed, if warranted. Both the
complainant and the respondent will be notified
in writing of the judgment and the remedies/
corrective action/sanctions imposed within five (5)
workdays of receipt of the final investigative report.
Appeals
The complainant as well as the respondent have
the right to request a hearing to appeal the
judgment and/or the imposition of remedies/
corrective action/sanctions for Non-Discrimination
Policy violations. Appeals shall be in writing
and must be submitted to the AVP for Human
Resources, Maryrose Wilson, Suite G223 of Gambrill
Hall, Frederick Community College, 301-846-2436,
within five (5) workdays
of the judgment/ remedies/corrective action/
sanctions.
Appeal Hearing
The Hearing Board will conduct a hearing on all
appeals of judgment/remedies/corrective action/
sanctions related to Non-Discrimination Policy
violations. The hearing shall be closed to the public
and will be taped or transcribed. Failure of the
individual who requested the appeal to appear for
the hearing, without prior notification or evidence
of extenuating circumstances, waives his/her right
for further appeal and the judgment and remedies/
corrective action/sanctions will stand.
The first hearing session shall be limited to the
complainant and respondent, other individuals
with personal knowledge of relevant facts who
will be presented as witnesses, and persons
contractually engaged by the College for the
purposes of the hearing (e.g., transcriptionists, etc.).
Representation by legal counsel is not allowed
in the hearing. Each party may have however, a
College Support Person of their choice. During the
hearing, the complainant and respondent will have
an equal opportunity to be heard.