Title: Discrimination Complaint Resolution Policy
Number: AP 4.13
Adopted: July 2024
Reviewed:
Revised:
Nicolet Technical College has set forth the following complaint procedure for students and faculty/staff who allege discrimination based on a protected status or prohibited harassment as set forth below.
Nicolet Technical College is committed to being in compliance with state and federal equal opportunity laws and regulations and does not discriminate in its services, employment programs, and/or its educational programs and activities. Discrimination contrary to law and harassment by faculty, administrators, other students or suppliers/vendors of the College, on the basis race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital or parental status, or other protected status for students/staff under state or federal law (“protected status”) is prohibited by the College. Acts of harassment, discrimination, and sexual misconduct are counter to Nicolet's mission and values.
DEFINITIONS
Protected characteristics: Personal traits, characteristics and/or beliefs that are defined by law as protected from discrimination and/or harassment. These protected characteristics include race, creed, sex, gender identity or expression, age, national origin, religions, physical or mental disability, ancestry, veteran status, marital or domestic partnership status, pregnancy, and/or any other characteristics protected by applicable law.
Discrimination: Adverse treatment of an individual based on a protected characteristic rather than individual merit.
Harassment: Unwelcome verbal or physical behavior which is directed at a person based on a protected characteristic. When these behaviors are sufficiently severe and/or pervasive to have the effect of unreasonably interfering with an individual’s educational experience, working conditions, living conditions, by creating an intimidating, hostile, or offensive environment. Harassment also encompasses sexual harassment which means unwelcome sexual advances, unwelcome physical conduct of a sexual nature. This behavior includes but not limited to the deliberate, repeated, making of unsolicited gestures or comments, or the deliberate or repeated display of sexually graphic materials which is not necessary for educational purposes. Sexual harassment is also defined as participation or denial of a College activity such as education and employment that are conditioned upon, either explicitly or implicitly, for the submission to or rejection of unwelcomed sexual advances or sexual favors.
Retaliation: The College expressly prohibits any form of retaliation against any member of the College community who in good faith files a report or grievance, participates in a College investigation, believes a policy is violating this policy and opposes said policy. The complainant, any person who participates in the investigation of a complaint, the respondent, will be advised of the College’s policy in this regarding when a complaint has been filed. Retaliation is itself a form of misconduct that may form the basis for disciplinary actions. Any complaints of retaliation, on any basis, should be referred to the Affirmative Action Officer.
Complaint: A complaint means an allegation of personal discrimination contrary to law or definition of harassment/discrimination.
Complainant: A complainant is an individual who alleges discrimination based on a protected status or prohibited harassment as set forth above within the last 300 calendar days.
Respondent: A respondent means a person/persons alleged to be responsible for a violation(s) alleged in a complaint.
Affirmative Action/Equal Opportunity Officer: The Vice President of Administration has been designated by the College as having the responsibility for coordinating the internal complaint procedure. Questions regarding this policy should be directed to:
Vice President of Administration
5364 College Dr
PO Box 518
Rhinelander, WI 54501
715-365-4928 ADA-504-Employee@nicoletcollege.edu
Days All days listed in this policy are regular business days when the College is open for business. Weekends, holidays, and days when the College is closed for business are excluded.
Prohibited Conduct
1. Unlawful discrimination and harassment based on legally protected categories.
2. Sexual harassment; and
3. Retaliation
Scope of Policy
This policy applies to all employees, including faculty, staff, and administrators of the College as well as students, guests, and visitors of Nicolet Technical College.
Options of Addressing Discrimination or Harassment
The College encourages everyone to report all incidents of discrimination and/or harassment. When individuals have been subjected to discrimination and/or harassment
or have observed discrimination and/or harassment they have options including informal resolution/mediation or filing a formal complaint. The College recognizes that these decisions are difficult and encourage individuals to seek assistance from a mental health professional. Students are able to utilize student mental health counseling services and employees are welcome to utilize the EAP resources.
Informal Resolution/Mediation
An individual alleging misconduct is encouraged to consider informal resolution. Informal resolution will take the path of ending the misconduct and does not require formal action. Mediation will be the tool used by the Affirmation Action/Equal Opportunity Office to attempt to facilitate understanding of the nature of the complaint with the respondent, clear up misunderstandings, and establish appropriate expectations moving forward.
Formal Complaint
An individual may submit a formal complaint. A formal complaint is a written account of the event(s) that have taken place with the wish for formal College action to be taken in the steps outlined below.
Complaint Reporting
The Discrimination/Harassment Complaint Policy is designed to comply with any applicable federal regulations which require federal grantees to adopt and publish complaint procedures providing for prompt and equitable resolution of complaints alleging discrimination and/or harassment. It is designed to comply with the State of Wisconsin law prohibiting discrimination for the reasons set forth in Chapter 38.23 of the Wisconsin State Statues. When an individual seeks the College to take disciplinary action against a faculty/staff/student for violating the College’s harassment and/or discrimination policies, the individual may make a complaint to the Affirmative Action /Equal Opportunity Officer.
The written complaint should identify the parties involved, describe the harassing and/or discriminatory behavior, when and where the event(s) occurred, and name any witnesses. Written complaints should be treated as confidential and should be provided to the appropriate designated individual(s) listed above. It is the primary responsibility of the Affirmative Action/Equal Opportunity Officer to ensure the effective implementation, processing, timelines, recordkeeping, and notification required by the complaint procedure. The Affirmative Action/Equal Opportunity Officer may assign the investigation to another individual or outside agency at their discretion if such reassignment would prevent bias or further the purposes of this policy.
Interim Steps
When appropriate, the College may take reasonable and appropriate interim steps to protect the safety and well-being of members of the College community, maintain the integrity of the investigation, and deter retaliation.
Investigation Process
The purpose of the investigation is to gather facts relating to the incident(s) outlined in the written complaint to make a reasonable determination based upon preponderance of evidence standards, where it is more likely than not that alleged behavior(s) occurred and if the behavior meets the definition of discrimination and/or harassment as indicated above. The investigation may include Equal Opportunity and Affirmative Action written statements, interviews, and evidence gathered by investigator(s). During the investigation the investigator(s) may receive counsel from the College’s legal counsel or other parties as needed. The Affirmative Action/Equal Opportunity Officer shall thoroughly investigate the complaint. If the subject of the complaint involved the Affirmative Action/Equal Opportunity Officer, then another member of Nicolet's Strategic Leadership Team will reach out to an independent third party to conduct the investigation to control for bias.
Affirmative Action/Equal Opportunity Officer may involve other College offices or staff as appropriate to complete a thorough investigation. The length of the investigation will depend upon the scope of the allegations, the number of parties and witnesses involved, availability of those involved, and the time of the year the complaint was brought forward. The investigator will attempt to conclude the investigation within sixty days of receipt of the complaint.
It is the expectation of Nicolet Technical College that faculty, staff, and other members of the community cooperate fully in the investigation process. Refusing to cooperate in an investigation could result in disciplinary action, up to and including termination of the employee.
Review of Findings
One the investigation is completed; all information and evidence will be reviewed to determine if harassment and/or discrimination occurred and if any other College policy was violated. When the review is completed, the finding resulting from the investigation will be communicated to the complainant and respondent within fifteen (15) days of the conclusion of the investigation unless after diligent attempts the parties are not available.
Complaint Resolution
The College will take appropriate corrective action when it has been determined that discrimination or harassment has occurred. Employees who have been found to be in violation will be subject to disciplinary action, up to and including termination of employment, pursuant to relevant policies. Students who have been found in violation will be subject to disciplinary action, up to and including expulsion from the College, pursuant to the Student Code of Conduct and other applicable policies.
There may be a determination that behavior was inappropriate and unprofessional but did not violate this specific policy. Such behavior may result in disciplinary action, ongoing monitoring, coaching/counseling, or other appropriate action. If retaliatory behavior occurs after a determination has been made, either party may bring a complaint under this policy.
Confidentiality
The College shall maintain confidentiality to the greatest extent allowed by the law and to the extent necessary to conduct a thorough and efficient investigation of the complaint. The investigation of complaints may also require disclosure to the accused individual and to other witnesses for the purpose of gathering essential information. Individuals involved in investigations or disciplinary proceedings under this policy are encouraged to exercise discretion in sharing information to safeguard the integrity of the process and to avoid any appearance of retaliation. While discretion is important, complainant and respondents are not restricted from discussing and sharing information with others who may support them or assist them in presenting their case.
Appeals
If the complainant or respondent are dissatisfied with the written findings of the Affirmative Action/Equal Opportunity Officer on the grounds that there exists substantial relevant information that was not presented and reasonably could not have been presented during the investigation or a procedural irregularity occurred regarding the investigation and review of findings process regarding the incident in question, they may appeal by giving written notice to the Affirmative Action/Equal Opportunity Officer within fifteen (15) days. The Affirmative Action/Equal Opportunity Officer will request a hearing with an Impartial Hearing Officer (IHO) designated by the College along with the statement of the reasons for appeal. The appeal will be held with the IHO as soon as practical with the goal of fifteen (15) days from receipt of the appeal request. The IHO shall provide a written decision to the parties within fifteen days of the hearing. The IHO may accept, modify, or reject the original decision. In all cases, the decision of the IHO is final.
Filing a Discrimination and/or Harassment Complaint Externally
The complainant may elect to file a discrimination or harassment complaint with an external body such as a federal or state agency authorized to investigate such claims. The Wisconsin Technical System is one body that is authorized to review such claims for students and reports can be filed here: https://www.wtcsystem.edu/student-complaints/