Sexual Harassment Procedure (Non Title IX)

Procedures for Processing Sexual Harassment (Non Title IX) Grievances

1. The Affirmative Action Officer shall receive any complaint of alleged illegal discrimination or sexual harassment, shall assist the grievant in defining the charge, and shall provide the grievant with information about the various internal and external mechanisms through which the complaint may be filed, including applicable time limits for filing with each agency.
2. If the grievant chooses to use the Orange County Community College Grievance Procedure for the Review of Allegations of Illegal Discrimination or Sexual Harassment, the Affirmative Action Office shall assist the grievant in preparing a written statement, signing and dating a copy of the completed statement for the grievant.
3. The Affirmative Action Officer shall seek to resolve the grievance informally and shall have the right to all relevant information and to interview witnesses, including the right to bring together grievant and respondent, if desirable. If a resolution satisfactory to both grievant and respondent is reached within ten (10) working days through the efforts of the Affirmative Action Officer, the Officer shall close the case, sending a written notice to that effect to the grievant and respondent. The written notice, a copy of which shall be attached to the original grievance in the Officer’s file, shall indicate the agreement reached by grievant and respondent and shall be signed and dated by the grievant, the respondent, and the Affirmative Action Officer.
4. If the Affirmative Action Officer is unable to resolve the grievance to the mutual satisfaction of the grievant and respondent within ten (10) working days, the Officer shall so notify the grievant, advising grievant of his/her right to proceed to the next step internally and/or the right to file separately with appropriate external enforcement agencies.
5. If at any time the grievant chooses to use the employee grievance procedures established through negotiated contracts or to file a formal complaint with a state or federal agency or to start a court action, any internal investigation under way on the same complaint will be terminated without conclusion with the following exception: if internal investigation is prolonged to the point that the statute of limitation for filing with outside agencies may be exceeded (180 days for EEOC or OCR complaints; 365 days for Division of Human Rights complaints), a charge may be filed with the appropriate state or federal agency without interruption of the internal procedure.
6. If the grievant chooses to proceed through the internal grievance procedure, the grievant shall notify the Affirmative Action Officer in writing within seven (7) working days from the time of notification by the Affirmative Action Officer that the issue cannot be resolved informally.
7. Within five (5) working days of receipt, the Affirmative Action Officer shall notify the grievant and the President that a review of the matter shall take place by an ad hoc tripartite committee. The ad hoc tripartite committee is chosen from a panel of campus faculty, administrators, employees and students established each year by the President and the Affirmative Action Officer. The members of the ad hoc tripartite committee will be chosen as follows: one by the grievant, one by the respondent, and a third, who shall chair the committee, chosen by the two designees. Should either the grievant or respondent choose not to make a selection, the President will.
8. Selection of the ad hoc tripartite committee must be completed and the Affirmative Action Officer notified of the members chosen within seven (7) working days of the receipt of notification by the grievant and the President that a review of the matter shall take place by a tripartite committee.
9. The tripartite committee shall review the matter, as appropriate, and shall have the right to all relevant information and to interview witnesses, including the right to bring together grievant and respondent, if desirable. Both the grievant and respondent shall be given the opportunity to submit written statements that will become a part of the material compiled by the Committee. These written statements must be submitted to the Committee within (10) working days of the Committee’s formation.
10. Within fifteen (15) working days from the formation of the tripartite committee, the Committee Chairperson shall submit an opinion to the campus President as to whether or not sexual harassment or illegal discrimination has occurred.
11. The President shall communicate the opinion of the tripartite committee in writing to the grievant, to the respondent, and to the campus Affirmative Action Officer within five (5) working days together with a statement indicating his/her acceptance or rejection of the Committee’s opinion. The President will indicate his/her decision either to dismiss the charge for lack of evidence that sexual harassment or illegal discrimination has occurred or to discuss appropriate redress with the grievant if sexual harassment or illegal discrimination has been found.

Violations of this policy by employees will be addressed as directed by the collective bargaining agreement of the employees’ bargaining unit, as applicable. Violations by students will be addressed via the Student Code of Conduct. Visitors in violation of this policy should be reported to Safety and Security staff.