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Discrimination/Harassment Reporting and Resolution Process
Metropolitan College of New York is committed to providing a learning and working environment not impaired by unlawful discrimination or harassment, including discrimination and harassment based on race, color, sex, gender, pregnancy, religion, creed, marital status, partnership status, age, sexual orientation, gender identity, gender expression, national origin, disability, military status, or any other legally protected category. The College's internal grievance procedure outlined below is designed to further the equitable and prompt resolution of complaints and address the effects of harassment and discrimination.
Students, employees, and third parties may file a complaint using these procedures. These procedures apply to discriminatory and harassing conduct carried out by employees, students, and third parties. All College staff members who observe potentially discriminatory or harassing conduct should intervene where it is possible and safe to do so and promptly report the incident to the College's 504 Coordinator. The College reserves the right to reasonably extend any timeframe outlined below as may be necessary given the facts of the case, the parties involved, and academic calendar.
Anyone who feels that he or she has experienced or witnessed harassment or discrimination by a student, employee, or third party may file a written complaint with the College's 504 Coordinator either in person or by email. The College's 504 Coordinator is named below and can be reached at:
Upon receipt of a complaint of harassment and/or discrimination the 504 Coordinator, or her designee, will initiate an investigation. An investigation will consist of meeting with the complainant and anyone else the complainant identifies as having relevant information. The 504 Coordinator, or her designee, will also meet with the person alleged to have committed the harassment or discrimination. Both the complainant and the respondent will have the opportunity to submit evidence and information as well as identify witnesses. The 504 Coordinator, or her designee, will explain to each party separately their rights under this and other relevant College policies as well as discuss the supportive resources and interim measures available. An investigation will generally be completed within 20 business days of receipt of a complaint.
The 504 Coordinator, or her designee, will complete an Investigation Report generally within 10 business days of the close of an investigation. That Report will be maintained in the 504 Coordinator's Office.
The College may implement interim measures to protect the safety and well-being of those who report or experience discrimination/harassment, as well as those who have been accused of such conduct. Interim measures may include, and will depend on the availability of College resources, the nature and severity of the allegations, and the parties involved: changes in class schedules, changes in work assignments/supervisors, academic support, and/or temporary no-contact orders.
The College is able to refer those involved in a harassment or discrimination complaint to a variety of community-based counseling and support resources. For more information about the resources that exist any individual (student, employee, visitor) may contact the 504 Coordinator or the Dean of Students' Office.
The Investigation Report will be forwarded to an appropriate and impartial administrative officer for consideration and determination as to whether harassment or discrimination occurred based on a preponderance of the evidence. The parties will be notified in writing of the College's determination.
Generally, a determination will be completed within 14 business days of the administrative officer's receipt of the Investigation Report, but may take a reasonably longer period of time depending on the facts, the availability of the parities, the College's academic calendar, complexity of the case, and other factors specific to each case.
The administrative officer's final determination may contain a recommended sanction depending on the nature of the findings.
Possible sanctions include, but are not limited to, training, written warnings, suspension, and expulsion/termination from the College.
The College may take additional steps to address discriminatory effects of the misconduct and to prevent recurrence. Such steps will depend on the nature and extent of the discrimination or harassment, but may include mandatory training/counseling for the perpetrator of the misconduct, campus-wide or targeted trainings, campus outreach, and/or reasonable academic/emotional support for those affected by the misconduct.
Either party may appeal the administrative officer's decision within 10 business days of notification of the College's determination. The appeal must be made in writing to the Appeal Officer designated by the College in its determination letter. Appeals will be limited to circumstances where a party makes a compelling argument that: (1) there was a procedural error in the investigation or hearing of the complaint, and/or (2) relevant evidence has become available that was not available during the investigation or hearing. Appeals will be conducted in an impartial manner by an impartial Appeal Officer.
The decision of the Appeal Officer is final and will be delivered to both parties within 10 business days of receipt of the appeal.
The College strictly prohibits any form of retaliation, intimidation, or reprisal for making a complaint of harassment or discrimination or otherwise participating in the investigation and resolution process. Anyone who experiences or witnesses retaliation should inform the 504 Coordinator immediately. Any person found to have committed an act of retaliation, intimidation, or reprisal will be subject to disciplinary action, which could result in suspension or expulsion/termination from the College.
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