Equal Education and Employment Opportunities, Non-Discrimination and Non-Retaliation Procedure
I. Reporting a Complaint:
In order to take appropriate corrective action, the College must be made aware of discrimination or related retaliation. Therefore, anyone who believes that he/she has experienced or witnessed discrimination as defined herein or related retaliation should promptly report such behavior to their immediate Supervisor, the Vice President of Human Resources or his/her designee or on line at https://cm.maxient.com/reportingform.php?HenryFordCC.
A. If the supervisor is involved in the alleged discrimination, contact the VP of Human Resources or senior management directly. The complaint will be investigated in as discreet and confidential a manner as possible given the circumstances surrounding the complaint.
B. Any employee who experiences, witnesses or receives a written or oral report or complaint of discrimination or related retaliation shall promptly report it to the Vice President of Human Resources or his/her designee or senior management.
Within a reasonable period of time after the incident, which normally will not exceed fifteen (15) working days, the facts shall be put in writing and submitted to the Office of Human Resources.
A. The Office of Human Resources will initiate an investigation in the absence of a written complaint if it becomes aware of facts that may constitute a violation of this policy.
B. Within ten (10) working days after receiving a complaint or becoming aware of facts that may constitute a violation of this policy, the Office of Human Resources will initiate an investigation of the complaint.
All investigations will be conducted professionally, and as confidentially and expeditiously as possible. Where an investigation confirms the allegations, appropriate responsive action will be taken. This can include (but will not be limited to), counseling, warning, transfer, demotion or termination, or other appropriate disciplinary action. A thorough and impartial investigation will generally include:
A. Interview the complainant;
B. Interview the person(s) against whom the complaint is brought;
C. Interview all witnesses identified by the complainant or the person(s) against whom the complaint is brought;
D. Other potential witnesses who may have observed the alleged conduct or who may possess knowledge regarding the allegation under investigation.
E. Review any documentation or other evidence submitted by the complainant or the person(s) against whom the complaint is brought.
F. Determine the validity of the complaint.
If substantial evidence supports a finding of discrimination or retaliation, the College will take appropriate, corrective action or disciplinary action. Action taken by the College may include (but will not be limited to), counseling, warning, transfer, demotion, termination or other appropriate disciplinary action as outlined in the College’s Civility and Standards of Conduct Policy, Student Code of Conduct Policy, Equal Educational and Employment Opportunities and Non-Discrimination, Sexual Misconduct/Title IX/Sexual Harassment Policy, collective bargaining agreements and any other policy or agreement which covers discrimination. Action will be taken by the offices of Human Resources (employee) or Office of Student Affairs (students). The written report of the action taken shall then be placed in the personnel record of the employee or student file.
- For Employee misconduct:
For employees not covered under a CBA, the complainant and/or the accused may appeal the decision, in writing, stating the reasons for the appeal, to the Vice President of Human Resources or his/her designee within ten (10) working days after receiving the decision of the Office of Human Resources regarding the outcome of the investigation. The Vice President of Human Resources or his/her designee shall review the report and render a decision in writing within thirty (30) working days thereafter, which decision shall be final.
For employees subject to a Collective Bargaining Agreement, the applicable process will be followed.
For Student misconduct: Refer to Student Code of Conduct
VI. Right of Representation:
The complainant and accused may have union and/or other representation present during the meeting(s).
VII. Violations of Law
An employee or student may be accountable for discrimination under applicable local, state, and/or federal law, as well as under HFC policy. During the course of investigation should HFC become aware of criminal acts the College will report the actions to the appropriate law enforcement authorities. Disciplinary action by HFC may proceed while criminal proceedings are pending and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.
a. Adopted Date: June 19, 2017
This procedure supersedes and replaces any and all procedures related to this subject