Procedures for Alleged Violations of Civil Rights Not Covered by Title IX Sexual Harassment Regulations

The Graham County Community College District dba Eastern Arizona College (EAC or the College), through its Regulation 2075.02, Procedures for Alleged Violations of Civil Rights Not Covered by Title IX Sexual Harassment Regulations, affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. In the event that any student, employee, potential student, or potential employee of the Graham County Community College District believes that he/she has been the subject of discrimination or harassment, as defined by Federal and/or State regulations, he/she may elect to file a written grievance within the institution.

Prior to the filing of a written grievance, the complainant may request a pre-grievance meeting(s) with the respondent alleged to be directly responsible for the grievance. The respondent(s) shall make reasonable efforts to meet with the complainant to discuss the grievance. Such a pre-grievance meeting shall be at the option of the complainant. It shall not be a precondition for the submission of a written grievance.

An act of discrimination alleged to have occurred may be formally protested by filing a written grievance, signed by complainant, and delivered to the Section 504/ADA Coordinator (if the complaint relates to discrimination on the basis of disability) or the Director of Human Resources/Civil Rights Equity Officer (CREO) (if the complaint relates to discrimination on any other basis), whose contact information is noted below. The written grievance shall provide the following information: name and address of grievant(s); nature and date of alleged violation; names of persons responsible for the alleged violation (where known); requested relief or corrective action (specification of desired relief shall be at the option of the grievant); and any background information the grievant believes to be relevant (e.g., names of other persons affected by the violation, etc.). A form for providing this information is available here.

The College’s Section 504/ADA Coordinator or CREO, as appropriate, shall convene a meeting of the College’s Equity Resolution Panel, within five (5) business days after the written grievance has been filed, to select an individual to investigate the grievance in question, and to select some or all panel members to serve as hearing officers, if needed. All applicable regulations pertaining to students and/or employees respectively, will guide the actions of the College during the grievance process.

The appointed Investigator shall, within twenty (20) business days after receiving a copy of the grievance, investigate and report the findings to the Section 504/ADA Coordinator or CREO. The Section 504/ADA Coordinator or CREO shall convene a meeting of appropriate hearing officers selected from the Equity Resolution Panel to receive the Investigator’s report. The complainant and the respondent, if appropriate, shall be given reasonable prior notification of the meeting date and time when the findings are presented to the hearing officers and shall be permitted to attend the investigative report presentation portion of the meeting, if they choose. The College may undertake a short delay in the investigation if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions.

The College will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. The College will promptly resume its investigation and resolution process as soon as feasible. During such a delay, the College will implement supportive measures as deemed appropriate.

College action(s) are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

Upon presentation of the Investigator’s findings, the Equity Resolution Panel shall render a decision(s) on the grievance within five (5) business days. The decision shall include a recommendation for action(s) and/or next steps as appropriate. The Section 504/ADA Coordinator or CREO shall provide a written report of the decision(s) to the complainant and the respondent if appropriate, within three (3) business days of the decision being made. The complainant has the right to appeal any decision to the President of the College.

If resolution of the complaint is agreed upon at any point prior to final action by the Equity Resolution Panel, the resolution must be stated in writing and signed by the complainant, the respondent if appropriate, and the Section 504/ADA Coordinator or CREO. If the complaint is filed against a specific person who ceases to be an employee or student at the College prior to the resolution of the complaint, the Section 504/ADA Coordinator or CREO may dismiss the complaint unless the complaint raises problems that should be addressed at the institutional level.

These procedures in no way abrogate, supersede, or replace any rights granted to citizens under federal or state law.