4. Non-Discrimination Policy and Procedures for Employees
F.4.01 - Policy
LSCS provides equal treatment and opportunity to all persons without regard to race, color, creed, national origin, gender, age, veteran's status, sexual orientation, and disability. Any employee who engages in any act of unlawful discrimination will be subject to discipline by the College or System, up to and including discharge of employment.
Prohibited discrimination includes any action taken by an LSCS employee to deny benefits, promotion, leave, overtime, or other privileges of employment to an employee because of the employee's race, color, creed, national origin, gender, age, veteran's status, sexual orientation, or disability.
Prohibited discrimination also includes harassment by a co-worker, student, vendor, supervisor, or other employee of LSCS on the basis of race, color, creed, national origin, gender, age, veteran's status, sexual orientation, or disability that is sufficiently severe and pervasive so as to constitute a hostile work environment as described in the Prohibited Harassment Procedures available on the General Counsel website at http:www.lonestar.edu/5961
F.4.02 - Retaliation Prohibited
No person in the System may take actions to retaliate against any person who brings, or is thought to have brought, a complaint alleging discrimination, or who has cooperated with or participated in any way with an investigation conducted pursuant to this Policy. Encouraging others to retaliate is a violation of this policy. Any employee who does engage in unlawful retaliation shall be subject to the most severe of sanctions, discharge of employment.
F.4.03 - Terminology
In this policy, "days" means calendar days.
The term "Civil Rights Administrator" or CRA refers to individual employees of the System who have been designated to counsel employees and students, receive complaints, and conduct investigations concerning possible violations of this policy.
The term "LEO'" is Location Executive Officer and refers to the Presidents of each of the colleges and the Vice Chancellors located at the System Office.
F.4.04 - Compliance and Training
The System designates the Associate Vice Chancellor for Human Resources to coordinate its efforts to comply with this policy and with the specific requirements contained in:
a. Title IX of the Education Amendments of 1972, as amended, and its implementing regulations;
b. Section 504 of the Rehabilitation Act; and
c. The Americans with Disabilities Act.
The System shall provide training to:
a. All persons who will receive complaints and conduct investigations, resolution and complaint procedures referenced in this policy;
b. New employees regarding the protections accorded to them under federal and state civil rights laws and the System's civil rights policies and complaint procedures; and
c. Supervisory personnel regarding the System's civil rights obligations, the policies and procedures established for handling civil rights complaints and the supervisor's obligation to respond promptly and appropriately to discriminatory conduct or reports of discriminatory conduct in the workplace under their supervisory authority.
F.4.05 - LEO Role
Through the LEO, each College is responsible for;
a. Designating at least one CRA to receive and investigate any complaints made under this Section;
b. Informing all students and employees of the name, telephone number and campus address of the College CRA;
c. Ensuring that all complaints alleging unlawful discrimination are fully investigated within thirty (30) days of the submission of a written complaint, and a decision is made regarding any discipline to be imposed within sixty (60) days; and
d. Reviewing the findings of any investigation conducted under this Section, and imposing any appropriate discipline.
In the case of the System Office, the Executive Vice Chancellor shall be responsible for appointing a Civil Rights Administrator to serve as the System Office CRA. When the System Office CRA is responsible for conducting an investigation, he or she shall submit his or her investigative findings to the appropriate Vice Chancellor.
F.4.06 - Complaint and Investigative Procedures
The purpose of this policy is to ensure compliance with the civil rights obligations of the System and to respond at the first possible level with prompt and equitable resolution of complaints alleging discrimination on the basis of race, color, creed, national origin, gender, age, veteran's status, sexual orientation, or disability. The procedures described in this Policy shall be the exclusive route for resolving all other employee complaints of unlawful discrimination, including harassment and retaliation. All complaints alleging violation of this policy shall be referred to the appropriate CRA.
F.4.07 - Informal Resolution Process
All employees and students are encouraged to attempt to work out a solution directly with the person whose conduct is the basis for the complaint.
At the request of the complainant and with the agreement of the person whose conduct is the basis for the complaint, the CRA may seek an informal resolution of the issues raised by the complainant.
Prior to undertaking an informal resolution of the complaint, the supervisor or the CRA is to provide the complainant with information about the formal complaint process. If the issues are satisfactorily resolved, the CRA is to maintain records regarding the issues raised and the resolution.
F.4.08 - Formal Complaint Procedure
Any employee who believes that he or she has been subject to discrimination in violation of this policy may utilize the formal complaint process below to seek formal action on the complaint.
F.4.09 - Written Formal Complaint
The written complaint is to be delivered to the appropriate Civil Rights Administrator (CRA) by the complainant within sixty (60) days of the occurrence of the alleged discrimination violation.
No person shall be required to submit a written complaint to a campus CRA if the CRA, his or her supervisor, or the LEO to whom the report will be submitted is the subject of the complaint. The employee may submit his or her complaint to the Associate Vice Chancellor of Human Resources at the System Office.
All formal complaints shall be in writing and provide the following information: name, address and telephone number of the complainant; nature, date and description of the alleged violation; name(s) of persons responsible for the alleged violations; and any background information that the grievant considers to be useful to the decision maker.
The absence of a written complaint shall not prevent the CRA from initiating an investigation of reports of discriminatory or harassing conduct by an LSCS employee.
F.4.10 - Investigation
Upon receipt of the written complaint, the CRA will forward a copy of the complaint to the LEO and Associate Vice Chancellor of Human Resources. The Associate Vice Chancellor or his or her designee will meet with the campus CRA to determine the proper investigatory process by deciding whether to 1) investigate the complaint, 2) refer the complaint to another CRA for investigation in the System or 3) refer the complaint to an external CRA.
F.4.11 - External Civil Rights Investigator
The General Counsel will identify individuals who are not employed by the System, are knowledgeable about civil rights laws, are familiar with the operation of educational institutions, and demonstrate an independence of judgment to be available to conduct an investigation or part of an investigation under this Section as an external civil rights investigator.
If the CRA finds, with the approval of the LEO, that the appointment of an external civil rights investigator is necessary to provide a timely and objective investigation, resolve disputed or complex facts, collect evidence or expedite the process, the LEO will appoint an external investigator.
F.4.12 - Investigator Meetings
The CRA or external investigator shall promptly meet separately with the complainant and any person accused of violating this policy. The complainant and any person accused of violating this policy will be provided with a copy of the complaint. If the investigation has been initiated without a complaint, or the complainant has requested and the CRA agreed to investigate without releasing his or her identity, the CRA will provide the person accused of violating this policy with a verbal description of the pertinent details of the report.
The complainant and the person accused of violating this policy may have a representative present at his or her own scheduled investigatory meeting, but the representative will not be permitted to make arguments or present evidence in the investigatory meeting.
The purpose of the investigatory meeting is to collect information regarding the complaint. Rules of evidence shall not apply at any investigatory meetings and neither the complainant nor the person accused of violating this policy may participate in the questioning of each other or any persons interviewed in the course of this investigation.
The complainant and the person accused of violating this policy may provide to the investigator names of witnesses or persons with knowledge relevant to the investigation and shall provide copies of any written documents to the CRA or external civil rights investigator. The CRA may obtain documents not provided or referenced by either party and may interview additional persons at the CRA' s discretion.
The CRA or external investigator shall inform the complainant and any person accused of violating this policy that they are required to respect the confidentiality of the investigative process, that they are prohibited from discussing the complaint during the investigation, or from retaliating against the complainant or persons assisting in or cooperating with the investigation.
F.4.13 - Investigator's Report
At the completion of any investigation undertaken by a CRA or an external civil rights investigator, he or she shall submit a written investigatory report, with factual findings, to the LEO and Associate Vice Chancellor for Human Resources or his or her designee.
F.4.14 - Findings and Conclusion
The Associate Vice Chancellor of Human Resources or his or her designee shall meet with the LEO and his or her designee to review the findings of the CRA or external civil rights investigator and determine whether this policy or the policy on Prohibited Harassment was violated and what, if any, disciplinary actions or other resolution to the complaint are appropriate. The LEO shall promptly communicate his or her decision in writing to both the complainant and the person who is the subject of the complaint.
F.4.15 - Appeal to Chancellor
A person who initiated a complaint under this Policy or the Policy on Prohibited Discrimination/Harassment may appeal to the Chancellor to contest the process used to consider his or her complaint, however he or she may not appeal or otherwise contest the absence, nature or severity of discipline imposed by the LEO on another student or employee.
A person who is found to have violated this Policy or the Harassment Policy, and receives discipline beyond a letter of reprimand may appeal to the Chancellor.
The decision of the LEO shall be considered to have been accepted by the complainant and the person disciplined for violating this Policy unless he or she files an appeal with the Chancellor within 14 days of the receipt of the LEO's written communication regarding the investigation. The Chancellor shall review the appeal within 20 days from its submission.
In considering an appeal, the Chancellor may limit his or her review to the documents collected by the CRA or external civil rights investigator during the investigation, may request and review additional documentation or may refer the matter to an outside civil rights investigator to collect additional evidence or to make independent factual findings. The purpose of this review is to ensure that the conclusions from the initial investigation were not arbitrary, capricious or discriminatory; did not violate the fundamental rights of the complainant or the person accused of violating this policy, and did not violate fundamental fairness.
F.4.16 - Retention of Records
The official personnel file of the complainant and the person accused of violating this policy shall not contain information reflecting the existence of a civil rights complaint or investigation. However, if as a result of the investigation, any employee is subject to discipline beyond counseling under this policy, or the "Harassment" Policy, the file of the employee so disciplined shall include the written communication from the LEO regarding conclusion of the investigation and the disciplinary action.
The records of the investigation, including the notes, documents and other information collected by the CRA during the course of the investigation, shall be maintained by the CRA and shall not become part of the System's official personnel files.
F.4.17 - Board Appeals
If the sanctions imposed by the LEO, and upheld by the Chancellor, for the violation of this policy include discipline beyond a letter of reprimand, the employee who is the subject of that discipline will be permitted to appeal the decision to the Board in accordance with the process described in the "Appeals" Section, Chapter IV. Human Resources, Board Policy Manual.