Ohio Administrative Code › Title 3358:16 - Terra State Community College › Chapter 3358:16-101 - Equal Opportunity; Non-Discrimination; Fair Labor; Leave › Section 3358:16-101-03 - Equal employment opportunities for individuals with a disability and disability discrimination policy

Current through all regulations passed and filed through July 1, 2024
(A)
								Notice of
			 non-discrimination
Terra state community college does not
				discriminate on the basis of race, color, religion, national origin, ethnicity,
				sex, age, gender identity, genetic information, gender expression, sexual
				orientation, marital status, disability, pregnancy, military status, or special
				disabled or Vietnam-era veteran status in provision of educational programs and
				services or employment opportunities and benefits pursuant to the requirements
				of Title VI of the Civil Rights Act of 1964, Title IX of the Education
				Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of
				the American with Disabilities Act of 1990, the Age Discrimination Act of 1976,
				the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter
				4112. of the
									
									Revised Code.
(B)
								Notice against
			 disability discrimination
Terra state community college is
				committed to providing equal employment opportunities for qualified individuals
				with disabilities and endorses the principles of non-discrimination and
				reasonable accommodation as described in Section 504 of the Rehabilitation Act
				of 1972 and Title II of the American with Disabilities Act of 1990. The college
				will not discriminate against any employee or applicant for employment because
				of a known disability in regard to any position for which the employee or
				applicant is qualified. Positive steps will be taken to employ, advance in
				employment, and otherwise treat known qualified individuals without
				discrimination based upon their disability in all employment practices,
				including but not limited to the following: application, testing, hiring, work
				assignments, evaluation, promotion, transfer, disciplinary actions, recruitment
				or recruitment advertising, layoff/recall, termination or demotion, rates of
				pay or other forms of compensation. The college will provide, upon request,
				reasonable accommodation to known employees with qualified disabilities, if
				that is needed to enable them to perform the essential functions of their job
				provided that it does not pose an undue hardship. Additionally, the policy
				serves as a measure for the college to determine, after the fact, if behaviors
				have violated policy and provides general guidelines for the expectations the
				college has for non-discriminatory behavior.
(C)
								Filing a
			 complaint
An employee who wishes to appeal an
				accommodation request that has been denied or who believes they have been
				subject to discriminatory treatment is encouraged to report these offenses to
				the section 504 coordinator. Any person who receives a complaint of disability
				discrimination, harassment or retaliation, is expected to report the incident
				promptly.
(D)
								Non-retaliation
Terra state community college strictly
				adheres to and enforces a non-retaliation policy. Retaliation against an
				individual who has reported discriminatory treatment and retaliation against
				individuals for cooperating with an investigation is unlawful and will not be
				tolerated by the college. Any person who violates this policy will be subject
				to discipline, up to and including termination if they are an employee, and or
				dismissal if they are a student.
(E)
								Process:
(1)
									Investigator
The following individual has been
				appointed by the president to handle inquiries regarding this
				policy:
Mr. Heath Martin, associate dean of
				students and section 504 coordinator Terra state community college 2830
				Napoleon road fremont, OH 43420 Office Location: SAC Phone: (419) 559-2350
				email: hmartin01@terra.edu
(2)
									Definitions
(a)
										"Complainant" is
			 the individual making an allegation of a violation of college
			 policy.
(b)
										"Respondent" is the individual charged with an alleged
			 violation of college policy.
(c)
										"A person with a
			 disability" is any person who:
(i)
											has a physical or mental impairment which substantially
			 limits one or more of the such person's life activities;
(ii)
											has a record of such impairment;
(iii)
											is regarded as having such an impairment;
			 or
(iv)
											is otherwise deemed
			 disabled under applicable federal or state law.
(d)
										"Examples of
			 disabilities" are physical, psychological, mental, neurologic, and learning.
			 Certain cosmetic disfigurements and serious contagious and non-contagious
			 diseases including, but not limited to, AIDS, AIDS-related complex, epilepsy,
			 and tuberculosis can be classified as a disability.
(e)
										"Reasonable
			 accomodations" is any change in the work environment or in the way things are
			 usually done which results in equal employment opportunity for all individuals
			 with a disability. The college will make reasonable accommodations to the known
			 physical or mental limitations to a qualified employee with a disability,
			 unless the accommodation would cause an undue hardship on the
			 institution.
(f)
										"Retaliation" is any action, by any person, that is
			 perceived as: intimidating, hostile, harassing, retributive, or violent that
			 occurred in connection to the making and investigation of the
			 report.
(g)
										"Qualified individual" is a person with a disability
			 who meets the skill, experience, education, and other job-related requirements
			 and who, with or without reasonable accommodation, can perform the essential
			 functions of the job.
(3)
									Accommodation
			 requests
(a)
										An
			 employee must disclose their claim of disability and request for accommodations
			 to the director of human resources through a formal consultation. While an
			 employee is free to disclose his or her condition and request to their direct
			 supervisor, and supervisors are encouraged to refer such disclosures to the
			 director, an employee must not rely on disclosures to persons other than the
			 director.
(b)
										At the initial consultation, employees should provide
			 current and valid documentation of the claimed disability. The documentation
			 must specify the nature of the disability, how the disability affects the
			 employees work environment, and recommendations for accommodations. Examples of
			 current and valid documentation include, but are not limited to: written
			 assessment completed by a licensed or certified professional qualified to
			 evaluate the disability or a written evaluation based on assessment reports
			 from the employee's most recent secondary or post-secondary
			 school.
(4)
									Review and determination of request
(a)
										The director of
			 human resources will review all documentation, the employee's prior
			 disability-related services and other pertinent information to determine
			 appropriate accommodation. The director may also consult confidentially with
			 the person(s) assessing the employee's disability and those college officials
			 who the director deems necessary.
(b)
										If the director
			 finds the employee eligible for accommodations, the director will discuss their
			 findings with the employee during a formal consultation.
(c)
										If the director
			 finds the employee ineligible for accommodations, or if a requested
			 accommodation is denied the employee will be notified through a formal
			 consultation. The employee may then choose to appeal the director's
			 decision.
(5)
									Accommodation appeal procedures
(a)
										If an employee's
			 request for an accommodation is denied by the director of human resources, the
			 employee is afforded the right to appeal.
(b)
										An employee must
			 submit an accommodations appeal form to the associate dean of students/section
			 504 coordinator within five business days of the denial.
(c)
										The associate
			 dean of students/section 504 coordinator will respond to the appeal within five
			 business days with a decision.
(6)
									General grievance
			 procedures
(a)
										Terra state community college encourages those who have
			 experienced any form of disability discrimination, harassment or retaliation
			 should report the incident as soon as possible after the incident(s) in order
			 to be most effectively investigated. All reports and complaints of
			 discrimination will be promptly investigated and appropriate action will be
			 taken as expeditiously as possible.
(b)
										The college will
			 make reasonable efforts to protect the rights of both the complainant and the
			 respondent. The college will respect the privacy of the complainant, the
			 individual(s) against whom the complaint is filed, and the witness(es) in a
			 manner consistent with the college's legal obligations to investigate, to take
			 appropriate action, and to comply with any discovery or disclosure obligations
			 by required law.
(c)
										The college reserves the right to investigate and
			 resolve a complaint or report of discrimination regardless of whether the
			 complainant ultimately desires the college to pursue the complaint. In such
			 cases, parties shall be informed of the status of the investigation at
			 reasonable times until the college's final disposition of the
			 investigation.
(d)
										Anonymous complaints will be accepted; however, Terra
			 state community college's ability to obtain additional information may be
			 compromised and the ability to investigate or resolve anonymous complaints may
			 be limited.
(e)
										When a complaint is received, the college will take
			 appropriate corrective action in an expeditious manner. Any investigation will
			 be conducted in such a way as to maintain confidentiality to the extent
			 practicable under the circumstance(s). When meeting with the investigator,
			 information will be provided about the policy on equal opportunity and the
			 complaint process.
(f)
										When the investigation is completed, the college will,
			 to the extent appropriate, inform the person filing the complaint and the
			 person alleged to have committed the conduct of the results of the
			 investigation. If it determined that inappropriate conduct has occurred, the
			 college will act promptly to eliminate the offending conduct and where it is
			 appropriate, to impose disciplinary action through appropriate due process
			 procedures.
(g)
										Intentionally making a false complaint or report of
			 discrimination is a violation of this policy, and constitutes misconduct
			 subject to disciplinary action, and may also be a crime.
(h)
h.
In addition to the listed
												
												 options, if
				you believe you have been subjected to discrimination, you may file a formal
				complaint with any or all of the government agencies set forth below. Using the
				college's complaint process does not prohibit you from filing a complaint with
				these agencies.
(i)
												
												The United
			 States equal employment opportunity commission Detroit field office Patrick V.
			 McNamara building, 477 Michigan avenue, room 865, Detroit, MI 48226
			 1-800-669-4000
(ii)
												
												Ohio civil
			 rights commission Toledo office 1 Government center, room 936, Toledo, OH 43604
			 (419)-245-2900
(iii)
												Department of education,
			 office for civil rights Cleveland office 600 Superior avenue east, suite 750,
			 Cleveland, OH 44114 (316)-522-497
(7)
									Investigative
			 procedure
(a)
										A
			 complainant may initiate the investigative procedure by filing a complaint with
			 the section 504 coordinator describing the details of the alleged harassment or
			 discrimination. Upon receipt of such a complaint, the section 504 coordinator
			 will promptly conduct an investigation to determine whether the complaint can
			 be substantiated, and, if so, whether it can be effectively remediated or
			 resolved by the coordinator. If necessary, the Coordinator will take
			 appropriate temporary measures to address the complaint pending further
			 investigation.
(b)
										An investigation may include any of the following:
			 interviews of the parties involved, including witnesses, and the gathering of
			 other relevant information. Both the respondent and complainant may present
			 witnesses and other evidence.
(c)
										At any time
			 during the investigation, the investigator may recommend that interim
			 protections or remedies for the parties involved or witnesses be provided by
			 appropriate college officials. These protections or remedies may include
			 separating the parties, placing limitations on contact between parties,
			 suspension, or making alternative workplace or student housing arrangements.
			 Failure to comply with the terms of interim protections may be considered a
			 separate violation.
(d)
										If the investigation determines the claim is likely to
			 be substantiated, and if the respondent is a student, the formal process will
			 utilize the student discipline committee, the hearing process outlined in
			 Article G of the student code of conduct.
(e)
										If the
			 investigation determines the claim is likely to be substantiated, and the
			 respondent is an employee, the corrective action policy will
			 apply.
(f)
										In most circumstances, the investigative process shall
			 be completed within
										
										 sixty days of the initial written
			 complaint.
(8)
									Confidentiality
(a)
										All college
			 employees, excluding licensed professionals from the college counseling center,
			 must report discrimination. Therefore, individuals who wish to discuss a
			 situation in complete should work with an individual from the counseling
			 center. Because the content of discussions with confidential resources is not
			 reported to an office of record, such discussions do not serve as notice to the
			 college to address the alleged discrimination.
(b)
										All inquiries,
			 complaints, and investigations are treated with discretion. Information is kept
			 confidential as law and college policy permit. However, the identity of the
			 complainant is usually revealed to the person(s) accused of such conduct.
			 Participants in the investigative process are asked to keep any information
			 they have or may learn as confidential as practicable.
(c)
										The college shall
			 protect the privacy of individuals involved in a report of discrimination to
			 the extent allowed by law and college policy. Confidentiality is an aspiration
			 but is not always possible or appropriate. Confidentiality needs to be balanced
			 with the legal obligation of the college to ensure a working and learning
			 environment that is free from discrimination and the due process rights of the
			 respondent to be informed of allegations and their source. Therefore, some
			 level of disclosure may be necessary to ensure a complete and fair
			 investigation.
(9)
									Special provisions
(a)
										Attempted
			 violations - The college may treat attempts to commit any of the violations
			 listed in this policy as if those attempts had been completed.
(b)
										The college as
			 complainant - As necessary, the college reserves the right to initiate a
			 conduct complaint, to serve as the complainant, and to initiate conduct
			 proceedings without a formal complaint by the alleged victim or
			 complainant.
(c)
										Third party violations - Discriminatory conduct by
			 third parties, who are not themselves employees or students at the college
			 (e.g., a visiting speaker or members of a visiting athletic team), may also be
			 of a sufficiently serious nature to deny or limit a student's ability to
			 participate in or benefit from the education program. As such, if the college
			 knows or should know of the harassment, the college is responsible for taking
			 prompt and effective action to eliminate the hostile environment and prevent
			 its recurrence.
(i)
											The type of appropriate steps taken by the college will
			 differ depending on the level of control the college has over the third party.
			 For example, if athletes from a visiting team harass the home college's
			 students, the home college may not be able to discipline the athletes. However,
			 it could encourage the other school to take appropriate action to prevent
			 further incidents or choose not to invite the other school
			 back.
(ii)
											Third party visitors to campus may also be the subject
			 of discrimination and are entitled to utilize the processes and procedures
			 outlined in this policy.