Ohio Administrative Code › Title 3358:16 - Terra State Community College › Chapter 3358:16-101 - Equal Opportunity; Non-Discrimination; Fair Labor; Leave › Section 3358:16-101-01 - Equal education opportunity 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
			 discrimination
Terra state community college is
				committed to providing equal educational opportunity. Discrimination in any
				form will not be tolerated within the Terra state community college community.
				All members of the faculty, staff, administration, student body, volunteers,
				and visitors to the campus have the right to be pursue their careers or studies
				free from discrimination. The
									
									 groups mentioned in this policy are
				expected to conduct themselves in a manner that does not infringe upon the
				rights of others. This policy has been developed to reaffirm these principles
				and to provide recourse for those individuals whose rights have been violated.
				This policy has dual purposes. It serves as a measure for the college to
				determine, after the fact, if behaviors have violated policy. It also provides
				general guidelines for the expectations the college has for non-discriminatory
				behavior. Separate policies have been developed to specifically address sexual
				and disability discrimination.
(C)
								Filing a
			 complaint
A person who believes they have been
				subject to discriminatory treatment is encouraged to report these offenses to
				the Title IX coordinator, a deputy coordinator, or to their direct supervisor.
				Any person who receives a complaint of 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)
									Investigators
The following individual(s) have been
				appointed by the President to handle inquiries regarding this
				policy:
Mr. Heath Martin, associate dean of
				students and Title IX coordinator. Terra state community college, 2830 Napoleon
				road, Fremont, OH 43420. Office location: SAC. Phone: (419) 559-2350. Email:
				hmartin01@terra.edu
Ms. Nanci Kosanka, director of human
				resources and deputy Title IX coordinator. Terra state community college 2830
				Napoleon Road, Fremont, OH 43420. Office location: B205. Phone: (419) 559-2465.
				Email: nkosanka@terra.edu
Mr. Jack Fatica, vice president for
				academic affairs and deputy title IX coordinator Terra state community college.
				2830 Napoleon road Fremont, OH 43420, Office location: B209, Phone: (419)
				559-2381. Email:
nkosanka@terra.edu
(2)
									Definitions
(a)
										COMPLAINANT is
			 the individual making an allegation of a violation of college
			 policy.
(b)
										RRSPONDENT 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)
										GENDER IDENTITY AND GENDER EXPRESSION is respectively
			 to the gender one self-identifies as, and the gender one expresses oneself
			 as.
(e)
										GENETIC INFORMATION is information about an
			 individual's genetic tests and the genetic tests of an individual's family
			 members, as well as, information about any disease, disorder, or condition of
			 an individual's family members (i.e. an individual's family medical history).
			 Family medical history is included in the definition of genetic information
			 because it is often used to determine whether someone has an increased risk of
			 getting a disease, disorder, or condition in the future.
(f)
										MARITAL STATUS is
			 the legal status of being married, single, separated, divorced, or widowed. It
			 does not include consideration of cohabitating relationships.
(g)
										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.
(h)
										SEXUAL
			 ORIENTATION is a person's sexual identity in relation to the gender or genders
			 of people to whom the person is physically and/or emotionally
			 attracted.
(i)
										VETERAN is a person who served at least
										
										 one hundred
			 eighty days in the active military, and who was discharged or released under
			 conditions other than dishonorable, as specified in
			  38 U.S.C. 101(2). Active
			 service includes full-time federal services in the national guard or a reserve
			 component. The definition of "active service" does not include full-time duty
			 performed strictly for training purposes (i.e., that which is referred to as
			 "weekend" or "annual" training), nor does it include full-time active duty
			 performed by national guard personnel who are mobilized by state rather than
			 federal authorities.
(3)
									General grievance
			 procedures
(a)
										Terra state community college encourages those who have
			 experienced any form of discrimination or retaliation to report the incident as
			 soon as possible to allow for the most effective investigation. All 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 education 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
			 a crime.
(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 as follows
(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)-522-4970
(4)
									Investigative
			 procedure
(a)
										A
			 complainant may initiate the investigative procedure by filing a complaint with
			 the Title IX coordinator or a deputy coordinator describing the details of the
			 alleged harassment or discrimination. Upon receipt of such a complaint, the
			 Title IX coordinator or a deputy 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 or
			 deputy coordinator. If necessary the coordinator or deputy 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 progressive action policy will
			 apply.
(f)
										In most circumstances, the investigative process shall
			 be completed within
										
										 sixty days of the initial complaint.
(5)
									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 confidence should work
			 with an individual from the counseling center. Because 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 as 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 an investigative process
			 are asked to keep any information they have or may learn of 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.
(6)
									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.