Non-Discrimination Policy 501

Subject: NON-DISCRIMINATION
Board Policy Number: 501 (procedure 501.01)
Date Adopted: June 13, 1995; June 12, 2007; December 9, 2008

Peninsula College provides equal educational and employment opportunities, services, and benefits to students and employees in accordance with provisions of the Washington Law Against Discrimination (RCW 49.60), Title VI and VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991 (which amends Title VII and other federal civil rights statutes); Title IX of the Educational Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title II of the Americans with Disabilities Act of 1990; and other state and federal laws and regulations concerning employment and admission to programs and activities.
              
Peninsula College prohibits discrimination on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, including gender identity, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability in its programs and activities.  Employees are also protected from discrimination for filing a whistleblower complaint with the Washington State Auditor.
                        
The following person has been designated to handle inquiries regarding non-discrimination policies including those related to Section 504, Title II, and Title IX:  Human Resources Officer, Human Resources office,  (360) 417-6212 .  
          
With the exception of employment application materials, Peninsula College will use the following nondiscrimination statement for all bulletins, announcements, publications, catalogs, application forms and other recruitment materials:

“Peninsula College does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities. Coordination of compliance is the responsibility of the Human Resources Officer, PC HR Office,  (360) 417-6212 .”

        
Employment recruitment and application materials will use the following nondiscrimination statement:

“Peninsula College does not discriminate on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, including gender identity, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability in its programs and activities. Coordination of compliance is the responsibility of the Human Resources Officer, PC HR Office,  (360) 4....

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PENINSULA COLLEGE
Administrative Procedure 
Subject: NON-DISCRIMINATION PROCEDURE  
Board Procedure Number:  501.01
Date Adopted: December 5, 1997 
Revised: March 25, 2005

All Peninsula College employees and students are free to seek relief from alleged discriminatory practices or complaints without fear of restraint, reprisal, interference, or coercion.  No employee or student’s status with the college shall be adversely affected in any way because he or she utilizes these procedures.  The following informal and formal grievance procedures are designed to ensure fairness and consistency in the college’s relations with its employees and students.  Nothing in these procedures shall be construed as abridging the right of an employee or student to allege discrimination in exercising constitutional or statutory rights, which may be available.

INFORMAL REVIEW PROCEDURES: Any employee or student is urged to communicate his or her discrimination grievance to the appropriate supervisor.  Every effort should be made to resolve the grievance informally within the department.  Should, however, an employee or student feel that he or she is unable to discuss the grievance with the appropriate supervisor, then that employee or student should go to the major administrator for that unit, department, or division to discuss the problem.  The employee or student may also wish to exercise his or her rights to pursue an informal resolution, which may include mediation, with the assistance of the Affirmative Action Officer.

FORMAL REVIEW PROCEDURES: The formal review procedures described below have been established for those kinds of discrimination problems which remain unsolved after informal review has occurred and when the informal procedure has failed to resolve the conflict to the satisfaction of both parties.

1. Any employee or student who believes he or she has been discriminated against in connection with a violation of the college’s Affirmative Action policy may, after the informal procedures have failed, file a formal complaint in writing with the college’s Affirmative Action Officer, stating the grievance and requesting a remedy.  Within five working days of the filing, the Affirmative Action Officer shall serve a copy of the complaint to the respondent and notify the respondent’s major administrator.  The respondent has five working days in which to respond to the allegations in the complaint in writing and submit the reply to the Affirmative Action Officer.  Within five working days of the receipt of the reply, the Affirmative Action Officer shall show the reply to the complainant, and ask both the complainant and respondent if they will mediate the complaint.  If so, the Affirmative Action Officer will initiate the mediation within ten working days of receiving the reply unless availability of the parties involved necessitates an extension. 

2.  If the complaint is unresolved after mediation, or if either party refuses to mediate, the Affirmative Action Officer, or a qualified designee shall then investigate the complaint.  Depending upon the circumstances, this investigation may include meetings with the employee, the immediate supervisor, the major administrator, and any other person who may be involved.  A finding of probable cause or no probable cause shall be given to the employee or student by the Affirmative Action Officer within 60 working days of the filing of the complaint.  This time may be extended by mutual agreement between complainant and committee.

3.  If the complainant or respondent is not satisfied with the results of the review as indicated above, that person may appeal to the College President.  All information regarding the complaint shall be forwarded to the President by the Affirmative Action Officer, and the complainant or respondent may submit any further information desired.  The President shall, within ten working days, communicate in writing to the complainant or respondent a decision, with a copy to the Affirmative Action Officer.  Again, the time may be extended by mutual agreement.  The decision of the President shall be the college’s final decision.