4.07 Discrimination Complaint Resolution

Title: Discrimination Complaint Resolution
Number: BP 4.07
Adopted: March 1995
Reviewed: April 2018
Revised: April 2018

Nicolet Area Technical College maintains fair and impartial relations with employees, applicants for employment, and students without regard to race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation or any other protected status. Discrimination by supervisors, co-workers, or students on the basis of race, sex, national origin, disability or any other protected status is prohibited by the Board of Trustees. Affirmative Action efforts will be required for individuals with protected statuses, and persons with disabilities in educational programs and in job categories. Appropriate sanctions and preventive measures will be used to eliminate discrimination.

Nicolet Area Technical College seeks continuous compliance with the following EEO/AA laws and executive orders: Title VI and VII of the Civil Rights Act of 1964 as amended, Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act, the Americans With Disabilities Act of 1990 as amended, the Civil Rights Act of 1991, the Carl D. Perkins Vocational and Technical Education Act, the Equal Pay Act of 1963 as amended, the Age Discrimination Acts of 1967, 1975, and 2010, the Civil Rights Restoration Act of 1987, the Wisconsin Fair Employment Law, other appropriate laws and executive orders and/or administrative directives and codes including the Office for Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, national Origin, Sex, and Handicap in Career Technical Education Programs (34 CFR, Part 100, Appendix B).

Equal opportunity as required in Chapter 38 of the Wisconsin Statutes and the Wisconsin Fair Employment Law under Sec. 111.31-111.395 Wis. Stats. is for all persons regardless of political affiliation, age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, gender identity, arrest or conviction record, service in the armed forces, genetic testing, and the use or non-use of lawful products off the employer's premises during non- working hours.

Discrimination is defined as disparate treatment in any service, program, course or facility of Nicolet Area Technical College based on any protected status. Employees and students of Nicolet Area Technical College wishing to file a complaint alleging any act of discrimination in violation of equal employment or education laws or policies shall do so directly with the Director of Human Resources (EEO/Affirmative Action Officer). For employment purposes, this policy covers all personnel transactions in job classification, placement, assignment, training, promotion, termination, salary, conditions of work, leave and other employment policies.

Students are covered by this policy in all educational programs and activities, recruitment, admissions, financial aid, counseling, access to course offerings, instruction, athletics, facilities, and student employment.

Complaints involving alleged rape, acquaintance rape, sexual assault, sexual harassment, domestic violence, dating violence or stalking may be handled per AP 3.07 Title IX and Violence Against Women Act/Clery Compliance.

Discrimination Complaint Procedure:

  1. Discrimination complaints must be filed in writing and include the following information:
  2. Name
  3. Contact information (address, phone, email)
  4. Date of the alleged incident
  5. Persons involved in alleged discrimination
  6. Description of the alleged incident
  7. Witnesses to the alleged discrimination
  8. Relief sought
  9. Written discrimination complaints should be sent to: Director of Human Resources

Nicolet Area Technical College
P.O. Box 518 Rhinelander, WI 54501 Phone: (715) 365-4449
Direct TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529
Fax:  (715) 365-4460
Email: hr@nicoletcollege.edu

If the discrimination complaint involves a member of the Human Resources Office, the written complaint should be sent to the Executive Vice President of Academic and Student Affairs or designee.

Retaliation against anyone filing a discrimination complaint under this policy is prohibited. While the most effective and timely remedies are available through this College process, the filing of a complaint under this policy does not preclude a person's right to seek remedies through avenues outside the institution.

The College encourages reporting of any discrimination complaint within 30 days to facilitate a prompt and thorough investigation of the facts and circumstances involved. Under Wisconsin Law, any staff member or student who believes he/she has been discriminated against or who alleges discrimination has occurred in violation of this policy may also file a complaint with the Equal Rights Division of the Wisconsin Department of Workforce Development within 300 days of the alleged violation.

Notification:

Within five (5) working days after a discrimination complaint is filed, the Director of Human Resources will notify the President and the respondent that a complaint of discrimination has been filed, and of his/her intent to investigate the complaint.

Investigation & Decision:

  1. Within ten (10) days of receiving a discrimination complaint, the Director of Human Resources will investigate the allegations and issue a written notice of his/her findings to the parties involved.
  2. If the complainant is not satisfied with the decision, he/she may appeal the decision to the Executive Vice President or designee within ten (10) days of that determination. The appeal must be in writing and specify in detail what findings, recommendations, or other aspects of the determination are being appealed.

Appeal to the Executive Vice President:

The Executive Vice President or designee will meet with the relevant parties and will issue a decision within ten (10) days of receiving the appeal. Copies of the decision will be sent to the parties involved and the Director of Human Resources. The decision of the Executive Vice President or designee is final, and there shall be no further appeal of the matter internally.

Consequences of Discrimination:

Employees who discriminate against students or other employees will be subject to appropriate disciplinary action up to and including termination pursuant to relevant policies. Students who discriminate against other students will be subject to disciplinary action pursuant to student disciplinary processes.