Title: Affirmative Action
Number: BP 4.01
Adopted: March 1995
Reviewed: September 2020
Revised: October 2018

As required in Chapter 38, Wis. Stats., and the Wisconsin Fair Employment Law (Sec. 111.31-111.395, Wis. Stats.), 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, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.

Nicolet Area Technical College seeks continuous compliance with the following laws: Title VI and VII of the 1964 Civil Rights Act as amended, Age Discrimination in Employment Act of 1975, the Americans with Disabilities Act of 1990, Equal Pay Act of 1963 as amended, Title IX of the 1972 Education Amendments, Section 504 of the 1973 Rehabilitation Act, Wisconsin Fair Employment Law, the 1976 Vocational Education Amendments, and the Office of Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Career and Technical Education Programs (34 CFR, Part 100, Appendix B).

Discrimination by supervisors, co-workers, or students on the above mentioned personal attributes is an illegal practice and is prohibited.  Appropriate sanctions and preventive measures will be used to eliminate discrimination.

The principles and concepts of Affirmative Action will be integrated into all employment practices including, but not limited to, recruiting, hiring, transfers, promotions, training, compensation, benefits, layoff, terminations, retention, certification, testing, and committee appointments.  Affirmative Action will be utilized to achieve a work force with an appropriate balance of ethnic/racial minorities, women, and the disabled

Nicolet Area Technical College will ask for nondiscrimination assurance from contractors and suppliers of services and their assurance that they maintain reputable Affirmative Action practices.

Nicolet Area Technical College will maintain physical accessibility for disabled persons, and will provide other reasonable accommodations in response to requests.  Religious observances and practices will receive reasonable accommodations.

An Affirmative Action complaint procedure is used to process charges of discrimination on the basis of race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.  The procedure is administered by the District EEO Officer and can be found on the College website in Board Policy 4.07 Discrimination Complaint Resolution.

Nicolet Area Technical College appoints an Affirmative Action/EEO Officer whose responsibilities include developing and implementing the Affirmative Action Plan, and monitoring compliance.  Responsibilities of the Officer include: developing a written Affirmative Action Plan, monitoring internal and external communication procedures, collecting and analyzing employment and student data, identifying problem areas, setting goals and timetables, developing and implementing programs to eliminate discriminatory practices, designing and implementing an internal monitoring system, and submitting compliance plans and reports to the Wisconsin Technical College System Board Affirmative Action/EEO Officer.

The Vice President of Finance and Administration will establish an AA/EEO Advisory Committee for the purpose of active participation in the implementation of programs under the Affirmative Action Plan and outreach efforts for students and employees.  This committee membership will be reviewed annually and updated.  The Vice President of Finance and Administration will convene a meeting of the AA/EEO Advisory Committee as necessary to achieve this goal.

Nicolet Area Technical College reaffirms its policy of administering all educational programs and related supporting services and benefits in a manner which does not discriminate on the basis of a student's or prospective student's race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.  Organizational structures and procedures have been established to assure equal treatment and equal access to the facilities and educational benefits of the institution to all students.

Any questions concerning Affirmative Action or Equal Opportunity should be directed to the EEO Officer, Nicolet Area Technical College, PO Box 518, Rhinelander, WI 54501. Email: KAschenbrenner@nicoletcollege.edu Telephone (715) 365-4550; direct TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529

Title: Anti-Harassment and Nondiscrimination
Number: BP 4.02
Adopted: March 1995
Reviewed: September 2020
Revised: August 2020

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, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.

Nicolet Area Technical College seeks continuous compliance with the following laws: Title VI and VII of the 1964 Civil Rights Act as amended, Age Discrimination in Employment Act of 1975, the Americans with Disabilities Act of 1990, Equal Pay Act of 1963 as amended, Title IX of the 1972 Education Amendments, Section 504 of the 1973 Rehabilitation Act, Wisconsin Fair Employment Law, the 1976 Vocational Education Amendments, and the Office of Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Career and Technical Education Programs (34 CFR, Part 100, Appendix B).

All educational programs and related support services and benefits will be administered in a manner which does not unlawfully discriminate.

In compliance with Federal and State law, Nicolet Area Technical College will not tolerate harassment by its employees or non-employees. Pursuant to Title VII of the 1964 Civil Rights Act as amended, the following forms of harassment are prohibited.  Nicolet Area Technical College prohibits harassment by supervisors, co-workers, and non-employees on the basis of sex, race, color, national origin, disability, sexual orientation, gender identity, military status or any other protected status.

The College also prohibits sexual violence, unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual or otherwise offensive nature where:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment;

2. Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment (i.e., performance appraisals, compensation, advancement, or any other term or condition of employment or career development); or

3. Such conduct, determined by a reasonable person that has the purpose or effect of creating an intimidating, or hostile, or objectively offensive working environment.

Also included is the prohibition of the introduction of unwarranted and harmful emphasis on the sex of a student in a formal student/institutional relationship, including but not limited to student/faculty, student/counselor or student/administrator, the intent or effect of which is to create an intimidating, hostile, or offensive academic environment.

Examples of the types of conduct expressly prohibited by this policy include, but are not limited to, the following:

• Unwanted or offensive comments, slurs, jokes, letters, poems, or e-mail or voice-mail messages regarding race, color, religion, sex, national origin, age, disability, or any other legally protected status.
• Foul or obscene language.
• Sexually oriented or explicit remarks, including written or oral references to sexual conduct, gossip regarding one’s sex life, body, sexual activities, deficiencies, or prowess.
• Questions about one’s sex life or experiences.
• Repeated unwelcome sexual flirtations or repeated unwelcome requests for dates.
• Suggestive or sexually explicit posters, calendars, photographs, graffiti, or cartoons.
• Inappropriate touching, such as rubbing or massaging someone’s neck or shoulders, stroking someone’s hair, brushing against another’s body, grabbing, groping, kissing, or fondling.
• Leering, staring, stalking.
• Sexual favors in return for employment rewards, or threats if sexual favors are not provided.

Sexual violence including rape, assault, battery, and coercion.

Sexual Harassment under Title IX: Conduct that satisfies one or more of the following:

• A Nicolet College employee conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);
• Unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity;
• Sexual assault, including the following:
  • Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.
  • Rape
  • Sodomy
  • Sexual assault with an object
  • Fondling
  • Incest
  • Statutory rape
  • Dating violence
  • Domestic violence
  • Stalking

Any employee who experiences any job-related harassment based on race, color, religion, sex, national origin, age, disability, or status in any group protected by state or local law, or believes that he or she has been treated in an unlawful, discriminatory manner should immediately report any such incident to the employee’s supervisor or the Vice President of Finance and Administration.  Employees filing discrimination or harassment complaints should follow the process in the Discrimination Complaint Resolution Policy.

The College treats all claims of harassment and discrimination seriously. All complaints will be investigated promptly and all actions taken to resolve such complaints shall be conducted as confidentially as possible. The College strictly prohibits any form of retaliation against any employee for filing a complaint or for assisting in a complaint investigation.  Any employee who believes that he or she has been subjected to retaliation in violation of this policy should immediately report the retaliation to the Vice President of Finance and Administration.

Any questions concerning Affirmative Action or Equal Opportunity should be directed to the EEO Officer,
Nicolet Area Technical College, PO Box 518, Rhinelander, WI 54501. 
Email KAschenbrenner@nicoletcollege.edu
Telephone (715) 365-4550; direct
TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529

Any employee who is found, after appropriate investigation, to have violated this policy will be subject to appropriate action, up to and including terminatio.

Title: Employee Complaint and Appeal Procedure
Number: BP 4.04
Adopted: October 2011
Reviewed: September 2020
Revised: November 2015

The purpose of this document is to establish an administrative complaint and appeal procedure with respect to discipline and workplace safety consistent with Sec. 66.0509 (1m) of the Wisconsin Statutes.  This document applies when an employee (“complainant” as defined below) believes that he or she has been subjected to unfair or illegal discipline and/or unsafe working conditions  (as  defined  below)  provided  the  alleged  wrongful  behavior  had  a  significant connection to employment of complainant and the activities of the College.

To the extent that the provisions of Sec. 118.22, Wis. Stats are applicable, those statutory procedures shall be followed as required by law.

Definition

“Discipline” for the purposes of this procedure is defined as disciplinary demotion, suspension without pay, or disciplinary termination.

“Discipline” under this policy shall not include:

• Voluntary termination;
• An employee’s termination from work which was temporary, or limited term;
• Retirement;
• Layoff or failure to be recalled from layoff;
• Termination due to lack of work or position elimination;
• Any action taken due to lack of qualifications or license/certification for the position (WTCS or occupation related);
• Medical inability to perform the functions of the position;
• Transfer;
• Change in assignment or location;
• Awarding, reassignment or assignment of work (including amount of work);
• Hiring or selection decisions;
• Reorganization;
• Administrative leave (unpaid or paid); however, any discipline related to an administrative leave may be appealed using this process and any remedy requested may address the period of unpaid leave; or
• Actions taken to address work performance including providing guidance, counseling, or evaluation.

“Workplace safety” is defined as conditions of employment affecting an employee’s physical health or safety, the safe operation of workplace equipment and tools, safety of the physical work environment, and personal protective equipment. This complaint procedure does not apply to an appeal of a determination by a state or federal agency or regulatory body relating to workplace safety involving a College employee.

“Complainant” is defined as a full-time, part-time, project, or limited term College employee, on the payroll of Nicolet Area Technical College who has a personal complaint as defined in this procedure. This procedure does not apply to student employees. At the College’s discretion, personal and individual written complaints with the same or sufficiently similar underlying facts and policy issues may be combined at any step in the proceeding.

“Complaint” is defined as any written allegation of impropriety regarding discipline or workplace safety as defined in this procedure.   The written signed complaint shall include a clear and concise statement of the facts upon which the complaint is based, the specific policies alleged to have been violated if any, and the relief sought.  If mutually agreed upon by both parties, written complaints with  the  same  or  sufficiently similar  underlying  facts  and  policy  issues  may  be combined at any time.

“Days”  are  defined  as  Monday  through  Friday  when  the  College  is  open  for  business. Weekends, holidays, and days when the College is closed are excluded.

Procedure

Step 1

An issue related to employee discipline, or workplace safety as defined in this procedure should be discussed informally with the complainant’s immediate supervisor within ten (10) days after the facts upon which the complaint is based first occurred. The supervisor will meet with the complainant within seven (7) days, and provide his or her written response within ten (10) days of the meeting.  At the option of the College, a complaint relating to employee discipline may be referred to be initiated at Step 2.   In such case the complaint must be filed as specified in Step 2 within ten (10) days after the facts upon which the complaint is based first occurred.

Step 2

The complainant may, within seven (7) days after receipt of the written response of the immediate supervisor, request a review of the decision of his or her supervisor in writing to the Executive Vice President of Academic and Student Affairs or designee. The complainant shall provide, in writing, full and complete information on the facts underlying the complaint and the policy alleged to have been violated. The College may provide a written statement with supporting documents.

A.  Review of Complaint

The Executive Vice President or designee, within seven (7) days of receipt of the request for review, shall review the complaint to determine whether the complaint is valid. Validity is not a determination of whether or not the actions that gave rise to the complaint occurred, but whether or not the action underlying the complaint is within the scope of the complaint procedure.  The Executive Vice President or designee shall establish validity upon determining all of the following:

• That the complaint involves discipline or workplace safety as defined in this procedure;
• That the alleged conduct had a significant connection to the employment of the individual complainant and activities of the College;
• That the complainant is a College employee as defined in this procedure; and
• That the complainant was the party harmed by the activity or action set forth in the complaint.

If the Executive Vice President or designee concludes that the complaint lacks validity, he or she shall dismiss the complaint.  The complainant shall be notified of such dismissal within seven (7) days of such decision.

B.  Meeting Regarding Merits

If the Executive Vice President or designee concludes the complaint is valid, he or she may meet with the complainant and/or other College personnel within ten (10) days of receipt of the request for review to evaluate the merits. The Executive Vice President or designee shall provide a written decision on the merits of the complaint within fifteen (15) days after the meeting.

The written complaint may not be amended following this decision; however, the remedy requested may be modified at any time without prejudice to the complainant’s position in the appeal.

If the Executive Vice President or designee finds that there was no violation, he or she will dismiss the complaint.  The Executive Vice President or designee shall uphold the decision if it was not arbitrary or capricious.

At any point in the investigation, the Executive Vice President or designee may attempt to conciliate the informal complaint through contact with all parties involved. Any agreement reached shall be in writing and signed by all parties involved.  This agreement shall be final and binding on the parties.

Step 3

The complainant or the College may submit a written request for a hearing on the Executive Vice President or designee’s decision with regard to merit within seven (7) days of the written response from the Executive Vice President or designee.  The written request for a hearing shall state the specific basis for disagreement with the decision of the Executive Vice President or designee and shall be submitted to the Vice President of Finance and Administration.  Upon receipt of the request, the College shall retain the services of an Independent Hearing Officer (IHO) and a hearing shall be scheduled within thirty (30) days.   After selection of the IHO, the hearing will be conducted according to procedures established by the College in advance.

A record of the hearing shall be made and any related cost will be equally shared between the College and the complainant.  The complainant shall have the burden of proof that the complaint is meritorious, which must be shown by evidence that is clear, satisfactory, and convincing.  In his or her written decision, the IHO shall make relevant findings of fact, shall decide for or against the complainant, and state his or her reasons.  The decision of the IHO shall be limited to the issues raised in the complaint.  The IHO shall overturn the decision of the College if the decision was arbitrary or capricious.  The IHO shall have no authority to add to, modify, or delete from the policies of the College. If the IHO rules in favor of the complainant, the IHO will determine the appropriate remedy.  The IHO’s decision will be provided in writing to the parties within thirty (30) days of the hearing.

Step 4

Either party may, within seven (7) days after receipt of the written decision of the IHO, appeal the decision of the IHO to the Nicolet College Board of Trustees by filing a written appeal specifically stating the basis for contesting the findings and/or decision of the IHO. The appeal shall be filed with the Executive Administrative Assistant to the President and the other party simultaneously.   The other party may submit a supplementary statement for Board consideration. No new evidence can be submitted by either party. Upon receipt of a request for an appeal, the College will provide a record of the IHO hearing for use by the Board. Upon receiving the record, the Board shall schedule a record review within thirty (30) days.  The deliberations will be conducted according to procedures established by the Board.  The Board shall overturn the decision of the IHO if the decision was arbitrary or capricious.

The Board shall issue its written decision within fifteen (15) days following the conclusion of the Board’s deliberations.   The decision shall be by simple majority vote and shall be limited to holding for or against the appealing party.   The decision shall be limited to the precise issue raised in the written appeal and shall be final and binding.

Timeline Requirements

If the College fails to give a written answer at Steps 1 or 2 within the designated timeframe, the complainant may immediately proceed to the next step.  Failure by complainant to meet applicable deadlines may be the basis for dismissal of any complaint.   If it is impossible to comply with the time limits specified because of extenuating circumstances, these time limits may be extended by mutual consent in writing.

The written complaint must state the reason(s) why the appealing party disagrees with the action or decision in the underlying step of this procedure, or the complaint will not move forward.

Representation

Either party may utilize a designated representative at their own expense.

Confidentiality

All participants in all proceedings under this procedure shall observe confidentiality to the extent reasonably possible.

Nicolet College Board Complaint Hearing Procedures

Before the Independent Hearing Officer

A hearing of a complaint from a decision by the College will be conducted by the Independent Hearing Officer (IHO) designated by the College pursuant to Board policy Complaint Procedure – Discipline and Safety.

During the conduct of the hearing, all attendees will be required to refrain from in any way interfering with or disturbing the hearing.  Anyone interfering with or disturbing the hearing will be removed from the premises.

Appearances and attendance will be recorded.  A transcript will be prepared for the hearing, and the College and the complainant shall share the costs equally.

All witnesses will be sworn.

The rules of evidence to be applied shall be reasonably determined by the IHO.

All questions shall be directed to the IHO exclusively by the College and Complainant or designated representatives.

The parties will each be limited to a maximum of 2 hours to present their case including opening statements, direct-examination of witness, closing arguments and rebuttals.  Time limits may be altered at the discretion of the IHO but only for good cause.  The IHO will use his/her discretion in extending the length of time allowed for proceedings based on the testimony presented.

The order of presentation will be as follows:

1. Each side, if they choose, may make an opening and closing statement.
2. Any appropriate stipulation as to facts agreed to by the parties will be accepted by the IHO and made part of the record.
3. While neither party is required to present witnesses, if used they will be sworn. Any witness presented by the party proceeding will be subject to cross-examination by the opposing party at the conclusion of his/her testimony.
4. After the conclusion of the examination of each witness by each of the parties and/or their representative, the IHO may ask questions. The IHO may ask the parties if the IHO’s questions give rise to additional questions.
5. The opposing party may then call witnesses for his/her case in chief related to the issue in this proceeding. Thereafter, subsections 8(d) and (e) will be repeated.
6. Rebuttal witnesses will be allowed as necessary.

All exhibits which either party intends to use for its presentation must be submitted to the IHO and the opposing party or their representative at least seven (7) calendar days before the date of the hearing. The only other exhibits which will be utilized are rebuttal exhibits which have a direct relationship to the issue and were not anticipated.  A list of witnesses must also be submitted by both parties to the IHO, and the opposing party or their representative at least seven (7) calendar days before the date of the hearing.  In addition, the Independent Hearing Officer may require that the College and the complainant provide the nature of the witnesses anticipated testimony.

All documents referred to by either party or any witness during the course of the hearing will be marked as an exhibit and made part of the record.  Parties must pre-mark all exhibits in order to expedite the process.

Both the Complainant and the College may be represented by a designated representative and may compel the attendance of witnesses by subpoenas which shall be issued by the IHO on request. The designated representatives(s) are required to serve subpoenas no later than seven (7) calendar days prior to the first day of the hearing.  Proper service of subpoenas will be the responsibility of the requesting party. Copies of the subpoenas issued will also be served on the other party and the IHO no later than the time it is served on the other party.

Each party will designate one spokesperson to conduct various portions of the hearing (for example motions, correspondence, examination of witnesses, opening statement, closing statement, questions to the IHO, etc.)

After all the evidence has been presented concerning the complaint, the IHO may, at his/her sole discretion, allow parties to file written statements setting forth their respective positions. Written statements will only be allowed in those isolated circumstances wherein the IHO will require additional guidance.  A time frame for such filing and mutual exchange of written statements shall be established by the IHO.  The IHO must issue a written decision as provided in Step 3.  That is, consistent with the College policy, the decision of the IHO shall be based on a determination of whether the decision of the College at Step 1 was arbitrary or capricious.

All correspondence will be conducted via email unless otherwise agreed upon. The IHO may make changes to the mailing process as needed.

Nicolet College Complaint and Appeal Procedures for the District Board of Trustees

Per the Nicolet College Employee Complaint and Appeal Procedure for Discipline and Workplace Safety Issues Pursuant to Wis. Stats. Sec. 66.0509 Board Policy 4.04, either party may, within seven (7) days after receipt of the written decision of the Independent Hearing Officer (IHO), appeal the decision of the IHO to the Nicolet Area Technical College District Board of Trustees (Board) by filing a written appeal specifically stating the basis for contesting the findings and/or decision of the IHO.  The written appeal shall be filed with the Executive Administrative Assistant to the President. This record review procedure relates only to a complaint submitted under this policy.

Neither party in the appeal may engage in communication with any Board member(s) on any substantive issues. Board members must not discuss the complaint with any person prior to the review.

The Board may designate a person to handle all procedural issues and communications associated with this appeal.  The procedures below may be modified at the option of the Board, so long as they are consistent with Board Policy 4.04.

Procedures

1. Upon receipt of a written request for an appeal of the decision of the IHO to the Board, the College will provide a record of the IHO hearing for use by the Board.   Copies of all documents and the record from the proceedings before the IHO will be made available to the Board members at least ten (10) days prior to the meeting.

2.      Upon receipt of the record, the Board Chair shall schedule the review within thirty (30) days. Board deliberations will be conducted in closed session.  Only Board members and the Board’s legal counsel shall be present.

3.      The Board must consider only evidence submitted during the hearing before the IHO.

4.      At its sole discretion, the Board may request clarification from the IHO prior to the scheduled deliberations.

5.      The Board shall overturn the decision of the IHO if the decision was arbitrary or capricious.

6.      The decision shall be by simple majority vote of the Board and shall be limited to holding for or against the appealing party.  The decision shall be limited to the precise issue raised in the appeal and shall be final and binding

7.      The Board shall issue a written decision within fifteen (15) days following the conclusion of the Board’s review.

Title: Access for Students with Disabilities
Number: BP 4.05
Adopted: March 1995
Reviewed: September 2015
Revised: October 2018

It is the intent of Nicolet Area Technical College to fully comply with section 504 of the Vocational Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) by providing prospective and enrolled students with disabilities equal access to College services and programs.  Disability Support Services is responsible for the determination and provision of reasonable accommodations for prospective and enrolled students with disabilities.  The ADA/504 Coordinator will ensure that students with disabilities are provided access to and participation in Nicolet Area Technical College's educational environment.

Admission of a disability is voluntary and will be handled in a confidential manner as outlined in Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, and the Family Educational Rights and Privacy Act of 1974, as amended.

Procedure for Accessing Reasonable Accommodations for Students with Disabilities

1. All prospective and enrolled students will be informed of the College policy of providing reasonable accommodations for persons with disabilities.  This information will be disseminated by the College.

2. Students will not be asked if they have a disability.  However, all students who voluntarily indicate that they have a disability may be asked follow-up questions regarding possible accommodations, or they may be referred to Disability Support Services for further assistance as needed.

3. Any student who becomes disabled during his/her enrollment or attendance at the College may request reasonable accommodations at any time.

Eligibility for Accommodation

Students with disabilities formally requesting accommodations must be referred to Disability Support Services. The Disability Support Services staff will work with the student to obtain specific documentation of their disability that is necessary to provide services. Reports from medical doctors, licensed psychologists, the Division of Vocational Rehabilitation, any licensed/certified social service agency, or high school Multi-Disciplinary Team Report (M-Team) are acceptable.  To ensure auxiliary aids are available to meet students' and prospective students' needs, students must contact Disability Support Services as soon as possible, but no later than ten (10) calendar days prior to the first day the service is needed.

Students in need of specialized personal care such as toileting, feeding, wheelchair pushing, and medicating will be expected to have these needs provided by an agent or agency other than Nicolet Area Technical College.

Types of Reasonable Accommodations

1. Reasonable accommodations at the College can include but are not limited to any or all of the following:  barrier-free design of facilities, academic modifications (reduced course loads, additional time to complete assignments/examinations, course substitutions), examination auxiliary services (interpreters, note takers, tutors, scribes, readers), access technology (large print, audible and/or Braille output devices), and alternative scheduling at various times and locations.

2. Designated faculty and staff in Disability Support Services are responsible for evaluating the type and amount of accommodations required for students with disabilities.  Referrals to Disability Support Services can be made by an instructor or through student self-referral after students have been admitted/registered in classes.  Disability Support Services staff will meet with the instructor and student to determine what services/accommodations will be provided.  All reasonable accommodations are provided at no charge to the student.

THE APPEAL PROCESS

If a student/prospective student disagrees with a decision regarding an accommodation request, he/she may appeal the decision to the ADA/504 Coordinator or designee within thirty (30) calendar days using the following procedure:

The appeal must be in writing, stating the reason for the disagreement.  This written appeal should be submitted to:

ADA/504 Coordinator-Students
Nicolet Area Technical College
PO Box 518
Rhinelander, WI 54501
Ph. 715-365-4448
Direct TTY/TDD calls to (715) 365-4560 through 711 relay or 1-800-947-3529
Email: ltushoski@nicoletcollege.edu

During the appeal process, reasonable accommodations will continue to be provided.

1. The ADA/504 Coordinator will re-evaluate the decision, considering any additional information or statements supplied by the prospective student or student (including any additional information from remedial or vocational rehabilitation experts).  It is the student's responsibility to provide all necessary documentation at his/her own expense in support of their appeal.

2. The ADA/504 Coordinator may elect to use the assistance of an appointed accommodations committee which may consult with outside agencies in the appeal process, taking care to provide confidentiality for the student/prospective student.

3. The ADA/504 Accommodations Committee will discuss its findings and make recommendations for appropriate action to the ADA/504 Coordinator, and he/she will make the final appeal decision.

4. The student/prospective student will be notified of the final decision in writing within thirty (30) calendar days after the appeal is filed.

By filing this appeal, the student/prospective student does not give up his/her right to pursue other appeal processes within the College or through outside regulatory agencies.

Title: Assistance for Employees with Disabilities
Number: BP 4.06
Adopted: March 1995
Reviewed: September 2020
Revised: October 2018

Nicolet Area Technical College is a postsecondary, technical and liberal arts/transfer institution engaged in the education and training of students in a variety of academic and technical fields.  Physical facilities have been modified to allow access for individuals with disabilities.  Nicolet Area Technical College provides reasonable and appropriate accommodations for individuals with disabilities.  Students in need of accommodations for a disability should refer to BP 4.05 Access for Students with Disabilities.

Employees who are in need of specialized personal care such as toileting, feeding, wheelchair pushing, and medicating will be expected to have these needs provided by an agent or agency other than Nicolet Area Technical College.

Employees in need of assistance or accommodations for disabilities should contact the Vice President of Finance and Administration.  Nicolet Area Technical College engages in dialogue with employees who may need accommodations, and the College will attempt to accommodate employees’ needs.  Employees requesting accommodation may be asked to provide the College with specific documentation of their disability.  Reports from medical doctors, licensed psychologists, the Division of Vocational Rehabilitation, or any licensed/certified social service agency are acceptable.

THE APPEAL PROCESS

If an employee disagrees with a decision regarding an accommodation request, he/she may appeal the decision to the ADA/504 Coordinator or designee within thirty (30) calendar days using the following procedure:

The appeal must be in writing, stating the reason for the disagreement.  This written appeal should be submitted to:

ADA/504 Coordinator-Employees
Nicolet Area Technical College
P.O. Box 518 Rhinelander, WI 54501
Phone: (715) 365-4550
Direct TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529
Fax: (715) 365-4460
Email: KAschenbrenner@nicoletcollege.edu

During the appeal process, the recommended accommodations will continue to be provided.

1. The ADA/504 Coordinator will re-evaluate the decision, considering any additional information or statements supplied by the employee (including any additional information from remedial or vocational rehabilitation experts).  It is the employee's responsibility to provide all necessary documentation at his/her own expense in support of the appeal.
2. The ADA/504 Coordinator may elect to use the assistance of an accommodations committee.  The ADA/504 Accommodations Committee may consult with outside agencies in the appeal process, taking care to provide confidentiality for the employee.
3. The ADA/504 Accommodations Committee will discuss its findings and make recommendations for appropriate action to the ADA/504 Coordinator, and he/she will make the final appeal decision.
4. The employee will be notified of the final decision in writing within thirty (30) calendar days after the appeal is filed.

By filing this appeal, the employee does not give up his/her right to pursue other appeal processes within the College or through outside regulatory agencies.

Title: Discrimination Complaint Resolution
Number: BP 4.07
Adopted: March 1995
Reviewed: September 2020
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 Vice President of Finance & Administration (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: Vice President of Finance and Administration

Nicolet Area Technical College
P.O. Box 518 Rhinelander, WI 54501 Phone: (715) 365-4550
Direct TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529
Fax:  (715) 365-4460
Email: KAschenbrenner@nicoletcollege.edu

If the discrimination complaint involves a member of the Vice President of Administration, 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 Vice President of Finance and Administration 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 Vice President of Administration 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 Vice President of Administration. 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.

Title: Accommodation of Student Religious Beliefs
Number: BP 4.08
Adopted: March 1995
Reviewed: September 2015
Revised: November 2015

Nicolet Area Technical College directs the College to reasonably accommodate a student's sincerely held religious beliefs with regard to examinations and other academic requirements.  It is the responsibility of all Nicolet employees to be sensitive to and accommodate the religious beliefs of students.

The Executive Vice President of Academic and Student Affairs will be responsible for notifying all students, parents or guardians of minor students, and instructors of the existence of this policy.  New students will be notified of this policy by information in the Nicolet College catalog or on the Nicolet College website.

Students must notify instructors of a potential conflict with scheduling an examination or other academic requirement relating to their sincerely held religious beliefs at least five (5) days in advance of anticipated absence by sending or handing an instructor a confidential letter outlining the potential conflict.  Instructors who receive such information regarding potential conflicts shall permit a student to make up an examination and/or other academic requirement at a different time or by alternate means without any prejudicial effect upon the student. The student must fulfill the missed academic requirement within thirty (30) days of the date which the potential conflict with religious beliefs occurred.

PROCEDURE

Students who allege they have not been reasonably accommodated concerning their religious beliefs may file a complaint following the procedure in the Discrimination Complaint Resolution Policy.