Highline College Discrimination, Harassment, and Retaliation Procedure (4110)

Updated: March 12, 2021
Procedure Contact: Executive Director of Human Resources, EEO Coordinator

Discrimination, Harassment & Retaliation Procedure

Highline College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination and harassment based on an individual’s association or perceived association with protected classes as required by law. This responsibility extends to activity on campus, including student housing, at all college-sponsored events, and off campus when the behavior impacts the campus such that an individual’s employment, education, or access to college programs, activities, and opportunities are limited because of the behavior.

The following procedures are established to meet the requirements for implementing 4110: Discrimination, Harassment, and Retaliation Policy. This procedure applies to any member of the college community (faculty, student, staff, and administration) who engages in discrimination or misconduct. Any person can report alleged misconduct or discrimination, including faculty, students, staff, administration, guests, and visitors. All allegations of misconduct not involving harassment or discrimination will be addressed through the procedures elaborated in the respective student, faculty and employee handbooks or collective bargaining agreements.

All college employees, including faculty, staff, and student employees are required to report to their supervisors or the administrative heads of their organizations any complaints of discrimination, harassment or sexual harassment, and/or retaliation they receive. In addition, all college employees are encouraged to inform their supervisors or the administrative heads of their units of inappropriate, discriminatory, or retaliatory workplace behavior they observe. Campus counselors are not designated as responsible employees. Responsible employee may formally or informally make reports to the Executive Director of Human Resources (hereinafter “EEO coordinator”). The employee may contact the EO coordinator directly ((206) 592-3812 or hrstaff@highline.edu) or may file a report through the college’s Incident Reporting Form.

Any individual found to be in violation of the College’s Discrimination, Harassment, and Retaliation Policy may be subject to disciplinary action up to and including expulsion or dismissal from employment. Any employee, student, or visitor who is the subject of discrimination or misconduct should report the incident(s) to the EEO coordinator identified below. If the complaint is against that officer, the complainant should report the matter to the Director for the Office of the President.

This process involves a prompt preliminary inquiry to determine if there is reasonable cause to believe the nondiscrimination and sexual misconduct policy has been violated. If so, the college will initiate an investigation that is thorough, reliable, impartial, prompt and fair. This investigation determines whether the college’s nondiscrimination and sexual misconduct policy has been violated. If so, the college will promptly implement an effective remedy designed to end the discrimination, prevent its recurrence, and address its effects.

HOW TO FILE A COMPLAINT
Any employee, applicant, student or visitor of the College may file a complaint with the EEO Coordinator. If the complaint is against that Coordinator, the complainant should report the matter to the President’s office for referral to an alternate designee.
Complaints may be submitted in writing or verbally. The College encourages the timely reporting of any incidents of discrimination or harassment.

For complainants who wish to submit a written complaint about an employee, a formal complaint form is available online at Faculty and Staff Discrimination & Harassment Report.
Name: Summer Korst
Title: Executive Director of Human Resources
Title IX / EEO Coordinator
Office: Human Resources, Building 99, Room 200
Email: skorst@highline.edu
Phone: (206) 592-3812

Any person submitting a discrimination complaint shall be provided with a written copy of the College’s anti-discrimination policies and procedures.

CONFIDENTIALITY AND RIGHT TO PRIVACY
Highline College will seek to protect the privacy of the complainant to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as Highline College policies and procedures. Although Highline College will attempt to honor complainants’ requests for confidentiality, it cannot guarantee complete confidentiality. Determinations regarding how to handle requests for confidentiality will be made by the EEO Coordinator.

Confidentiality Requests and Sexual Violence Complaints. The EEO Coordinator will inform and obtain consent from the complainant before commencing an investigation into a sexual violence complaint. If a sexual violence complainant asks that their name not be revealed to the respondent or that the College not investigate the allegation, the EEO Coordinator will inform the complainant that maintaining confidentiality may limit the college’s ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that their name not be disclosed or that the College not investigate, the EEO Coordinator will determine whether the College can honor the request and at the same time maintain a safe and non-discriminatory environment for all members of the college community, including the complainant. Factors to be weighed during this determination may include, but are not limited to:

• the seriousness of the alleged sexual violence;

• the age of the complainant;

• whether the sexual violence was perpetrated with a weapon;

• whether the respondent has a history of committing acts of sexual violence or violence or has been the subject of other sexual violence complaints whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and

• whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).

If the College is unable to honor a complainant’s request for confidentiality, the EEO Coordinator will notify the complainant of the decision and ensure that complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.

If the College decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the EEO Coordinator will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.

INVESTIGATION PROCEDURE
Upon receiving a discrimination complaint, the College shall commence an impartial investigation. The EEO Coordinator shall be responsible for overseeing all investigations. Investigations may be conducted by the EEO Coordinator or their designee. If the investigation is assigned to someone other than the EEO Coordinator, the EEO Coordinator shall inform the complainant and respondent(s) of the appointment of an investigator.

Interim Measures. The EEO Coordinator may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of a summary suspension in compliance with the College’s student conduct code or an administrative leave of absence in compliance with the College’s employment policies and collective bargaining agreements.

Informal Dispute Resolution. Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

Investigation. Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. Complainant(s) and respondent(s) may request general updates about the status of the investigation; only limited information can be provided, such as interviews, document review, or report preparation are taking place.

The investigation shall be concluded within a reasonable time, normally ninety days unless there is good cause shown. Good cause includes, but is not limited to breaks in the academic calendar, unusual circumstances where employees are unable to work on campus, weather conditions, a natural disaster, or lack of participation from the Complainant or Respondent. If it appears completion of the investigation will take longer than ninety days, the EEO Coordinator will notify the parties, describe the reasons for the delay, and provide an estimated time for completing the investigation.

At the conclusion of the investigation, the investigator shall set forth their findings in writing. If the investigator is someone other than the EEO Coordinator, the investigator shall send a copy of the findings to the EEO Coordinator.

The EEO Coordinator will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings, subject to the following limitations. The student services administrator or appointing authority will review the findings and determine if there has been a policy violation.

The complainant shall be informed in writing of the findings only to the extent that such findings directly related to the complainant’s allegations. The complainant may be notified generally that the matter has been referred for disciplinary action. The respondent shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action. Both the complainant and the respondent are entitled to review the investigative findings subject to any FERPA confidentiality requirements. If a policy violation has occurred, then the college will take disciplinary action in accordance with collective bargaining agreements if applicable.

Final Decision/Reconsideration. Either the complainant or the respondent may seek reconsideration of the investigation findings. Requests for reconsideration shall be submitted in writing to the EEO Coordinator within seven (7) days of receiving the investigation report. Requests must specify which portion of the findings should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven (7) days, the findings become final. If a request for reconsideration is received, the EEO Coordinator shall respond within ten (10) days. The EEO Coordinator shall either deny the request or, if the EEO Coordinator determines that the request for reconsideration has merit, issue amended findings. Any amended findings are final and no further reconsideration is available.

PUBLICATION OF ANTI-DISCRIMINATION POLICIES AND PROCEDURES
The policies and procedures regarding complaints of discrimination and harassment shall be published and distributed as determined by the president or president’s designee. Any person who believes he or she has been subjected to discrimination in violation of College policy will be provided a copy of these policies and procedures.

LIMITS TO AUTHORITY
Nothing in this procedure shall prevent the College President or designee from taking immediate disciplinary action in accordance with Highline College policies and procedures, and federal, state, and municipal rules and regulations.

NON-RETALIATION, INTIMIDATION AND COERCION
Retaliation by, for or against any participant (including complainant, respondent, witness, EEO Coordinator, or investigator) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation or any resulting disciplinary proceedings is prohibited and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation should contact the EEO Coordinator immediately.

FILING A FALSE COMPLAINT OR FALSE STATEMENT
Any individual who knowingly files a false complaint under this policy, or who knowingly provides false information to or intentionally misleads college officials who are investigating a complaint, may be subject to disciplinary and/or corrective action. Such behavior on the part of the respondent may be subject to discipline and/or correction action in addition to the action under investigation.

CRIMINAL COMPLAINTS
Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:

Des Moines Police Department
21900 11th Ave. S. Des Moines, WA 98198
Email: police@desmoineswa.gov
Phone: Emergency: Call 911
Non-emergency: (206) 878-2121

Kent Policy Department
220 Fourth Ave. S.
Kent, WA 98032
Phone: Emergency: Call 911
Non-emergency: (253) 852-2121

The College will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution.

OTHER DISCRIMINATION COMPLAINT OPTIONS

• Equal Employment Opportunity Commission 909 First Avenue, Suite 400 Seattle, WA 98104-1061 www.eeoc.gov

• Washington State Human Rights Commission 1511 Third Avenue, Suite 921 Seattle, WA 98101 www.hum.wa.gov

• Office for Civil Rights U.S. Department of Education 915 Second Avenue Seattle, WA 98171-1099 www.ed.gov

RELEVANT LAW AND REGULATIONS
• 42 U.S.C. Sec. 2000e et seq.
• Title VI and VII of the Civil Rights Act of 1964
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967 (ADEA)
• Age Discrimination Act of 1975
• Americans with Disabilities Act of 1990 (ADA), as amended
• Section 504 of the Rehabilitation Act of 1973
• Title IX of the Educational Amendments of 1972
• Washington Law Against Discrimination (WLAD) chapter 49.60 RCW
• U.S. Department of Justice Executive Order 13160
• Violence Against Women Act (VAWA) Reauthorization 2013
• RCW 28B.10.842, 844; RCW 4.92.060-075
• Chapter RCW 28B.030 Gender Equity in Higher Education
• Chapter RCW 28B.112 Campus Sexual Violence
• Chapter 49.60 RCW
• Chapter 1321-125 WAC (Student Conduct Code)
• Washington State Human Rights Commission
• Equal Employment Opportunity Commission
• U.S. Department of Education’s Office for Civil Rights
• Highline College Association of Higher Education Collective Bargaining Agreement
• Washington Public Employees Association Collective Bargaining Agreement
• HC 4080: Equal Opportunity Employment Policy
• HC 4110: Discrimination, Harassment & Retaliation Policy
• HC 4140: Sexual Harassment Policy
• HC 4250: Reporting Crimes and Emergencies on Campus Policy

DISCRIMINATION/HARASSMENT/RETALIATION COMPLAINT FORM

This form is designed to assist you with filing a discrimination and/or harassment complaint. Please write clearly and focus on the alleged discriminatory and/or harassing conduct. The complaint should include as much information regarding the incident giving rise to the complaint as possible, including the location, date and time of the alleged incidents(s); the name of the individual or group whom the complaint is against, if known; a description of the incident(s); and the remedy sought.

Name filing the complaint: _______________________________ Date: _________________

Signature: ___________________________________ Date: ____________________

You may use the back side of this sheet if needed. Please return this form to the Title IX / EEO Coordinator.