EMCC Catalog 2022-2023 
    
    May 03, 2024  
EMCC Catalog 2022-2023 [ARCHIVED CATALOG]

Non-Discrimination Policy – Anti-Harassment Policy – Grievance Procedures



General Statement of Policy

East Mississippi Community is committed to providing all students and adults with a safe and supportive school environment. Members of the college community are expected to treat each other with mutual respect.

It is hereby the policy of East Mississippi Community to oppose and prohibit discrimination based on age, race, color, religion, national origin, marital status, sex or disability. Harassment is also a form of unlawful discrimination as well as disrespectful behavior, which will not be tolerated. Any discrimination or harassment of a member of the college community by another member of the college community is a violation of this policy.

East Mississippi Community College shall investigate all complaints of discrimination and/or harassment; formal or informal, verbal or written, and to discipline or take other appropriate action against any member of the school community who is found to have violated this policy.

Procedure to file a grievance based on discrimination or harassment is as follows:

Complaints should be addressed to the Director of Human Resources/Payroll, P.O. Box 158, Scooba, MS 39358, telephone (662) 476-5000, who has been designated to coordinate such compliance efforts.

  1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
  2. A complaint must be filed within ten (10) working days after complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis.)
  3. An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be conducted by a person designated by the President. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
  4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the person so designated in No.3 and a copy forwarded to the complainant no later than twenty (20) working days after its filing.
  5. The coordinator shall maintain the files and records of East Mississippi Community College relating to the complaints filed.
  6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration must be made within five (5) working days to the coordinator who will remand the complaint to a grievance committee made up of five (5) faculty/staff members and is assigned at the beginning of the year by the Campus Vice President.
  7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as the filing of an ADA (Americans with Disabilities Act) complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
  8. These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that East Mississippi Community College complies with and implements the appropriate regulations.

Retaliation

It is a separate and distinct violation of this policy for any member of East Mississippi Community College’s community of faculty, staff and students to retaliate against any person who reports alleged discrimination or harassment. Further it is also a violation of this policy to retaliate against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to such discrimination or harassment. It is possible to have violated this anti-retaliation provision even if the underlying complaint of discrimination or harassment is not found to be a violation of this policy. Retaliation includes, but is not limited to any form of intimidation or reprisal and may be addressed through application of the same reporting, investigation, and enforcement procedures as for discrimination and/or harassment. In addition, a person who knowingly makes a false report may be subject to the same action that East Mississippi Community may take against any other individual who violated this policy. The term false report refers only to those made in bad faith and does not include a complaint that could not be corroborated or which did not rise to the level of discrimination or unlawful harassment.

Consequences

Any college employee or student who is found to have violated the discrimination, harassment, or retaliation policy may be subject to action including, but not limited to, warning, remedial training, education or counseling, suspension, expulsion, transfer, termination or discharge.

Reporting

Any college employee, who observes, overhears or otherwise witnesses discrimination or harassment, which may be unlawful, or to whom such discrimination or harassment is reported, must take prompt and appropriate action to prevent its reoccurrence.