WAC 132E-120-385   Illegal discrimination and sexual harassment complaint procedures.  (1) Informal complaints.

     Discrimination and/or sexual harassment may take many forms and the perpetrator may not understand that his/her behavior is being perceived as discriminatory or that it constitutes sexual harassment. Therefore, any student who feels that she/he is being subjected to discriminatory behavior and/or sexual harassment is encouraged to discuss the offensive behavior directly with the person involved. If direct communication is either impractical or feels too intimidating to the complainant, there are others on campus who can either intercede or assist with this conversation. Students may contact any member of the campus community who they trust that may assist the student and/or refer the student to the appropriate resource. Generally, the offices/centers that can be of the most assistance in terms of advice, support, and referral regarding these matters are the offices of the vice-president for student services, and vice-president for human resources, the office of the vice-president for instruction and the offices of the academic deans, diversity and equity center, counseling/advising and career center, center for disability services, Rainier learning center, student activities office, student support services program, and campus safety and security.

     If the situation cannot be settled informally, the complainant may file a formal internal complaint. Students are not required to utilize informal procedures, but may go directly to the following formal internal complaint procedure.

     (2) Formal internal complaints.

     (a) Without feeling constrained by specific definitions of discrimination, or by reporting relationships, written complaints concerning allegations of discrimination may be directed to the vice-president for student services or the vice-president of human resources. The two vice-presidents will confer and determine who will act as the investigator on the complaint.

     (b) Complaints will be held in confidence to the extent possible, however, discrimination is an illegal activity requiring an active response from the college. Parties to the complaint will become directly involved, and any subsequent legal actions may result in discovery or public disclosure requests. Complainants have the right to bring an advocate to all subsequent meetings with college officials.

     (c) The investigator shall assure that both the person making a formal complaint, and the accused, have been provided copies of the Sexual Harassment and/or the Equal Opportunity/Anti-Discrimination policies and this procedure.

     (d) The investigator will determine the extent of the investigation. Since discrimination represents an illegal activity, the college may elect to investigate even those cases where the complainant has withdrawn the complaint, or otherwise refuses to cooperate in the investigation.

     (e) A draft or preliminary report shall be produced at the end of the investigation and copies provided to the accused, and to the complainant. The two parties shall each have ten calendar days to prepare a response to the report before any action is taken. Once responses have been received, the investigator shall, within five days, produce a final report. Copies will be distributed to the complainant, the accused, and the college president.

     (f) The investigator shall make a recommendation for action based on the final report to the president within ten days of its completion.

     (g) If the complainant, the accused, and the investigator agree, informal meetings may be held in lieu of an investigation. Any such informal meetings shall occur with the investigator present, who will subsequently make a written recommendation for action on the complaint to the president within ten days following the last meeting regarding the complaint.

     (h) The decision regarding what action to take on the complaint, including appropriate corrective or discipline measures, shall be made by the president in conjunction with the vice-president of human resources, and the vice-president for student services.

     (i) If any disciplinary action is imposed, the disciplined student may appeal the action through established grievance or appeal channels.

     (3) External complaints.

     Inquiries or appeals beyond the institutional level may be filed with the following agencies, or any other agency with the jurisdiction to hear such complaints:



     Equal Employment Opportunity Commission (a federal agency)

     909 First Avenue

     Seattle, WA 98104

     800-669-4000



     Human Rights Commission (a state agency)

     1511 Third Avenue

     Seattle, WA 98101

     206-464-6500



     Department of Education (a federal agency)

     Office for Civil Rights

     915 - 2nd Ave., Room 3310

     Seattle, WA 98174

     206-220-7900



[Statutory Authority: Chapters 28B.50 and 28B.10 RCW. 07-11-165, § 132E-120-385, filed 5/23/07, effective 6/23/07.]