2014-15 TMCC College Catalog - page 366

F-366 2014-2015
TMCCCollegeCatalog
F–Appendices
ThePrimaryOfficer shall interview theperson
who is alleged tohave committeddiscrimination.
At that time, thePrimaryOfficer shall notify this
personof the right tohave an advisor for assistance,
support, and advice and shall postpone the initial
interviewupon the request of theperson to identify
an advisor. During that interview, thePrimary
Officer shall ask (1) for a response to all information
providedby the complainant; (2) for thenames
and contact information for allwitnesses and
documentary evidence including electronicmail
and informationmaintained electronically; (3) a
response to theproposed resolution; (4) anyother
relevant facts.
ThePrimaryOfficer shall interviewwitnesses
suggestedby either party andgather all
documentary evidence. ThePrimaryOfficerneed
not interviewwitnesseswithonly information
tangential to the complaint orwhowill provide
repetitive information. ThePrimaryOfficermay
consultwith the general counsel, the chief human
resources officer, the student conduct officer, and
anyother facultyor staffduring the investigation.
The investigationmust be completedwithin45
days of thedate the complaintwas receivedby the
PrimaryOfficer unless thePrimaryOfficernotifies
the complainant and the subject of the complaint
that extraordinary circumstances require additional
timeby email or inwriting. Suchnoticemust be
givenwithin45days of the complaint being received
and state thedatebywhich the investigation shall be
complete.
Upon completionof the investigation, thePrimary
Officer shall submit awritten report to the
President. The report shallmakefindings based
upon thepreponderanceof the evidence. Also, the
PrimaryOfficer shall include a recommendation
regarding resolutionof thematter. The
recommendation is advisoryonly.
If a report of conductwhichmaybediscrimination
is receivedby thePrimaryOfficer andno complaint
is filed, thePrimaryOfficer shall investigate all
of the facts and circumstances regarding that
report. ThePrimaryOfficer shall submit awritten
report to thePresident summarizing the facts and
circumstances andmaking recommendations
appropriate to the circumstances to thePresident.
ThePresident shall accept or reject the
recommendationmadeby thePrimaryOfficer
within10 collegeworkingdays of receipt of the
written report. If disciplinary action is required
to implement the courseof actionbeingpursued
by thePresident¸ then theprocedures ofNSHE
Code, Title 2, Chapter 6, orChapter 10, orNRS
andNACChapter 284 shall be initiated. Within5
collegeworkingdays of thePresident’s rejectionor
acceptanceof the recommendation, thePresident
shall notify the complainant and theperson
accusedof discriminationof theoutcomeof the
investigation. That notice shall be either inwriting
or by email to the last knownmailingor email
address of theperson. In the caseof harassment
complaints, thenotice to the complainant shall
include any actionwhichdirectly relates to the
victimof harassment andhis or her safety.
APPENDIXN
NSHEPolicyAgainstSexualHarassment
andComplaintProcedureBoardofRegents
Handbook
Title 4, Chapter 8, Section13NSHEMay20031
1. SexualHarassment is Illegal underFederal and
StateLaw.
TheNevadaSystemofHigherEducation (NSHE) is
committed toprovidingaplaceofworkand learning
freeof sexual harassment.Where sexual harassment
is found tohaveoccurred, theNSHEwill act to stop
theharassment, toprevent its recurrence, and to
discipline those responsible inaccordancewith the
NSHECodeor, in the caseof classified employees, the
NevadaAdministrativeCode. Sexual harassment is a
formof discrimination; it is illegal.
No employeeor student, either in theworkplace
or in the academic environment, shouldbe subject
tounwelcomeverbal orphysical conduct that is
sexual innature. Sexual harassment doesnot refer
tooccasional compliments of a sociallyacceptable
nature. It refers tobehavior of a sexual nature that
isnotwelcome, that ispersonallyoffensive, and that
interfereswithperformance.
It is expected that students, facultyand staffwill treat
one anotherwith respect.
2. PolicyApplicabilityandSanctions.
All students, faculty, staff, andothermembers of
the campus communityare subject to thispolicy.
Individualswhoviolate thispolicyare subject to
disciplineup toand including terminationand/
or expulsion, inaccordancewith theNSHECode
or, in the caseof classified employees, theNevada
AdministrativeCode.Other, lesser sanctionsmaybe
imposed, dependingon the circumstances.
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