Rogue Community College Board of Education

AP 3435 Discrimination and Harassment Complaints and Investigations

References

Title VII of the Civil Rights Act of 1964; 42 U.S. Code Sections 2000e et seq.; Equal Employment Opportunity Commission (EEOC) Notice 915.002 (dated June 18, 1999);
ORS 659A;
ORS 659.850 to 659.860, OAR Chapter 715, Div 11 (Student complaints); Chapter 451, Oregon 2019 Laws (Sexual harassment policies);
ORS 243;
Oregon HB 3415;
Age Discrimination in Employment Act of 1967 (ADEA); Americans with Disabilities Act of 1990 (ADA);
Section 504 of the Rehabilitation Act of 1973; 29 U.S. Code Section 794; Age Discrimination Act of 1975; 42 U.S. Code Sections 6101-6107;
Title II of the Americans with Disabilities Act, 28 Code of Federal Regulations Part 35;
BP 3433 Prohibition of Sexual Harassment Under Title IX;
AP 3433 Prohibition of Sexual Harassment Under Title IX;
AP 3432 Workplace Harassment;
AP 3434 Responding to Sexual Harassment Under Title IX

For sexual harassment under Title IX, Complainants must proceed under BP 3433 Prohibition of Sexual Harassment Under Title IX, AP 3433 Prohibition of Sexual Harassment Under Title IX, and AP 3434 Responding to Sexual Harassment Under Title IX. For other forms of  discrimination and harassment, Complainants should use this procedure. Also, see AP 3432 related to workplace harassment.

Complaints: Any person who has suffered harassment, discrimination, or retaliation may file a complaint of harassment, discrimination, or retaliation. Complainants are encouraged to report harassment before it becomes severe or pervasive. Rogue Community College (“RCC”) strives to stop harassment before it rises to the level of a violation of state or federal law.

Jurisdiction: RCC is required under Oregon law to respond to any complaint received by the college, regardless of whether the incident occurred on the campus or elsewhere, that relates to: (A) Sexual harassment; (B) Sexual assault; (C) Domestic violence; (D) Dating violence; or (E) Stalking.

Retaliation: Persons who make complaints of harassment or discrimination or provide information related to such complaints will be protected against retaliation. RCC will take all reasonable steps to protect the Complainant from further harassment or discrimination.

Employment-Related Complaints: The Lead Title IX Coordinator or Deputy Title IX Coordinator is the person charged with receiving complaints of discrimination or harassment, and coordinating their investigation.  The actual investigation of complaints may be assigned to other trained RCC staff or to outside persons or organizations under contract with RCC.  At a minimum, the investigation will be assigned to other RCC staff or outside investigators whenever the Lead Title IX Coordinator or Deputy Title IX Coordinator is named in the complaint or implicated by the allegations in the complaint.

Who May File a Complaint: Any student, employee, or third party who believes they have been discriminated against or harassed by a student, employee, or third party in violation of this procedure and the related policy.

Where to File a Complaint: Any student, employee, or third party who believes they have been discriminated against or harassed in violation of these policy and procedures may make a complaint orally or in writing to any of the following people:

A Complainant may file a complaint against RCC with any of the following:

• The Lead Title IX Coordinator or Deputy Title IX Coordinator
• The Chief Human Resources Officer (CHRO)
• Students may discuss their report confidentially with an RCC Counselor who is generally not obligated to disclose the information
• Employees may file a report with their supervisor

The following person has been designated to handle inquiries regarding the non- discrimination policies and serves as the ADA/504 Compliance Officer:

Vice President of People, Culture, & Safety and CHRO
Jamee Harrington
541-956-7017
[email protected]
Redwood Campus - Hood Building

The following persons are responsible for coordinating incidents and complaints related to sexual harassment and gender discrimination:

Lead Title IX Coordinator
Lucia Bartscher
Diversity, Equity & Inclusion Officer
541-956-7124
[email protected]
Redwood Campus, Looking Glass Building
Table Rock Campus, TRC-A131

Deputy Title IX Coordinator
Joseph Maurer
Director of Student Engagement
541-956-7238
[email protected]
Redwood Campus – Student Center Commons

Deputy Title IX Coordinator
Sean Taggart
Director of Risk Management
541-956-7061
[email protected]
Redwood Campus - A Building

Complainants filing employment-related complaints shall be notified that they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or through the Oregon Bureau of Labor and Industries (BOLI) complaint resolution process.

An employee or claimant must provide advance notice of a claim against the employer as required by the Oregon Tort Claims Act (ORS 30.275).
Any RCC employee who receives a harassment, discrimination, or retaliation complaint shall notify the CHRO immediately.

Filing a Timely Complaint: Since failure to report harassment and discrimination impedes RCC’s ability to stop the behavior, RCC strongly encourages anyone who believes they are being harassed or discriminated against, to file a complaint. RCC also strongly encourages the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes RCC’s ability to investigate and remediate.

All supervisors and managers have a mandatory duty to report incidents of harassment and discrimination; the existence of a hostile, offensive or intimidating work environment, and acts of retaliation.

RCC will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student’s or employee’s ability to participate in or benefit from the school’s programs or activities.

Communicating that the Conduct is Unwelcome: RCC encourages, but does not require, students and employees to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste or inappropriate.

Intake and Processing of the Complaint: Upon receiving notification of a harassment or discrimination complaint, the Lead Title IX Coordinator or their designee shall:

• Offer options to informally resolve the charges, including but not limited to mediation, rearrangement of work or academic schedules, obtaining apologies, providing informal counseling, training, etc.
• Undertake efforts to informally resolve the charges, including but not limited to mediation, rearrangement of work or academic schedules, obtaining apologies, providing informal counseling, training, etc.
• Advise all parties that they need not participate in an informal resolution of the complaint, as described above, and they have the right to end the informal resolution process at any time.
• Advise student Complainants that they may file a complaint with the Office for Civil Rights of the U.S. Department of Education and employee Complainants may file a complaint with the Oregon Bureau of Labor and Industries (BOLI) or the Equal Employment Opportunity Commission (EEOC). All Complainants should be advised that they have a right to file a complaint with local law enforcement, if the act complained of is also a criminal act. RCC must investigate even if the complainant files a complaint with local law enforcement. In addition, RCC should ensure that Complainants are aware of any available resources, such as health and mental health services.
• Take interim steps to protect a Complainant from coming into contact with the Respondent, especially if the Complainant is a victim of sexual violence. The CHRO or designee should notify the Complainant of their options to avoid contact with the Respondent. For instance, RCC may prohibit the Respondent from having any contact with the Complainant pending the results of the investigation. When taking steps to separate the Complainant and the Respondent, RCC shall minimize the burden on the Complainant.

Investigation of the Complaint: RCC shall conduct a prompt, thorough, and impartial investigation into every complaint and claim of harassment or discrimination. No claim of workplace or academic harassment or discrimination shall remain unexamined. This includes complaints involving activities that occur off campus and in connection with all the academic, educational, extracurricular, athletic, and other programs of RCC, whether those programs take place in RCC’s facilities, in an RCC controlled vehicle, or at a class or training program sponsored by RCC at another location. RCC shall promptly investigate complaints of harassment or discrimination that occur off campus if the alleged conduct creates a hostile environment on campus.

RCC will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation. When determining whether to maintain confidentiality, RCC may weigh the request for confidentiality against the seriousness of the alleged harassment, the Complainant’s age, whether there have been other harassment complaints about the same individual, and the Respondent’s rights to receive information about the allegations if the information is maintained by RCC as an “education record” under the Family Educational Rights and Privacy Act (FERPA), 20 U.S. Code Section 1232g; 34 Code Federal Regulations Part 99.15. RCC will inform the Complainant if it cannot maintain confidentiality.

Investigation Steps: RCC will fairly and objectively investigate harassment and discrimination complaints. Employees designated to serve as Investigators under this policy shall have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how RCC’s grievance procedures operate. The Investigator cannot have any real or perceived conflicts of interest and must be able to investigate the allegations impartially.

Investigators will use the following steps: interviewing the Complainant(s); interviewing the Respondent(s); identifying and interviewing witnesses and reviewing evidence identified by each Party; identifying and interviewing any other witnesses, if needed; reminding all individuals interviewed of RCC’s no-retaliation policy; considering whether any involved person should be removed from the campus pending completion of the investigation; reviewing personnel/academic/security files of all involved Parties; and reaching a conclusion as to the allegations. When RCC evaluates the complaint, it shall do so using a preponderance of the evidence standard. Thus, after considering all the evidence gathered, RCC will decide whether it is more likely than not that discrimination or harassment has occurred.

If there are conflicting versions of relevant events, RCC’s Investigator will weigh each Party’s credibility. Factors that will be considered in determining credibility include: inherent plausibility; demeanor; motive to falsify; corroboration; and past record.

Timeline for Completion: RCC will undertake its investigation promptly and swiftly as possible. To that end, the Investigator shall complete the above steps, and prepare a written report within 60 days of RCC receiving the complaint.

Cooperation Encouraged: All employees will cooperate with an RCC investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of RCC to investigate thoroughly and respond effectively. However, lack of cooperation by a Complainant or witnesses does not relieve RCC of its obligation to investigate. RCC will conduct an investigation if it is discovered that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed.

Written Report: The results of the investigation of a complaint shall be set forth in a written report that will include at least all of the following information:

• A description of the circumstances giving rise to the complaint;
• A description of the procedural steps taken during the investigation;
• A summary of the testimony provided by each Party and any witnesses the Investigator interviewed;
• An analysis of relevant evidence collected during the course of the investigation including a list of relevant documents; and
• Any other information deemed appropriate by RCC.

Reaching a Determination:

Once the designated Decision-Maker receives the investigative report, they will make a determination as to whether harassment or discrimination occurred. The following people may make determinations of responsibility following these procedures:

• The CHRO
• The Lead Title IX Coordinator
• The Deputy Title IX Coordinator/Director of Risk Management
• The Deputy Title IX Coordinator/Director of Student Engagement
• In particular circumstances outlined above, a third-party firm (hired for the purpose of investigating cases subject to this procedure) or College President, or designee

Discipline and Corrective Action:

If harassment, discrimination or retaliation occurred in violation of the policy or procedure, RCC shall take disciplinary action against the Respondent and any other remedial action it determines to be appropriate consistent with State and federal law. The action will be prompt, effective, and commensurate with the severity of the conduct. Remedies for the Complainant might include, but are not limited to:

• Providing an escort for the Complainant between the parking lot and their workplace, classroom, office, or other location on campus;
• Ensuring that the Complainant and Respondent do not attend the same classes or work in the same area;
• Preventing offending third parties from entering campus;
• Providing counseling services or a referral to counseling services;
• Providing a referral to medical services;
• Providing academic support services, such as tutoring;
• arranging for a student-Complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant’s academic record; and
• Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant being disciplined.

If RCC imposes discipline, the nature of the discipline will not be communicated to the Complainant. However, RCC may disclose information about the sanction imposed on an individual who was found to have engaged in harassment when the sanction directly relates to the Complainant. For example, RCC may inform the Complainant that the harasser must stay away from the Complainant.

In the case of a crime of violence or a non-forcible sex offense, and the Respondent is a student, the final results of any disciplinary proceeding conducted by RCC against the Respondent may be disclosed to the Complainant, if RCC determines as a result of the disciplinary proceedings, the student violated RCC’s rules or policies. The final results of any disciplinary proceeding include only the name of the student, the violation committed, and any sanction imposed by the institution on that student.

Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies and procedures, including the provisions of any applicable collective bargaining agreement.

RCC will ensure that Complainants and witnesses know how to report any subsequent problems, and the Title IX Coordinator or designee should follow-up with Complainants to determine whether any retaliation or new incidents of harassment have occurred.

If RCC cannot take disciplinary action against the Respondent because the Complainant refuses to participate in the investigation, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence.

Appeals

If RCC imposes discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the procedure for appealing a disciplinary decision.

If the Complainant is not satisfied with the results of the administrative determination, they may, within 15 days, submit a written appeal to the CHRO, or the Dean of Student Success. The CHRO or Dean of Student Success shall review the original complaint, the investigative report, the administrative decision and the appeal. The CHRO or Dean of Student Success shall issue a final RCC decision in the matter within 45 days after receiving the appeal. A copy of the decision rendered by the CHRO or Dean of Student Success shall be forwarded to the Complainant. The Respondent shall also be notified of their right to appeal this decision.

File Retention

RCC will retain on file for a period of at least seven years after closing the case copies of:

• The original complaint;
• The investigatory report;
• The summary of the report if one is prepared;
• The notice provided to the Parties, of RCC’s administrative determination and the right to appeal;
• Any appeal; and
• RCC’s final decision.

Dissemination of Policy and Procedures

RCC’s board policy and administrative procedures related to discrimination and harassment will include information that specifically addresses sexual violence. RCC’s board policy and administrative procedures will be provided to all students and employees, and will be available at the Human Resources Office, the Student Compliance Office, the Risk Management Office, and posted on RCC’s website.

When hired, employees are required to sign that they have received the policy and procedures, and the signed acknowledgment of receipt is placed in each employee’s personnel file. In addition, these policies and procedures are incorporated into RCC’s course catalogs and orientation materials for new students.

Training

RCC will provide training to all employees. This includes counselors, faculty, health personnel, campus security, coaches, and all staff who regularly interact with students. Training for academic staff should emphasize environmental harassment in the classroom.  RCC will also provide training to students who lead student organizations. RCCshould provide copies of the sexual harassment policies and training to any RCC law enforcement unit employees regarding the grievance procedures and any other procedures used for investigating reports of sexual violence.

In years in which a substantive policy or procedural change has occurred, all RCC employees will attend a training update or receive a copy of the revised policies and procedures.

Participants in training programs will be required to sign a statement that they have either understood the policies and procedures, their responsibilities, and their own and RCC’s potential liability, or that they did not understand the policy and desire further training.

Education and Prevention for Students

In order to take proactive measures to prevent sexual harassment and violence toward students, RCC will provide preventive education programs and make victim resources, including comprehensive victim services, available through community referrals. RCC will include such programs in their orientation programs for new students, and in training for student athletes and coaches. These programs will include discussion of what constitutes sexual harassment and sexual violence, RCC’s policies and disciplinary procedures, and the consequences of violating these policies. A training program or informational services will be made available to all students at least once annually.

The education programs will also include information aimed at encouraging students to report incidents of sexual violence to the appropriate RCC and law enforcement authorities. Since victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of RCC or campus rules were involved, RCC will inform students that the primary concern is for student safety and that use of alcohol or drugs never makes the victim at fault for sexual violence. RCC will grant amnesty for other rule violations (unless there is a health or safety concern) that are reported as part of a report under this procedure.

Rescinds Procedure Number: AP-047b, AP-064, AP-101

Approved: January 7, 2020

Revised: September 19, 2020; November 2, 2021; October 4, 2022; September 5, 2024; April 1, 2025 - Returned to pre-2024 Title IX Rule; February 10, 2026