GENERAL EMPLOYMENT AND WORKPLACE ISSUES

Complaints

Colby Community College is committed to maintaining a working and learning environment free from bullying (including cyberbullying), discrimination, insult, intimidation, harassment, and threats and acts of violence either owing or not owing to race, color, gender, age, disability, national origin or ancestry, sexual orientation, or religion. Any incident of discrimination, harassment, or bullying should promptly be reported to an employee’s immediate supervisor or the supervising vice president if the immediate supervisor is the subject of the complaint.  Responsibility for the investigation and determination of corrective action rests with the supervising vice president in consultation with the President.  CCC will not condone bullying, violent, hostile, aggressive, or intimidating conduct, or any other negative behavior that impairs another’s ability to perform their responsibilities at the College.  Retaliation against a complainant, witness, or anyone with information is strictly prohibited. Any employee who engages in any of the aforementioned behaviors is subject to disciplinary action, which may include termination. 

All complaints should be resolved at the lowest administrative level possible. Whenever a complaint is made directly to the Board of Trustees as a whole or to a trustee as an individual, it will be referred to the President for investigation and possible resolution.  

Discrimination against any individual on the basis of race, color, gender, age, disability, national origin or ancestry, sexual orientation, or religion in the admission or access to, or treatment or employment in, the college’s programs and activities is prohibited. Any harassment of an individual is prohibited. The Vice President of Student Affairs has been designated to coordinate compliance with non-discrimination requirements contained in Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Information concerning the provisions of these acts, and the rights provided therein, are available from the office of the Vice President of Student Affairs.  

Complaints against the President should be addressed to the Board of Trustees. Complaints by a student will be addressed to the Vice President of Student Affairs. Any employee who receives a complaint of discrimination, harassment, or bullying from a student shall inform the student of their obligation to report the complaint to the supervising Vice President. If the supervising Vice President is the alleged harasser or bully, the complaint will be reported to the President’s office. Complaints by any other person alleging discrimination, bullying, or harassment should be addressed to the supervising Vice President. Colby Community College employee complaints will be resolved through the following steps:

Informal Complaint Procedure. The immediate supervisor will attempt to resolve complaints of discrimination, harassment, or bullying in an informal manner. Any employee who receives a complaint of discrimination, harassment, or bullying will inform the individual of their obligation to report the complaint to the supervising Vice President. If the matter is resolved to the satisfaction of the complainant, the immediate supervisor will document the complaint and provide a proposed resolution and forward the document to the supervising Vice President. If the matter is not resolved to the satisfaction of the complainant at the immediate supervisor level, the complainant may initiate a formal complaint.

Formal Complaint Procedure.  A formal complaint must be filed in writing using the Complaint Form. name and contact information of the person filing the complaint. The complaint must briefly describe the alleged misconduct. If an individual does not wish to file a written complaint and the matter has not been adequately resolved, the supervising Vice President may initiate the complaint. Forms for filing written complaints are available from the President’s office, online and in the policy manual. The President will provide all written, formal complaints to the Board of Trustees. 

A complaint must be filed as soon as possible after the alleged misconduct occurs, but not later than 90 days after the complainant becomes exposed to the alleged misconduct, unless the misconduct is ongoing.  

At the discretion of the supervising Vice President, and the approval of the President, an investigation may follow the filing of the formal complaint. If the complaint is against the President, the Board of Trustees will appoint an investigating officer. If the complaint is against the supervising Vice President, the President or his designee will conduct the investigation. In other instances, the investigation will be conducted by the supervising Vice President, or other individual appointed by the President. The investigation may include, but is not limited to, interviewing relevant individuals, watching security video, examining personnel files, evaluations, and other relevant documents. The complainant and the person against whom the complaint is made will be afforded an opportunity to submit evidence relevant to the complaint.  

A written determination of the complaint’s validity and a resolution shall be issued by the investigator. A copy shall be forwarded to the complainant within 30 working days of filing the complaint, unless an extension is negotiated with the complainant. 

Records relating to complaints filed and their resolution shall be maintained in a confidential manner by the Office of Human Resources.

The complainant and the accused may appeal the complaint resolution. Appeals will be heard by the President or by the Board of Trustees, if the complaint involves the President. The request to appeal the resolution must be made within three (3) working days after the date of the written resolution. The written request must be addressed with the President. The President will review the evidence and the proposed resolution, and will afford all affected parties an opportunity to submit further evidence within five days after a notice to appeal is filed. After the President's review, he/she will issue a written determination of the findings within five working days after the appeal is filed.

The use of this complaint procedure does not invalidate the pursuit of other remedies including the right to file a complaint with the Office of Civil Rights of the U. S. Department of Education, the Equal Employment Opportunity Commission, or the Kansas Human Rights Commission.  

The President will report any unresolved personnel complaints to the Board of Trustees on or before the
next regularly scheduled board meeting. With regard to any complaint, the President shall take appropriate steps to ensure the safety and security of students and personnel.

 

[Revised April 2014; July 2020; January 2022]