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Harassment/Discrimination

The Madison Area Technical College District is in full compliance with Titles VI and VII of the 1964 Civil Rights Act (as amended), Title IX of the Educational Amendments Acts of 1972, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Carl D. Perkins Vocational Education Act, the Equal Pay Act of 1973, the Age Discrimination Acts of 1967 and 1975, the Civil Rights Restoration Act of 1987, the Wisconsin Fair Employment law, and other appropriate laws and executive orders and/or administrative directives and codes including the Office for Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Vocational Programs.

Equal opportunity, as required in Chapter 38 and the Wisconsin Fair Employment Law (Sec. 111.31-111.395, Wis. Stats.), is for all persons regardless of political affiliation, age, race, creed, color, handicap (disability), marital status, sex, national origin, ancestry, sexual orientation, arrest or conviction record, service in the armed forces, genetic testing and the use or nonuse of lawful products off the employers’ premises during nonworking hours.

Reasonable accommodations for persons with disabilities will be made to assure access to programs, services and employment. In addition, the district will ensure physical accessibility to programs, services and facilities. The district will also provide reasonable accommodation to employees for religious observances and practices.

Madison Area Technical College commits to providing all services to students in a nondiscriminatory manner, and an educational climate that is conducive to and supportive of cultural and ethnic diversity.

MATC's Commitment to Diversity

MATC’s response to the changing nature of diversity, which includes, but is not limited to, goes beyond categories such as gender, race, and disability, requires a commitment by each member of the MATC community to create and sustain a learning environment built on respect for the unique experiences and potential of all. This ensures that MATC is preparing students personally and professionally to become active and successful participants in a complex, diverse world.

Harassment

The MATC District Board, through its commitment to equal rights, will ensure that every student and employee, learn and study in an environment free of harassment. Harassment infringes upon equal respect in workplace and academic relationships, causes serious harm to the operation of the college and to the future careers and success of students, faculty and staff.

The MATC District Board will take steps necessary to prevent harassment from occurring. Such steps include affirmatively raising the subject, expressing strong disapproval, informing employees and students of their rights to raise and how to raise the issue, and developing methods to sensitize all concerned. District policies and procedures will allow for the resolution or investigation of complaints and will allow for the discipline, discharge or dismissal of students, staff or faculty who have engaged in harassment. Harassment will not be tolerated.

Definition

Harassment is illegal if it is based on the following protected group statuses: age, disability, national origin, ancestry, race, color, record of arrest or conviction (which does not relate directly to the job, academic program, or student status), religion, creed, sex, sexual orientation, marital status or other protected status, or retaliation for having engaged in a prior equal rights complaint process.

Harassment is unwanted, deliberate or repeated unsolicited comments, slurs, demeaning references, gestures, graphic materials, physical contacts, solicitation of favors, advances, or other adverse treatment based on a protected group status when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, student status, or academic participation.

  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting an individual.
  3. The conduct has the purpose or effect of substantially creating an intimidating, hostile, or offensive environment, which tangibly affects or interferes with an individual’s job performance or other employment or academic opportunities.

Discrimination & Harassment Complaint Procedure

Any person who believes that he or she has been discriminated against or harassed may follow either the informal or formal procedure without fear of recrimination and shall be assured a prompt investigation. Any person who has a complaint brought against him/her shall have the same assurance of a prompt investigation before any determination of probable cause is made. Appropriate confidentiality will be protected whenever possible.

Informal Procedures for Dealing with Discrimination/Harassment

Any student who believes that he/she has been a victim of discrimination/harassment should first consult with personnel at Conflict Management Services. In doing so, the individual will receive information about what constitutes discrimination/harassment, policies governing behaviors, and informal and formal options and procedures available to the complainant.

A written record of the number and type of informal complaints received shall be kept for one academic year. However, the names of the accused shall be held in confidence and not revealed unless a formal complaint is later filed or the matter becomes part of a subsequent formal disciplinary process or legal proceeding.

Formal Procedure for Discrimination/Harassment

If informal attempts to resolve matters of discrimination/harassment fail, a formal complaint may become necessary.

A formal complaint of discrimination/harassment may be made no later than 300 calendar days following the alleged incident of discrimination/harassment. Complainants should be aware that the longer they wait, the more difficult it will be to gather the information to resolve discrimination/harassment allegations. Therefore, complainants are encouraged to file within 40 calendar days of the incident.

Complaints initiated by or against students must be filed with Conflict Management Services, Room 159. Complaints may be made in person or may be mailed to Conflict Management Services, Room 159-Truax, Madison Area Technical College, 3550 Anderson Street, Madison, WI 53704.

These steps shall be followed in case of a discrimination/harassment complaint:

Step 1. A complaint should include the time, place, pertinent facts, and circumstances of the alleged discrimination/harassment. The complaint must be in writing, dated and signed by the complainant, and filed with Conflict Management Services.

Step 2. A copy of the complaint shall be provided to the person against whom the allegations have been made within 10 working days of the date Conflict Management Services receives the complaint. The accused person shall be given 10 working days to respond to the complaint.

Step 3. Within 30 calendar days after the Step 2 response is received or is due, Conflict Management Services and, when appropriate, Human Resources shall investigate the complaint, attempt to resolve it, and prepare a written report of the findings.

The time limits in this step may be extended where necessary. The investigator(s) will send a written notice to the involved parties stating the reasons for any extension. The report of the findings shall be given to the appropriate vice president, executive dean or administrator of the college.

Step 4. The appropriate vice president, dean or administrator may attempt to resolve the complaint but shall make a decision on the complaint within 20 working days of receiving the report of the findings from Conflict Management Services/Human Resources. The administrator of the college or designee may order any reasonable and appropriate remedy if there is substantial evidence that the discrimination/harassment occurred. A copy of the decision shall be given to the involved parties.

Students found to have violated college discrimination/ harassment policies are subject to discipline in accordance with the Student Code of Conduct/ Discrimination/Harassment policy.

Step 5. Any party who is dissatisfied with the decision at Step 4 shall have the right to one appeal to the president or designee. The appeal must be in writing and filed with the office of the president within 14 working days of the date of the decision at Step 4. Written appeals should be addressed to the provost and should be sent to 3550 Anderson Street, Madison, WI, 53704. All parties will be notified of the decision of the president/designee within 30 calendar days of the receipt of the appeal. The decision of the president/designee is final.

General Information

The filing of a formal complaint with Conflict Management Services does not restrict the right of a person to complain to state or federal equal rights agencies or to take other legal action. There are time limits applicable to the filing of such complaints with external agencies. Waiting too long may jeopardize the right to initiate an action. Contact the appropriate external agency for more information. The filing of a complaint with an external agency or the initiation of other legal action based on the same set of circumstances, may pre-empt, suspend or terminate a college investigation. This is to avoid duplication of effort and to protect the integrity of the investigative process.

Complaints will be maintained as confidentially as possible with due regard for the rights of all parties in the process.

In the event a complainant files both a discrimination/ harassment complaint and some other form of MATC complaint based on the same set of circumstances, there shall be a consolidated co-investigation by Conflict Management Services and the administrator responsible for the other complaint process or personnel from the Human Resources Office or Office of Affirmative Action.

All parties may have a representative present for support through this process.

Members of the public may utilize this process whenever they have a concern relating to discrimination/ harassment that would come under the authority or jurisdiction of the college.

Any questions concerning the complaint process should be directed to Conflict Management Services when a student is a party.

Inquiries regarding Titles VI, VII, and IX, Section 504, of the Rehabilitation Act and the Americans with Disabilities Act may be directed to the Affirmative Action/Diversity Director, Madison Area Technical College, 3550 Anderson Street, Madison, WI 53704, (608) 246-6901.

El oficial Administrativo de Acción Afirmativa está disponible para contestar sus preguntas relacionadas con el Acta de Rehabilitación, Sección 504, Títulos VI, VII, IX y el Acta Para Personas Con Impedimentos. Dirija sus preguntas acerca de este u otro tema de sus derechos a: Madison Area Technical College, 3550 Anderson St., Madison WI 53704, (608) 246-6901.

Last Modified: April 28, 2006


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