Harassment/Discrimination Procedure

An individual who believes that he or she has been subjected to discrimination, retaliation or harassment in violation of the College’s Policy Against Discrimination and Harassment may, but is not required to, attempt to informally correct the situation by directly approaching the person responsible in order to resolve the problem. If this approach is not desired or if you feel uncomfortable following it, or if it is attempted and does not result in satisfaction, the incident should be reported to one of the following individuals:

In order to permit the effective and timely review and investigation of such incidents, complaints should be reported in this manner as soon as possible and generally in the absence of extenuating circumstances, no later than sixty (60) days following the occurrence. A complaint form (available on the TC3 web site or in the following offices: Human Resources; Baker Center for Learning; Counseling, Career, and Transfer Services Office; Dean of Students/Global Connections and Ithaca/Cortland Extension Centers) should be completed and provided to the individual to whom you report your complaint. Such reports will be deemed confidential and will only be provided to those individuals with a need to know. All matters reported in this manner will be promptly and thoroughly investigated.

Should the investigation reveal that an act of harassment, discrimination or retaliation has taken place, prompt action shall be taken to remedy the situation. Upon recommendation of the investigating representative, this action could include verbal or written counseling, or some form of discipline, up to and including termination or expulsion if the severity of the incident warrants such action. All recommendations will be reviewed with the President of the College before any action is carried out. In the event that disciplinary action is taken and the individual subject to the discipline is a member of a collective bargaining unit, he/she shall be entitled to all rights to contest or grieve such discipline according to the applicable collective bargaining agreement.

Because of the damages that can be done to someone who is falsely accused of discrimination or harassment, if the investigation reveals that an individual intentionally submitted a false complaint in bad faith, the complainant could be subject to appropriate discipline.

If the individual filing the complaint is dissatisfied with the investigation or would prefer that a panel review the complaint, he/she should contact the Affirmative Action Officer to convene a Three Person Panel. The Panel will be composed of three members from the Affirmative Action Advisory Council. One panel member will be chosen by the individual filing the complaint, one member chosen by the subject of the complaint, and the two previously selected members shall select the third member jointly. In the event that the selection of the Three Person Panel is not completed within ten (10) business days after notification, the Affirmative Action Officer will complete the selection process.

The Panel shall review all relevant information and interview the parties involved and any pertinent witnesses. Each of the parties involved will receive a copy of the complaint form if he or she first agrees in writing to maintain the confidentiality thereof. The parties involved may submit written statements or other relevant material evidence.

Following the Panel’s investigation, the Panel will prepare a preliminary report and provide a copy to each of the parties involved (again, subject to the continuing obligation to keep this report confidential). Each party shall have three business days following his/her receipt of the preliminary report to submit any written rebuttal. Based upon the material submitted to it on rebuttal, if any, the panel, in its discretion, either may revise its preliminary report or else continue its investigation by considering new evidence in the form of written material, testimony of additional witnesses or otherwise. Following completion of the investigation, the Panel will forward its final report, which may include a written recommendation as to appropriate discipline, to the President within seven (7) business days.

Within seven (7) business days of receipt of the Panel’s information, the President shall prepare a written decision and take action on the matter. The decision will be sent to the subject of the complaint and the Affirmative Action Office. A summary of the decision will be given to the person making the complaint. The summary will include the panel’s statement of evidence and the President’s recommendation.

If the individual voicing the complaint is dissatisfied with the President’s decision, he/she may elect to file a complaint with one or more State and Federal agencies. The College’s Affirmative Action Officer will provide the individual with general information on the State and Federal guidelines and laws, as well as the names and addresses of various enforcement agencies.

Contact the Human Resources department.