Introduction

It is the policy of Massachusetts State Colleges to provide each student, employee and other persons having dealings with the institution, an atmosphere free from discrimination, harassment, retaliation and reprisal. The purpose of these procedures is to resolve them as expeditiously as possible. Resolution through agreement of the parties with the Director of Civil Rights Compliance and Diversity is available at any time. These procedures serve to address complaints of discrimination on the basis of race, color, religion, national origin, gender, sexual orientation, age, marital or veteran status or disability, including failure to accommodate, or failure to provide appropriate academic aids and adjustments to persons with disabilities as required by the Americans with Disabilities Act of 1990. A person who believes that s/he has been discriminated against on any of the above bases may:

1. File an informal claim, either permitting or not permitting the use of her/his name, in an effort to resolve the matter.

2. File a formal complaint, either with or without first filing a formal claim.

3. Proceed from an informal claim to a formal complaint.

4. File a charge directly with the local, state or federal agency having appropriate jurisdiction.

Information and assistance on any of these options are available from the Director of Civil Rights Compliance and Diversity.

A person or office charged with discrimination, or a person who has knowledge about incidents surrounding allegations, must respond promptly and completely to all requests for information deemed relevant to the investigation of the claim /complaint which are initiated by the Director of Civil Rights Compliance and Diversity, the Vice President for Administration and Finance, or the President. Such information may include, but is not limited to, requests for position, rationale for actions, documents and the opportunity to interview persons having knowledge pertaining to the claim/complaint.

Application

The following complaint procedure may be utilized by any person, including any college employee, student, applicant for employment or admission, or other person having dealings with the institution, who believes s/he has been discriminated against by the college, by an employee of the college, by a student of the college or by other persons having dealings with the institution, on the basis of race, creed, gender, sexual orientation, color, national origin, religion, age, disability, marital or veteran status or by a person who believes s/he has been the victim of retaliation as defined in Section G of these procedures. These procedures shall also apply to all complaints of sexual and racial harassment, both of which are unlawful discrimination.

These complaint procedures may be used to address alleged discriminatory acts which violate the requirements of Executive Order 11246 as amended by 11375; TitlesVI and VII of the Civil Rights Act of 1964 as amended; the Civil Rights Restoration Act of 1988; the Civil Rights Act of 1991; the Age Discrimination in Employment Act; the Equal Pay Act; Title IX of the Higher Education Amendments of 1972; the Rehabilitation Act of 1973; the Americans With Disabilities Act of 1990; and pertinent laws, regulations and Executive Directives of the Commonwealth of Massachusetts, including policies and regulatory procedures set forth by the Board of Higher Education or the Boards of Trustees of the Massachusetts State Colleges, and other applicable local, state and federal policies, regulations or statutes.

It is the intent of the administration of each state college to actively respond to all claims/complaints of discrimination with the hope that it can fully, quickly and adequately resolve them internally. Each college also recognizes the right of all complainants to file charges of unlawful discrimination with the appropriate federal, state or local agency with or without first pursuing a resolution of the claim/complaint through the college's Discrimination Complaint Procedures. These agencies include:

U.S. Office of Education/Office for Civil Rights, Room 222
McCormack Post Office and Court House
Boston, MA 02109

U.S. Equal Employment Opportunity Commission
One Congress Street, 10th Floor
Boston, MA 02114

Massachusetts Commission Against Discrimination
One Ashburton Place
Boston, MA 02108

Initiating the Complaint Procedures

Time Limits
Procedures for the resolution of claims/complaints of discrimination are designed to promote speedy resolution. Therefore, the various steps contain time limits that are measured in "working days". For purposes of these procedures, the definition of the term "working days" shall be days when the administrative offices of the college are regularly open for business. Holidays, weekends, snow days and days when the college is closed for any other reason shall not be counted. In making a determination concerning the extension of time limits under these procedures, Officers or Coordinators, the Vice President for Administration and Finance and the President shall apply a standard of reasonableness, having regard, when appropriate, to academic recesses and semester breaks.

Acceptance of Claims/Complaints
Receipt of the claim/complaint and/or written acknowledgment of receipt by the Director of Civil Rights Compliance and Diversity or appropriate coordinator shall not be deemed to be an admission of any violation of law or policy by any of the named parties or by the institution.

Informal Procedures Preliminary Steps
Prior to filing a claim/complaint, an individual may:

1. Seek advice and counsel.

2. Seek investigation and informal resolution by:

1. The Section 504/ADA Coordinator (claims of disability discrimination)

2. The Title IX Coordinator (student claims of gender discrimination).




3. Contact the Director of CiviI Rights Compliance and Diversity (claims of discrimination on the basis of race, creed, gender, sexual orientation, color, national origin, religion, age, disability, marital status, veteran status or retaliation).

The Title IX and/or the Section 504/ADA coordinator shall notify the Director of Civil Rights Compliance and Diversity of all such contacts and of any claims/complaints issuing therefrom.

Initiating an Informal Claim
A person wishing to use these procedures should request a meeting with the appropriate director/coordinator/officer within a reasonable time period. Because it is beneficial to all parties to resolve claims promptly, they should ordinarily be brought to the attention of the appropriate Director/Coordinator/Officer within thirty (30) working days following the occurrence of the events that are thought to constitute discrimination. In individual cases, circumstances may make that difficult or impractical. Whenever a claim has been initiated more than thirty (30) working days following the occurrence of such events, the appropriate coordinator/officer will determine whether the claim has been initiated during a reasonable period of time.

Whenever a claim of discrimination is brought to the attention of the coordinator/officer, s/he will provide assistance by:

1. Explaining the avenues of recourse which are available.

2. Providing information about the applicable federal and state laws and regulations.

3. Informing the complainant of the right to file charges with the appropriate local, state or federal agency and the need to meet applicable time requirements for such filing.

4. Communicating information regarding the nature of the formal complaint process.

5. Determining whether formal procedures are applicable.

6. Properly drafting a complaint pursuant to these procedures.

7. Informally investigating and/or resolving the claims.

A person wishing to use the Informal Procedures may authorize the director/coordinator/officer to disclose her/his identity to the person/persons concerned. If such disclosure is authorized, it must be put in writing and signed by the person making the claim. If the claimant does not wish disclosure, the claim is subject to the provisions outlined in C.3 below.

Investigating Informal Claims
Under the Informal Procedure, the director/coordinator/Officer may initiate interaction with other individuals regarding the claims, for the purpose of investigation or resolution, but shall do so without revealing the name of the person making the claim if s/he has not received written authorization to releases it. In such cases care must be taken to keep the discussion sufficiently broad to protect the complainant's identity.

Complainants/potential complainants must be advised of the difficulty both in pursuing allegations while protecting the identity of the complainant, and in securing individual remedy in such circumstances. After discussion with the complainant, it shall be the determination of the director/coordinator/officer as to whether and/or how it is practicable to proceed. The director/coordinator/officer must also take care in such cases to protect the accused from inappropriate disclosure of any pending claim.

Whether or not the complainant has authorized the release of her/his name, the director/coordinator/officer, if s/he has decided it is practicable to proceed, will meet as soon as possible with each appropriate party, in an attempt to secure a prompt and equitable resolution of the claim. The director/coordinator/officer shall maintain a confidential recording of all such proceedings.

The Informal Procedures shall normally be completed within fifteen (15) working days of the initial meeting unless it is impracticable to do so. Any individual may elect to use formal proceedings in lieu of the Informal Procedures.

If a proposed resolution is not acceptable to the complainant, s/he may:

1. Continue to seek investigation through the Informal Procedures.

2. Proceed to initiate a formal complaint.

3. File with the appropriate state or federal agency.

4. Drop the matter entirely.

Formal Complaint Procedures
The Formal Complaint Procedures are provided to allow employees, students, and persons having dealings with the institution an avenue to address complaints of discrimination and related matters. Three steps are provided to allow for adequate appeal rights of the parties. However, resolution of a formal complaint is possible at any step through the written agreement of the Parties and the Director of Civil Rights Compliance and Diversity.

If the Director of Civil Rights Compliance and Diversity, the Vice President for Administration and Finance or the President feels that s/he is unable to make an objective judgment when a complaint filed under these procedures comes before her/him, then s/he will so advise the Parties and the other two institutional officers and will appoint a designee to serve as a replacement.

Step I - Director of Civil Rights Compliance and Diversity

The complainant will file a Discrimination Complaint, accompanied by any pertinent supporting documentation, with the Director of Civil Rights Compliance and Diversity. A complaint shall normally be filed within forty (40) working days from the date upon which the complainant had knowledge or should have had knowledge of the alleged discriminatory act, or the completion of the Informal Procedures, if utilized. However, where the act complained of is one of a continuing nature, has a continuing effect, or, in the judgment of the Director of Civil Rights Compliance and Diversity warrants proceeding, the time limit may be extended.

The Director of Civil Rights Compliance and Diversity shall promptly consider the complaint and shall, within fifteen (15) working days of the filing thereof:

1. Determine whether the complaint has been filed in accordance with the provisions of these procedures.

2. Determine whether the complaint asserts discrimination on the basis of race, creed, gender, sexual orientation, color, national origin, religion, age, disability, marital status, veteran status, or retaliation (as defined in Section G. of these procedures) or related matters cognizable under these procedures.

3. Take the steps necessary to thoroughly investigate the complaint through, at a minimum:
   
   

   1. The provision of a copy of the formal complaint to the person accused.

   2. The request for, receipt of and consideration of the response of the accused.

   3. The review of relevant documents and, at the discretion of the Director of Civil Rights Compliance and Diversity, the interviewing of persons identified by either party as ones having information pertinent to the allegations.

   4. The collection of further evidence deemed relevant to the investigation.

   5. Presentation of the evidence to each party and the allowance and consideration of rebuttal.

4. Attempt to mediate the complaint to the mutual agreement of the Parties and the Director of Civil Rights Compliance and Diversity. If such agreement is reached, it shall be reduced to writing and the Director of Civil Rights Compliance and Diversity shall notify the Parties, the Vice President for Administration and Finance and the President of the closure of the complaint file.

5. If no settlement is reached, the Director of Civil Rights Compliance and Diversity shall provide a Statement of Findings and Recommendations to the Parties, VicePresident for Administration and Finance and the President.

If no appeal has been filed, the Director of Civil Rights Compliance and Diversity shall pursue one of the following courses at the end of the ten (10) day period.

If the Director of Civil Rights Compliance and Diversity determines that more than fifteen (15) working days are needed, s/he will notify the Parties of the anticipated completion date.

If, upon receipt of the Statement of Findings and Recommendations, either party takes exception, s/he may appeal to Step II, stating the basis of the Appeal, by notifying the Director of Civil Rights Compliance and Diversity in writing within ten (10) working days, In such cases, the Director of Civil Rights Compliance and Diversity shall transmit a copy of entire Step I record, and the Letter of Appeal, to the Vice President for Administration and Finance, with a copy to the President.

If no finding of violation has been made and/or no remedy has been recommended, the Director of Civil Rights Compliance and Diversity shall issue a Statement of Closure to the parties, with a copy to the Vice President for Administration and Finance and the President.

OR

If a finding of violation has been made, and if a remedy has been requested or recommended which must be effected by the Chief Administrative Officer or the President, the Director of Civil Rights Compliance and Diversity shall issue to the Parties, the Vice President for Administration and Finance and the President a Statement of Resolution and a Recommendation to Effect Remedy.

Step II - Chief Administrative Officer (Vice President for Administration and Finance)

The Chief Administrative Officer responsible for hearing appeals at Step II is the person who has overall responsibility for the supervision of the individual accused in the complaint and who reports to the President. If the accuser's supervisor is the President, the President shall appoint a designee to serve in her/his stead. For complaints arising between students in both the Day College and the Division of Graduate and Continuing Education, the President shall designate the person/ persons to serve as the Chief Administrative Officer to hear appeals under Step II of these procedures.

The Chief Administrative Officer (Vice President for Administration and Finance) or designee shall promptly consider the complaint and shall, within fifteen (15) working days of the receipt of the Step I record and the Appeal:

1. Determine whether the Complaint and the Appeal have been filed in accordance with the provisions of these procedures.

2. Take the steps necessary to review the record and the Appeal, investigate the complaint further if deemed necessary, make a preliminary determination on the matter, and informally discuss it with both Parties.

3. Offer each of the parties the opportunity for a hearing. Such hearing must be requested within ten (10) days of the offer. If the party requests such hearing, the parties shall be accorded the following:
   

   1. The right to receive written charges in advance of expected response.

   2. The right to have a representative present to serve in an advisory role only.

   3. The right to have a response heard and considered.

   4. The right to question the opposing party and persons giving testimonial evidence.

   5. The right to rebut documentary and testimonial evidence.

   6. The right to receive a written decision.

If the Vice President for Administration and Finance determines that more than fifteen (15) working days are necessary, s/he shall notify the Parties of the anticipated completion date.

If, upon receipt of the Statement of Findings and Proposed Remedy, either party takes exception, s/he may appeal to Step III stating the basis of the Appeal by notifying the Vice President for Administration and Finance and the Director of Civil Rights Compliance and Diversity in writing within ten (10) working days. In such cases, the Vice President for Administration and Finance shall transmit a copy of the entire Step I and Step II records and the Letter of Appeal to the President.

If no Appeal has been filed, the Vice President for Administration and Finance shall pursue one of the following courses at the end of the ten (10) day period.

If no Finding Of Violation has been made and/or no remedy has been recommended, the Vice President for Administration and Finance shall issue a Statement of Closure to the Parties, with a copy to the Director of Civil Rights Compliance and Diversity and the President.

If a finding of violation has been made and if a remedy has been proposed which can be effected by the Vice President for Administration and Finance, s/he shall give effect to such remedy and shall issue a Statement of Resolution to the Parties, with a copy to the Director of Civil Rights Compliance and Diversity and the President.

If a finding of violation has been made and, if a remedy has been proposed which must effected by the President, the Vice President for Administration and Finance shall issue to Parties a Statement of Resolution and Recommendation to Effect Proposed Remedy, with a copy to the Director of Civil Rights Compliance and Diversity and the President.

Step III - President

Unless the President is personally charged under these procedures, in which case the procedures under Section F shall apply, or disqualifies her/himself (Section E), the President shall be the sole Step III Appeal Officer.

The President shall promptly consider the complaint and shall, within ten (10) working days of receipt of the Step I and Step II records and the Letter of Appeal:

1. Determine whether the complaint and the Step III Appeal have been filed in accordance with these procedures.

2. Take the steps necessary to review the record of the two preceding steps and the Appeal.

3. At her/his discretion, remand the case to the Vice President for Administration and Finance or the Director of Civil Rights Compliance and Diversity for the purpose of conducting further investigation or hearing.

4. Make a final determination on the complaint of discrimination and take whatever action s/he deems appropriate to the situation. A Notice of Final Resolution shall be issued by the President to the Parties, the Vice President for Administration and Finance and the Director of Civil Rights Compliance and Diversity.

If the President determines that more than ten (10) working days are necessary, s/he shall notify the Parties of the anticipated completion date.

The President shall be the final adjudicator under these procedures. Her/his decision shall be binding with full recognition that, at any time, the complainant has the right to file charges with appropriate local, state and/or federal agencies.

Application of the Limits

In the event that a complaint has not been resolved within forty-five (45) days following its filing at any step, either party may elect to have the matter considered at the next step of these procedures.

Complaints Against Institutional Officers

If a complaint is directed against Vice President for Administration and Finance, the Director of Civil Rights Compliance and Diversity, the Section 504/ADA Coordinator, or the Title IX Coordinator, the functions assigned to the person by these procedures will transfer to the President or her/his designee. Complaints directed against the President shall be filed with the Chairperson of the Board of Trustees and will follow the Grievance Procedures established by the Board of Higher Education with respect to Presidents, as contained in the Report of the Task Force on Complaint/Grievance Procedures dated September 1987.

Retaliartory Action Prohibited

The college prohibits retaliatory action against persons who file claims, complaints or charges under these procedures, or under applicable local, state or federal nondiscrimination statutes, who are suspected of having filed such claims, complaints or charges, who have assisted or participated in an investigation or resolution of such claims, complaints or charges, or who have protested practices alleged to be volatile of the nondiscrimination policy of the college, the Board of Higher Education, or local, state or federal nondiscrimination regulation or statute. Such retaliation is cognizable under these procedures as well as under state and federal law. Retaliation, even in the absence of provable discrimination in the original Complaints charge or allegation, constitutes a violation as serious as proved discrimination under the original claim, complaint, charge or allegation. Any person who believes s/he has been retaliated against in this manner is encouraged to immediately file a claim or complaint under these procedures.

You may receive a complaint format from the Office of Civil Rights Compliance and Diversity (8th floor, Tower).

Actions to Remedy Discrimination

Should discrimination in treatment or effect be found to exist in any employment, educational or service decision, action, inaction or practice within the college, all appropriate corrective and/or disciplinary actions shall be taken under the direction of the President of the college, subject to any applicable collective bargaining agreement or other policies or procedures of the college.

Record Keeping

A record of any claim or complaint submitted for consideration in accordance with these Discrimination Complaint Procedures shall be kept on file in the MassArt Civil Rights Compliance and Diversity Office. This record shall include a record of all steps of these procedures and shall be the only file so maintained. The information contained in such files shall be considered confidential and shall be accessed/used only for purposes of the enforcement of policies set forth in the Civil Rights Compliance and Diversity Plan and by appropriate staff. It may also be used to deal with and respond to claims arising under this policy.

1. For a claim filed under the Informal Procedures, the record shall contain at a minimum:

   1. A brief description of the claim, its allegations and the manner in which it was resolved.

   2. If given, signed authorization to use the Complainant's name in the investigation/resolution of the claim.

2. For a complaint filed under the Formal Procedures, the record shall contain at a minimum:

   1. A copy of the complaint.

   2. Copies of statements of all witnesses.

   3. Any documentary evidence or written statements presented by the Parties.

   4. Records of intermediate proceedings.

   5. A copy of the final disposition/resolution.

Board of Higher Education Submission

In order to assure that the rights of both complainants and charged parties are protected, each college will, within one hundred and twenty (120) days of a request by the Chancellor, submit to the Board of Higher an assurance that the above procedures are the official Discrimination Complaint Procedures of the college and are the only procedures used by the college for addressing claims/complaints of discrimination which are cognizable under these procedures.

Deviations from Established Procedures: Reasonable deviations from these procedures will not invalidate a decision or proceedings unless significant prejudice to a student may result.

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