The College encourages prompt reporting of complaints so that a rapid response can be made and appropriate action taken. Note that reporting a complaint need not be limited to someone who was the target of the discrimination.
The following person is designated to coordinate the College's responsibilities under the law and to insure compliance with the College's policies against discrimination:
Vice President of Academics
National Polytechnic College of Science
272 South Fries Avenue
Wilmington, CA 90744
Telephone: (310) 816-5700
Any student who feels that s/he has been subjected to discrimination by a student, or by the College through any of its employees, contractors, entities, policies, procedures, or programs, may file a complaint with the Vice President of Academics.
The College will endeavor to maintain confidentiality to the extent permitted by law. Where the complainant's desire to maintain anonymity constrains attempts at establishing facts and eliminating the potential discrimination, the College will attempt to find the right balance between the complainant's desire for privacy and confidentiality and its responsibility to provide an environment free of discrimination. The College has a duty to investigate even if the student declines to file a complaint or demand action, and the College may take more formal action in cases of egregious discrimination that may require complete disclosure of all relevant facts.
Complaint Procedures—Harassment (Including Sexual Harassment) and Discrimination
1. Informal Procedures
A student who believes that s/he has been subjected to unlawful discrimination may use the following informal procedures to resolve the complaint. This process may be used as a prelude to filing a formal complaint or as an alternative, and generally is completed within thirty (30) days. It is not necessary that this option be used. Students have the right to file a formal written complaint – either initially or if informal resolution is not possible. Students may, at any time, elect to stop the informal procedure.
Assistance will be provided to:
- Help the complainant understand the definition of discrimination or sexual harassment and determine if the alleged conduct would constitute discrimination or sexual harassment;
- Explain the various informal and formal options available to the complainant, including strategies for the complainant to inform the offending party that the behavior is unlawful or unwelcome and should cease, action by an appropriate College official to stop the unlawful or unwelcome conduct, and mediation, and
- Identify various support services available to the complainant.
The student may seek a resolution of the matter through discussion with the alleged offender or person responsible for the program or enforcing the rule or procedure. The College encourages discussion between the parties directly involved in a dispute, especially in the early stages before the parties have assumed official or public positions that may polarize the dispute and make resolution more difficult. Students may seek advice about how best to approach this individual or obtain other assistance, such as mediation, from their admissions advisor, the Office of the Vice President of Academics, or other responsible administrator of the campus.
If no resolution is forthcoming or if direct confrontation is deemed inappropriate, the student may report the incident(s) to the Vice President of Academics.
The campus administrator who is consulted will keep a written log of discussions, which in all events will be forwarded to the Vice President of Academics. If the dispute is resolved to the satisfaction of all parties, a memorandum stating resolution of the conflict will be sent to the parties and the Vice President of Academics, who will make every reasonable effort to see that there is no recurrence or retaliation.
2. Formal Procedures
a. Filing a Written Complaint with the Vice President of Academics: The complainant completes a complaint form. These forms are available in the Office of the Vice President of Academics and in all advising offices. To be processed, the complaint must be filed within 120 days of the alleged unlawful discrimination or within 120 days of the complainant's learning of the discriminatory action.
The Vice President of Academics dates and logs all written complaints and sends the complainant an acknowledgement that the complaint is under review.
If the complaint does not meet the requirements of the procedure, the Vice President of Academics immediately notifies the complainant of the specific deficiencies of the complaint.
If the complaint meets the requirements of the procedure, the Vice President of Academics forwards a copy of the complaint to the alleged offender or unit against which the complaint is made ("Respondent"). The Vice President of Academics will arrange appropriate interim measures when warranted to protect the parties.
The Vice President of Academics investigates the complaint (or the Vice President's designee, who has been trained in the investigation of such complaints), meeting separately with the student and with others who either are named in the complaint or who may have knowledge of the facts. Generally, the investigation is completed within 30 days from the date the Vice President of Academics receives the complaint.
Upon completion of the investigation, the Vice President of Academics will prepare a report of the witness statements and the evidence and will provide a copy to each party. If no dispute the Vice President of Academics will communicate the final disposition and recommendations to each party.
b. Next, a review panel is established as follows: The parties each nominate one student or employee who is unbiased, not involved in the complaint, and willing and available to serve as a member of the panel. The nominated panel members select, by mutual agreement, another member who will serve as chair of the panel, who will conduct the hearing and rule on procedural matters. If they are unable to agree on a chair, the Vice President of Academics makes the selection.
c. Once the review panel is established: The chair sets the time and place for the hearing at the earliest possible time consistent with the schedules of the parties and the panel. The date of the hearing may be postponed or extended by mutual agreement of the parties with the consent of the chair. The panel makes every reasonable effort to conduct its hearing within 14 days of the panel's formation.
The failure of any party to appear without justifiable cause will terminate their right of appeal.
The Vice President of Academics coordinates the hearing process by informing the panel of its role, defining the issues, and ensuring that the panel is provided with the complaint, response, and other appropriate information and reviews pertinent evidence. The Vice President of Academics serves as recorder of the proceedings and advisor to the panel, but does not vote.
The standard of review to be used in all proceedings is fundamental fairness. Strict rules of evidence and procedures are not required so long as the proceedings are conducted in a manner that allows both sides to fairly and fully explain the circumstances. Decisions regarding the admissibility of evidence and the weight to be given to it will be made by the chair. The burden of proof is upon the complainant to prove his or her case by a preponderance of the evidence, which means that the proof need only show that the facts are more likely to be so than not so.
The review panel proceedings will be conducted in a closed hearing. The parties will have a reasonable opportunity for oral presentation and to present written evidence. The hearing is not a legal forum and representation of parties by legal counsel is not permitted. The parties may, however, be accompanied by another member of the College community, who will act as a personal advisor with whom they may consult.
The panel makes every reasonable effort to forward its written findings and recommendations to the Vice President of Academics and to the parties within seven days after the close of the hearing. The findings will be recorded and signed by the parties and the Vice President of Academics except when either party disagrees with the findings of the committee and decides to appeal. Reasonable, timely, and effective action will be taken as needed to correct discriminatory effects, prevent recurrence, or remedy the complainant's loss, if any. These actions will be communicated to the complainant.
d. In the event disciplinary action is recommended, the respondent will be entitled to fair process provided by College rules and regulations. Only when a complaint reaches the formal process and only if it is sustained will it be recorded in the respondent's student or personnel file.
Appeal Procedures. Students who believe they have been wrongfully or excessively penalized may appeal the hearing decision. Such an appeal must be requested in writing within 10 days of notification of the action and must be directed to the President. In order for the President to convene an appeals hearing, a student must establish that there is sufficient cause for such an appeal. It is the responsibility of the student to submit a clear, coherent, written statement providing the basis for the appeal, including any supporting documentation. For an appeal to be granted, the student must present:
1. A reasonable possibility the unfavorable decision was clearly wrong, given the hearing committee's interpretation of the evidence or in the disciplinary action imposed.
2. New evidence that was not available for presentation at the original hearing and which, if true, creates a reasonable probability of a different decision. In addition, a satisfactory explanation must be provided for the failure to present such evidence at the hearing.
At the discretion of the Vice President of Academics, any disciplinary action previously imposed may be suspended pending disposition of the appeal.
Upon receipt of the appeal, the President will forward a copy to the other parties. Parties can forward commentary to the President within 14 days of receipt of the appeal. Within 21 days following receipt of an appeal, the President will render a final decision.
Changes to these procedures may be made as needed to resolve problems. Any request for changes should be directed to the Vice President of Academics. If the complaint is against the Vice President of Academics or other officer involved in these procedures, the President will designate a College employee to act in their place in these complaint procedures.
If the decision finds that the complainant falsely accused another of discrimination knowingly or in a malicious manner, the complainant will be subject to appropriate sanctions.
Retaliatory action of any kind by any member of the College community against anyone seeking redress under these procedures, cooperating in the investigation, or other participation in these procedures is prohibited and will be regarded as the basis for disciplinary action.
