Equal Opportunity and Nondiscrimination Policy

policy statement | harassment prevention | complaints of discrimination | americans with disability act, reasonable accommodations and section 504 of the rehabilitation act

EQUAL OPPORTUNITY AND NONDISCRIMINATION POLICY STATEMENT

I. Purpose

Lansing Community College is committed to a policy of providing equal employment opportunity and equal education for all persons regardless of race, color, sex, age, religion, national origin, creed, ancestry, familial status, marital status, height, weight, sexual orientation, disability or veteran's status or other status as protected by law.

Equal employment opportunity is a legal, social and economic responsibility of the college and is provided in accordance with applicable federal and state laws and Lansing Community College policy. The college policy and practice at all levels assures the active and positive implementation of federal and state equal employment opportunity laws, executive orders, rules and regulations and College equal employment opportunity policies and guidelines.

The college prohibits retaliation or reprisals against any individual because she/he has filed a compliant or report, participated in an investigation, or otherwise opposed unlawful discrimination.

II. Scope

This nondiscrimination policy applies to admissions, employment, access to and treatment in the college programs and activities. This policy applies to all persons employed by LCC, enrolled as a student, seeking admission to the college and/or requesting employment at or having contracts with the College.

III. General

The College is committed to and reaffirms support of equal opportunity in employment, education and non-discrimination in employment and academic policies, practices and procedures and will examine periodically all employment and academic policies for discrimination on the basis of race, color, religion, sex, national origin, creed, ancestry, familial status, age or disability, marital status, height, weight, sexual orientation, disability or veteran's status or other protected status and take remedial action to correct such discrimination if it is found to exist.

The College values diversity and seeks talented students, faculty and staff from diverse backgrounds. The College does not discriminate in the administration of educational policies, programs or activities; admissions policies; scholarship and loan awards;  or other college administered programs or employment.

IV. Responsibility

The College's Board Liaison/Associate General Counsel is responsible for preparing procedures to implement this policy.

HARASSMENT PREVENTION

I. Purpose

Lansing Community College is an Equal Opportunity Employer and does not condone unlawful discrimination or related harassment on the basis of race, color, sex, age, religion, national origin, creed, ancestry, familial status, disability, marital status, height, weight, sexual orientation, or veteran's status in any employment or educational opportunity. Such harassment is unlawful and expressly prohibited, and the College will make all reasonable efforts to prevent it.

II. Scope

This policy applies to all persons who are employed at the college as well as all students.

III. General

General discriminatory harassment is any conduct which has the purpose or effect of unreasonably interfering with an individual's work or education performance, or of creating an intimidating, hostile, or offensive environment for work or learning.

Sexual harassment has been more specifically defined by state and federal law, and regulations to generally mean unwelcome attention of a sexual nature from someone in the workplace or classroom that substantially interferes with work or academic performance. It may include, but is not limited to, sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic standing or status in a course, participation in a program or activity or other term or condition of employment or education;

2. Submission to or rejection of such conduct is used as the basis for evaluating or impacting academic or employment conditions affecting a person; or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or education performance, or of creating an intimidating, hostile, or offensive environment for work or learning.

Examples of Harassment

Prohibited or unlawful harassment may take many forms. The following types of conduct are given as examples of harassment:

• Physical assault;

• Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, graduation, or letters of recommendation;

• Direct unwelcome propositions of a sexual nature; Unwelcome pressure for sexual activity;

• A pattern of conduct (not legitimately related to the appropriate subject matter of a course if one is involved) intended to discomfort or humiliate, or both, that includes one or more of the following:
  
  Comments of a sexual nature; or

  • Sexually, racially, or discriminatory explicit statements, questions, jokes, or anecdotes;

  • A pattern of conduct that would discomfort or humiliate (or both) a reasonable person at whom the conduct was directed that includes one or more of the following: unnecessary touching, patting, hugging, or brushing against a person's body;

  • Insults or slurs based upon one's race, sex, ethnic origin, disability, religion, etc.

  Note: The list above is not considered to be exhaustive or exact; rather, it contains illustrative potential examples of prohibited harassing behavior.

COMPLAINTS OF DISCRIMINATION:

All complaints of harassment prohibited by this policy must be reported. When allegations of harassment are made, the Office of the Board Liaison/Associate General Counsel will conduct a fair and objective investigation. If the allegations of harassment are substantiated, the college will take prompt and appropriate corrective action.

Allegations of harassment will be dealt with promptly and appropriately. Where it is found to occur, appropriate corrective action, including appropriate disciplinary measures, will be taken. We encourage students and staff to utilize LCC's complaint process. However, multiple avenues for resolution and redress are available, including filing a complaint with the Michigan Department of Civil Rights, the Equal Employment Opportunity Commission, or other appropriate government agency.

Anyone who experiences harassment prohibited by this policy, or becomes aware that such harassment is directed toward another person should report it using the College's harassment Complaint Process or by reporting the harassment to the Human Resources Department and/or the Office of the Board Liaison/Associate General Counsel.

Prevention of prohibited harassment is the responsibility of all employees. However, managers, supervisors, and faculty must set the example in treating all students, employees, and persons connected to Lansing Community College with mutual respect and dignity, in fostering a positive climate for learning and working, refraining from unprofessional conduct, and in taking appropriate action when conduct is disruptive, provoking, discriminatory, or otherwise unprofessional.

IV. Responsibility

The Board Liaison/Associate General Counsel is responsible for preparing procedures to implement this policy. Engaging in conduct, which constitutes prohibited harassment, may result in disciplinary action up to and including termination.

V. Where To File A Complaint

Any employees or students who believe that discrimination has occurred against themselves or others are urged to report the matter as soon as possible to:

Office of the Board Liaison/Associate General Counsel
Lansing Community College
Mail Code: 8100A
Room 307 Administration Building
(517) 483-5252

The Office of the Board Liaison/Associate General Counsel coordinates the investigation of complaints of discrimination. ADA and 504 issues, Title IX concerns can be directed to the Office of Student Success, 483-9671.

Students may file non-discrimination complaints, allegations of harassment and appeals with the Director of Student Success. The college’s appeal process for non-discrimination complaints will be utilized to resolve these matters. For copies of the appeal form or further information contact:

Director, Student Success
Lansing Community College
Mail Code: 1130
204 Gannon Building
(517) 483-9671

AMERICANS WITH DISABILITY ACT, REASONABLE ACCOMMODATIONS AND SECTION 504 OF THE REHABILITATION ACT

I. Purpose

Lansing Community College is committed to providing and maintaining a barrier-free environment so that individuals with disabilities can fully access employment, programs, services, and all activities of the college.

The college prohibits retaliation or reprisals against any individual because she/he has filed a complaint or report, participated in an investigation, or otherwise opposed unlawful discrimination.

II. Scope

This policy applies to all persons seeking reasonable accommodations from the college.

III. General

1. Students who are seeking classroom and academic accommodations should be directed to the Office of Disability Support Services (ODSS) Staff. The ODSS staff also serves as a resource for answering questions that LCC faculty and staff have when working with students with disabilities. ODSS is located in the Counseling and Advising Department, Room 204, Gannon Building, and can be contacted by calling (517) 483-1904.

Students alleging discrimination based on a disability and/or failure to accommodate a disability should be directed to the Office of the Board Liaison/Associate General Counsel.

2. Faculty and staff at Lansing Community College shall contact the Office of the Board Liaison/Associate General Counsel and follow these three steps to request an accommodation:

1. The faculty and staff must self-identify himself/herself as a person with a disability,

2. The faculty and staff should make a written request for an accommodation, and

3. The faculty and staff must provide appropriate documentation of his or her disability and the need for an accommodation if so requested by the College.

Nothing in this document shall be construed to waive the College's right to contest whether an employee or applicant is disabled or is entitled to an accommodation.

Employees may self-identify as a person with a disability. Self-identification as a person with a disability alone is not sufficient to obtain an accommodation. Rather, the appropriate procedures must be followed to request and, if appropriate, obtain an accommodation.

3. Requests For Accommodation

A person with a disability may or may not need an accommodation. If a faculty or staff member believes that he/she needs an accommodation, he/she may request an accommodation by completing a Faculty/ Staff Request for Accommodation form (Attachment A) and an Employee Medical/Documentation form (Attachment B). (Documents A and B may be obtained in the Office of Human Resources.

4. Medical Documentation

At any time during the accommodation request process, the College may ask the faculty or staff member for documentation (or additional documentation) of the disability and/or of the need for an accommodation. The faculty or staff will be required to provide that documentation.

5. Confidentiality

Medical documentation, as well as Faculty/Staff Request for Accommodation forms, will be maintained in a separate, confidential file apart from the main personnel file(s). Such documentation will be kept confidential, except as necessary to administer the accommodation process. Accordingly, such documentation will be shared only with those individuals involved in the accommodation process, on an as needed basis, except as otherwise authorized by law.

6. Supervisor

When a faculty or staff member approaches his/her supervisor with a request for accommodation, the supervisor should discuss the need for accommodation with the employee. In addition to discussing the specific accommodation requested by the employee, the supervisor should discuss other possible accommodations and assess the effectiveness each would have in allowing the employee to perform the essential functions of the position.

The faculty or staff and the supervisor should discuss the following issues:

1. The essential job functions;

2. The faculty or staff's ability to accomplish essential job functions with or without a reasonable accommodation; and,

3. If an accommodation is needed, possible types of reasonable accommodation.

The supervisor should not request information regarding:

1. How the employee became a person with a disability,

2. Disabilities for which the employee is not seeking accommodation, or

3. Information, which is unrelated to whether, the person has a disability or what accommodation is needed.

The supervisor should make sure the employee has completed the appropriate request and accommodation forms. These forms should be forwarded to the Office of the Board Liaison/Associate General Counsel. The Board Liaison/Associate General Counsel will review the request with the employee, supervisor, and Human Resources Representative. What constitutes a reasonable accommodation will vary depending on the circumstances of each case. In evaluating alternatives for accommodation, the preferences of the employee will be considered, but the ultimate decision regarding what type of accommodation, if any, will be provided is made by the College.

7. Office of the Board Liaison/Associate General Counsel

The Office of the Board Liaison/Associate General Counsel maintains records of accommodations made for persons with a disability. The staff is available for consultations with faculty, staff or supervisors who are making assessments of accommodation requests. In cases where a requested accommodation involves action or expenses beyond the supervisor's authority or in cases in which the faculty, staff and supervisor cannot agree on an accommodation, the College may do the following:

1. Identify additional alternatives;

2. Gather necessary medical documentation;

3. Where appropriate, gather cost or other technical impact information from resources including:

• The department and/or employee,

• Physical Plant Office,

• The Human Resources Office,

• The EEOC, Department of Justice, or

• Rehabilitation agencies;

4. Evaluate whether any accommodation is needed and, if it is, whether an accommodation is reasonable and should be made (this evaluation may include preparing cost estimates);

5. Recommend a reasonable accommodation, if appropriate;

6. Discuss the recommendation with the department/unit;

7. Obtain appropriate funding for the accepted accommodation, if needed; and/or

8. Follow up on approved requests.

8. Appeals

If an employee disagrees with the department's accommodation determination, the employee may appeal the determination to the Office of the Board Liaison/Associate General Counsel.

9. Retaliation

Retaliation against an employee or applicant who requests an accommodation is prohibited. Individuals who feel that they have been retaliated against may contact the Office of the Board Liaison/Associate General Counsel.

IV. Responsibility

The Office of Human Resources facilitates placement of employees with work restrictions and/or in rehabilitation situations. Such placements may exceed the College's legal duties under the ADA , the MPDCRA and/or the Rehabilitation Act. The nature of the relevant work restrictions may be shared with employing departments so that appropriate discussions about placement can take place. The College does not guarantee such placements nor does it waive its right to limit its responsibility to accommodate a person with a disability to the duties imposed by the applicable state and federal statutes.

The College's Board Liaison/Associate General Counsel is responsible for preparing procedures to implement this policy.