Complaint Procedure and Investigations
Complaint Procedure
It is the responsibility of each individual to assure that prohibited harassment, discrimination or retaliation does not occur within the University. Anyone who believes they are being harassed, discriminated or retaliated against is encouraged to immediately make a complaint. Complaints can be initiated by submitting an Incident Reporting Form at http://cm.maxient.com/reportingform.php?MountStMarysCollege.
Individuals who submit complaints via this Reporting Form will be contacted by an Intake Officer or their designee. Complaints can also be initiated by contacting one of the following Intake Officers:
- Director for Human Resources;
- Assistant Director for Human Resources;
- Associate Provost;
- Assistant Vice President of Student Affairs;
- Dean of Student Life (Chalon & Doheny);
- Dean of the Baccalaureate Program;
- Dean of the Associate in Arts Program;
- Dean of the Graduate Division;
- Dean of the Weekend/Evening College;
- Director of Campus Security;
- or the University's Title IX Coordinator
The complaining individual will be asked to identify the facts of the incident(s), the name(s) of the party(s) involved, and all relevant dates, witnesses, and documents. The complaining individual will also be encouraged to put the complaint in writing.
It is also the responsibility of all supervisory employees to immediately report allegations, observations and/or knowledge of any circumstances which could constitute unlawful harassment, discrimination and/or retaliation to an Intake Officer.
The complaining individual may be asked whether they want the University to attempt to facilitate an informal resolution, either directly or through a facilitator, or whether they want to initiate a formal complaint and investigation under this Policy. The University will assess the severity of the alleged harassment, discrimination or retaliation, and the potential risk of a hostile environment for others in the community to determine whether informal resolution may be appropriate.
When the University receives a complaint of sexual harassment or discrimination under this Policy Prohibiting Unlawful Harassment, Discrimination and Retaliation, it will determine whether the complaint also falls within the scope of the University's Title IX-Sexual Harassment Policy. Such determinations will be made on a case-by-case basis and will take into account various factor including but not limited to the nature of the report and the location of the alleged incident(s). If it is determined that a complaint falls under the University's Title IX-Sexual Harassment Policy, the complaint will be referred to the University's Title IX Coordinator and must proceed under that policy and it procedures. A complaint about the same alleged incidents of sexual harassment may not be pursued under both policies.
Affected employees and/or students may also direct complaints to the U.S. Department of Education Office for Civil Rights (1-415-486-5555). Affected employees also may direct complaints to the federal Equal Employment Opportunity Commission (“EEOC”) (1‐800‐669‐4000) and/or the California Department of Fair Employment and Housing (“DFEH”) (1‐800‐884‐1684).
Investigations
All complaints of harassment, discrimination or retaliation made to the University against any student, employee, or third party affiliated with the University will be promptly, thoroughly and objectively investigated. Investigations will be conducted in as discreet manner as possible. Investigations will include interviews of the complaining individual, the accused party, and others, as appropriate. Such interviews will be aimed at providing both parties an opportunity to present evidence and explain their version of the events. Information obtained from the investigation will be disclosed only on a need-to-know basis. At the conclusion of the investigation, the University will determine whether, based upon a preponderance of the evidence, prohibited harassment, discrimination and/or retaliation has occurred in violation of University policy and will communicate a summary of its findings in writing to the accused and the complainant. When appropriate and lawful, the University will communicate its findings to other persons who are directly concerned.
Any member of the University community who is found to have violated this Policy Prohibiting Unlawful Harassment, Discrimination and Retaliation will be subject to appropriate discipline, up to and including immediate termination or dismissal. Steps will be taken as necessary to prevent any further harassment, discrimination or retaliation.