Non-Discrimination & Sexual Harassment | MVCC | Mohawk Valley Community College
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Non-Discrimination and Non-Harassment Policy and Procedure

Non-Discrimination and
Non-Harassment Policy and Procedure

  This policy and procedure does not apply to reports of sexual harassment, assault or violence.  To report a Title IX violation, sexual harassment, sexual assault or sexual violence please visit to the College’s Reporting A Complaint link.

Non-Discrimination and Non-Harassment Policy

  Mohawk Valley Community College is committed to fostering a diverse community of  faculty, staff, and students, as well as ensuring equal educational opportunity, employment, and access to services, programs, and activities.

  Mohawk Valley Community College does not discriminate on the basis of race, color, national origin, religion, creed, sex, age, disability, gender identity, sexual orientation, pregnancy, predisposing genetic characteristics, domestic violence victim status, marital status, military status, criminal conviction or retaliation for opposing unlawful discrimination practices. Mohawk Valley Community College is committed in policy, principle, and practice to maintain an environment which is free of intolerance, illegal or discriminatory behavior towards any person. This commitment is consistent with federal and state laws and College policy.

Non-Discrimination and Non-Harassment Procedures:

  Reports of harassment (excluding sexual harassment) between students are held to the process outlined by the Student Code of Conduct. Reports of discrimination based on disability may be filed with the Section 504/ADA Coordinator.  Information regarding disability related grievances can be found at http://www.mvcc.edu/accessibility-resources/notice-of-non-discrimination-policy

  The procedures in place to assure compliance with this policy are published on the College’s Title IX webpage at http://www.mvcc.edu/title-ix/procedures.

The College’s Civil Rights Compliance Officers/Coordinators are:

 Section 504/ADA: Coordinator, Office of Accessibility Resources
 Affirmative Action
 Officer:
 Executive Director of Human Resources
 Title IX
 Coordinator(s):

 Employees – Executive Director of Human Resources

 Students – Vice President for Student Affairs,
 Dean of Students


  
Reporting:

  Complainants may file a grievance alleging discrimination regarding a disability by contacting the Coordinator of Accessibility Resources.
 
  Reports of discrimination or harassment may be made to either the Executive Director of Human Resources or to the Vice President for Student Affairs, Dean of Students, and the case will be assigned to the appropriate investigator.  Either may disqualify her or himself from serving, in which case another member of the staff will be appointed as an alternate.
 
  Reports of alleged Title IX Violations may be filed with the Department of Public Safety or the Title IX Coordinators:
    Employees – Executive Director of Human Resources
    Students – Vice President for Student Affairs, Dean of Students
  
  Reports of alleged discrimination regarding a disability, alleged affirmative action based discrimination, or alleged Title IX violations or any other alleged civil rights violations for Oneida County in New York State may also be filed directly with the offices below:

Office for Civil Rights (OCR) – Enforcement Office
U.S. Department of Education

32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: 646-428-3900
Fax 646-428-3842
TDD 877-521-2172
Email: OCR.NewYork@ed.gov

And/or
 
NYS Division of Human Rights Offices (http://www.dhr.ny.gov)
333 E. Washington Street, Room 543
Syracuse, NY 13202
Telephone: 315-428-4633
InfoSyracuse@dhr.ny.gov

Procedures:

  • Reports of discrimination or harassment may be made to either the Executive Director of Human Resources or to the Vice President for Student Affairs, Dean of Students, and the case will be assigned to the appropriate investigator.  Either may disqualify her or himself from serving, in which case another member of the staff will be appointed as an alternate.
  • Retaliation for filing a complaint or for answering questions during the investigation of a complaint will not be tolerated and will result in appropriate disciplinary action.
  • The College will make every possible attempt to insure confidentiality and to limit access to information about the report to those with a need to know.
  • All reports will be investigated, and appropriate action will be taken if an individual has violated these policies.
  • Interim measures may be put into place to protect all parties.
  • Reports will be investigated and resolved within 60 calendar days.
  • The investigator will discuss reporting procedures, the report itself, informal remedies such as mediation (as agreed upon by the reporter and the accused), and formal investigation.
  • During the investigation the reporter and accused may be accompanied by an advisor of their choice.  
  • Parties will be informed of the results of the investigation.
  • A written record of the investigation will be maintained by the College.

Informal Resolution

  This is an optional process and is only available for reports of sexual harassment, sexual discrimination or stalking. If the Reporter chooses an informal resolution, there is no sworn deposition of the Reporter and the report will be limited to the Public Safety Officer submitted report.

  The College shall assign an Investigator and a Recorder (who will document the investigation). The Title IX Investigator will meet with the parties to attempt to work out an informal resolution acceptable to both. The agreed upon approved solutions will then be communicated to both parties in writing and documented accordingly.

  Appeals are not permitted with an informal process. At any time during the informal resolution process, the Reporter or the Respondent may request a formal proceeding.

  Records of the process will be retained in accordance with College policy and procedure.

  There may be cases that are determined require a more simplistic intervention. It may be that the Investigator, through his/her conversation with the Reporter or Respondent, determines that the alleged violation is less a violation and more of a miscommunication or misperception of intent and via dialogue with both parties individually comes to agreement as to how the incident may be closed to the satisfaction of both.

Formal Resolution

  This is a required process for all complaints involving sexual violence, domestic or dating violence and an optional report for sexual harassment, sexual discrimination or stalking.

  • A written report shall be provided to the Department of Public Safety by the Reporter.
  • The College shall assign an Investigator and a Recorder (who will document the investigation).
  • The Respondent shall also be initially interviewed by the Department of Public Safety or by the Investigator directly. 
  • A formal outcome of responsible or not responsible will be rendered.
  • Appeals are permitted.
  • Records of the process will be retained in accordance with College policy and procedure.

  During the course of the investigation, the Investigator may re-interview the Reporter and Respondent, who may have an advisor present. The Investigator may interview additional members of the college community and shall have access to any files and documents necessary for investigating the report. The Reporter, Respondent, witnesses, supervisors and others are expected to cooperate with the investigation. Failure to do so may result in disciplinary action and/or may have adverse consequences.

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