Avenues for Resolving Student Discrimination Complaints

Maricopa policies have long protected students generally against discrimination on the bases of race, color, religion, national origin, gender, age, disability, Vietnam-era veteran status, and sexual orientation.

Protection against discrimination, however, is hollow unless students are provided the means to air their grievances. Consequently, Maricopa affords students the right to lodge such grievances under its Discrimination Complaint Procedures for Students.

In an effort to make them a little more accessible, the procedures recently underwent something of a make-over. As before, however, they still provide students both formal and informal complaint resolution processes.

A student who feels he or she has been the victim of discrimination in violation of Maricopa's non-discrimination policy may lodge a formal written complaint with the college's Vice President of Student Affairs.

After sharing the complaint with the respondent (in most cases the person or persons alleged to have engaged in the discriminatory acts), the Vice President will deliver the complaint to a complaint investigator. The complaint investigator might be another student affairs officer, but the Vice President can serve in that role as well.

Within 90 days after the complaint is made, the complaint investigator conducts a fact-finding inquiry.

The results of the investigation and the investigator's findings are then delivered to the Vice President of Student Affairs, who submits a recommendation on the matter (along with the investigator's findings) to the college president

The president then must accept, reject, or modify the recommendation. If the allegations are confirmed, appropriate corrective action will be taken.

A student need not proceed through the formal route in order to voice concerns over illegal discrimination. The Procedures also afford students a means of informally resolving complaints of discrimination.

Typically, the student wanting an informal resolution will seek the assistance of the Vice President of Student Affairs, who may facilitate the informal process, or ask that another employee to do so.

The Vice President must, however, approve the ultimate resolution proposed in an informal process; the resolution may be modified or rejected "if, in the judgment of the Vice President, the resolution that is proposed is not in the best interests of both the student and the institution."

In a case where the complaint cannot be informally resolved to the satisfaction of the student, he or she may then have the complaint adjudicated through the formal resolution process.

Both formal and informal processes are available to students who believe they are the victims of any sort of illegal discrimination; but a student who feels he or she has been the victim of sexual harassment additionally may invoke a special Report process.

Utilizing the Report process, the student notifies the Vice President of Student Affairs of the conduct felt to be sexual harassment. The Vice President then will meet with the alleged harasser and identify the behavior the student has reported.

Neither the Report nor the Vice President's meeting with the alleged harasser constitutes a finding that sexual harassment indeed occurred. Regardless of the means a student selects to address alleged acts of discrimination, the Procedures hold that "every effort is made" to protect confidentiality. Moreover, the Procedures give notice that retaliation against a student "who has filed a complaint or against any witness questioned during an investigation is strictly prohibited."

Maricopa's Discrimination Complaint Procedures for Students are available online.

Published in the Fall 2005 Edition of In Brief