Student Discrimination Complaint Procedures
Reflect Significant Modifications

Important changes have been made to Maricopa’s Discrimination Complaint Procedures for Students.

The Procedures have long been a key component of the District’s long-standing commitment to ensuring that students are able to learn in an environment that is free of discrimination.

One goal of the new changes is to ensure that both students and employees alike understand that the Procedures are the appropriate means of addressing allegations that a student has experienced discrimination that is prohibited under Maricopa policies.

Those policies outlaw discrimination on the bases of race, color, religion, gender, ethnic origin, age, veteran status, disability, and sexual orientation.
The changes, however, do more. They provide assurance to students that “every resolution process” be administered “in an impartial manner, and shall fully consider all facts discovered in the course of any investigation before a resolution is reached.”

They also ensure that every party in a complaint resolution “have full opportunity to present all information and documentation the party feels is germane to the complaint.”

Most importantly, however, the Procedures make it clear that they are the determining process for discrimination complaints, and that all such complaints should be referred to the college’s Vice President of Student Affairs.
In light of the fact that Maricopa affords students various grievance processes (e.g. academic appeals, non-academic matters, etc.), the clarification is necessary.

Another important change provides guidance to students, employees and complaint investigators about how a resolution process (Informal, Formal, or Report) is administered. Any investigation consists of a thorough review of facts and contact with persons having information relevant to an investigation.
It never requires, however, that a student who has made a claim of discrimination engage in face-to-face dialog with a respondent during the course of an investigation.

Accordingly, the new Procedures now hold that “at no time shall a student who has made an allegation of discrimination under these Procedures be asked or required in any way by a college official to engage in any direct confrontation with any person alleged to have committed an act of discrimination.”

Finally, the new Procedures reiterate what is likely the most significant objective of any investigation of allegations of discrimination against students: to ensure that such conduct never occur again in the future.

“The Vice President of Student Affairs shall ensure,” the Procedures now hold, “that all appropriate corrective action that is warranted as a result of any complaint resolution will be taken, and shall employ best efforts to ensure that the college prevents recurrence of discrimination in the future.”

To read Maricopa’s Discrimination Complaint Procedure for Students, please visit the Office of General Counsel’s website at www.maricopa.edu/legal, and click “Civil Rights.”

Published in the Fall 2007 Edition of In Brief