Affirmative Action

AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY POLICY STATEMENT

Moraine Park Technical College is committed to compliance with the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990, as amended; Titles VI and VII of the 1964 Civil Rights Act, as amended; the Age Discrimination Acts of 1967 and 1973; the Equal Pay Act of 1973, as amended; the Civil Rights Restoration Act of 1987; Title IX of the 1972 Education Amendments; Section 504 of the 1973 Rehabilitation Act; the Wisconsin Fair Employment Law; Federal and Wisconsin Executive Orders; Wisconsin Administrative Code; the Carl D. Perkins Vocational Education Act; and the Office for Civil Rights Guideline stating that no person shall be denied benefits, excluded from participation, or subjected to discrimination because of race, color, religion, national origin, ancestry, creed, sex, disability, arrest record, conviction record, age, veteran status, membership in National Guard, State Defense Force, or other reserve component of the military forces of Wisconsin or the United States, marital status, pregnancy, sexual orientation, political affiliation, parental status, genetic testing and the use or nonuse of lawful products off the employer's premises during nonworking hours.

It is the policy of Moraine Park Technical College to maintain an Affirmative Action and Equal Opportunity Program. This program includes equal opportunity and nondiscrimination for all employees, applicants for employment and students.

Affirmative Action

Moraine Park Technical College will make serious efforts to recruit, train, and place minority, disabled, and female persons where these members are presently under-utilized. Equal employment includes, but is not limited to, recruitment, selection, hiring, training, promotion, transfer, layoff, and return from layoff, compensation, and fringe benefits. In response to an employee's request, reasonable accommodations will be provided for disabled individuals and for religious practices.

Vendors

The College will seek assurance from all contractors and suppliers of products and services that they do not discriminate. The purchase of products and services from women, minority, and disabled business owners will be encouraged.

Affirmative Action/Equal Opportunity Plan

The College will maintain an Affirmative Action/Equal Opportunity Compliance plan demonstrating its commitments and efforts towards equal employment opportunities and equal educational program opportunities. Equal education program opportunity includes, but is not limited to access to courses and programs; admissions; student policies and their applications; counseling, guidance and placement services; physical education and athletics; financial assistance; work study; and extracurricular activities. The educational climate will be conducive to and supportive of cultural and ethnic diversity. The plan will include specific goals and timetables for accomplishing results.

Equal Opportunity Officer and Committee

The Moraine Park Technical College District Board has appointed an Equal Opportunity Officer - Staff and Equal Opportunity Officer - Student who have joint responsibility for developing, coordinating, and monitoring all of the college's compliance activities. Questions should be directed to Equal Opportunity Officer, at 235 N. National Avenue, P. O. Box 1940, Fond du Lac, WI 54936-1940. The college has an Equal Opportunity Committee consisting of member representatives who are selected from minority, female, and disabled persons whenever possible. The committee was organized and has been active since 1974.

Harassment Policy Statement

Moraine Park Technical College is committed to compliance with present law and guidelines prohibiting harassment in education and employment.

Harassment by employees, non-employees, or students, on the basis of race, color, sex, national origin, age, disability or other protected status is an illegal practice prohibited by Moraine Park Technical College.

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitutes sexual harassment when the following occurs:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's
    employment, or academic success;
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment
    decisions or academic standing affecting such individuals; or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance
    or creating an intimidating, hostile, or offensive work environment.

Harassment based upon race, color, sex, national origin, age, or disability includes ethnic or racial slurs or other verbal and/or physical conduct relating to a person's race, color, sex, national origin, age, or disabling condition which interferes with an individual's work performance or creates an intimidating, hostile, or offensive environment. Moraine Park Technical College will not tolerate harassment by its employees, non-employees, or students. Any person who engages in harassment will be subject to disciplinary action and/or termination.

The college has established policies and procedures to protect students, staff, and others from harassment and discrimination. Any person who believes that their affirmative action rights have been violated has the right to file a grievance. The grievance should be filed within 300 days. The Moraine Park Discrimination Grievance Procedure should be used. Copies are available in all campus school offices as well as the District Office. This action does not preclude the grievant from seeking additional recourse through an appropriate outside agency.

Revised: June 2007

Dr. Gayle Hytrek
President

Lisa Mader
District Board Chairperson

DISCRIMINATION GRIEVANCE PROCEDURES

Title IX, Paragraph 86.6(b), of the regulations, requires that this agency adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by . . . (Title IX) . . . Section 504 of the 1973 Rehabilitation Act, Paragraph 84.7(b) of the regulations, requires that this agency adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolutions of complaints alleging any action prohibited by . . . (Section 504) . . . This agency has expanded the grievance procedures to include discrimination prohibited by the several federal and state laws that prohibit discrimination in employment and programming in educational institutions and agencies. These include the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990, as amended; Titles VI and VII of the 1964 Civil Rights Act, as amended; the Age Discrimination Acts of 1967 and 1973; the Equal Pay Act of 1973, as amended; the Civil Rights Restoration Act of 1987; Title IX of the 1972 Education Amendments; Section 504 of the 1973 Rehabilitation Act; the Wisconsin Fair Employment Law; Federal and Wisconsin Executive Orders; Wisconsin Administrative Code; the Carl D. Perkins Vocational Education Act; and the Office for Civil Rights Guidelines. These laws collectively prohibit discrimination in employment and programming on the basis of race, color, religion, national origin, ancestry, creed, sex, disability, arrest record, conviction record, age, veteran status, membership in National Guard, State Defense Force or other reserve component of the military forces of Wisconsin or the United States, marital status, pregnancy, sexual orientation, political affiliation, parental status, genetic testing and the use or nonuse of lawful products off the employers premises during nonworking hours.

Employees discriminating against students, staff or nonemployees will be subject to discipline under appropriate Moraine Park Technical College employment policies and, as applicable, collective bargaining agreements. Students discriminating against other students, staff or nonemployees will be subject to discipline under the applicable student code of conduct. Moraine Park will take necessary corrective action to remedy any instances where discrimination is determined to have occurred.

Use of these procedures does not preclude the right of a person to also file complaints with the Equal Rights Division of the Department of Workforce Development, the Office for Civil Rights, the U.S. Equal Employment Opportunity Commission or the U.S. Wage and Hour Division in the Department of Labor. Most antidiscrimination laws have a time limit of from 180 to 300 days during which an individual may file a complaint.

I. Definitions

  1. Grievance: Grievance means a complaint alleging discrimination on the basis of race, color, religion, national origin, ancestry, creed, sex, disability, arrest record, conviction record, age, veteran status, membership in National Guard, State Defense Force or other reserve component of the military forces of Wisconsin or the U.S., marital status, pregnancy, sexual orientation, political affiliation, parental status, genetic testing and the use or nonuse of lawful products off the employers premises during nonworking hours, in regard to any employment or enrollment policy, procedure or practice of the College.
  2. Discrimination: Discrimination shall mean a difference in treatment in any service, program, course or facility of Moraine Park Technical College on the basis of race, color, religion, national origin, ancestry, creed, sex, disability, arrest record, conviction record, age, veteran status, membership in National Guard, State Defense Force or other reserve component of the military forces of Wisconsin or the United States, marital status, pregnancy, sexual orientation, political affiliation, parental status, genetic testing and the use or nonuse of lawful products off the employers premises during nonworking hours.
  3. Harassment: Harassment by Moraine Park employees, nonemployees or students is a practice prohibited by law and by Moraine Park Technical College. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitutes sexual harassment.
  4. Grievant: Grievant means:
  1. An employee (permanent, project or limited term) of Moraine Park Technical College.
  2. An employee or group of employees of Moraine Park Technical College submitting a grievance on behalf of an employee who has indicated in writing his/her willingness to be part of the grievance.
  3. An applicant for employment with Moraine Park Technical College.
  4. An applicant for admission to, or a student of, any program who wishes to grieve an alleged discriminating policy, procedure or practice of Moraine Park Technical College.
  5. An applicant for employment or an employee of Moraine Park Technical College who wishes to grieve an alleged discriminating policy, procedure or practice of Moraine Park Technical College.
  6. Any other person not covered by the above definition will be referred to the appropriate civil authorities.

Respondent

Respondent means a person and/or persons alleged to be responsible, or who may be responsible for the violation alleged in a grievance. The term may be used to designate persons with direct responsibility for a particular action or those areas covered in the grievance.

Equal Opportunity Officer

The employee designated by the Moraine Park Technical College District Board who has the responsibility of coordinating the internal grievance procedure.

II. Grievance Procedure

A. Informal Grievance Procedure

  1. Grievant(s) shall, within 300 calendar days of the date of the action causing the grievance, contact the Equal Opportunity Officer. If you believe the Equal Opportunity Officer is responsible for or has permitted discrimination to occur, you should report the matter immediately to the other Equal Opportunity Officer. If you believe both Equal Opportunity Officers are responsible for or have permitted discrimination to occur, you should report the matter to the Vice President Human Resources or Vice-President Enrollment Management.
  2. The informal grievance may be verbal or in writing.
  3. The Equal Opportunity Officer shall inform the grievant(s) of his/her rights under federal and state law.
  4. The Equal Opportunity Officer shall determine if the grievance is valid under the established grievance procedure. Validity does not mean whether or not an unfair act has occurred but whether or not the act is grievable under the grievance procedure.
  5.  The Vice President Human Resources or the Vice President Enrollment Management shall resolve any question of validity. If the grievant believes the Equal Opportunity Officers are responsible for or have permitted discrimination to occur and therefore the Vice President Human Resources or the Vice President Enrollment Management are completing the informal grievance process, the President shall resolve any question of validity.
  6. The Equal Opportunity Officer shall attempt, within 14 calendar days, to conciliate the informal grievance through contact with all parties involved.
  7. Failing conciliation, within the 14 days specified in F, the formal grievance process will begin.

B. Formal Grievance Procedure

Step I

  1. Within seven calendar days of the failure of conciliation of the informal grievance process, the grievant(s) shall file a written grievance with the Equal Opportunity Officer. Failure to meet this time requirement will cause the dismissal of the grievance without prejudice. If you believe the Equal Opportunity Officer is responsible for or has permitted discrimination to occur, you should report the matter immediately to the other Equal Opportunity Officer. If you believe both Equal Opportunity Officers are responsible for or have permitted discrimination to occur, you should report the matter to the Vice President Human Resources or Vice-President Enrollment Management.
  2. The grievance shall be a clear, concise statement indicating:
        the date the incident(s) or violation(s) took place,
        the specific issues involved,
        new information since the informal decision,
        reason for enacting the formal grievance procedure, and
        the relief sought.
  3. Within seven calendar days of the receipt of the written grievance (see #2 above), the Equal Opportunity Officer shall forward a copy to the respondent(s).
  4. The respondent(s) shall return a written answer to the grievant(s) within five working days. Based on the information provided, the grievant and the respondent may agree to an optional, joint meeting with the Equal Opportunity Officer(s) in an attempt to resolve the grievance.
  5. If the grievant(s) is/are dissatisfied with the respondents answer, the grievance may be appealed to Step II.

Step II

  1. Within seven calendar days of the receipt of the written answer in Step I, a Grievance Committee shall be formed to review the grievance, receive testimony and make recommendations to the president. This committee serves as the presidents hearing panel.
  2. The Grievance Committee shall be selected from the Equal Opportunity Committee.
  3. The committee shall consist of four members, selected as follows:

    a.one member selected by the complainant

    b.one member selected by the respondent(s)

    c.one member appointed by the president

    d.the Equal Opportunity Officer, who shall serve as Executive Secretary of the committee, but shall not vote

    e.a nonvoting observer who is a member of the Equal Opportunity Committee and who shall act as a recorder
  4. A meetingdate shall be scheduled within 15 days of the appointment of the Grievance Committee.
  5. The committee shall select a chairperson.
  6. Before the meeting, the Grievance Committee shall participate in an orientation session provided by the Equal Opportunity Officer and his/her designated representative. The orientation will include a review of the federal and state anti-discrimination legislation and related guidelines.
  7. Persons present at the grievance meetingshall include the grievant(s), the respondent(s), and the representative(s) of either the grievant(s) or the respondent(s), and any individual requested by either party to provide information relevant to the evaluation of the grievance, and the Grievance Committee.
  8. The grievance meeting shall be informal, and it is a closed meeting.
  9. The Grievance Committee is not bound by common law or statutory rules of evidence and may consider evidence deemed reliable.
  10. Both the grievant(s) and the respondent(s) shall have the right to present such witnesses as they deem necessary to develop the facts pertinent to the grievance.
  11. Formal rules of evidence shall not be applied at the grievance meeting. The grievant(s) and respondent(s) shall have the right to ask questions of any person participating in the hearing.
  12. Neither party shall be permitted to introduce information not presented at Step I, unless he/she can show cause as to why it was not introduced in Step I.
  13. The Grievance Committee shall make written notification of its findings to the president within seven calendar days after the hearing. The findings shall include the committees determination regarding the validity of the grievance and its recommendations for any necessary corrective action, as well as a statement of the reasons on which the findings were made.
  14. All findings and recommendations of the Grievance Committee shall be determined by majority vote. Any committee member in disagreement with the majority shall have the option of preparing a dissenting opinion.

Step III

  1. The president shall review the recommendations of the Grievance Committee and issue a decision within 14 calendar days of the date of the recommendations.
  2. Prior to this decision, either the respondent(s) or grievant(s) may present written arguments to the president.

Final Decision

  1. Either the respondent(s) or grievant(s) may appeal the presidents decision. Notice of appeal must be sent to the chairperson of the Moraine Park Technical College District Board.
  2. Written notice of appeal must be made within 30 days of the date of the presidents decision. Notice of appeal must be sent to the chairperson of the Moraine Park Technical College District Board.
  3. The decision of the Moraine Park Technical College District Board shall constitute the final decision pursuant to any grievance.

C. Restrictions

  1. No action relating to employment, termination, transfer, demotion or rates of pay for employees or suspension or expulsion of a student can be taken until the grievance has been resolved, unless such action is decided necessary to the well-being of the grievant or to the function of Moraine Park Technical College.
  2. Neither the grievant(s) nor the respondent(s) shall arbitrarily delay action of the grievance procedure.

D. Extension of Time

  1. Limits set by this procedure may be extended by the Equal Opportunity Officer if requested by the respondent or grievant. If the Equal Opportunity Officer is requesting an extension of time, they will notify the grievant and respondent in writing. Every effort will be made to resolve grievances in a timely manner.

E. Grievant Rights

  1. Grievant(s) may request access to information and records in the possession of Moraine Park that may bear upon the validity of the grievance. If such requested information requires an unreasonable expenditure of the resources by the College, such request may be refused provided that the information is not submitted as evidence by the respondent(s), and that this refusal is considered during the Grievance Committee hearing. In order to protect the privacy of persons not directly involved in the grievance proceeding, the College shall reserve the right to expunge names and any identifying information not directly relevant to the substance of the grievance from any information or records supplied to the grievant.
  2. The grievant(s) has/have the right to be represented by knowledgeable persons, organizations or groups of his/her selection at any point during the initiation, filing or processing of the grievance.
  3. Moraine Park Technical College shall provide assistance to grievant(s), including access to copies of antidiscrimination laws and regulations, related guidelines, memoranda and other relevant material supplied Moraine Park Technical College by the federal government. In addition, the Equal Opportunity Officer or designated representative shall provide consultation in the use of this grievance procedure.
  4. No person shall be subjected to discharge, suspension, discipline, harassment or any form of discrimination for having utilized or having assisted others in the utilization of the grievance process.
  5. Nothing in these procedures shall preclude a grievants right to seek other avenues of redress outside this agency.

F. Maintenance of Records

  1. The Grievance Committee hearing shall be recorded. Such recordings shall be made available to the grievant(s) and the respondents(s) at their request. Such recordings shall be maintained for a period of three years after resolution of the grievance.
  2. Records shall be kept of each grievance in the office of the Equal Opportunity Officer. These shall include, at a minimum, the name of the grievant(s) and his/her position at Moraine Park Technical College; the date of the grievance filing; the specific allegation made in the grievance and any corrective action requested; the names of respondent(s); the levels of processing and the resolution dates; hearing committee members; a summary of the major points, facts and evidence presented by each party to the grievance; and a statement of the final resolution and the nature and date of any corrective action taken. Such records shall be maintained on a confidential basis.
  3. For purposes of dissemination of grievance precedents, separate file records shall be kept that indicate only the subject matter of each grievance, the resolution of each grievance and the date of the resolution. These records shall not refer to any specific individuals, and they shall be open to the public.
  4. All written grievance records shall be maintained for a minimum of three years after the grievance resolutions.

G. Role of the Equal Opportunity Officer

1. It is the primary responsibility of the Equal Opportunity Officer to ensure the effective installation, maintenance, processing, recordkeeping and notification required by the grievance procedure.

H. Referral Services

  1. Department of Workforce Development
  2. Equal Employment Opportunity Commission