Affirmative Action
POLICIES AND PROCEDURES REGARDING NONDISCRIMINATION, AFFIRMATIVE ACTION, HARASSMENT, SEXUAL HARASSMENT, AND AFFIRMATIVE ACTION
The Maine Community College System recognizes that unlawful discrimination in educational programs and employment-based upon race, color, religion, sex, sexual orientation, including gender identity or expression, national origin, disability, age, genetic information or status as a Vietnam era veteran can foreclose the economic opportunity to a significant number of persons. In order to avoid this inequity and to afford all persons the opportunity to achieve their rightful place in society, the Maine Community College System pledges to eliminate unlawful discrimination upon any group protected by state or federal laws and, in addition, to take affirmative action to recruit, employ and educate qualified members of under-represented groups.
Eastern Maine Community College does not discriminate as proscribed by federal and/or state law on the basis of race, color, religion, national origin, sex, sexual orientation, including gender identity or expression, age, genetic information, disability, marital, parental or Vietnam era veteran status in specified programs and activities. Inquiries about the College’s compliance with, and policies that prohibit discrimination on, these bases may be directed to TitleIX@emcc.edu. More information can be found on this page.
Non-Discrimination, Equal Opportunity, Affirmative Action Policy
Non-Discrimination, Equal Opportunity, Affirmative Action Procedures
Unless otherwise so noted, Eastern Maine Community College follows the policies and procedures of the Maine Community College System: https://mymccs.me.edu/ICS/MCCS_Policies/
Inquiries about the College’s compliance with laws that prohibit discrimination on these bases may be directed to:
Affirmative Action Officer, Business Office, Maine Hall, 354 Hogan Road, Bangor, Maine 04401, telephone number 207.974.4633, fax number 207.974.4666, AA-EOE@emcc.edu
United States Department of Education, Office for Civil Rights, 33 Arch Street, Suite 900, Boston, MA 02110, telephone 617.289.0111, TTY/TDD 617.289.0063, fax 617.289.0150, e-mail OCR.Boston@ed.gov, internet http://.www.ed.gov/about/offices/list/ocr/index.html?src=oc;
Maine Human Rights Commission (MHRC), 51 State House Station, Augusta, ME 04333-0051, telephone 207.624.6050, TTY/TTD 207.624.6064, fax 207.624.6063, internet http://www.state.me.us: and/or
Equal Employment Opportunity Commission, 475 Government Center, Boston, MA 02203, telephone 617.565.3200 or 1.800.669.4000, TTY 617.565.3204 or 1.800.669.6820, fax 617.565.3196, internet http://www.eeoc.gov/.
Inquiries about the College’s policies that prohibit discrimination on these bases may be directed to the Affirmative Action Officer or MHRC identified above.
AFFIRMATIVE ACTION
The College pledges to take affirmative action to recruit, employ and educate qualified members of those groups presently under-represented. The College is committed to an Affirmative Action Program designed to increase as practicable the members of gender or minority groups in employment positions where they are under-represented; increase the numbers of gender or minority groups in educational programs and activities where they are under-represented, and administer College policies and procedures in accordance with these goals
Recruitment and Selection of Employees
Goal
It is the goal of the College to seek and retain the best-qualified persons available for its employees. The College will act affirmatively to employ throughout the College individuals from traditionally under-represented groups.
It is the goal of the College to establish fair and meaningful criteria to be used for the selection of all job applicants. Any standards or criteria which have had the effect of excluding gender or minority groups shall be eliminated unless the College can demonstrate that such standards or criteria are conditions of successful performance in the particular position involved.
Objectives
In filling openings, the College will act affirmatively to recruit in such a way that individuals from traditionally underrepresented groups will have notice of, and an opportunity to be considered for, employment.
When possible, under-represented groups will be included on all selection committees. All questions asked of candidates will remain as consistent and job-related as practicable throughout the selection process.
Activities
To recruit internal candidates, announcements of the job vacancies and the College’s Non-Discrimination Policy Statement will be sent to Maine’s Community Colleges’ Human Resource Offices according to the guidelines established in negotiated contracts.
External candidates are recruited through a variety of means, including but not limited to: advertisements in the Bangor Daily News, Portland Press Herald, Lewiston Sun Journal, Kennebec Journal, Waterville Sentinal, Maine Sunday Telegram, the Boston Globe, and Maine Job Service; online recruiting sites such as Indeed, Higher Ed Jobs, Maine Job Link, Jobs in Maine; as well as publications and agencies found to serve the under-represented groups. Job descriptions will be stated in terms of the bona fide minimum qualifications, duties, skills, and abilities required to carry out the responsibilities of the position.
Members of employment search committees will have diversity/non-discrimination training. Prior to each interview process, a list of questions to be asked consistently of each interviewee will be developed by the search committee.
Applicant flow data will be maintained by the College Human Resources Office and will be available for review by the Chair of the College’s Affirmative Action Committee. This data will include the date of application, gender, and ethnicity information if known, and the action taken.
Student Admissions and Services
Goal
It is a goal of the College to act affirmatively to admit and serve students from traditionally under-represented groups. The College embraces the educational values served by a diverse student body. Any standards or criteria which have had the effect of excluding gender or minority groups shall be eliminated unless the College can demonstrate that such standards or criteria are conditions of successful performance in the particular field of study.
Objective
All applicants will be evaluated for admission based on the criteria and standards established for College programs.
Activities
Recruitment program presentations will reflect the College’s Equal Opportunity Admissions Policy. The College will maintain a data file on the number of underrepresented groups enrolled in each course of instruction. A file will be kept in the Enrollment Management and Institutional Research Office. The Coordinator of Disability Services will also maintain data regarding individuals with disabilities. Recruitment literature will be used that encourages applications of traditionally under-represented groups to non-traditional technologies.
Policies and regulations with regard to equal access of student services will be reviewed before the printing of each new college catalog and student handbook. Student activities will be made known to students through the college catalog, student handbook, school newspapers and other college publications. The College will maintain various committees to respond to student needs and concerns regarding equal access to services.
COMPLAINT PROCEDURES
This section governs procedures for filing and responding to complaints regarding harassment, sexual harassment, discrimination, and/or affirmative action.
Report of Complaint
Where to Report
Any person who believes that he or she has been discriminated against or harassed (“complainant”) must make a timely report to the College’s ND/AA Officer as set forth herein. The ND/AA Officer may be contacted at Maine Hall, 354 Hogan Road, Bangor, Maine 04401, telephone number 207.974.4633, fax number 207.974.4666, AA-EOE@emcc.edu.
If the ND/AA Officer is the person alleged to have discriminated against or sexually harassed, the complainant should report the complaint to the College President. The College President will then assign a person other than the ND/AA Officer to investigate the complaint. The College President may be contacted at President’s Office, Katahdin Hall, 354 Hogan Road, Bangor, Maine 04401, telephone number 207.974.4691, fax number 207.974.4888, president@emcc.edu.
If the College President is the person alleged to have discriminated against or harassed, the role of the College President in this Procedure will be executed by the MCCS Director of Human Resources, who may be contacted at 323 State Street, Augusta, Maine, 04330; ph: 207.629.4000, or that Director’s designee.
When to Report
A complainant should report their complaint as soon as possible after the first date of the alleged discrimination or harassment and must report, if at all, not later than 180 calendar days after the last date of the alleged discrimination or harassment.
How to Report
A complaint may be made orally or in writing, and it must be particular. It must disclose the identity of the person(s) alleged to have engaged in discrimination or harassment (“respondent”), and the location(s), date(s), and description of the alleged acts. If a complainant discusses a complaint with an employee of the College, that employee should promptly refer the complainant to the ND/AA Officer and inform that Officer of that employee’s knowledge of that complaint.
Notwithstanding the procedures for making a sexual harassment/Title IX complaint, the College cannot take complaints “off the record.” Once the College receives such information, it has a duty to investigate and possibly take action even if, at the time of the complaint, the complainant does not want the College to do either. Unless the complainant signs a written statement specifying withdrawal of the complaint, the complainant may not be deemed to have withdrawn her or his complaint.
A report filed under this Procedure will not be deemed to be a “grievance” under any applicable collective bargaining agreement. If a complainant seeks to file a collective bargaining-based grievance, the complainant must do so in addition to complying with this Procedure.
Disability Accommodation Complaints
A person whose discrimination complaint relates to a disability accommodation must first comply with the College’s ADA or Disability Services policy and procedure and present any such concerns to the College’s ADA or Disability Coordinator prior to reporting a complaint to the ND/AA Officer. The College’s ADA or Disability Coordinator may be contacted at Maine Hall, 354 Hogan Road, Bangor, Maine 04401, telephone number 207.974.4633, fax number 207.974.4666, AA-EOE@emcc.edu
Investigation of Complaints
The following procedures apply to the investigation of discrimination and harassment complaints. In some instances, the College President or MCCS Director of Human Resources may authorize a qualified person other than the ND/AA Officer to conduct the investigation and/or act upon its findings, which person shall then assume the ND/AA’s duties as designated.
Informal Procedure
The ND/AA Officer will attempt to resolve a complaint of discrimination or harassment as informally as possible by seeking information and cooperation from both the complainant and respondent.
If the parties agree to use this Informal Procedure, such Procedure will be completed within 20 working days of the ND/AA Officer’s receipt of the complaint. This time frame may be extended by the ND/AA Officer as the Officer deems reasonably necessary, provided that any such extension does not impose undue delay, and provided further that the ND/AA Officer documents the dates of, and reasons for, each delay.
If either the complainant or respondent declines to use the Informal Procedure, or such Informal Procedure is not otherwise successful, the ND/AA Officer will use the following Formal Procedure.
Formal Procedure
The Formal Procedure, if used, will be completed within 60 calendar days of the ND/AA Officer’s receipt of a complaint under this Procedure.
- Within 10 working days of receiving the complaint
Within 10 working days of receiving the complaint, the ND/AA Officer will:
- meet with the complainant to discuss the complaint;
- provide to the respondent that notice of the complaint as may be
required by either the Student Code of Conduct or the collective bargaining agreement;
- begin to collect evidence and arrange interviews of witnesses; and
- interview the respondent.
- Within 5 working days of completing the investigation
An investigation is complete when the pertinent supervisor and ND/AA Officer determine that no additional fact-finding is required. Within 5 working days of completing the investigation, the College will decide upon its response to the complaint and so inform the complainant and respondent of the nature of that response. Student and employee privacy obligations may prevent the College from disclosing to the complainant the details of the specific action that the College will take.
- Extension and Coordination of Above Time frames
The time frames specified above may be extended by the ND/AA Officer as the Officer deems reasonably necessary, provided that any such extension does not impose undue delay, and provided further that the ND/AA Officer documents the dates of, and reasons for, each delay.
In addition, this Formal Procedure must be applied as consistently as possible with the related procedures set forth in the MCCS Student Code of Conduct and MCCS collective bargaining agreements. When a time frame specified in this Formal Procedure conflicts with a specific time frame set forth in the Student Code of Conduct or collective bargaining agreement, the time frame in the Code and agreements shall control, provided that such control shall not unduly delay the completion of the College’s investigation under this Procedure.
Interim Steps
While a complaint is under review, the ND/AA Officer may recommend to the appropriate supervising authority at the College that such authority take, consistent with the applicable procedures and standards set forth in the College’s Student Code of Conduct and/or any employment policy or agreement, any appropriate or necessary interim action such as removing the complainant from contact with the respondent.
Limit on Confidentiality
The College may need, as part of its investigation, to disclose the complainant’s name, statements and allegations to certain relevant other persons, including the alleged discriminator or harasser.
Action Upon Findings from the Investigation
If the College determines that it will take disciplinary or other responsive action as a result of its investigation that action will be taken without undue delay as follows.
Action Against a Student
To implement discipline or other action in response to complaints against a student, the College will use the MCCS Student Code of Conduct.
Action Against an Employee
To implement discipline or other action in response to complaints against an employee, the College will use the applicable collective bargaining agreement or other pertinent employment policy.
Action Against Others
To implement discipline or other action in response to complaints against a contractor or other party, the College will consult with the College President.
Action to Address Disability Accommodations
To address the College’s provision of disability accommodation, the College will follow its pertinent ADA or Disability Services protocol.
Appeals of College Response to Complaint
Any appeals from action taken shall be taken pursuant to the applicable Code, collective bargaining agreement or employment policy. Only if those sources do not provide an appeal process to an affected party, then the following appeal process shall apply.
Within 10 working days of receiving the report of the investigation, a party to the complaint who is aggrieved by the decision (“appellant”) may appeal to the College President (or to the MCCS Director of Human Resources if the College President is the respondent to the complaint). Within 10 working days of receipt of the appeal, the College President will meet with the appellant to discuss the appeal. Within 10 working days after the meeting, the College President will inform the appellant and other parties to the complaint of the College President’s decision on the appeal. Such time frames may be extended by the College President as the President deems reasonably necessary, provided any such extension does not impose undue delay and provided further that the ND/AA Officer documents the dates of, and reasons for, each delay.
External Complaint Procedures
In addition to, or in place of, filing a complaint through this Procedure, a complainant has the right to file a private lawsuit or a complaint with outside agencies. For example, a complaint alleging discrimination in the College’s education programs and/or activities under Title VI of the Civil Rights Act of 1964 (race, color, national origin), the Age Discrimination Act of 1975 (age), Title IX of the Education Amendments of 1972 (sex), Section 504 of the Rehabilitation Act of 1973 (disability), and/or Title II of the Americans with Disabilities Act of 1990 (disability) may be filed with the United States Department of Education, Office for Civil Rights, 33 Arch Street, Suite 900, Boston, MA 02110, telephone 617.289.0111, TTY/TDD 617.289.0063, fax 617.289.0150, e-mail OCR.Boston@ed.gov, internet http://www.ed.gov/about/offices/list/ocr/index.html?src=oc.
The Federal government agency that has the responsibility for enforcing anti-discrimination laws in regard to employment is the United States Equal Employment Opportunity Commission, which may be contacted at 475 Government Center, Boston, MA 02203, telephone 617.565.3200 or 1.800.669.4000, TTY 617.565.3204 or 1.800.669.6820, fax 617.565.3196, internet http://www.eeoc.gov/.
The State agency in Maine that has the responsibility for enforcing anti-discrimination laws is the Maine Human Rights Commission, which may be contacted at 51 State House Station, Augusta, ME 04333-0051, telephone 207.624.6050, TTY/TDD 207.624.6064, fax 207.624.6063, internet http://www.state.me.us/mhrc/index.shtml.
Retaliation
Retaliation against any person who in good faith either files a discrimination or harassment complaint or otherwise participates in the complaint process is a violation of law and MCCS policy. Complaints alleging retaliation of any kind shall be reported immediately to the ND/AA Officer as set forth in Section 7.1.
Other Provisions
Communication with Disabled Persons
In implementing this Procedure, the College must communicate with a complainant who has a disability in a format accessible to the complainant.
Record Retention
Unless otherwise directed by the MCCS Human Resources Director or MCCS General Counsel, the AA/ND College will retain a record of all information, complaints, decisions, appeals, and responses handled under this Procedure for at least three (3) years.
Interpretation of this Procedure
This Procedure intends to make as clear and consistent as practical the College’s best practices in complying with state and federal laws. This Procedure is not intended, and shall not be construed, to create or expand substantive or procedural rights under any law.
LIST OF RESPONSIBLE INDIVIDUALS
COLLEGE PRESIDENT
Wayne Burton, Interim President, 207.974.4691, president@emcc.edu
AFFIRMATIVE ACTION OFFICER
Cindy Kasprzak, Director of Finance, 207.974.4685, AA-EOE@emcc.edu
GENDER EQUITY COORDINATOR
Elizabeth Russell, 207.974.4603, (For Academic and outside class issues) erussell@emcc.edu
STUDENT DISCIPLINARY OFFICER
Elizabeth Russell, 207.974.4603, (For Academic and outside class issues) erussell@emcc.edu
ADA COMPLIANCE COORDINATOR
Cindy Kasprzak, Director of Finance, 207.974.4685, AA-EOE@emcc.edu
AFFIRMATIVE ACTION COMMITTEE MEMBERS
Christopher W. Maseychik, Instructor, 207.974.4643, cmaseychik@emcc.edu
Roland W. Clukey, Instructor, 207.974.4643, rclukey@emcc.edu
Debora J. Rountree, Associate Dean of Outreach Services, Katahdin Regional Higher Education Center, 1.800.498.8200, drountree@emcc.edu
Elizabeth C. Worden, Associate Academic Dean of Academic Support Services, 974.4658, eworden@emcc.edu
MCCS HUMAN RESOURCES DIRECTOR
Rob Nadeau, Director of Human Resources, 629.4000, rnadeau@mccs.me.edu
MCCS GENERAL COUNSEL
Sally Meredith, Assistant General Counsel, 207.767.0116 smeredith@mccs.me.edu
DISCIPLINARY OFFICERS
Elizabeth Russell, 974.4603, erussell@emcc.edu (Academic violations and concerns)
Elizabeth Russell, 974.4603, erussell@emcc.edu (Staff and Faculty violations and concerns) and/or
Cindy Kasprzak, Director of Finance, 207.974.4685, AA-EOE@emcc.edu (Personnel Issues, Staff and Faculty violations and concerns)