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July 25, 2008 
69°F 
 Fair 

Policy And Procedures Relating To Title IX And Other Discrimination Complaints

1. PURPOSE AND SCOPE:

Erskine prohibits discrimination on the basis of race, color, religion, national or ethnic origin, sex, age, or disability.  Pursuant to all applicable anti-discrimination laws and regulations, Erskine does not discriminate against any of the protected categories of individuals in the administration of its policies, programs, or activities.  This Non-Discrimination Policy applies to admission policies, scholarships and loan programs, employment practices, athletic programs, and other school-administered programs except where required by specific religious tenets held by the institution.

This Policy does not replace Erskine’s Sexual Assault Policy, the Erskine Sexual Harassment Policy, or any other policies or procedures; however, any complaint that includes an allegation of sexual assault, sexual harassment, or any form of discrimination must be received by the Non-Discrimination Coordinator and such complaint shall be handled according to the procedures contained herein.

Discrimination which is prohibited by this Policy and as used throughout these procedures includes discrimination based on:

  • Title IX of the Education Act of 1972 and its implementing regulations,
  • Title VI
  • Title VII of the Civil Rights Act of 1964,
  • Sections 504 of the Rehabilitation Act of 1973,
  • The Americans with Disabilities Act (ADA) of 1990,
  • The Age Discrimination in Employment Act (ADEA) of 1967, and other federal, state and local laws and regulations.

Complaints

The person serving as the Director of Institutional Research (currently Tracy Spires) is designated Title IX, ADA, Section 504, and Title VII coordinator (herein referred to as the “Non-Discrimination Coordinator”). 

Non-Discrimination Coordinator (effective July 1, 2007)

Dr. Mary-Ruth Marshall
Office Number 21, 2nd Floor, Bowie Divinity Hall
Office Phone: (864) 379-8715
Hone Phone: (864) 379-2108
E-mail: marshall@erskine.edu

How to File Complaint

Any Erskine student or employee alleging discrimination which is prohibited under this Policy may file a complaint under these procedures.

1. Informal Resolution by the Non-Discrimination Coordinator

The complainant may seek informal resolution of his/her complaint.  If the complainant initially chooses to contact an administrative officer in a direct supervisory role (such as a supervisor, coach, department chair, director, division administrator or dean), the administrator must notify the Non-Discrimination Coordinator.  The administrator, with the assistance of the Non-Discrimination Coordinator, shall advise complainant of the options available under these procedures and may attempt to resolve the complaint.  If the administrator, with the assistance of the Non-Discrimination Coordinator is able to resolve the complaint at this level, no further action will be taken by Erskine.  The Non-Discrimination Coordinator may conduct a preliminary investigation during such informal resolution process.  If no resolution is possible at this level, the Non-Discrimination Coordinator will advise the complainant of the right to file a formal complaint and how to file under these procedures.  All investigations will be conducted as fairly and expeditiously as possible.  Every reasonable effort will be made to maintain the confidentiality of all persons involved.

2. Complaints shall be filed with the Non-Discrimination Coordinator and shall be in writing and shall provide the following information:  name and address of the complainant(s); nature, date and description of alleged violation; name(s) of persons responsible for the alleged violation; requested relief for corrective action; and any background information that the complainant believes to be relevant.

Time Limit for Filing Complaint

A complaint must be filed within sixty (60) days of the occurrence of the alleged discrimination.

Notification and Response of Respondent(s)

Upon receipt of a formal complaint, the Non-Discrimination Coordinator will give the respondent a copy of the complaint and ask the respondent to reply to the charges within ten (10) calendar days.  The response should include any denial, in whole or in part, of the charges.  Failure to respond may subject the respondent to disciplinary action.  The respondent will be specifically warned not to retaliate against the complainant in any way.  Retaliation will subject the respondent to disciplinary action.

 Role of the Non-Discrimination Coordinator

The Non-Discrimination Coordinator shall conduct an investigation of the complaint, and take one of the following steps, within thirty (30) working days after its receipt unless the Non-Discrimination Coordinator determines that more time is needed:  (1) dismiss the complaint on the grounds that the evidence submitted in support of the complaint and developed in the investigation does not warrant a formal hearing; (2) make a determination that discrimination prohibited under this Policy has occurred and provide remedies including appropriate disciplinary action; or (3) allow the parties to sign a written statement of agreement resolving the complaint.  If the Non-Discrimination Coordinator determines that more time is needed, the complainant and the respondent shall be notified.  It should be understood that without approval in writing by the Non-Discrimination Coordinator, any agreement between the parties does not preclude further action by Erskine against either party.  It is the primary responsibility of the Non-Discrimination Coordinator to insure the effective installation, maintenance, processing, record keeping, and notifications required by the complaint procedures.

Appeals of the Decision of the Non-Discrimination Coordinator

Either party has ten (10) working days to appeal to the Complaint Committee a decision by the Non-Discrimination Coordinator.  If either party appeals, the Non-Discrimination Coordinator will forward the file including any facts, evidence and results of the investigation to the Complaint Committee which shall convene to hear the appeal.

Complaint Committee

The Complaint Committee shall be made up of the Chair of the Faculty Grievance Committee, the Chair of the Students Judicial Council and three (3) members of the Erskine appointed by the President of Erskine.  The Complaint Committee shall be responsible for conducting a hearing and making a determination with respect to appeals of a decision of the Non-Discrimination Coordinator.

Committee Action

When the Non-Discrimination Coordinator receives an appeal of its decision, the Non-Discrimination Coordinator shall schedule a hearing before the Complaint Committee and shall conduct a hearing on the complaint within thirty (30) calendar days, unless the Non-Discrimination Coordinator determines that more time is needed in order to further investigate the complaint or for other reasons.  If the Non-Discrimination Coordinator determines that it is necessary to delay the hearing, the complainant and the respondent will be notified.

Hearings of the Complaint Committee

Hearings before the Complaint Committee will be conducted in accordance with the procedures designated in this procedure.

Decision of the Complaint Committee

After the hearing is concluded, the Complaint Committee shall convene to deliberate their findings and arrive at a majority decision as to the alleged policy violations and/or remedies, including disciplinary actions.  Within five (5) days after the hearing is concluded, the Complaint Committee shall transmit a written copy of the decision to the Non-Discrimination Coordinator who will mail a copy of the decision to the complainant and respondent in the United States mail at the addresses provided by the complainant and the respondent.

Appeal of Decision of the Complaint Committee

Either the complainant or respondent may appeal the decision of the Complaint Committee, by giving written notice to the Non-Discrimination Coordinator of intent to appeal the decision within fifteen (15) days of the decision.  If no such notification is received by the Non-Discrimination Coordinator within fifteen (15) calendar days, any decision for corrective actions or sanctions by the Complaint Committee shall be final.

Retaliation

No person shall be subjected to retaliation for having utilized or having assisted others in the utilization of the complaint process.

Reconciliation

Nothing in the procedure is intended to prevent the complainant and respondent from resolving the complaint by signing a written statement of agreement and submitting it for approval to the Non-Discrimination Coordinator.  If the agreement is approved, it will be placed in the file maintained by the Non-Discrimination Coordinator.

Hearing Procedure

  • All parties shall be afforded reasonable opportunity for oral opening and closing arguments and for presentation of relevant witnesses and pertinent documentary evidence.
  • The Complaint Committee shall have the right to question any and all witnesses, to examine documentary evidence presented, and to summon other witnesses as the Committee deems necessary.
  • The hearing shall be mechanically recorded.  Any party involved may obtain a copy of the recording from the Non-Discrimination Coordinator at the expense of the requesting party.  Recordings shall be maintained by the Non-Discrimination Coordinator for a period of three (3) years from the hearing date.
  • All parties shall have the right to advice of counsel of his/her choice; however, neither party may proceed through counsel.
  • At the conclusion of the hearing, the Committee shall deliberate in closed session.  Such deliberations shall not be recorded.

Presidential Appeals Committee

The Presidential Appeals Committee shall review all appeals from decisions of the Complaint Committee within thirty (30) working days from the date of the appeal.  If either party has requested an interview or is requested to appear for an interview by the Presidential Appeals Committee, then both parties must be informed.  The intent of the Presidential Appeals Committee’s review is neither to hear new evidence nor to substitute the judgment of the Presidential Appeals Committee for that of the Complaint Committee.  The intent of this review is to insure that the hearing and decisions were not arbitrary, capricious or discriminatory, did not violate the rights of the parties, and did not violate the concepts of fair play to both parties.

The Presidential Appeals Committee’s review is the final institutional step in matters of discrimination complaints.  Nothing precludes the student or employee from filing a complaint with any external agency that handles discrimination complaints.

Remedies/Disciplinary Action

Erskine shall determine appropriate remedies on a case-by-case basis.  Such remedies may include termination of employment or expulsion from Erskine, as well as any other appropriate remedy or disciplinary action.

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