Victims who believe they have been discriminated against or harassed may choose to resolve their allegations through mediation. Mediation is an informal and confidential process where parties can participate in a search for fair and workable solutions. To request mediation, the vicitm may consider the following:
- Ask the Title IX/504 Coordinator to assist in the mediation process. Note that allegations that are addressed through mediation are not required to be made in writing.
- Reach an agreement upon a variety of resolutions with the accused individual such as modification of work assignment, training for a department, or an apology.
- The victim and accused may agree to a resolution that is oral or embodied in a written agreement. With a written agreement, the parties may elect to file it with the Title IX/504 Coordinator in the event enforcement becomes necessary.
- Once a mediated agreement has been reached, it is final and cannot be the basis of a Request for Reconsideration.
- The Title IX/504 Coordinator or either party may at any time, prior to a final agreement, decide that attempts at mediation have failed. Upon such notice, the Title IX/504 Coordinator may conduct a preliminary inquiry to determine whether sexual harassment, discrimination, or violence has occurred. The mediation process may not be used if the alleged conduct constitutes criminal conduct.
Formal Complaint Process
Any student who has experienced, witnessed, or otherwise knows of sexual harassment, discrimination, or violence may file a Formal Complaint by contacting the Title IX/504 Coordinator at their respective college or center.
- A Formal Complaint can be given orally or in writing within 300 calendar days of the discriminatory act.
- Once the Formal Complaint is received by the Title IX/504 Coordinator, it will then be shared with the college President and the Office of General Counsel, whereupon the Formal Complaint will be assigned a case number.
- A copy of the Formal Complaint will be shared with the accused individual within five (5) working days of receipt by the Title IX/504 Coordinator, and will be notified that any form of retaliation against the victim, the individual who reported the discriminatory act, or potential witnesses is prohibited.
- The accused individual must respond to the Formal Complaint in writing within fifteen (15) calendar days of his or her receipt of the Formal Complaint.
Click here to view a list of Maricopa County Community College's (MCCCD) Title IX/504 Coordinators. Click here to view additional elements of the investigation process for violations of the Sexual Harassment and Discrimination policy.
Filing a Request for Reconsideration
If the individual who filed the Formal Complaint, victim, or accused individual is not satisfied with the decision of a formal investigation into the alleged discriminatory act, the individual has ten (10) working days to make a request in writing for reconsideration of the decision. This request should be directed to MCCCD's Executive Vice Chancellor and Provost. The Request for Reconsideration may be made if the individual filing the request...
- Has new information that was previously unavailable at the time of the investigaton;
- Has procedural concerns that may change or affect the outcome of the investigation;
- Percevies that there was insufficient evidence to support the investigator's findings; or
- Perceives any action taken by the college President to be too severe.
The Executive Vice Chancellor and Provost will review the findings of the investigation and recommendation of the Title IX/504 Coordinator, and respond to the Request for Reconsideration within ten (10) working days from receipt of the request. The Title IX/504 coordinator shall ensure that, prior to acting on any Request for Reconsideration, the Executive Vice Chancellor and Provost has been fully briefed regarding every component of the Sexual Harassment and Discrimination policy.
If the Executive Vice Chancellor and Provost determines that the investigation was not conducted in a fair manner, the outcome of the investigation was not consistent with the evidence, or any disciplinary action was not appropriate for the level of the allegations, the case file will be reopened and assigned for further investigation.
If the Executive Vice Chancellor and Provost concludes that the investigation was conducted in a proper manner, the outcome of the investigation was consistent with the evidence, and any disciplinary action was appropriate for the level of the allegations, he or she will—in writing-- certify that the Executive Vice Chancellor and Provost has read and thoroughly considered all of the information collected in the investigation, the investigation was conducted in a proper manner, the decision was consistent with the evidence, and deny the request for reconsideration. The written certifications and decision by the Executive Vice Chancellor and Provost will be delivered to the individual who filed the Formal Complaint, victim, and accused individual promptly after issued.
Filing an External Discrimination Complaint
The Maricopa County Community College District (MCCCD) encourages students to use the due process under the Sexual Harassment and Discrimination policy to resolve discrimination concerns. Students also have the right to file civil rights complaints with appropriate external agencies. No retaliation will be taken against any individual for filing a complaint with an external agency. The following agency accepts discrimination charges filed by, or on behalf of, students:
Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, Colorado 80204-3582