Procedures for Investigating EEO Complaints

These procedures became effective December 1, 2018

For complaints filed prior to December 1, 2018, please refer to the old procedures which are available from the EEO Office at District. Send email request to deric.hall@domail.maricopa.edu.

To ensure that Maricopa County Community College District (MCCCD) is free from unlawful discrimination, unlawful harassment, and impermissible retaliation, all employees, students, and visitors are expected to follow the MCCCD Anti-Discrimination, Anti-Harassment, and Anti-Retaliation provisions found in MCCCD Administrative Regulation 5, including 5.1.1 – 5.1.16, (the Equal Employment Opportunity (EEO) Policies).
Complaints may be brought under these procedures for suspected claims of discrimination based on race, color, religion, sex, sexual orientation, pregnancy, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status, or genetic information, or for suspected claims of retaliation. For claims involving gender and sex discrimination (including sexual harassment), the Title IX Policy, A.R. 5.1.16, has primary jurisdiction. Even claims involving gender and sex discrimination only between employees will be referred to the Title IX process for primary review.
MCCCD employees and students shall immediately report any suspected violations of the EEO Policies. Employees may report to their own supervisor, to another supervisor, or to the EEO Office pursuant to the process outlined here. Students may report to a faculty member, another staff member, or may file a complaint with the EEO Office pursuant to the process outlined here.
1. Any MCCCD employee who receives information about suspected violations of the EEO Policies must forward the information to the EEO Office or to a MCCCD supervisor with the authority to address the suspected violations.
2. Employees and students should keep in mind that delaying the immediate reporting of an allegation often hinders a proper investigation and can also unnecessarily subject the Complainant to continued unlawful discrimination, harassment, and/or retaliation.
General Principles
1. The MCCCD EEO Office will investigate complaints by, or about, employees against employees or visitors.
  1. The EEO Office serves as a neutral, fact-finding party. The EEO office will review its role with the person making the complaint (the Complainant), the person(s) who allegedly performed the alleged discriminatory or retaliatory act (the Respondent), any witness, and any other relevant person.
  2. If the allegation has been made against or by a student, the EEO Office will promptly refer that complaint to the applicable Title IX Coordinator.
2. The confidentiality and privacy of all parties involved during the EEO Complaint Process will be maintained to the fullest extent possible. However, the MCCCD does not promise absolute confidentiality.
3. The Complainant may, at any time, withdraw an allegation or complaint by notifying the EEO Office in writing. However, the EEO Office reserves the right to continue an investigation if it is considered to be in the best interests of the MCCCD.
4. The MCCCD encourages the resolution of issues or allegations through informal conflict resolution if possible. Informal conflict resolution such as mediation or other efforts to resolve the Complainant’s allegation may be offered during the Intake or Investigation Process. The Complainant or Respondent may also request conflict resolution at any time during the Intake or Investigation Process. However, the MCCCD reserves the right to investigate and take any action appropriate based on the allegation, regardless of whether a conflict resolution process is pursued.
5. The MCCCD prohibits any retaliatory action that would create a chilling effect on other employees filing a complaint. Any person who retaliates against someone for complaining, formally or informally, about conduct they believe to be discriminatory or harassment, or against someone who has assisted or otherwise participated in an investigation into such a complaint, shall be subject to discipline.
6. All MCCCD employees have a duty to fully cooperate with any investigation under these policies.
7. A Complainant has 300 calendar days from the date of the alleged incident of unlawful discrimination, harassment, and/or retaliation to file a complaint with the EEO Office alleging protected category unlawful discrimination, harassment, or retaliation.
  1. If the Complainant does not file a complaint with the EEO Office within 300 calendar days from the date of the alleged discrimination, harassment, and/or retaliation incident, the EEO Office may dismiss the complaint as having been untimely filed.
  2. MCCCD reserves the right to investigate complaints that were not timely filed.
8. Any time frames in this process may be extended for good reason, such as (but not limited to) when classes are not in session or upon mutual agreement by the parties to the complaint. Extensions will be confirmed in writing with the Complainant and the Respondent.
Complaint Process: The MCCCD EEO Intake and Investigation process is collectively referred to as the Complaint Process. The following Complaint Process will be used by the EEO Office to address and/or investigate all matters related to allegations of unlawful discrimination, harassment, and/or retaliation that are covered under the EEO Policies.
1. The MCCCD reserves the right to depart from the Complaint Process as necessary based on the facts and circumstances of each allegation or complaint.
2. Intake Process
  1. Potential Complainant(s) or any other individual(s) who witness, experience, or otherwise learn of a potential violation of the EEO Polices shall promptly notify the EEO Office of the potential violation.
    1. Once notified about a potential violation of EEO policies, the EEO Office will communicate with the potential Complainant and if necessary any other appropriate individuals to determine whether the EEO Office has jurisdiction over the complaint.
    2. If the initial contact is not in writing or needs to be clarified, the EEO Office will summarize the allegations and ask the source of the information to certify the summary of the allegations.
    3. The EEO Office will then determine whether it has jurisdiction over the complaint to begin an investigation.
      1. If the EEO Office determines that it does not have jurisdiction, the EEO Office will, if possible, assist the Complainant or source in determining the most appropriate MCCCD person to which the matter should be referred and in contacting that person.
      2. If the EEO Office determines that it does have jurisdiction regarding the allegation, the EEO Office will begin the investigation.
3. Investigation Process
  1. The EEO Office may use internal or external investigators to investigate the allegations.
    1. External investigators will be directed to follow these procedures.
    2. External investigators require the express written consent of the General Counsel, except that the Chancellor may determine that external investigators should investigate any matter.
  2. The EEO Office reserves the right to modify the investigation process based on the allegations or any other factor to promote the intent of these policies.
    1. The EEO Office will provide notice to the appropriate College President or Vice Chancellor of the complaint and the investigation, unless such notice will adversely impact the ability to conduct the investigation.
    2. The EEO Office will give the Complainant an EEO Complaint Form to complete. If the Complainant does not complete the form, the EEO Office will investigate allegation to the extent possible.
    3. The EEO Office will allow the Respondent to respond to the allegations.
    4. The EEO Office will interview any relevant witnesses.
    5. The EEO Office will review any relevant documents or other materials.
  3. The EEO Office will issue its report (the Report) within 90 calendar days of receiving information establishing jurisdiction over the allegations to the Complainant, Respondent, the College President/appropriate Vice Chancellor, and the head of the Human Resources Office, the Chief Operating Officer, and the Chancellor. The Report will include, but is not limited to, the following information:
    1. Factual findings as to the allegations investigated.
    2. A determination as to whether there was or was not sufficient evidence to substantiate the allegations under the preponderance of evidence standard.
    3. Recommendations as warranted by the facts and applicable policies:
      1. Unsubstantiated allegations may result in recommendations as appropriate based on the facts and applicable policies.
      2. If there is a substantiated finding of an EEO Policy violation, the Report will recommend remedial action, as appropriate under the applicable facts and policies.
      3. Any recommended remedial action should be designed to ensure compliance with any applicable policies. It should also allow appropriate discretion to the decision-maker in that process.
      4. Evidence gathered during the investigation may be used in subsequent grievance/disciplinary procedures or performance reviews.
  4. A Complainant or Respondent may appeal the findings in an EEO Investigation Report by submitting a written notice of appeal to the head of the District Human Resources Office within 10 working days from receipt of the EEO Report.
    1. Appeals of the EEO Report can only be made under one or more of the following reasons:
      1. Additional relevant evidence has been discovered that the appealing party was not aware of during the investigation;
      2. The party has procedural concerns that may change or affect the conclusion; and/or
      3. The party perceives that there was insufficient evidence to support the investigator’s findings.
    2. Within 10 working days from receipt of a timely appeal, the head of the District Human Resources Office, or its designee, shall respond to the appeal in writing.
      1. As needed, the head of the District Human Resources Office may request an extension of time to respond to the appeal.
      2. If the head of the District Human Resources Office determines that the findings were not supported by the evidence or there are procedural concerns, the matter will be reopened and assigned for further investigation.
      3. If the head of the District Human Resources Office determines that the investigation is procedurally sufficient and the findings are supported by the evidence, Human Resources will deny the appeal and close the matter.
      4. The head of the District Human Resources Office will send the response to the EEO Office, the Complainant, the Respondent, the College President/Vice Chancellor, the Chief Operating Officer, and the Chancellor.
      5. There is no further appeal of this District Human Resources Office response to the appeal.
  5. Once the appeal process has concluded or if there is no appeal, the College President or Vice Chancellor shall begin to implement any recommendations.
  6. Within 20 working days from the conclusion of the appeals process, the College President or Vice Chancellor will submit a report to the EEO Office as to the status of compliance with the recommendation(s) or other appropriate action. The EEO Office will audit the status of the recommendations until completed.