Procedures for Investigating Discrimination Complaints

Purpose & Scope

To help maintain an environment free from unlawful discrimination, harassment, and retaliation, the Maricopa County Community College District (MCCCD or District) requires all employees, students, and visitors to comply with Administrative Regulation (A.R.) 5.1, Non-discrimination Policy.

These procedures govern complaints of discrimination, harassment, or retaliation by or against employees, students, or visitors on the basis of protected class status.

If the complaint involves sexual harassment covered by Title IX, the A.R. 5.1.16 Title IX grievance process has primary jurisdiction.

Definitions
  • Complainant: An individual who alleges that they have experienced discrimination, harassment, or retaliation prohibited by Non-discrimination Policy.
  • Respondent: An individual who has been reported to have engaged in conduct that may violate Non-discrimination Policy.
  • Preponderance of the Evidence Standard: The standard used in evaluating whether it is more likely than not that the alleged misconduct occurred.
  • Interim Measures: Temporary actions taken to protect parties, maintain access to programs, or prevent further prohibited conduct pending investigation.
  • Report: A submission alleging a potential violation of the Non-discrimination Policy by any individual, including a third party.
  • Jurisdiction: A determination that the alleged conduct falls within the scope and applicability of the Non-discrimination Policy and the authority of the EOI Office and may proceed through the formal complaint process.
  • Complaint: A Report that has been determined to fall within the jurisdiction of the Non-discrimination Policy and is moved forward as a formal complaint by the complainant.
Reporting Obligations
  • Employees and students shall promptly report suspected violations of the Non-discrimination Policy.
  • Reports may be submitted using the Reporting Form.
  • Alternatively, Reports may be submitted directly to EOI via email at equal.opportunity@info.maricopa.edu.
General Principles
  • EOI serves as a neutral, fact-finding body.
  • Delaying the reporting of an allegation may hinder a proper investigation and may expose the Complainant to continued discrimination, harassment, or retaliation.
  • Efforts will be made to preserve the privacy of parties involved, but absolute confidentiality cannot be guaranteed.
  • A Complainant may withdraw an allegation in writing at any time. However, EOI may continue the investigation if, in its judgment, it is in the best interests of MCCCD to do so.
  • The District offers informal conflict resolution when appropriate, during intake or investigation. The Complainant or Respondent may request it, but the District reserves the right to proceed formally regardless of informal resolution efforts.
  • Retaliation against any person for making a complaint, assisting in an investigation, or otherwise participating in protected conduct is strictly prohibited.
  • All employees must cooperate fully with investigations under this procedure.
Time-Frame for Filing

A Complainant generally has 300 calendar days from the date of the alleged incident of discrimination, harassment, or retaliation to file a complaint. If a complaint is not filed within 300 days, EOI will generally dismiss the complaint as untimely. However, the District reserves discretion to investigate the complaint notwithstanding the untimely filing.

Any time-frames in this procedure may be extended for good cause and any extension will be documented in writing with notice to the parties.

Intake Process
  • Upon receipt of a Report, EOI will schedule an initial meeting with the Complainant to determine whether the Report falls within jurisdiction.
  • If the Report lacks jurisdiction, EOI will notify the Complainant and, if feasible, assist in referring the matter to the appropriate college or District official.
  • If the Report is jurisdictional, EOI will notify the Complainant that the matter is eligible to proceed through the Complaint process.
Informal Resolution
  • Following the receipt of a Complaint, the Complainant and Respondent may mutually agree in writing to pursue informal resolution instead of proceeding to a formal investigation.
  • Participation is voluntary; neither party is required to agree. EOI may, in their discretion, determine that informal resolution is not appropriate in a particular case.
  • If the parties agree to informal resolution, the formal investigation timelines are tolled (i.e., paused) for the duration of the informal resolution process.
  • EOI will notify the appropriate College President or Vice Chancellor of the informal resolution process unless such notice would impair the investigation.
  • Informal resolution may include mediation, facilitated discussion, or other alternative dispute resolution methods.
  • The outcome will be documented in a written resolution agreement, signed by both parties. The agreement will set out the terms of resolution, obligations of each party, and consequences for non-compliance, if applicable.
  • Once signed by all parties, the Informal Resolution Agreement is final and is not subject to appeal.
  • The matter will be considered resolved under this procedure upon execution of the Informal Resolution Agreement, unless the agreement provides otherwise or a party fails to comply with its terms. An Informal Resolution Agreement may be considered in subsequent investigations, as appropriate.
  • If either party withdraws from the informal process prior to signing the agreement or if informal resolution fails, the formal investigation process will resume.
Investigation Process
  • EOI may employ internal or external investigators. 
  • EOI will notify the parties and the appropriate College President or Vice Chancellor of the complaint and investigation, unless providing such notice would impair the investigation. Additional members of leadership may be notified, as appropriate, based on the status of the parties and a legitimate need to know.
  • The Respondent will be given notice of the allegations and an opportunity to respond in writing. Employee Respondents must submit a written response to the allegations within five (5) working days. 
  • The investigator(s) will interview relevant witnesses, review relevant documents/materials, and gather other evidence.
  • EOI will complete the investigation and issue a final report within ninety (90) calendar days of the establishment of jurisdiction, unless there is good cause for an extension. Periodic updates regarding the investigation’s progress will be provided to the parties and college leadership.
  • Either the Complainant or Respondent may bring a peer representative to any meeting during the process. The peer representative may accompany them and is permitted to observe and take notes but may not speak on behalf of the employee or respond to questions. An investigator must be notified of any peer representative at least 24 hours prior to the meeting.
  • The investigation will conclude with a written Report of Findings.
  • The Report of Findings will include:
    • factual findings,
    • a determination whether the allegations are substantiated under the preponderance of the evidence standard,
    • recommendations (if warranted) for remedial or disciplinary action, even if allegations are unsubstantiated.
  • The Report of Findings will be distributed to the Complainant, Respondent, and the appropriate College President or Vice Chancellor of the complaint and investigation. Additional members of leadership may be notified, as appropriate, based on the status of the parties and a legitimate need to know.
  • Evidence gathered may be used in subsequent investigation, grievance, disciplinary or performance review proceedings.
Potential Outcomes or Sanctions
  • If the investigation establishes, by a preponderance of the evidence, that a policy violation occurred, the matter will be referred for consideration of an appropriate sanction, corrective action, or other response consistent with applicable MCCCD policy and procedure and Respondent’s status. Any such action will be based on the investigation findings and, as applicable, the recommendations and subsequent determinations of MCCCD leadership.
  • Potential actions may include, but are not limited to:
    • Warning or other corrective action;
    • Required training, education, or counseling;
    • Performance improvement or management action;
    • Probation;
    • Changes to duties, responsibilities, or privileges;
    • Suspension;
    • Termination or other separation from employment or the educational program; or
    • Other appropriate remedial or disciplinary action authorized by MCCCD policy.
  • Investigators will report any reasonable suspicion that a crime has occurred to law enforcement
  • Within 20 working days of the conclusion of the investigation (or, appeal process, if initiated), the College President/appropriate Vice Chancellor, or designee, shall submit a report to EOI regarding the status of implementation of recommendations. EOI will monitor until recommendations are completed.
Appeal Procedures
  • The Chief Compliance Officer, or designee, serves as the appeal officer.
  • A Complainant or Respondent may appeal the Report by submitting written notice, including the basis of the appeal, to the Chief Compliance Officer within 5 working days of receiving the Report.
  • Grounds for appeal are limited to:
    • (a) Procedural irregularity that affected the outcome; or
    • (b) Discovery of new evidence not reasonably available at the time of the original finding.
  • The appeal officer shall respond in writing within 10 working days (unless extended for good cause) of receipt of the appeal.
  • The decision of the appeal officer is final; there is no further appeal.
Additional Provisions
  • Retaliation Prohibited: Retaliation in any form against an individual participating in an investigation, complaint, hearing, or legal proceeding related to MCCCD’s Non-discrimination Policy is strictly prohibited. Any such retaliation will be treated as a separate and distinct basis for a complaint under this procedure and may result in disciplinary action, up to and including dismissal or expulsion.
  • False Statements Prohibited: Any individual who knowingly provides false information in filing a complaint or during an investigation may be subject to disciplinary action (employees) or student conduct sanctions (students).
  • Interim Measures: At any stage (intake, investigation or appeal), the District may implement interim or protective measures to ensure access, safety and prevent further prohibited conduct. Such measures may include academic adjustments, schedule changes, class reassignments, no-contact agreements, or other appropriate measures based on the circumstances.
  • Documentation & Records Retention: All records from the intake, investigation, corrective action, and appeal phases (including witness statements, investigative notes, interview transcripts, correspondence) will be maintained in accordance with state law and MCCCD’s records retention policy (A.R. 4.15). Records shall be maintained confidentially to the extent permitted by law and consistent with the District’s obligation to investigate and resolve complaints.
  • External Agency Complaints: The filing of a complaint under this procedure does not preclude the Complainant’s right to file a complaint with an external agency (e.g., U.S. Equal Employment Opportunity Commission (EEOC), U.S. Department of Education Office for Civil Rights (OCR)). MCCCD will not retaliate against persons who pursue external remedies.