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Section VI.D.12. Student Civil Rights Complaints These procedures (Lone Star College System)

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Section VI.D.12. Student Civil Rights Complaints
These procedures supplement and clarify Section VI.D.12. of the Lone Star College System
District Policy Manual (“Policy Manual”) last revised by the Board of Trustees on March 3,
2016—setting out the College’s policies regarding student civil rights.
The Policy Manual controls when a conflict arises between it and the procedures below.
These procedures were last updated on October 17, 2016. The notice and comment period
was open online to the public from August 15, 2016 to September 14, 2016.
1. Scope of Procedures. These procedures cover student civil rights complaints based
on race, color, sex, age, sexual orientation, religion, ethnic or national origin, disability,
veteran status, or any other protected status. These procedures do not cover sexual
harassment, sexual assault, sexual violence, or sexual discrimination complaints because
those types of complaints are covered elsewhere. These procedures also do not cover
academic appeals unless the student believes the final appeal decision violates the student’s
civil rights. For purposes of these procedures, the student alleging a civil rights violation is
the “complainant” and the individual named as the alleged responsible party is the
“respondent.” These procedures are exclusive to student complaints. Separate procedures
exist for employee complaints.
2. Effective Delivery. Unless otherwise specified, any document under these
procedures may be delivered in person or by emailing the document to the recipient’s
designated College email address. Working days means all days other than Saturdays,
Sundays, and days designated as holidays or breaks on the College’s official calendar.
Working days end at 5:00 p.m. central time. Any deadlines under these procedures may be
extended with the recipient’s consent.
3. Procedure Overview for Filing a Student Civil Rights Complaint.
3(a) Presenting an Informal Concern. The College encourages students to discuss their
civil rights concerns as soon as possible with their college’s Chief Student Services Officer
(“CSSO”). This informal process is available to students who may not see the need to file a
formal complaint but still have a concern. The CSSO should attempt to resolve any issues
informally if possible. Students not satisfied with an informal process’s results may file a
formal complaint. Students are not required to follow this informal process before filing a
formal complaint.
3(b) Presenting a Formal Complaint. Students who believe they have been discriminated
against because of their race, color, sex, age, sexual orientation, religion, ethnic or national
origin, disability, veteran status, or any other protected status may file a complaint by
completing Form VI.D.12.1. (“the Complaint”).
3(c) Where and with Whom. Students file Form VI.D.12.1. with the CSSO of the college
where the alleged civil rights violation occurred. For example, if a student alleges that the
civil rights violation occurred on LSC-University Park’s premises, the student files Form
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VI.D.12.1. with LSC-University Park’s CSSO. A student may also file Form VI.D.12.1. with that
college’s president. A list of current college presidents is found at:http://www.lonestar.edu/
administration-board.htm. If the college president receives Form VI.D.12.1., the college
president must forward Form VI.D.12.1. to their college’s CSSO as soon as possible.
3(d) When. Students must file Form VI.D.12.1. within 60 calendar days after the event,
latest occurrence, or conclusion of the informal resolution process, whichever is later.
4. Investigation. After receiving Form VI.D.12.1., the CSSO investigates whether a civil
rights violation occurred. On a rare occasion, the college president may designate someone
other than the CSSO to investigate the complaint. If the college president designates someone
else, the college president must notify the parties of the investigator’s identity. The person
the college president so designates acts as the CSSO under these procedures.
4(a) Duties. The CSSO is tasked with determining whether a civil rights violation more likely
than not occurred. The CSSO determines this by investigating the complaint’s allegations.
The CSSO’s investigation includes, but is not limited to, some or all of the following:
• Timely notifying the respondent of the complaint
• Reviewing the complaint
• Interviewing any person with first-hand knowledge of facts related to the
complaint including the complainant and respondent
• Reviewing and requesting any available evidence, including correspondence,
documents, police reports, photographs, physical evidence, or any other relevant
material
• Gathering facts relevant to the complaint
The CSSO’s investigation must conclude within 15 working days of when the CSSO received
Form VI.D.12.1. This timeframe may be extended by mutual written consent of the parties.
4(b) CSSO’s Findings. The CSSO makes findings using Form VI.D.12.2. The CSSO provides
Form VI.D.12.2. to their college’s president within three working days of when the
investigation concludes. The CSSO may also provide the college president with a non-binding
recommendation regarding any appropriate disciplinary or corrective action against a
respondent.
5. President’s Decision. The college president decides whether to (1) accept or reject
the CSSO’s findings and (2) whether to impose any appropriate corrective or disciplinary
action. The college president memorializes this decision by completing Form VI.D.12.3. and
sending a copy to the parties within 10 working days of the date on which the college
president received Form VI.D.12.2. The college president may not, however, impose
corrective action on employees not under the college president’s supervision. In that case,
the college president forwards Form VI.D.12.2. to the cabinet-level officer ultimately
responsible for that employee. The cabinet-level officer will complete Form VI.D.12.3. and
decide whether to impose any appropriate corrective action within the same timeframe.
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The college president’s decision regarding whether to accept or reject the CSSO’s findings is
final. The affected party may appeal a disciplinary or corrective action under the appropriate
College policy.
6. Mutual Resolution. The parties may agree at any time to a mutually agreeable
resolution. Any such agreement must be in writing and signed by the affected parties.
7. Non-retaliation. The College’s policies prohibit any College employee from
retaliating against a student for filing a Student Civil Rights Complaint. The College’s policies
also forbid retaliating against anyone who helps investigate such a complaint. A complaint’s
actual or perceived truth does not excuse retaliatory conduct. Any person who observes
retaliation should promptly notify the applicable CSSO or college president.
8. Department of Education. Nothing in these procedures prevents a student from
filing a civil rights complaint directly with the Department of Education’s Office
of Civil Rights at: http://www.ed.gov/about/offices/list/ocr/complaintintro.html.
Effective Date: October 17, 2016.
Dr. Stephen C. Head, Chancellor
Lone Star College System
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Section VI.D.12. Student Civil Rights Complaints Procedures Page 4 of 6
Form VI.D.12.1.: Student Civil Rights Complaint
This form must be sent to the applicable college’s Chief Student Services Officer
Students who believe they have been discriminated because of their race, color, sex,
age, sexual orientation, religion, ethnic or national origin, disability, veteran status, or
any other protected status may file a complaint by completing and submitting this
form. Students should provide the completed form to their college’s Chief Student
Services Officer (CSSO) as soon as possible.
Student (Complainant): __________________________________________ Date: _____________________________________
Print Name
Student ID: ______________________________________________ Student Email: _____________________________________
College campus: ________________________________________
Respondent Information
Name (Respondent): ________________________________________________________________________________
Respondent Status: LSC Student LSC Employee
------------------------------------------------------------------------------------------------------------------------------
Student Civil Rights Complaint
Please describe the circumstances of your student civil rights complaint. Please attach any
additional pages, relevant documentation, or support.
Section VI.D.12. Student Civil Rights Complaints Procedures Page 5 of 6
Form VI.D.12.2.: Reported Student Civil Rights
Investigation Results
This form memorializes the reported student civil rights complaint investigation
results. The CSSO or designee decides whether the reported civil rights violation more
likely than not occurred based on the investigation. This form will be provided to the
college president.
Student (Complainant): ______________________________________ Student ID: __________________________________
Student Email: _____________________________________ Date Complaint Filed: __________________________________
Decision
I find that a student civil rights violation ______ did or ______ did not occur. This decision represents
my best judgment following a sufficient investigation into the reported student civil rights complaint.
____________________________________ ______________________________________ __________________
Printed Name Signature Date
Investigation Narrative
Summarize the investigation into the reported student civil rights complaint. Attach additional sheets
as necessary. Attach copies of Form VI.D.12.1. and other related written reports.
Respondent Information
Name (Respondent): ________________________________________________ Email: _________________________________
Respondent Status: LSC Student LSC Employee LSC college: _________________________________
Sanction(s) Recommended (if any):
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Section VI.D.12. Student Civil Rights Complaints Procedures Page 6 of 6
Form VI.D.12.3.: Reported Student Civil Rights Decision
This form memorializes the reported student civil rights complaint decision.
Student (Complainant): ______________________________________
Respondent: __________________________________________________
CSSO or designee: ____________________________________________
Investigative Result Completed: ____________________________
Date
Investigation Narrative
Summarize the complaint and investigation into the reported student civil rights complaint.
Decision
I find that a student civil rights violation ______ did or ______ did not occur. This decision represents
my best judgment following the investigation and recommendation provided by the CSSO or
designee.
Sanction(s) Recommended (if any):
__________________________________________________ _________________________________________________________
President’s Printed Name President’s Signature
_____________________________
Date
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