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College of the Ozarks adheres to a nondiscrimination policy regarding the treatment of individual faculty, staff, and students. In employment or in any program or activity offered or sponsored by the College, the College does not discriminate on the basis of race, color, gender, national origin, ancestry, age or disability. Nor does the College discriminate against any person or persons on the basis of creed or religion in admissions policies or College administered programs. On matters of employment, the College relies on its exemption from Title VII of the Civil Rights Act of 1964 as a religious educational institution. The College maintains a grievance procedure available to any person who believes he or she has been discriminated against. The Chief Financial Officer and Vice President for Finance and Administration is the designated officer and contact person for all applicable regulations. Complaints of sex discrimination may be reported to the College’s Title IX Coordinator.
Weston T. Wiebe, Chief Financial Officer,
Vice President for Finance and Administration
(Designated Officer)
c/o Business Office
College of the Ozarks
P.O. Box 17
Point Lookout, MO 65726
417-690-2211
Discrimination and Harassment Grievance Procedure
Applicable Procedures and Definitions
Allegations of sexual harassment are addressed under the College’s Sexual Harassment Policy. Conduct that is initially raised through a formal complaint under the Sexual Harassment Policy may also be addressed under this policy, in the institution’s discretion, when a formal complaint, or some part of it, has been dismissed under the Sexual Harassment Policy or a final determination of a formal complaint has been made under the Sexual Harassment Policy and separate or additional action may be necessary to enforce this policy.
Appeals regarding decisions related to student or employee disability accommodations should be directed to the Vice President for Advancement and Dean of Character Education for processing under applicable policies.
All other types of discrimination or retaliation covered by the College’s nondiscrimination statement will following the procedures below.
Discrimination is materially adverse treatment of an individual based on protected status. It is a violation of this policy to discriminate on the basis of a protected status in any of the College’s programs and activities.
Discriminatory harassment is unwelcome verbal or non-verbal conduct that is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s programs and activities, including employment.
Retaliation is materially adverse action taken against an individual because they reported allegations under this policy or otherwise cooperated with the College’s investigation or resolution of allegations under this policy.
Reporting
Individuals who wish to report allegations of discrimination or harassment should contact the Chief Financial Officer and Vice President for Finance and Administration at the following contact information:
Weston T. Wiebe
wwiebe@cofo.edu
417-690-3318
The College will make reasonable efforts to preserve an individual’s privacy and protect the confidentiality of information when investigating and resolving a complaint. Because of laws relating to reporting and other state and federal laws, the College cannot guarantee confidentiality to those who make complaints.
Some instances of discrimination or harassment may also constitute criminal conduct. In such instances, the complainant is also encouraged to file a report with the appropriate law enforcement authorities. The College will assist the complainant in doing so upon request. The pendency of a criminal investigation does not relieve the College of its responsibility to investigate discrimination or harassment. The College will proceed with its own investigation and resolution of the complaint according to this policy, but will consider reasonable requests to delay an investigation to avoid interference with a criminal investigation.
Assessment and Resolution of Reports
When a report of discrimination or harassment is received by the Chief Financial Officer and Vice President for Finance and Administration, the Vice President will review the report and assess the report. If the report includes allegations of sex discrimination, the Vice President will review the report in consultation with the Title IX Coordinator. If the report includes that allegations that, if true, would constitute discrimination or harassment under the College’s policy, the Vice President or a designee will investigate the matter. Informal resolution of a complaint under the policy may be facilitated by the College with voluntary, written agreement by the parties. If informal resolution is attempted, the parties may elect to revert back to an investigation at any point before an agreement is reached.
The purpose of the investigation is to determine whether it is more likely than not that the alleged behavior occurred and, if so, whether it constitutes discrimination, harassment or retaliation under the policy. During the investigation, the parties involved will have an opportunity to identify witnesses and evidence. The Vice President may impose interim measures during the pendency of an investigation.
At the conclusion of an investigation, the Vice President or designee will prepare a written notice of outcome that will include a statement of the allegations, a summary of the information collected, and a determination as whether discrimination or harassment occurred in violation of this policy using a preponderance of the evidence standard.
In consultation with other college administrators as deemed appropriate and based on the investigative findings, the respondent may have interim or permanent sanctions imposed to address the discrimination or harassment and to prevent recurrence.
In some instances, there may be a determination that the behavior investigated did not violate this policy but was inappropriate, unprofessional or potentially violated another College policy. In these instances, the Vice President will address the matter or refer it to the appropriate administrator for further consideration and resolution.
Appeals
An individual may appeal a determination under the policy only on the following grounds: 1) there is a substantial likelihood that newly discovered information would result in a different decision; 2) procedural error; 3) bias or prejudice on the part of the Vice President or designated investigator; or 4) the sanction imposed was disproportionate to the offense.
Appeals must be filed with the Vice President for Advancement and Dean of Character Education in writing within 10 College business days of receipt of a determination from the Vice President or designee. The appellate officer will resolve the appeal within 10 College business days of receiving it and may take any actions that they determine necessary to reach a determination. The appellate officer shall issue a written statement of the resolution of the appeal, including any changes made, to the appropriate College administrator. A written statement shall be provided to the parties within five College business days of the resolution.
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