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Non-Discrimination

Office of Origin: Human Resources
Date Adopted: 07-29-82
Date Reviewed: 10-14-08
Last Date Modified & Approved: 11-25-08

Policy Statement:

I. Notice of Non-Discrimination Policy
Lake Michigan College is an equal opportunity institution, affording enrollment, employment and services without distinction on the basis of age, color, height, weight, creed, disability, marital status, sexual orientation, national origin, political affiliation, race, religion, or gender. Minorities and disabled persons are encouraged to attend Lake Michigan College. Any questions regarding your rights under Title VI and Title IX should be directed to Assistant Director, Human Resources and Diversity, (269) 927-8102, Room A-305.

Any questions regarding your rights under Section 504 should be directed to Student Resource Center, (269) 927-8100, ext. 5192.

Lake Michigan College offers an “open door” admissions policy for individuals who are interested in and capable of benefiting from the post-secondary experience. Any person can apply for admission to Lake Michigan College who is interested in and capable of benefiting from the post-secondary experience, and who is:

  1. A high school graduate or GED recipient, or
  2. Eighteen years of age or older, or
  3. Demonstrates Ability to Benefit on an approved College assessment instrument. Individuals who are under the age of 18 and demonstrate the Ability to Benefit will be offered acceptance after that individual’s high school class has graduated. Individuals can be admitted as a student at LMC without a high school diploma or GED.


This commitment to equal opportunity encompasses:

A. For every student the right:

  • of access to all courses including career education courses and programs;
  • to physical education and to participation in interscholastic, intramural, and club athletics;
  • to equal treatment, including financial aid assistance, counseling, employment assistance, honors and awards, and extracurricular activities.

B. For every individual the right to personnel, employment, and College business practices that provide equal opportunity and equity.

Pursuant to its obligations under the Federal and State statutes, and in conformity with other legal and moral obligations, the College has on staff a Diversity Officer within the Office of Human Resources to implement the commitment of the College.

Inquiries or complaints by College students, prospective students, employees, employee applicants, and persons providing services to or for the College, which concern nondiscrimination policies or procedures may be directed to:

 
Assistant Director, Human Resources and Diversity (Diversity Officer)
Lake Michigan College
2755 East Napier Avenue
Benton Harbor, MI 49022-1899
(269) 927-8102
Room A-305

OR

Michigan Department of Civil Rights
185 E. Main Street, Suite 602
Benton Harbor, MI 49022
(269) 925-7044 or
1-800-482-3604

No act of retaliation will occur to any person making a charge, filing a complaint, testifying, or participating in any discrimination investigation or proceeding.

The Diversity Officer will, upon request, provide a copy of the Lake Michigan College grievance procedures, and will investigate each complaint according to such procedures. A copy of relevant laws, regulations and policy may be found in the Office of Human Resources and with the Diversity Officer.

 
II. Sexual Harassment Policy

The Elliott-Larsen Civil Rights Act prohibits discrimination based on race, color, religion, national origin, age, sex, height, weight, marital status, arrest record, and disability in all employment practices, including terms, conditions, and privileges of employment. This act prohibits discrimination and provides specific remedies and penalties. Title IX of the Educational Amendments of 1972 prohibits sexual harassment of students in any part of any higher education institution receiving federal funds and requires institutions to maintain grievance procedures capable of prompt and equitable resolution of sexual harassment complaints.

Lake Michigan College prohibits sexual harassment in its employment practices and in its educational programs and activities.

Sexual harassment consists of unwelcome sexual advances, including unwanted touching; verbal remarks of a sexually suggestive or derogatory nature; requests for sexual favors; and other verbal or physical behavior of a sexual nature which have as their consequence an adverse effect on the recipients’ morale, work status, or academic or job performance. Such conduct is absolutely prohibited whether the perpetrators are students, employees of the College or contractors, or other non-employees who have reason to be on College premises where:

  • submission to such conduct is either an expressed or implied condition of employment, education, or academic, financial, or counseling counseling assistance,
  • submission to or rejection of such conduct is used as a basis for an employment decision or the performance evaluation of students or staff, or
  • the conduct has the purpose or effect of substantially interfering with an affected person’s work or scholarly performance, or creating an intimidating, hostile or offensive work, or education environment.

The College will actively investigate any allegations of sexual harassment by students or staff, and if it is determined that sexual harassment has occurred, will take prompt and appropriate disciplinary action.

Anyone who believes that sexual harassment has occurred is expected to report such conduct promptly under appropriate College procedures.


III. Grievances

A. Definition: A discrimination grievance is an unresolved complaint by any member of the faculty, staff, or any student that there has been a violation or misinterpretation of the College’s Diversity/Nondiscrimination policies and procedures or of any antidiscrimination provisions of law. The following are not subject to the grievance procedure:

Decisions to reduce the work force;

  • the contents of evaluations;
  • the modification, amendment, or repeal of any Board policy;
  • the modification, amendment, or repeal of any operational procedure of the administration, unless it violates Board policy.

B. The collegewide grievance procedure will be used to resolve all grievances.

C. A grievant must join in a single grievance proceeding for every claim that he or she has arising out of the same transaction or occurrence, even where it is asserted that the transaction or occurrence has violated more than one Board policy, administrative procedure, or law. A grievant is prohibited from filing more than one grievance concerning the same transaction or occurrence.

D. Forms: The administration has developed grievance forms for use in processing grievances. All grievances must be signed by the aggrieved person and must specify the date or dates upon which the complained of action occurred; the policy, procedure or law which is claimed violated; the facts upon which the aggrieved person relies; and the relief requested. Grievance Procedures and forms for Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975 may be obtained in Human Resources.

Responsibility: Vice President, Administrative Services & Special Assistant to the President

References: Elliott-Larsen Civil Rights Act, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975