Current Students

Nondiscrimination in Employment and
Education Opportunity Policy Statement

Nondiscrimination in Employment and Education Opportunity: In accordance with state and federal laws and consistent with MnSCU Board Policy 1.B.1, Hennepin Technical College is committed to a policy of nondiscrimination in employment and education opportunity. No person shall be discriminated against in the terms and conditions of employment, personnel practices, or access to and participation in programs, services, and activities with regard to race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, or membership or activity in a local commission as defined by law.

Harassment of an individual or group on the basis of race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation or membership, or activity in a local commission has no place in a learning or work environment and is prohibited. Sexual violence has no place in a learning or work environment. Further, Hennepin Technical College shall work to eliminate violence in all its forms. Physical contact by designated college faculty members may be appropriate if necessary to avoid physical harm to persons or property.

This policy is directed at verbal and physical conduct that constitutes discrimination/harassment under state and federal law and is not directed at the content of speech. In cases in which verbal statements and other forms of expression are involved, Hennepin Technical College will give due consideration to an individual’s constitutionally protected right to free speech and academic freedom.

IMPLEMENTATION PROCEDURE

Racial Discrimination/Harassment

Part 1. Definitions.

Subpart A. Racial discrimination is prohibited by state and federal law. Racial discrimination is defined as conduct that is directed at an individual because of his/her race, color, or national origin or that of his/her spouse and that subjects the individual to different treatment by agents or employees so as to interfere with or limit the ability of the individual to participate in or benefit from the services, activities, or privileges provided by the college or otherwise adversely affects the individual’s employment or education.

Subpart B. Racial harassment is a form of race discrimination which is prohibited by state and federal law. Racial harassment is defined as verbal or physical conduct that is directed at an individual because of his/her race, color, or national origin or that of his/her spouse and that is sufficiently severe, pervasive, or persistent so as to have the purpose or effect of creating a hostile work or educational environment. Racial harassment may occur in a variety of relationships including faculty and student, supervisor and employee, student and student, faculty and student, employee and employee, and other relationships with other persons having business at or visiting the educational environment.

Sex Discrimination/Harassment and Violence

Part 2. Definitions.

Subpart A. Sex discrimination is prohibited by state and federal law. Sex discrimination is defined as conduct that is directed at an individual because of his/her gender or that of his/her spouse and that subjects the individual to different treatment so as to interfere with or limit the ability of the individual to participate in or benefit from the services, activities, or privileges provided by the college or otherwise adversely affects the individual’s employment or education.

Subpart B. Sexual harassment is a form of sex discrimination which is prohibited by state and federal law. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education, evaluation of a student’s academic performance, or term or condition of participation in student activities or in other events or activities sanctioned by the college; or
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions or other decisions about participation in student activities or other events or activities sanctioned by the college; or
  • Such conduct has the purpose or effect of threatening an individual’s employment; interfering with an individual’s work or academic performance; or creating an intimidating, hostile, or offensive work or educational environment.
  • Sexual harassment may occur in a variety of relationships including faculty and student, supervisor and employee, student to student, employee to employee, and other persons having business with or visiting the educational environment. Sexual harassment may occur when it is directed at members of the opposite gender or when it is directed at members of the same gender. It includes, but is not limited to:
    • unwelcome pressure for sexual activity
    • unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact; physical contact may be appropriate if necessary to restrain individuals to avoid physical harm to persons or property
    • demands for sexual favors or promises of preferential treatment with regard to an individual’s employment or educational status accompanied by implied or overt threats concerning an individual’s employment or educational status
    • unwelcome behavior or words of a sexual nature directed at an individual because of gender.

Subpart C. Sexual violence: Acts of sexual violence are criminal behaviors and create an environment contrary to the goals and missions of the college. Acts of sexual violence include:

  • Forcible acts which include non-consensual sexual contact and/or sexual contact in which the victim is incapable of giving consent (such as when the complainant is under the influence of alcohol or drugs);
  • Nonforcible sex acts such as incest and statutory rape; and
  • The threat of an act of sexual violence. Sexual violence may include, but is not limited to:
    • touching, patting, grabbing, or pinching another person’s intimate parts whether that person is of the same sex or the opposite sex;
    • coercing, forcing, or attempting to coerce or force the touching of anyone’s intimate parts;
    • coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another; or
    • threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.

Subpart D. Sexual harassment and violence as sexual abuse. Under certain circumstances, sexual harassment or violence may constitute sexual abuse according to Minnesota law. In such situations, the college shall comply with the reporting requirements in M.S. Section 626.556 (reporting of maltreatment of minors) and M.S. Section 626.557 (Vulnerable Adult Protection Act). Nothing in this policy will prohibit the college from taking immediate action to protect victims of alleged sexual abuse.

Subpart E. Non-consensual relationships. Substantial risks are involved even in seemingly consensual romantic/sexual relationships where a power differential exists between the involved parties. The respect and trust accorded a faculty member or other employee by a student, as well as the power exercised by faculty in giving grades, advice, praise, recommendations, opportunities for further study or other forms of advancement may greatly diminish the student’s actual freedom of choice concerning the relationship. Similarly, the authority of the supervisor to hire, fire, evaluate performance, reward, make recommendations, assign and oversee the work activities of employees may interfere with the employee’s ability to choose freely in the relationship. Further, it is inherently risky where age, background, stature, credentials or other characteristics contribute to the perception that a power differential exists between the involved parties which limits the student or employee’s ability to make informed choices about the relationship.

Claims of a consensual romantic/sexual relationship will not protect individuals from sexual harassment charges nor guarantee a successful defense if charges are made. It is the faculty member, supervisor or faculty who will bear the burden of accountability because of his/her special power and responsibility, and it may be exceedingly difficult to use mutual consent as a defense. Therefore, all employees should be aware of the risks involved in entering into a romantic/sexual relationship where there is a superior/subordinate relationship.

Sexual Orientation Discrimination/Harassment

Part 3. Definitions.

Subpart A. Sexual orientation discrimination is prohibited by state law. Sexual orientation discrimination is defined as conduct that is directed at an individual because of his/her sexual orientation and that subjects the individual to different treatment by agents or employees so as to interfere with or limit the ability of the individual to participate in or benefit from the services, activities, or privileges provided by the college or otherwise adversely affects the individual’s employment or education.

Subpart B. Sexual orientation harassment is a form of sexual orientation discrimination which is prohibited by state law. Sexual orientation harassment is defined as verbal or physical conduct that is directed at an individual because of his/her sexual orientation and that is sufficiently severe, pervasive or persistent so as to have the purpose or effect of creating a hostile work or educational environment. Sexual orientation harassment may occur in a variety of relationships including faculty and student, supervisor and employee, student and student, faculty and student, employee and employee, and other relationships with other persons having business at or visiting the educational environment.

Disability Discrimination/Harassment

Part 4. Definitions.

Subpart A. Disability discrimination is prohibited by state and federal law. Disability discrimination as defined by law is conduct that is directed at an individual because of his/her mental/physical disability or that of his/her spouse and that subjects the individual to different treatment by agents or employees

without legitimate non-discriminatory reason so as to interfere with or limit the ability of the individual to participate in or benefit from the services, activities, or privileges provided by the college or otherwise adversely affects the individual’s employment or education.

Subpart B. Disability harassment is a form of discrimination which is prohibited by state and federal law. Disability harassment is defined as verbal or physical conduct that is directed at an individual because of his/her mental/physical disability or that of his/her spouse and that is sufficiently severe, pervasive, or persistent so as to have the purpose or effect of creating a hostile work or educational environment. Disability harassment may occur in a variety of relationships including faculty and student, supervisor and employee, student and student, faculty and student, employee and employee, and other relationships with other persons having business at or visiting the educational environment.

Reporting Procedure

Reporting incidents of discrimination/harassment.

Subpart A. Reporting an incident. Hennepin Technical College encourages any individual, including any student, employee, applicant for employment, or person eligible for employment (as defined by Minnesota Statutes section 43A.02), who feels she or he has been or is being subjected to discrimination/harassment to report the incident to the designated officer. Any student, faculty member or employee who knows of, receives information about or receives a complaint of discrimination/harassment is urged to report the information or complaint to the designated officer of the system office, college, or university.

Subpart B. Personal resolution. In instances where an individual believes she/he personally has been subjected to behavior prohibited by the 1B.1 Non-discrimination policy, that individual may voluntarily choose to directly address the offensive behavior. In such a situation, she or he should clearly explain to the alleged offender as soon as possible after the incident that the behavior is objectionable and that it stop. Communication with the alleged offender may be in person, on the telephone, or in writing. If the behavior does not stop or if the individual believes some employment or education consequences may result from the discussion, she or he should go to the designated officer to process the complaint. Under no circumstances shall an individual be required to use personal resolution to address prohibited behaviors rather than reporting the behavior to the designated officer.

Subpart C. Duty to report. Unless the matter already has been referred to the designated officer, administrators and supervisors must inquire into allegations or behaviors that they reasonably believe may constitute discrimination or harassment and, when a report/complaint appears to be warranted, refer the matter to the designated officer. The duty to report shall not be construed to prevent immediate corrective action by an administrator or supervisor when appropriate.

Subpart D. Institutional responsibility.

Colleges and universities. This procedure applies to all members of theeducational community including students. Reports/complaints against a president of a college or university shall be filed with the system office. Complaints against a president shall be processed by the college or university if the president's role in the alleged incident was limited to a decision on a recommendation made by another administrator, such as tenure, promotion or non-renewal, and the president had no other substantial involvement in the matter. Reports and complaints against college or university vice presidents, deans, or provosts are filed at the campus level with the president or the president's designee as decision-maker.

Subpart E. Retaliation and reprisal. No retaliation, reprisal or intimidation in conjunction with a complaint of discrimination/harassment shall be tolerated by the system office, colleges, and universities. State law prohibits reprisal by a respondent, employer, labor organization, educational institution, employee, agent of the above and others as specified in statute. (Minnesota Statutes section 363.03). Any individual who retaliates against any person who testifies, assists, or participates in an investigation, proceeding or hearing in relation to a discrimination/harassment complaint shall be subject to disciplinary or other action.

Retaliation includes, but is not limited to, any form of intimidation, reprisal, coercion, discrimination, harassment, or unwanted sexual contact toward a complainant, or the complainant's relatives, friends or associates. Retaliation may occur whether or not there is a power or authority differential between the individuals involved. Reprisal also includes discrimination against an individual because that perso n is associated with a protected group member. Allegations of retaliation or reprisal shall be reported to the designated officer for appropriate action.

Subpart F. False statements prohibited. Any individual who provides false statements regarding the filing of a discrimination report/complaint or during the investigation of such a report/complaint may be subject to disciplinary or corrective action.

Subpart G. Withdrawn Complaints. If a complainant no longer desires to pursue a complaint, the system office, colleges, and universities reserve the right to investigate and resolve the complaint.

Part 4. Right to representation.

In accordance with federal law and applicable collective bargaining agreement and personnel plan language, represented employees may have the right to request and receive union representation during an investigatory meeting.

Nothing in this procedure is intended to expand, diminish or alter in any manner whatsoever any right or remedy available under a collective bargaining agreement, personnel plan or law. Any disciplinary action imposed as a result of an investigation conducted under this procedure will be processed in accordance with the applicable collective bargaining agreement or personnel plan.

Part 5. Investigation and resolution.

The system office, college or university has an affirmative duty to take timely and appropriate action to stop inappropriate behavior, conduct investigations and facilitate resolutions as appropriate.

Subpart A. Making a report/complaint. The designat ed officer must be contacted in order to initiate a report/complaint. The report/complaint should be brought as soon as possible after an incident occurs. The designated officer shall retain control of the investigatory process and determine whether and/or how to proceed.

Subpart B. Initial inquiry and review process. After receiving a report/complaint, the designated officer shall take the steps listed below:

Jurisdiction. The designated officer shall determine whether the report/complaint is one which should be processed through another system office, college or university procedure available to the complainant; if appropriate, the designated officer shall direct the complainant to that procedure as soon as possible.

Conflicts. If the designated officer determines that the report/complaint falls within the scope of the institution's nondiscrimination policies and this procedure, the designated officer shall first determine who will conduct the complaint process. The designated officer should identify to the president or chancellor any real or perceived conflict of interest in proceeding as the designated officer for a specific complaint. If the president determines that a conflict exists, another designated officer shall be assigned.

Information provided to complainant. At the time the report/complaint is made, the designated officer shall:
a.) inform the complainant of the provisions of the nondiscrimination policy;
b.) provide a copy of the policy and the report/complaint procedure to the complainant;
c.) advise the complainant of other options such as alternative dispute resolution or mediation and that the complainant may also choose to pursue other legal options; and
d.) determine whether other individuals are permitted to accompany the complainant during investigatory interviews and the extent of their involvement.

Complaint Form. The designated officer shall insure that the complaint is documented in writing on the complaint form available from the human resources office, The complaint form must include:
a.) a detailed description of the facts upon which the charge is based;
b.) name(s) of the respondent(s), if known;
c.) a list of possible witnesses as deemed appropriate by the designated officer; and
d.) other information pertinent to the complaint.
At the conclusion of the process, the final disposition of the complaint shall be included on the complaint form.

Information provided to the respondent. At the time initial contact is made with the respondent, the designated officer shall:
a.) inform the respondent in writing of the existence and general nature of the complaint and the provisions of the nondiscrimination policy;
b.) provide a copy of the policy and the report/complaint procedure to the respondent;
c.) advise the respondent of other options such as alternative dispute resolution or mediation;
d.) explain to the respondent that in addition to being interviewed by the designated officer, the respondent may provide a written response to the allegations; and
e.) determine whether other individuals are permitted to accompany the respondent during investigative interviews and the extent of their involvement.

Processing the complaint. The designated officer shall:
a.) conduct a fact-finding inquiry or investigation into the complaint, including appropriate interviews and meetings;
b.) investigate the complaint without identifying the complainant, if in the judgment of the designated officer, this would increase the likelihood of satisfactory resolution of the complaint;
c.) inform the complainant, respondent, witnesses and other involved individuals of the prohibition against retaliation and reprisal;
d.) create, gather and maintain investigative documentation as appropriate;
e.) disclose appropriate information to others only on a need to know basis consistent with state and federal law, and provide a data privacy notice (Tennessen warning) in accordance with state law; and
f.) inform the complainant and respondent of the status of the investigation at reasonable times until final disposition of the complaint.

Subpart C. Initial inquiry and informal resolution. After conducting an initial inquiry and review, if the designated officer determines that the issue can be resolved without further investigation, the designated officer may use one or more of the following methods to resolve the complaint:

  • suggest counseling or sensitivity training;
  • conduct training for the unit, division, or department, calling attention to the consequences of engaging in such behavior;
  • facilitate meetings between the parties;
  • separate the parties, after consultation with appropriate system office, college or university personnel;
  • prepare a written letter of agreement confirming that the respondent has been informed of the policy and complaint procedure, identifying and documenting the respondent's acceptance of the designated officer's resolution of the complaint, and stating that retaliation is prohibited;
  • other possible outcomes may include explicit agreements about future conduct, a letter of apology to the complainant, changes in workplace assignments, enrollment in a different course or program, or other appropriate action.

Subpart D. Investigation and decision process. If the above methods do not resolve the complaint within a reasonable period of time to the satisfaction of the designated officer, or the designated officer feels additional steps should be taken, the procedures in this subpart shall be followed.

Designated officer. The designated officer shall:
a.) conduct further investigation as deemed appropriate by the designated officer;
b.) prepare an investigation report for review by the decision-maker;
c.) take additional investigative measures as requested by the decision-maker;
d.) provide sufficient information to the respondent consistent with federal and state data privacy laws to allow the respondent to respond to the substance of the complaint; and
e.) provide the investigation report to the complainant or respondent upon request unless the information is protected under state or federal law.

Decision-maker. After receiving the investigation report prepared by the designated officer, the decision-maker shall:

a.) determine whether additional steps should be taken, at the discretion of the decision-maker, prior to making the decision. Additional steps may include:

a request that the designated officer take additional investigative measures;

a meeting with the complainant, respondent or other involved individuals. If a meeting involving a represented employee is convened, the complainant or respondent may choose to be accompanied by the bargaining unit representative, in accordance with the applicable collective bargaining agreement and federal and state law. Other employees may be accompanied by an attorney or other support person at the discretion of the decision-maker;

a request for additional information which may include a written response from the complainant or respondent relating to the allegations of the complaint;


b.) take other measures deemed necessary to reach a decision;

c.) when making the decision, take into account the surrounding circumstances, the nature of the behaviors, the relationship(s) between the parties, the context in which the alleged incident(s) occurred, and other relevant factors;

d.) determine the nature, scope and timing of disciplinary or corrective action and the process for implementation if a violation of the nondiscrimination policy occurs. This may include consultation with human resource or supervisory personnel to determine appropriate discipline;

e.) report in writing to the complainant, respondent and the designated officer her or his findings as to whether or not the nondiscrimination policy has been violated. The written answer to the complainant shall be provided within 60 days after a complaint is made unless reasonable cause for delay exists.

Subpart E. Confidentiality. Confidentiality cannot be guaranteed; however, care will be taken to keep investigation discussions sufficiently broad to protect the complainant's identity when appropriate. There may be instances in which the system office, college, or university has a responsibility to act even if the complainant requests that no action be taken. In such instances, the system office, college or university may investigate and take appropriate action on the basis of the facts or evidence available.

Subpart F. Investigative data. Information gathered during the investigation will be handled in accordance with federal and state data privacy laws.

Subpart G. Other remedies

Reassignment or administrative leave. Under appropriate circumstances, the president or chancellor may reassign or place an employee on administrative leave at any point in time during the report/complaint process. In determining whether to place an employee on administrative leave or reassignment, consideration shall be given to the nature of the alleged behavior, the relationships between the parties, the context in which the alleged incidents occurred and other relevant factors. Any action taken must be consistent with the applicable collective bargaining agreement or personnel plan.

Summary suspension or other action. Under appropriate circumstances, the president or designee may impose on a student a summary suspension or other temporary measures at any point in time during the report/complaint process. A summary suspension may be imposed when, in the judgment of the president or designee, the accused student's presence on the college or university campus would constitute a threat to the safety and well-being of members of the campus community. Before implementing the summary suspension, the accused student shall be given notice of the intention to impose the summary suspension and, except in an emergency, shall be given an opportunity to present oral or written arguments against the imposition of the suspension.
After the student has been summarily suspended, the report/complaint process should be completed within the shortest reasonable time period, not to exceed nine (9) class days. During the summary suspension, the student may not enter the campus or participate in any college or university activities without obtaining prior permission from the administrator. Other temporary measures may be taken in lieu of summary suspension where the president or designee determines such measures are appropriate.

Alternative dispute resolution and mediation. The system office, colleges, and universities, in consultation with the system Office of Equal Opportunity and Diversity, may use alternative dispute resolution or mediation services as a method of resolving discrimination/harassment complaints. Alternative dispute resolution and mediation options require the voluntary participation of all parties to the complaint.

Part 6. System office, college, or university action.

The system office, college, or university shall take the appropriate corrective action based on results of the investigation and shall follow up as appropriate to ensure that the corrective action is effective. Complainants are encouraged to report any recurrences of conduct which were found to violate the system non-discrimination policies.

The decision-maker shall notify the complainant and respondent in writing of the final disposition of the complaint. Written notice to parties relating to discipline, resolutions, and/or final dispositions resulting from the report/complaint process is deemed to be official correspondence from the system office, college or university.

Part 7. Appeal.

Subpart A. Filing an appeal. The complainant and the respondent may appeal the decision of the decision-maker. An appeal must be filed in writing with the president or designee within ten (10) business days after notification of the decision. The appeal must state specific reasons why the complainant or respondent believes the decision was improper. In a complaint against a president or other official who reports directly to the chancellor, an appeal may be considered by the chancellor whether or not the chancellor served as the decisionmaker.

Subpart B. Effect of review. For employees represented by a collective bargaining agreement, an appeal under this procedure is separate and distinct from, and is not in any way related to, any contractual protections or procedures. During the pendency of the appeal disciplinary or corrective action taken as a result of the decision shall be enforced. In addition, in cases involving sanctions of suspension for ten (10) days or longer, students shall be informed of their right to a contested case hearing under Minnesota Statutes, Chapter 14.

Subpart C. Appeal process. The president or designee shall review the record provided and determine whether the complaint is substantiated or not substantiated. The president or designee may receive additional information if the president or designee believes such information would aid in the consideration of the appeal. The decision on appeal will be made within a reasonable time and the complainant, respondent and designated officer shall be notified in writing of the decision. The decision on appeal exhausts the complainant's and respondent's administrative remedies under this procedure except as provided herein.

Part 8. Education and training.

The system office, colleges and universities shall provide education and training programs to promote awareness and prevent discrimination/harassment, such as education seminars, peer-to-peer counseling, operation of hotlines, self-defense courses, and informational material development and distribution. Education and training programs should include education about the system office, colleges and universities non-discrimination policies as well as conducting investigations, management and implementation of this procedure.

Part 9. Dissemination of report/complaint procedure.

Information regarding this procedure and the system office, college or university non-discrimination policies must be provided to each student during student registration and each employee on acceptance of employment. Copies of the policies shall be conspicuously posted at appropriate locations at the system office and on college and university campuses at all times and shall include the designated officers' names, locations and telephone numbers.

Designated officers also must be identified by name, location and phone number in informational publications such as student catalogs, student and employee handbooks, bulletin boards, campus websites or other appropriate public announcements.

Part 10. Maintenance of report/complaint procedure documentation.

During and upon the completion of the complaint process, the complaint file shall be reposited in a secure location in the office of the designated officer for the system office, college or university. Access to the data shall be in accordance with the respective collective bargaining agreement or personnel plan, the Minnesota Government Data Practices Act, the Family Educational Rights and Privacy Act or other applicable law.

Designated officers are required to report investigative data concerning investigations under Board policy 1B.1 to the Office of the Chancellor on a quarterly basis.

Contact HTC at 952-995-1300 or info@hennepintech.edu

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