9700 France Avenue South
Bloomington, MN 55431
952-487-8271
FAX 952/487-8265
July 1, 2010 through June 30, 2012
AAPlan2010-12
Prepared by M. Thom 7/30/10

Statement of Commitment ........................................................................................................... 3
Responsibilities for Implementation .......................................................................................... 4
President’s Council on Diversity ............................................................................................... .7
Methods of Communicating Affirmative Action Plan & Related Policies ........................... 8
Harassment/Discrimination Policy ........................................................................................... 10
Internal Harassment/Discrimination Complaint Procedure ................................................ 12
Goals and timetables .................................................................................................................. 15
Affirmative Action Program Goals & Objectives .................................................................. 16
Audit and Evaluation ................................................................................................................ 19
Pre-Employment Review Process ............................................................................................. 23
Pre-Review Procedures – Lay off .............................................................................................. 24
Weather Emergency/Building Evacuation Procedures for Staff and Students with
Disabilities ................................................................................................................................... 25
Reasonable Accommodations Policy ....................................................................................... 27
Process for Requests for Reasonable Accommodations by Job Applicant ........................ 29
Process for Requesting Reasonable Accommodations for Current Employees ................. 30
Recruitment Plan for Affirmative Action ................................................................................ 32
Supported Employment ............................................................................................................. 35
Retention Plan for Protected Group Employees ..................................................................... 35
NCC Separation Analysis .......................................................................................................... 37
APPENDIX
MnSCU Affirmative Action in Employment ........................................................................... A
MnSCU Nondiscrimination in Employment and Education .................................................. B
Report/Complaint of Discrimination/Harassment Investigation and Resolution .. C
MnSCU Sexual Violence Policy .................................................................................................. D
MnSCU Sexual Violence Procedure ........................................................................................... E
MnSCU Access for Individuals with Disabilities ..................................................................... F
NCC Complaint of Harassment/Discrimination Form .......................................................... G
MnSCU Reasonable Accommodation in Employment Procedure ....................................... H
NCC Request for Reasonable Accommodation Forms ............................................................. I
NCC Request for Reasonable Accommodation Agreement .................................................... J
NCC Request for Reasonable Accommodation, Release of Information Form .................. K
MnSCU Weather/Emergency Closing ................................................................................ L
Utilization Data .................................................................................................................. M
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Normandale Community College is committed to Minnesota’s statewide affirmative action efforts and equal employment opportunity policies. I affirm my personal and official support of these policies which provide that:

Discrimination against employees, applicants, or eligibles on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local human rights commission, disability, sexual orientation, or age will not be tolerated;
 Normandale Community College is committed to the implementation of the affirmative action policies, programs, and procedures included in this plan;

Normandale Community College will continue to actively promote a program of affirmative action, wherever minorities, women, and persons with disabilities are underrepresented in the workforce;

Normandale Community College is committed to the retention all qualified, talented employees, including protected group employees.
Michelle Thom will act as Normandale Community College’s Affirmative Action Officer designee and ADA Coordinator designee. She is responsible for monitoring the day-to-day activities of the program.
Anyone interested in reviewing Normandale Community College's affirmative action plan or who has concerns about affirmative action or equal opportunity issues may request a copy of the plan from Michelle Thom.
It is the policy of Normandale Community College to provide an employment environment free of any form of discriminatory harassment as prohibited by federal, state, and local human rights laws. I strongly encourage suggestions as to how we may improve Normandale Community
College. We strive to provide equal employment opportunities and the best possible service to the citizens of Minnesota.
July 29, 2010
__________________________
Date
____________________________________
Joseph P. Opatz, Ph.D.
President
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College President
As the college’s primary administrator, the President is responsible for overseeing the
Normandale Community College’s equal opportunity and affirmative action policies, procedures and programs as well as assuring compliance with all related state and federal laws, rules and regulations. Final disposition of all such issues resides with the president.
Responsibilities/duties

Ensure that adequate staffing and resources are committed to implement college and system policies in EEO/Affirmative Action related matters.

Appoint or designate the college’s Affirmative Action Officer.

Include accountability for the administration of the college’s Affirmative Action Plan in his/her position description and in the position description of college administrators and supervisors.
 Evaluate administrators on EEO/Affirmative Action and diversity efforts.

Designate the persons responsible for receiving and investigating complaints.
 Take action on complaints of discrimination under the terms of the MnSCU complaint procedure.
 Issue a written statement to employees affirming support for equal opportunity, diversity and the college’s Affirmative Action Plan.

Make policy and procedure decisions which facilitate affirmative action and equal opportunity.
Accountability
The President, Joseph P. Opatz, Ph.D., (952-487-8149) is directly accountable to the Chancellor on all matters relating to equal opportunity and affirmative action at Normandale Community College.
Affirmative Action Officer
Michelle Thom, Chief Human Resource Officer, is designated by the college president to serve as
Affirmative Action Officer. She is responsible for the overall implementation and administration of the college’s equal opportunity and affirmative action programs.
Responsibilities/duties

Advise the President regarding diversity/AA.EEO and campus climate issues and concerns.

Monitor compliance with federal, state, and system laws, regulations, and policies pertaining to
EEO/Affirmative Action.

Develop, Implement and monitor the Normandale Community College Affirmative Action Plan.

Fulfill all affirmative action reporting requirements.
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
Ensure dissemination of all relevant affirmative action related information.

Serve as member of the President’s Task Force on Diversity.

Review separation interviews and advise action as appropriate.

Arrange affirmative action related training as requested.

Implement affirmative action recruitment.

Monitor, advise and train college search committees.

Serve as advisor/primary resource to administration and staff on associated affirmative action issues.

Review, process, monitor and/or conduct investigations of complaints of discrimination.
Accountability
The Affirmative Action Officer, Michelle Thom, (952-487-8271) is directly accountable to the President for the overall implementation and administration of Normandale Community College’s equal opportunity and affirmative action programs.
Sexual Harassment/Discrimination Officers
Michelle Thom, Chief Human Resource Officer; Dr. Lisa Wheeler, Vice President of Student
Affairs; Orinthia Montague, Dean of Students; and Catherine Breuer, Associate Dean of
Financial Aid and Scholarships have been designated as the college Title IX Sexual Harassment
Officers. These individuals may also investigate racial or other discrimination complaints as designated by the President.
Responsibilities

Receive concerns and complaints of sexual harassment or other illegal discrimination.

Investigate concerns and complaints of sexual harassment or other illegal discrimination.

Promote a harassment and discrimination free work and learning environment at Normandale
Community College.

Coordinate and plan training for employees and students on prevention of sexual harassment and
 discrimination.
Participate in investigator training as necessary.
Accountability
The designated sexual harassment/discrimination officers are accountable to the President and the Affirmative Action Officer.
Administrators/Supervisors
Administrators/supervisors are responsible for enforcing and implementing EEO/AA policies, procedures and programs within their functional areas of responsibilities and for the college.
Responsibilities/duties

Hire and promote qualified protected class members.
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
Communicate the college’s affirmative action policy to staff.

Identify factors that may impede the college’s pursuit of its equal opportunity/affirmative action goals and objectives.

Include Affirmative Action/EEO and diversity statements in their position descriptions.

Enforce and implement equal opportunity and affirmative action policies, procedures and programs within their functional areas of responsibility.

Promote and assist in creating an open, safe, positive learning and working environment that is welcoming to people of all backgrounds.

Report sexual harassment or other discrimination to the Chief Human Resource
Officer/Affirmative Action Officer or the President.
Accountability
Excluded administrators and college supervisors accountability is reflected in the college’s organizational charts provided in the attached Appendix.
Chief Human Resource Officer
In addition to the responsibilities and duties described above for administrators and supervisors, the Chief Human Resource Officer is also responsible for classified and unclassified positions.
Responsibilities/duties

Monitor the recruitment and selection process of the hiring and promotion of all college positions in accordance with Minnesota Statutes 43.18 and 179.74, Department of Employee
Relations rules, applicable collective bargaining agreements and employee plans, and this
Affirmative Action Plan.

Ensure that the recommendations of supervisors and others involved in hiring are based on appropriate job related criteria and are consistent with affirmative action goals and objectives.

Establish hiring and promotion policies and procedures that promote a diverse workforce and Affirmative Action/Equal Opportunity hiring.
Accountability
The college’s Chief Human Resource Officer, Michelle Thom (952-487-8271), reports directly to the college president.
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The President shall appoint representatives from various areas of the college to serve on the President’s
Council on Diversity/AA Committee based upon recommendations from broad constituencies. The
Affirmative Action Officer shall serve on the committee. The committee, in conjunction with others responsible for Affirmative Action/Equal Opportunity and Diversity, shall perform the following:
Responsibilities

Advise the president regarding diversity and campus climate issues and concerns.

Create a forum to openly and safely address diversity and campus climate issues.

Communicate and serve as campus-wide ambassadors for diversity.

Support and promote diversity, equal opportunity and affirmative action efforts and programs at the college.


Monitor the college’s diversity initiatives and evaluate progress.
Provide assistance and recommendations as needed in developing the college’s plans to maintain a safe, welcoming, diverse work and learning environment.

Be a campus barometer for diversity and embrace diversity and Affirmative Action/ Equal

Opportunity Employment and Educational and cultural value.
Plan and implement diversity related events for the campus.
Name
Lisa Wheeler
Susan Krook
Michael Berndt
Title
Vice President of Student Affairs
Anthropology Faculty
Dean of Institutional Planning & Effectiveness
Ed Wines
Ignatius Esele
Michelle Thom
Joe Opatz
Geoff Jones
Wanda Kanwisher
Julie Guelich
Lorrie Bortuzzo
Howard Odor
Joan Thompson
David Rayson
Irma Salazar
Janel Pofahl
Rick Smith
Vice President of Finance & Operations
Mathematics Faculty
Chief Human Resource Officer
President
Director, Marketing Communications
Student Life
Vice President of Academic Affairs
Multicultural Services
Student Support Services/Early Warning
English Faculty
History Faculty
Teacher Education
Campus Security
Dean of Enrollment, Marketing & Multicultural Services
Reportability: College President
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The following measures will be used to inform Normandale Community College’s (NCC) educational community and the public of the college’s commitment to Affirmative Action and Equal Opportunity in all employment and educational policies, procedures, programs, services and opportunities:
Internal Dissemination:

MnSCU and Normandale Community College policies on equal opportunity, non-discrimination, and prevention of sexual harassment will be posted on the official staff bulletin board.

Employees will be informed of the approval of the Affirmative Action Plan.

All new employees will receive access information to the Affirmative Action Plan.

A copy of the President’s Commitment Statement and the entire plan will be posted on the official staff bulletin board located outside the Office of Human Resources.

Copies of the entire plan will be made available to employees/students and the public through Human
Resources upon request and a copy will be on file in the Learning Resources Center.

Copies of the complete Affirmative Action Plan will be distributed to all college administrators/supervisors.

Employees will be given access information to Normandale and MnSCU policies on equal opportunity, nondiscrimination and prevention of sexual harassment at opening workshops each fall semester.

Signs identifying the campus sexual harassment officers will be posted throughout the college, including bulletin boards and the college rest rooms.

Administrators and supervisors will receive training on Affirmative Action/ Equal Opportunity and
Diversity issues.

The college will include the phrase Equal Opportunity Educator/Employer in all recruitment brochures, job announcements, and vacancy notices.

The Affirmative Action Officer will be identified in the agency section of the State of Minnesota telephone directory.
External Dissemination:

All job announcements, vacancy notices, website home pages, letterhead and other education or employment related materials shall identify Normandale Community College as an Equal Opportunity Employer and
Educator.
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
Normandale’s commitment to the recruitment, employment, promotion and retention of individuals with disabilities, women and minorities will be aggressively publicized in a variety of protected group and nonprotected group medial sources.
The Normandale Community College Affirmative Action Plan will be provided to all interested parties and external constituents upon request.
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Statement of Policy
It is the policy of the Normandale Community College to prohibit harassment of its employees based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local human rights agency, disability, sexual orientation, or age. This prohibition with respect to harassment includes both overt acts of harassment and those acts that create a negative work environment. Any employee subjected to such harassment should file a complaint internally with Normandale Community College’s Affirmative Action Officer designee. If the employee chooses, s/he may file a complaint externally with the Minnesota Department of Human
Rights, the Equal Employment Opportunity Commission, or through other legal channels. These agencies have time limits for filing complaints, so individuals should contact the agencies for more information. In extenuating circumstances, the employee should contact the Office of Diversity and
Equal Opportunity at the Minnesota Management & Budget for information regarding the filing of a complaint. Any unintentional or deliberate violation of this policy by an employee will be cause for appropriate disciplinary action.
Each employee is responsible for the application of this policy. This includes initiating and supporting programs and practices designed to develop understanding, acceptance, commitment, and compliance within the framework of this policy. All employees must be informed that harassment is unacceptable behavior. The Affirmative Action Officer designee will be expected to keep the (agency name) and its employees apprised of any changes in the law or its interpretation regarding this form of discrimination. The Affirmative Action Officer designee is also responsible for:
1.
Notifying all employees, and orienting each new employee who is hired, of this policy; and
2.
Informing all employees of the complaint procedure and ensuring that all complaints will be investigated promptly and carefully.
Definitions
Discriminatory harassment is any behavior based on protected class status which is not welcome, which is personally offensive, which, therefore, may affect morale and interfere with the employee’s ability to perform. For example, harassment based on national origin has been defined by the U.S.
Equal Employment Opportunity Commission as “Ethnic slurs and other verbal or physical conduct relating to an individual's national origin.”
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Sexual harassment has also been specifically defined by the Minnesota Human Rights Act, which states in regard to employment, that:
“Sexual harassment” includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when: (1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment; (2) submission to or rejection of that conduct or communication by an individual is used as a factor in decision affecting that individual's employment; or (3) that conduct or communication has the purpose or effect of substantially interfering with an individual's employment, and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.
It is possible for discriminatory harassment to occur: 1) among peers or coworkers, 2) between managers and subordinates, or 3) between employees and members of the public. Employees who experience discriminatory harassment should bring the matter to the attention of the (agency name)'s
Affirmative Action Officer designee. In fulfilling our obligation to maintain a positive and productive work environment, the Affirmative Action Officer designee and all employees are expected to address or report any suspected harassment or retaliation.
Varying degrees of discriminatory harassment violations can occur and require varying levels of progressive discipline. Individuals who instigate harassment are subject to serious disciplinary actions up to and including suspension, demotion, transfer, or termination. Additionally, inappropriate behaviors that do not rise to the level of discriminatory harassment, but are none the less disruptive, should be corrected early and firmly in the interests of maintaining a barrier-free work place.
Individuals who participate in inappropriate behaviors at work are also subject to disciplinary actions.
Procedure
Any employee, applicant, or eligible of Normandale Community College who believes that she/he has experienced discrimination or harassment based on his/her race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local human rights commission, disability, sexual orientation, or age may file a complaint of discrimination.
Complaints of discrimination or harassment can be filed using the internal discrimination complaint procedure included in Normandale Community College’s affirmative action plan.
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Normandale Community College has established the following discrimination complaint procedure to be used by all employees, applicants, or eligibles. Coercion, reprisal, or intimidation against anyone filing a complaint or serving as a witness under this procedure is prohibited.
Responsibility of Employees
All employees shall respond promptly to any and all requests by the Affirmative Action Officer designee for information and for access to data and records for the purpose of enabling the Affirmative
Action Officer designee to carry out responsibilities under this complaint procedure.
Who May File
Any employee or applicant who believes that s/he has been discriminated against by reason of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local human rights commission, disability, sexual orientation, or age may file a complaint. Employees who are terminated are encouraged to file their internal complaint prior to their actual separation; however, complaints will be taken for a reasonable period of time subsequent to the actual separation date.
The Complaint Procedure
The internal complaint procedure provides a method for resolving complaints involving violations of
Normandale Community College's nondiscrimination policy within the agency. Employees, applicants, and eligibles are encouraged to use this internal complaint process. Retaliation against a person who has filed a complaint either internally or through an outside enforcement agency or other legal channels is prohibited. The Affirmative Action Officer designee may contact the Office of
Diversity and Equal Opportunity if s/he wants information about filing a complaint.
Filing Procedures
1.
The employee, applicant, or eligible completes the “Complaint of Discrimination Form” provided by the Affirmative Action Officer designee. Employees are encouraged to file a complaint within a reasonable period of time after the individual becomes aware that a situations) may involve discriminatory harassment. The Affirmative Action Officer designee will, if requested, provide assistance in filling out the form.
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2.
The Affirmative Action Officer designee determines if the complaint falls under the purview of
Equal Employment Opportunity law, i.e., the complainant is alleging discrimination or harassment on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local human rights commission, disability, sexual orientation, or age; or if the complaint is of a general personnel concern. The Affirmative Action
Officer designee shall also discuss other options for resolution, such as the Workplace Mediation
Pilot Project.
A. If it is determined that the complaint is not related to discrimination but rather to general personnel concerns, the Affirmative Action Officer designee will inform the complainant, in writing, within ten (10) working days.
B. If the complaint is related to discrimination, the Affirmative Action Officer designee will, within
10 working days, contact all parties named as respondents and outline the basic facts of the complaint. The respondents will be asked to provide a response to the allegations within a specific period of time.
3.
The Affirmative Action Officer designee shall then investigate the complaint. At the conclusion of the investigation, the Affirmative Action Officer designee shall notify the complainants and respondents that s/he has completed the investigation. The Affirmative Action Officer designee shall than review the findings of the investigation.
A. If there is sufficient evidence to substantiate the complaint, appropriate action will be taken.
B. If insufficient evidence exists to support the complaint, a letter will be sent to the complainants and the respondents dismissing the complaint.
4.
A written answer will be provided to the parties within sixty (60) days after the complaints are filed.
The complainants will be notified should extenuating circumstances prevent completion of the investigation within sixty (60) days.
5.
Dispensation of the complaint will be filed with the Commissioner of the Minnesota Management &
Budget within thirty (30) days of final determination.
6.
All documentation associated with a complaint shall be considered investigative data under the
Minnesota Government Data Practices Act. The status of the complaint will be shared with the complainants and respondents. After an investigation is completed and all appeals are exhausted, all documentation is subject to the provisions of the Minnesota Government Data Practices Act.
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7.
All data collected may at some point become evidence in civil or criminal legal proceedings pursuant to state or federal statutes. An investigation may include, but is not limited to, the following types of data:
A. Interviews or written interrogatories with all parties involved in the complaint, e.g., complainants, respondents, and their respective witnesses; officials having pertinent records or files, etc.
B. All records pertaining to the case i.e., written, recorded, filmed, or in any other form.
8.
The Affirmative Action Officer designee shall maintain records of all complaints and any pertinent information or data for three (3) years after the case is closed.
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Normandale Community College will continue our commitment to hiring persons of color, persons with disabilities, and women. Normandale will consider individuals with disabilities for employment who can perform the essential functions of the position with or without reasonable accommodations and we will continue to direct recruitment efforts towards people with disabilities, women and minorities.
Goals and Timetables Chart
For Normandale Community College Affirmative Action Plan
July 1, 2010 through June 30, 2012
Women Minorities
People with a
Disability
EEO Job Group
Officials and
Administrators
Number
Underutilized Goal Timetable
Number
Underutilized Goal Timetable
Number
Underutilized Goal Timetable
Professionals
Technicians
Protective
Services: sworn
0
0
0
0
0
0
2
25
0
1 June 2012
1 March 2011
0
Protective
Services: nonsworn
Paraprofessionals
0 0 0
Office/Clerical
0 0 8 4 June 2012
Skilled Craft
1 1 June 2012 0 1 1 June 2011
Service
Maintenance
7 3 June 2011 0 4 1 June 2011
Factors used in determining goals were: Expected staff retirements, terminations and resignations; analysis of hiring patterns from previous years; opportunities to hire full-time unlimited staff, budget considerations, and available work force.
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1.
In order to maintain the Affirmative Action Plan, the Affirmative Action Officer will keep current of
EEOC guidance, new policies and procedures and trends within the field in order to effectively implement affirmative action and equal opportunity at the college.
Action steps: Review the EEOC/ Department of Human Rights and related websites to research policy changes.
Review materials /participate in ADA related training/visit ADA related websites.
Collaborate with the Office of Diversity at MMB and MnSCU.
Responsible party: Affirmative Action Officer
Target date: Ongoing through June 30, 2012
2.
To enhance the appreciation and recognition of the value of diversity at the college by offering a wide variety of programs, conferences and discussions featuring various cultures or which generate discussion on the topic of diversity.
Action steps: Obtain services of speakers, performers and trainers knowledgeable in the area of diversity.
Responsible Party: College Multicultural Services Center Program Coordinator, Equal
Opportunity/Affirmative Action Officer, President’s Task Force on Diversity and
Target date:
Excluded Administrators.
One to two events/opportunities per semester – ongoing through June 2012
3.
Provide computer-based sexual harassment prevention training opportunity to all staff as part of New
Employee Orientation.
Action steps: Schedule quarterly orientation
Responsible party: Chief Human Resources Officer
Target date: Ongoing through June 30, 2012
4.
Continue to evaluate the process for hiring faculty to determine if there are ways to improve our recruitment of protected class candidates, particularly those who identify as having a disability.
Action steps: Affirmative Action Officer, academic administrators, search committee chairs and members, human resource staff, and the college president will develop and implement recruitment efforts.
Responsible party: Affirmative Action Officer/academic administrators/HR staff/college president.
Target date: Ongoing through July 30, 2012
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5.
To raise awareness of procedures for complaints of discrimination or harassment.
Action steps: Provide information to all new employees on sexual harassment/discrimination, provide link to policy and procedure on college human resources web page and include in employee information for academic year opening workshops.
Responsible party: Human Resource staff/Affirmative Action Officer
Target Date: Ongoing through July 30, 2012
6.
Educate students and staff about whom to contact with a harassment/discrimination complaint.
Action Steps: Train additional investigators. Update signs advising staff and students who to contact for complaints relating to discrimination and harassment. Post signs in public areas of campus.
Responsible party: Affirmative Action Officer/Sexual Harassment/Discrimination Officers (Title XI).
Target date: June 30, 2011
7.
To ensure supervisors and administrators are aware of their AA/EO responsibilities.
Action Steps: Include EEO/AA responsibility statements in supervisors and administrators position descriptions as they are revised.
Responsible Party: Chief Human Resource Officer, Assistant Human Resource Director, supervisors
Target Date: and administrators.
Ongoing through June 30, 2012
8.
The Affirmative Action Officer and Assistant Human Resource Director will monitor the college’s Pre-
Employment Review Procedure to assure compliance with the procedure and ensure hiring authorities are not provided individual protected group information.
Action Steps: Provide training and actively monitor the hiring and Pre-Employment Review process used by search committees and hiring supervisors and adjust Pre-
Employment Review process as necessary.
Responsible party: Affirmative Action Officer/ Chief Human Resource Officer and human resource staff.
Target date: Ongoing through June 30, 2012
9.
Further develop and include diversity related segment as part of Human Resources New Employee onboarding process.
Action Steps: Develop materials related to diversity that will be presented during onboarding process, which is under construction. Ensure materials reflect diversity as an overarching value of the College.
17

Responsible party: Affirmative Action Officer/Chief Human Resource Officer and Human Resource
Target date:
Staff
Onboarding process developed by February 2011. Materials developed by March
2011
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Purpose of Audit

The purpose of auditing is to identify problem and challenge areas and to generate solutions; to determine if the College has successfully implemented its plan; and to determine the College’s compliance with complaint investigation requirements for protected group employees.
Good Faith Effort



The College’s Affirmative Action Officer (AAO) will monitor recruitment sources and results of recruitment of protected class applicants.

The College’s AAO will review college employment practices and ensure that policies and procedures designed to prohibit discrimination and encourage affirmative action hiring are followed.
The AAO will evaluate progress towards Affirmative Action goals at least semi-annually.
The AAO will monitor all legal discrimination complaint investigations to assure processing is done within the guidelines of applicable MnSCU policies and procedures and state and federal guidelines.
Policies and Procedures

The Chief Human Resource Officer/AAO will maintain records of the Affirmative Action Plan and
 support data.
The AAO will periodically review college policy and procedures, new employee orientation materials and other documents to assure availability of Affirmative Action, and non-discrimination information to all college employees.


Human Resources will maintain copies of advertisements and purchase orders for recruitment costs.
Discrimination complaints or complaints made under the American’s with Disabilities Act (ADA) will be tracked and maintained in the human resource office.

Reasonable Accommodation requests under the American’s with Disabilities Act and other state of federal law will be monitored for processing according to MnSCU policy and procedure and appropriate conclusions by the AAO/Chief Human Resource Officer.

A summary of the accomplishments for the prior year’s affirmative action goals and objectives will be included in the affirmative action plan.
Records Review

The Minnesota State Colleges and Universities System Office and Minnesota Management &
Budget will review/approve the Affirmative Action Plan for Normandale Community College.

The AAO/Chief Human Resource Officer will develop and approve all college recruitment and hiring practices and will periodically review hiring documentation for compliance with guidelines and for disparate impact.
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
Exit interviews will be offered to all unlimited employees who voluntarily terminate employment. Information gathered from the written interviews will be complied into a report for the President once a year.

Exit Interview information will be screened by the human resource office and the AAO as they are received.

Promotional decisions will be made considering bargaining agreement provisions, performance evaluations and other documents relevant to capability and performance.

All employment interviews, qualification scoring documents, and hiring processes will be reviewed and approved by the Chief Human Resource Officer/designee/AAO and will be monitored for compliance.

Documentation for ADA accommodation will be reviewed by the AAO/HR Chief Human
Resource Officer for consistency and compliance with applicable policies and procedures.

The college AAO/HR Chief Human Resource Officer will monitor the process, attainment of affirmative action goals, complaint process, workforce protected class analysis and complaint procedures for compliance with policy on an ongoing basis.
Personnel Practices and Procedures

Chief Human Resource Officer will conduct on-going review of personnel policies, procedures and practices to assure compliance with guidelines and good business practices.

Underutilizations will be periodically reviewed by AAO/Chief Human Resource Officer to determine if deficiencies are due to significant lack of applications from protected groups.

Review and results of recruitment sources are reviewed regularly by AAO/Chief Human Resource

Director and college administrators.
AAO/HR Chief Human Resource Director or designee reviews all employment interviews and scoring mechanisms prior to their use.

No pre-employment tests are given to applicants without human resource approval and they are
 reviewed for disparate impact possibilities.
Chief Human Resource Director/AAO reviews vacancy postings to assure compliance with bargaining agreements and good AA/EEO practices.
Evaluation of Program Objective July 2008 through June 2010
1. In order to maintain the Affirmative Action Plan, the Affirmative Action Officer will keep current of
EEOC guidance, new policies and procedures and trends within the field in order to effectively implement affirmative action and equal opportunity at the College.
Accomplished

Due to turnover in the Office of Human resources, there is no data on two previous College
Affirmative Action Officers; however, the current AAO attended two diversity and Affirmative
Action related training events since coming onboard in August 2009.
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2.

College subscribes to Internet diversity/affirmative action newsletter, as well as Inside Higher
Education.
Enhance the appreciation and recognition of diversity at the College by offering a wide variety of programs, conferences and discussions, which feature various cultures or generate discussion on the topic of diversity.
3.
Accomplished:

April 13, 20101 Community Success Day – Fourteen workshops presented had diversity as a
 component. Included presentations by faculty on diversity related issues.
Students hosted march and rally for Black History Month in February 2010. Over 200 members of the community attended.

President’s Council on Diversity meets monthly with staff, faculty and student participants.

Students’ Diversity Council meets monthly during academic year and provides feedback to
President’s Council.

College’s Center for Multicultural Services sponsored programs monthly for staff and students on topics such including ability, national origin and ethnicity, spirituality, race, sexuality and many other topics related to multi-culturalism and diversity. All of these events and presentations were open to college staff, students and the community.
Provide sexual harassment prevention training opportunity to all staff.
Partially Accomplished:

Due to turnover in the Office of Human Resources, there were no formal training opportunities on
 sexual harassment; however, the policy prohibiting sexual harassment was provided to all new employees.
Link to MnSCU policy and procedures on sexual harassment provided on HR website.
4.
Evaluate the process for hiring faculty/administrators to determine if there are ways to improve our recruitment of protected class candidates.
Partially Accomplished:

Due to turnover in the Office of Human Resources, the faculty hiring process for 2010 was not formally evaluated.

For all positions, in addition to the Chronicle of Higher Education publications, ads were placed in the largest metropolitan newspapers in-state and newspapers in other Midwestern.

For all faculty and administrator positions, ads were placed in the local minority press, including La
Prensa, The Circle, The Spokesman-Recorder and Asian Pages

For numerous non-faculty positions, ads were placed in the local minority press as listed above.
5.
Raise awareness of procedures for complaints of discrimination or harassment.
Accomplished:
21

6.
7.
8.
9.

State of Minnesota brochure is provided to all new employees

MnSCU policies and procedures information on sexual harassment and discrimination were provided to all employees during opening workshops in August 2009.
Raise awareness of who to contact with harassment/discrimination complaints.
Accomplished:

Signs with campus complaint officer’s names and contact information are posted in campus rest rooms and various other public locations on campus.

Notice of complaint officers names are distributed during opening workshops at the start of each fall semester.
Ensure supervisors and administrators are aware of their AA/EO responsibilities.
Accomplished:

AA/EO/Diversity statement is being included in new supervisor/administrator position descriptions in relation to the college’s strategic plan.

All new supervisors and administrators are required to review the Affirmative Action Plan and the MnSCU policies and procedures prohibiting sexual harassment and discrimination.
Affirmative Action Officer and Human Resources staff will monitor the college’s Pre-Employment
Review procedure to assure compliance.
Accomplished:

Training is provided to all search committee members, hiring supervisors and administrators
 regarding the pre-employment review process and their obligations under the policy.
The campus Affirmative Action Officer/Chief Human Resource Officer works closely with faculty search committee chairs to ensure understanding of the college’s responsibility to follow the Pre-
Employment Review process.
Raise awareness of hiring supervisors/administrators about the Supported Worker Program with objective of hiring a supported worker.
Partially Accomplished:

Information is provided but appropriate opportunity has not been presented.
22

State law governing affirmative action programs requires Normandale Community College to establish methods of auditing, evaluating and reporting program success. This includes a procedure for pre-employment review of all hiring decisions for units where underutilization currently exists. When such a vacancy occurs, the procedure below will be followed before an offer of employment is made.
Supervisors, administrators or any individual directly involved in the hiring process may not have access to specific protected group information. Under the law, protected group information is confidential and access must be extremely limited.
Hiring decisions should never be based solely on protected group status. Basing a hiring decision solely on protected group traits is illegal, as is allowing it to be the basis for termination, promoting, or compensating a protected group individual. Hiring goals are not quotas to be filled; they are goals NCC will make a concentrated good faith effort to achieve.
1.
A search committee/interview panel is established or an individual supervisor conducts the hiring process.
(Search committees are encouraged but are not mandatory, especially if the proposed vacancy is support in nature, clearly part-time or of short duration.) When possible, search committees/interview panels will be diverse and represent protected classes. The President (or designee) and/or Affirmative Action Officer
(AAO) will approve the committee/panel.
2.
Tasks of search committees/interview panels/supervisors may include a review of the position description, creation of the interview and credential rating questions, interviewing and the evaluation of candidates. The committee/panel must determine the distribution of tasks to be performed so that the entire process becomes a shared responsibility.
3.
The AAO/Chief Human Resource Officer meets with the search committee to advise them of the search procedure as it relates to Affirmative Action and may meet with interview panels/supervisor for the same purpose. The AAO/Chief Human Resource Officer plays a key role in ensuring that equal employment and affirmative action processes and interests are met.
4.
The search committee chair or supervisor, in cooperation with the appropriate committee or panel members and human resources, develops a plan of recruitment sources and activities; drafts advertisements for the vacancy notice, and develops interview questions, evaluation forms. The AAO and the Chief Human
Resource Officer (or designee) must approve all of these documents/activities.
5.
For non-Resumix hires: When applications have been received, the affirmative action officer/chief human resources officer or designee provides each applicant a Supplemental Personnel Data form (and a stamped, self-addressed envelope for its return) if the form was not completed in the on-line application process. The purpose is to monitor the candidate pool for diversity and for equal employment opportunity. The affirmative action officer then examines the initial applicant pool for its composition of women, minorities and disabled candidates. When this review is completed, the EO/AAO approves or disapproves the pool.
23

6.
For non-Resumix hires, after the initial screening, the list of semifinalists (Interviewees) is submitted to the
President or AAO for approval prior to the start of any interviews. When the interviews have been completed, the search committee submits a list of finalists to the president or designee for final hiring approval. Final candidates must be submitted in unranked order.
7.
When underutilization of a protected group exists, qualified candidates who could fill the disparity should be included for consideration at every stage of the application process. If a protected group applicant who could fill the underutilization is not selected, no job offer is made to any other candidate, until approval is received for a missed opportunity. The supervisor or search committee chair has the responsibility for requesting the missed opportunity and providing documentation as to why the selected individual was chosen and documenting why the other finalists were not chosen. The rational is submitted to the AAO, the Chief
Human Resources Officer (or designee) and the college President.
8.
The President reviews the rationale; either approves or denies the missed opportunity, and notifies the supervisor or search committee of the decision. If the missed opportunity request is denied, the President indicates what further action is recommended.
9.
At any stage of the process, the AAO may request that the President extend the certification process (Resumix process hires) and/or close the search or extend (non-Resumix process hires), if the pool of underrepresented class candidates is not satisfactory and a reasonable opportunity exists to obtain a more diverse applicant pool.
The pre-review process for all layoffs will make lay-off determinations consistent with the applicable collective bargaining agreements and personnel plans. The process will include discussion between the department administrators and the CHRO/AAO (or their designees). The effect of the layoff(s) decision(s) on the college's affirmative action goals and timetables will be considered.
24

Severe Weather/Emergency Closing/Evacuation:
In the event of the closing of the college because of a weather emergency (flood, tornado, severe thunder storms, earthquake, blizzard or severe snowstorm), the following notification procedures will be followed:

Notification of employees on duty and/or students that are on campus at the time the emergency is declared: the president shall inform employees at the time of closing. Safety and Security, as well as other appropriate student support services and academic offices will notify students.

Notification of employees not on duty or students not on campus: Both employees and students will be notified through announcements on WCCO -830 AM radio as well as WCCO television. Employees should call their own voice mailbox to receive current information. An announcement of the closing/delayed opening will also be on the voicemail of the main college phone number.

Notification to deaf and hard of hearing persons: Instructors and supervisors are responsible for notification of persons who are deaf or hard of hearing. The administrator in charge of the College Security Office makes an announcement on the Public Announcing System emphasizing that instructors and supervisors are obligated to take special efforts to notify people in their classes or work areas that cannot hear the instructions over the public address system. If notification is by phone, the college TTY phone number is
952-832-6552; the New Student Services TTY is 952-832-6864. Weather announcements are broadcast on the televisions in the College Center and are accessible to all students and staff.
Tornado:

Tornado Watch: Probability of a tornado is high. Means: Watch for tornado, listen to weather bulletins.

Tornado Warning: Tornado has actually been signed in the area and everyone must take shelter.

Siren Warning Signal: Take shelter immediately

Safest places to take shelter are: Stairwells, basements, interior rooms without windows, interior corridors.

Unsafe places to take shelter: Near windows or glass doors, auditoriums, upper stories, and vehicles.

Normandale Community College has marked shelter areas on the lower levels of the college. Supervisors
 will assist mobility impaired persons to the shelter areas.
The emergency announcement is made over the public address system. Supervisors, staff and instructors are reminded to assist mobility impaired persons to marked shelter areas. Hard of hearing persons are notified by supervisors, instructors and college staff. There are also flashing red signs throughout the college to notify persons who are deaf or hard of hearing.
Fires:

Activate fire alarm system (includes red flashing signs for hearing impaired)
25


Call campus security at # 6877

Evacuate building if fire is out of control

Use extinguisher only on small controllable fires

Do not use elevators

College instructors and supervisors are responsible for assisting people with disabilities to evacuate building and for notifying people who are deaf or hard of hearing of the emergency

If time, close doors and windows behind you

Use stairwells to evacuate (do not use elevators)

If caught in smoke, stay near floor and crawl to exit (mobility impaired employee/students will be assisted by supervisors or other employees).
STUDENTS WITH DISABILITIES – Emergency Evacuation Plan (all circumstances)
In the event an emergency alarm is sounded in any building on the Normandale Community College campus, it is extremely important that each person knows where to go and what to do in order to assure safe and timely evacuation from the premises.
Faculty members: If you have a mobility or sensory impaired student in your classroom, he or she will be identified on their accommodation sheet from the Office of Students with Disabilities that you will receive at the beginning of each semester. If assistance is needed, please accompany the student with the disability from the classroom to a designated safe area for evacuation. You may also wish to establish a buddy system between the students with a disability and another responsible student who would be willing to stay in the safe area until assistance arrives.
Students: it is your responsibility to be aware of the designated safe areas for evacuation closest to your classrooms so that you can direct classmates or other volunteers to escort you there. Maps of designated safe areas will be provided to you at the beginning of the year from the Office for Students with Disabilities. We recommend carrying a cell phone at all times.
Evacuation exits:
1. All areas on the first floor of each building have outdoor access.
2. All areas on the second floor of the inner ring corridors have access to the outdoor mall areas.
Designated safe Areas for Evacuation (there are five areas):
1.
College Services Building……………Front part (south side) on the second and third floors in the landing area and Computer Center on the third floor, hallway near stairwell.
2.
Fine Arts Building……………………..Auditorium on the second floor (old staff office area).
3.
Library………………………………….Mezzanine area near the stairwell
Emergency personnel will evacuate the safe areas:
26

Each designated safe area for evacuation will have directions and maps with identified areas; analog phones; and, space for at least two wheelchairs. The emergency response team will provide evacuation lift chairs when necessary.
(See Appendix K)
Bombs/Bomb threat or hazardous materials threat response:

Remain calm and note: Male/female voice, accent, irrational/rational, background noise.

Threat by phone: ask “When is it going to explode, where is the bomb, what does it look like, what will cause it to explode, did you place the bomb, why, what is the organization you represent and what is your name and address.”

Call campus security (555) immediately.

If suspicious object discovered: Do not move or touch the object; evacuate the immediate area; notify
Security.
Other Actions: Bomb squad may be called and search may be made; evacuation may be ordered; college security director will give all clear.
Note: In all cases of evacuation, persons with disabilities will be notified and assisted in evacuation using the procedures above. Supervisors, staff, faculty and students are responsible for assisting mobility impaired employees in evacuating.
27

ADA Coordinator - employees: Michelle Thom, Chief Human Resource Officer
Reasonable accommodations will be provided as appropriate in accordance with Normandale
Community College’s 1B.0.1 Reasonable Accommodations in Employment procedure. Normandale
Community College procedures will also be in accordance with pertinent state and federal laws.
It is the policy of Normandale Community College to encourage the employment and promotion of any qualified person, including persons with disabilities. Please refer to Appendix F; MnSCU policy 1B.0.1,
Access for Individuals with Disabilities. The college will provide reasonable accommodations directly related to performing the essential functions of a job or competing for a job on the basis of qualifications without regard to a person’s disability.
Reasonable accommodations will not be provided for non-job related personal needs of individuals, even though the individual or person may be an individual with a disability. In such cases, questions may arise as to whether the accommodation is personal or job-related. The primary factor in evaluating an accommodation’s job relatedness is whether the accommodation specifically assists the person to perform the job or whether the requested accommodation is primarily to assist the person in daily activities, on and off the job. In the latter case, a reasonable accommodation is not required.
If Normandale Community College denies employment or advancement in employment based on individual's with disability’s inability to perform and declines to make a reasonable accommodation to the physical or mental needs of an employee with a disability or job applicant with a disability to enable the individual to perform the essential functions of the job, it must be demonstrated that a) the accommodation would impose an undue hardship on the college; b) the accommodation does not overcome the effects of the person with a disability that prevents performance of the essential job functions; or c) the individual with a disability, with or without reasonable accommodations, is not qualified to perform the essential functions of that particular job.
Please refer to MnSCU Policy 1B.01; Access for Individuals with Disabilities (Appendix F) for further information. These procedures are applicable to job applicants with disabilities, employees with disabilities and employees with disabilities who are seeking promotion. The ADA compliance officer for employees is Michelle Thom, Chief Human Resource Officer (952-487-8271).
28

1. All initial communication with job applicants regarding job vacancies shall indicate the willingness of the college to make reasonable accommodations to the known physical or mental disabilities of applicants, and shall invite applicants to contact the college to request accommodations.
2. The individual contacted with the request shall immediately contact the affirmative action officer. Requests shall be processed in a timely manner.
3. The affirmative action officer shall contact the job applicant to discuss the requested accommodation and possible alternatives.
4. If the affirmative action officer approves the requested accommodation, the request will be forwarded to the college president for final approval.
5. If the accommodation is approved, the affirmative action officer and the hiring committee chair will take the necessary steps to see that the accommodation is provided.
6. If the requested accommodation is denied and the individual believes the decision is based on discriminatory reasons, he/she may file a complaint internally through the discrimination complaint procedure as outlined in this plan.
29

1. The supervisor and the employee with a disability consult to determine the need for accommodation and to discuss such alternatives as job restructuring, job site modification, and assistant devices. The employee may request the assistance of other individuals in support of his/her request. Alternatives are discussed with the division administrator and the Affirmative Action Officer. Documentation containing private medical data should not be requested or retained by the supervisor but will be requested/retained by the Affirmative Action officer.
2. The employee submits a written request for reasonable accommodation (Form Admin. #458), which can be obtained from the Human Resources Office. The request must include a justification for the accommodation and a statement of the limitations. A medical statement of limitations may be included or requested by the Affirmative Action Office.
3. The Affirmative Action Officer, the supervisor, the division administrator and the employee will work cooperatively to determine if /how the accommodation will be made. The Affirmative Action Officer will maintain contact with the employee requesting the accommodation while researching the accommodation request.
4. Available alternatives, impact on resources and the eligibility of the employee for the accommodation are assessed by the Affirmative Action Officer, the supervisor and the division administrator. The decisions to grant, amend, or deny the requested accommodation is made within a reasonable time of the original request.
5. The Affirmative Action Officer completes the Reasonable Accommodations Agreement Form (Admin.
459), either accepting or denying the request, and obtains the necessary signatures.
6. A copy of the Admin. 459 form is returned to the employee and the division administrator/supervisor who is responsible for implementing the decision.
7. If the request is approved and a purchase is necessary, the division administrator/supervisor submits appropriate documents for purchase.
Appeals
An employee who is dissatisfied with the reasonable accommodation decision can appeal directly to the college president within a reasonable time of receiving of the decision. The employee may request the assistance of other individuals in support of his/her request. Within five working days, the college president (or designee) will arrange to meet with the employee to discuss the reasonable accommodation request.
The college president will make a final determination within five working days and will convey the decision to the employee, the affirmative action officer and division administrator/supervisor.
30

Complaints
If the employee is still dissatisfied and feels the decision was based upon discriminatory reasons, the employee may utilize the discrimination complaint procedure contained in this Affirmative Action Plan.
Funding is provided for reasonable accommodations through various department budgets. Factors in determining funding for reasonable accommodation include the availability of funds, the cost of the accommodation, the need for the accommodation, the "reasonableness" of the accommodation and the College's obligation to provide the accommodation.
31

1.
Vacancies in job groups in which the College is underutilized will be advertised in publications targeting minorities, women and people with disabilities and notices of vacancies will be provided to community-based organizations.
2.
The MMB and MnSCU recruitment programs/resources will also be utilized. When we have flexibility in selecting candidates, all college personnel will be notified of vacancies in these areas and encouraged to refer qualified candidates.
3.
For more routine service and support positions, we may attempt to recruit protected class candidates through Minnesota Job Service, agencies that provide services to these groups, the
Internet, and any other sources of recruitment assistance that might be productive.
4.
Recognizing that temporary positions often offer entry into the State system, we practical, we will attempt to recruit protected class candidates for temporary positions using the same strategies listed in (1 and 2).
5.
Advertising sources:

Star Tribune (newspaper)

St. Paul Pioneer Press (newspaper)

Regional print sources for faculty hiring

Professional publications and web sites

Minnesota Workforce Center (state agency)
 The Chronicle of Higher Education (national publication)

La Prensa De Minnesota (publication)

Asian Pages (newspaper)

St. Paul Recorder (newspaper)

Minneapolis Spokesman (publication)

Native American Press (publication)

National Minority Recruitment Website
 Diversity.com

Minnesotajobs.com
These sources and more are used for faculty, administrative, unclassified professional and managerial positions.
32

6.
Budget: Approximately $18,000 is allocated for advertising from HR budget. Additional funds used from various college department budgets.
7.
The College receives a large number of applications for most faculty and administrative positions
(approximately 50 to 150 each position). Our applicant pools are adequately diverse in some instances and marginally diverse in others.
Professional and support staff applicant diversity is adequate for most positions. A majority of the faculty and administrator applicants indicate they obtain vacancy information from either the
MnSCU or Normandale website, the Chronicle of Higher Education or the Minneapolis Star and
Tribune. We continue to receive increased interest from diverse candidates. We have been generally been unsuccessful in obtaining faculty and administrator applicants from the minority publications. We have a particularly low number of minority applicants for faculty in the areas of
Nursing and other health sciences programs.
8.
Other Recruitment Sources:

Minnesota State Colleges and Universities web site

Internet posting services

General internet employment sites
 Recruitment by employees

Vacancy postings in professional journals and publications.

Minority Applicant Resume Banks

Major newspapers in other northern tier states

Mailings
9.
Web Posting: The Normandale Community College Human Resources Web Page is currently being used to attract applicants. Prospective applicants can access job postings, application forms, protected group reporting forms and other information related to job application.
Faculty and administrator candidates can complete their application process entirely online.
10.
Job Fairs: The College does not generally use job fairs as a recruiting tool; however, in the spring of
2010, Congressman Eric Paulson hosted a job fair at Normandale. Human Resources staff hosted a table and talked to over 500prospective candidates about job opportunities here at the College.
11.
It is anticipated that a significant number of faculty will retire over the coming years. This will provide an opportunity to recruit through the sources mentioned above.
33

12.
Persons with Disabilities: The College will post positions with appropriate rehabilitation services organizations and local rehabilitation and vocational organizations in seeking additional sources to recruit persons with disabilities.
13.
Supported work: The College currently has no positions designated as supported work but is aware of the program and will consider vacated positions for supported work. We will contact the state
ADA disability coordinator to recruit and hire for positions, which may be filled as supported work.
We will also contact local rehabilitation/vocational organizations and/or rehabilitation services for additional assistance.
14.
We will state on job postings and our internal publications that the information is available in alternate formats.
15.
General statistics have been gathered for applicants for faculty vacancies since 1999. Given the current labor market availability for some positions, we are generally satisfied we have received acceptable numbers of diverse applicants for vacancies.
16.
The academic programs at Normandale requiring internships of students are almost exclusively arranged in the business community. On-site Internships are generally limited to our own students and are usually done at the student's request as part of their academic program. Occasionally
Normandale sponsors an academic internship in the areas of Counseling and Business. These opportunities are generally posted to Normandale students via the student newspaper, employment postings, the career center office and to other educational institutions in the MnSCU system.
Special Recruitment Initiative
Normandale’s Office of Human Resources developed Normandale’s first human resources Internet web page in 1999. The goal of the web site is to provide prospective applicants information about job openings and to make it as easy as possible to make application. Continued improvements to the site provide easy access to prospective applicants. The page is linked to the College’s main site and is referenced on the MnSCU web site. All unlimited and one-year faculty positions are posted, as well as other professional and support positions. Information is given regarding the application process and who to contact with questions. The College’s application and protected group declaration form is provided for download and for completion directly on-line.
34

The supported employment program is designed to give people with severe physical, mental health and developmental disabilities employment opportunities within state government. Normandale Community
College is committed to assisting the State of Minnesota to comply with legislative language establishing this program.
As classified vacancies occur, the essential functions of the position will be identified to determine if participation in the supported employment program is feasible. We will contact the State ADA/Disability
Coordinator and local vocational/rehabilitation organizations or services for assistance in recruitment.
The Human Resource Director will provide information about supported employment and have discussion with college supervisors at their regular training meetings about the possibility of developing a support employment position in their work units.

In order to educate and to help college staff feel welcome and accepted, diversity/multicultural programming will be held regularly for students and staff. The programming will address a wide variety of diversity related issues and will be available free of charge.

Staff training events will be recommended and provided by the President’s Diversity Task Force.
Individual staff who are demonstrate a lack of awareness of the importance of diversity will be assigned training to assist them. Sexual Harassment/Discrimination information/training will be provided to staff upon hire, on a regular basis and as necessary.

Protected group staff will be invited to participate on the President’s Diversity Task Force.

College supervisors/administrators will be made aware of the American’s with Disabilities Act and their responsibilities under the act.

New employee orientation is done to assist employees with understanding our work environment. It includes introductions to staff, tours of the campus, one-to-one time with a human resources staff member, benefits orientation with human resources staff, comprehensive web-based written materials on college policies and work rules, and the college's policies governing harassment, discrimination and ADA accommodation.

Administrative staff will discuss long term strategies for retention in conjunction with development of the college's assessment of institutional effectiveness.

A private exit interview process is available for all terminating employees.
35


Separation and layoff patterns of staff are analyzed intermittently to determine impact on protected group members.

All college excluded administrators are responsible for the college's retention activities.
They are: o Catherine Breuer, Associate Dean of Financial Aid and Scholarships o Ed Wines, Vice President of Finance & Operations o Orinthia Montague, Associate Dean of Students o Brenda Dickenson, Dean of Continuing Education and Customized Training o Craig Erickson, Director of Fiscal Services o Julie Guelich, Vice President of Academic Affairs o Jeff Judge, Dean of Humanities o Dr. Colleen Brickle, Dean of Health Sciences o Tina Wade, Dean of Science, Technology, Engineering & Math o Michelle Thom, Chief Human Resource Officer o Teri Avis Wichman, Dean of Social Sciences and Library o Dr. Joseph Opatz, President o TBD, Chief Information Officer o Rick Smith, Dean of Enrollment, Marketing & Multicultural Services o Dr. Lisa Wheeler, Vice President of Student Affairs o Michael Berndt, Dean of Planning & Institutional Effectiveness
36

Separation Analysis
Normandale Community College
2008-2010
Type of Separation
Dismissal or non-cert
Retirement
Resignation
Total
Number Percentage
3
11
12%
42%
12
26
46%
37

Board Policies
Minnesota State Colleges and Universities is committed to and supports aggressive affirmative action steps and programs intended to remedy the historical under representation of persons of color, women, and persons with disabilities in the workforce.
Date of Implementation: 09/20/94
Date of Adoption: 09/20/94
Date and Subject of Revision:

Minnesota State Colleges and Universities Board Policies
Chapter 1 - System Organization and Administration
Section B - Equal Education and Employment Opportunity
1B.1 Nondiscrimination in Employment and Education Opportunity
Part 1. Policy Statement. Minnesota State Colleges and Universities 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, or sexual orientation.
In addition, discrimination in employment based on membership or activity in a local commission as defined by law is prohibited. Harassment on the basis of race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, or sexual orientation is prohibited.
Harassment may occur in a variety of relationships, including faculty and student, supervisor and employee, student and student, staff and student, employee and employee, and other relationships with persons having business at, or visiting the educational or working environment.
This policy is directed at verbal or 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, Minnesota State Colleges and Universities will give due consideration to an individual’s constitutionally protected right to free speech and academic freedom. However, discrimination and harassment are not within the protections of academic freedom or free speech.
The system office, colleges, and universities shall maintain and encourage full freedom, within the law, of expression, inquiry, teaching and research. Academic freedom comes with a responsibility that all members of our education community benefit from it without intimidation, exploitation or coercion.
This policy shall apply to all individuals affiliated with Minnesota State Colleges and Universities, including but not limited to, its students, employees, applicants, volunteers, agents, and Board of Trustees, and is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation or reprisal. Individuals who violate this policy shall be subject to disciplinary or other corrective action.
This policy supersedes all existing system, college, and university non-discrimination policies.
Part 2. Definitions.

Subpart A. Consensual Relationship. A sexual or romantic relationship between two persons who voluntarily enter into such a relationship. Employees who are members of the same household should also refer to the Board of Trustees Nepotism policy 4.10.
Subpart B. Discrimination. Discrimination is defined as conduct that is directed at an
Individual because of his or her protected class 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 system or colleges and universities or otherwise adversely affects the individual's employment or education.
Subpart C. Discriminatory harassment. Discriminatory harassment is defined as verbal or physical conduct that is directed at an individual because of his or her protected class, and that is sufficiently severe, pervasive, or persistent so as to have the purpose or effect of creating a hostile work or educational environment.
As required by law, Minnesota State Colleges and Universities has further defined sexual harassment as a form of sexual 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:
1. 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 university; or
2. 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 university; or
3. Such conduct has the purpose and 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.
Subpart D. Employee. Minnesota State Colleges and Universities personnel include all faculty, staff, administrators, teaching assistants, graduate assistants, residence directors and student employees.
Subpart E. Protected Class. Protected class for the purpose of this policy means that discrimination and harassment in employment and education are prohibited on the basis of: race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance or sexual orientation. In addition, membership or activity in a local human rights commission is a protected class in employment.
Subpart F. Retaliation. Retaliation includes, but is not limited to, intentionally engaging in any form of intimidation, reprisal or harassment against an individual because he or she made a complaint under this policy or assisted or participated in any manner in an investigation, or process under this policy, regardless of whether

a claim of discrimination or harassment is substantiated; or associated with a person or group of persons who are disabled or are of a different race, color, creed, religion, sexual orientation or national origin. Retaliation may occur whether or not there is a power or authority differential between the individuals involved.
Subpart G. 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 system office and colleges and universities shall comply with the reporting requirements in Minnesota Statutes Section 626.556
(reporting of maltreatment of minors) and Minnesota Statutes Section 626.557 (Vulnerable Adult Protection Act).
Nothing in this policy will prohibit the system office or any college or university from taking immediate action to protect victims of alleged sexual abuse. Minnesota State Colleges and Universities 1B.3 Sexual Violence Policy addresses sexual violence.
Subpart H. Student. “Student” means an individual who is:
1. admitted, enrolled, registered to take or is taking one or more courses, classes, or seminars, credit or noncredit, at any System college or university; or
2. between terms of a continuing course of study at the college or university, such as summer break between spring and fall academic terms; or
3. expelled or suspended from enrollment as a student at the college or university, during the pendency of any adjudication of the student disciplinary action.
Part 3. Consensual Relationships. An employee of Minnesota State Colleges and Universities shall not enter into a consensual relationship with a student or an employee over whom he or she exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence. In the event a relationship already exists, each college and university and system office shall develop a procedure to reassign evaluative authority as may be possible to avoid violations of this policy. This prohibition does not limit the right of an employee to make a recommendation on personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or compensation plan.
Part 4. Retaliation. Retaliation as defined in this policy is prohibited in the system office, colleges and universities. Any individual subject to this policy who intentionally engages in retaliation shall be subject to disciplinary or other corrective action as appropriate.
The chancellor shall establish procedures to implement this policy. The nondiscrimination in employment and education opportunity policy and procedures of colleges and universities shall comply with Policy 1B.1 and
Procedure 1B.1.1.
Date of Implementation: 09/20/94
Date of Adoption: 09/20/94
Date and Subject of Revision:
6/21/06 – Amended policy to streamline and clarify language. Part 3 was amended to prohibit relations between employees and students or employees over whom the employee exercises direct or significant authority or influence. 12/20/95 - Added everything after the first paragraph.

Minnesota State Colleges and Universities
System Procedures
Chapter 1B – System Organization and Administration /Equal Education and Employment Opportunity.
Procedure 1B.1.1 Report/Complaint of Discrimination/Harassment
Investigation and Resolution, Part 1. Procedure objective.
This procedure is designed to further implement Minnesota State Colleges and Universities policies relating to non-discrimination by providing a process through which individuals alleging violation of system nondiscrimination policies may pursue a complaint. This includes allegations of discrimination or harassment based on sex, race, age, disability, color, creed, national origin, religion, sexual orientation, marital status, status with regard to public assistance or membership or activity in a local commission. This procedure is not applicable to allegations of sexual violence which should be handled under appropriate system and college or university policies and procedures.
A single act of discrimination may be based on more than one protected class status. For example, discrimination based on anti-Semitism may relate to religion, national origin, or both; discrimination against a pregnant woman might be based on sex, marital status, or both.
This procedure shall apply to all individuals affiliated with Minnesota State Colleges and Universities, including its students, employees, and applicants for employment, and is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation/reprisal.
Individuals who violate this procedure shall be subject to disciplinary or other corrective action.
Not every act that may be offensive to an individual or group constitutes discrimination or harassment. In determining whether discrimination or harassment has occurred, the totality of the circumstances surrounding the incident must be carefully reviewed and due consideration must be given to the protection of individual rights, freedom of speech, academic freedom and advocacy.
The system office, colleges, and universities shall maintain and encourage full freedom, within the law, of expression, inquiry, teaching, and research. Academic freedom comes with a responsibility that all members of our education community benefit from it without intimidation, exploitation, or coercion. Discrimination and harassment are not within the protections of academic freedom.
Part 2. Definitions.
Subpart A. Designated officer. A designated officer is an individual designated by the president or chancellor to be primarily responsible for investigating or coordinating the investigation of reports and complaints of discrimination/ harassment in accordance with this procedure. Designated officers may include individuals in the affirmative action or

equity office, the campus security office, the student affairs or student life office, academic or administrative offices of the system office, college, or university. The president or chancellor may designate other individuals to assume the role of the designated officer as deemed necessary. Designated officers must attend investigator training conducted by the Office of the Chancellor.
Subpart B. Decision-making authority. A decision-maker is an individual designated by the president or chancellor to review investigative reports, to make findings whether the discrimination/harassment policies have been violated based upon the investigation and other measures deemed necessary to reach a decision, and to determine the appropriate action for the institution to take based upon the findings.
The decision-maker shall be a top level administrator such as a college or university vice president, dean or provost. At the system office, the decision-maker shall be a top level administrator such as a chancellor, vice chancellor, associate vice chancellor or other appropriate system office personnel.
The president or chancellor may designate other individuals to assume the role of the decision maker as deemed necessary. Designated decision-makers for complaints under this procedure, including presidents, must attend decision-maker training conducted by the Office of the Chancellor.
Part 3. Reporting incidents of discrimination/harassment.
Subpart A. Reporting an incident. The system office, colleges, and universities encourage 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 designate 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.
1. Colleges and universities. This procedure applies to all members of the educational 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.
2. System office. For reports/complaints which involve allegations against system office employees, the responsibilities identified in this procedure as those of the president are the responsibilities of the chancellor. Reports/complaints which involve allegations against the chancellor or a member of the Board of Trustees shall be referred to the chair or vice chair of the Board for processing. Such reports/complaints may be assigned to appropriate system office personnel or outside investigatory assistance may be designated.
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 person 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 designated 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:
1. 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.
2. 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.
3. 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.

4. Complaint Form. The designated officer shall insure that the complaint is documented in writing on the complaint form available from system office, college, or university authorities. 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.
5. 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.
6. 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:
1. suggest counseling or sensitivity training;
2. conduct training for the unit, division, or department, calling attention to the consequences of engaging in such behavior;
3. facilitate meetings between the parties;
4. separate the parties, after consultation with appropriate system office, college or university personnel;

5. 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;
6. 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.
1. 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.
2. 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:
1. a request that the designated officer take additional investigative measures;
2. 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;
3. 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.
1. 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.
2. 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) classes 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.
3. 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 decisionmaker. 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 decision maker.
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-topeer 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.
Approval Date: 02/17/97,Effective Date: 05/08/03,
Date and Subject of Revision: 04/02/03- amended portions of the policy - Part 1. - added second paragraph, Part 2, Subpart
A – added second paragraph, Part 2, Subpart B – added second paragraph, Part 3, Subpart D, 1, 2. – slight modifications,
Part 5, Subpart G, 3. – slight modification, Part 6 – deleted last sentence, Part 7, Subpart A deleted a sentence, Part 7, Subpart C – slight addition, Part 10 – added second
paragraph, December 18, 2000 - amended the entire policy

Board Policies
Part 1. Policy statement. Sexual violence is an intolerable intrusion into the most personal and private rights of an individual, and is prohibited at Minnesota State Colleges and Universities. Minnesota State
Colleges and Universities is committed to eliminating sexual violence in all forms and will take appropriate remedial action against any individual found responsible for acts in violation of this policy.
Acts of sexual violence may also constitute violations of criminal or civil law, or other Board Policies that may require separate proceedings. To further its commitment against sexual violence, Minnesota
State Colleges and Universities provides reporting options, internal mechanisms for dispute resolution, and prevention training or other related services as appropriate.
Subpart A. Application of policy to students, employees, and others. This policy applies to all
Minnesota State Colleges and Universities students and employees and to others, as appropriate, where alleged incidents of sexual violence have occurred on System property. Incidents of sexual violence alleged to have been committed by a student at a location other than on System property are covered by this policy pursuant to the factors listed in Minnesota State Colleges and Universities Board Policy
3.6, Part 5. Incidents of sexual violence alleged to have been committed by a Minnesota State Colleges and Universities employee at a location other than System property are covered by this policy.
Individuals alleged to have committed acts of sexual violence on System property who are not students or employees are subject to appropriate actions by Minnesota State Colleges and Universities, including, but not limited to, pursuing criminal or civil action against them. Allegations of discrimination or harassment are governed by Board Policy 1B.1.
Subpart B. College and university policies. Each Minnesota State Colleges and Universities college and university shall adopt a clear, understandable written policy on sexual violence that applies to its campus community, including, but not limited to, its students and employees. The policy content and implementation shall be consistent with the standards in this Policy and Procedure 1B.3.1.
Part 2. Definitions. The following definitions apply to this Policy and Procedure 1B.3.1.

Subpart A. Sexual violence. Sexual violence includes a continuum of conduct that includes sexual assault, and non-forcible sex acts, as well as aiding acts of sexual violence.
Subpart B. Sexual assault. “Sexual assault” means an actual, attempted, or threatened sexual act with another person without that person’s consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under Minnesota State
Colleges and Universities student conduct codes and employee disciplinary standards. Sexual assault includes but is not limited to:
1. Involvement without consent in any sexual act in which there is force, expressed or implied, or use of duress or deception upon the victim. Forced sexual intercourse is included in this definition, as are the acts commonly referred to as “date rape” or “acquaintance rape.” This definition also includes the coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another.
2. Involvement in any sexual act when the victim is unable to give consent.
3. The intentional touching or coercing, forcing, or attempting to coerce or force another to touch an unwilling person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast).
4. Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.
Subpart C. Consent. Consent is informed, freely given and mutually understood. If coercion, intimidation, threats, and/or physical force are used, there is no consent. If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, and the condition was known or would be known to a reasonable person, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Whether the respondent has taken advantage of apposition of influence over the complainant may be a factor in determining consent.
Subpart D. Non-forcible sex acts. Non-forcible acts include unlawful sexual acts where consent is not relevant, such as sexual contact with an individual under the statutory age of consent, as defined by Minnesota law, or between persons who are related to each other within degrees wherein marriage is prohibited by law.
Subpart E. System property. “System property” means the facilities and land owned, leased, or under the primary control of Minnesota State Colleges and Universities, its Board of Trustees, Office of the
Chancellor, colleges and universities.
Subpart F. Employee. “Employee” means any individual employed by Minnesota State
Colleges and Universities, its colleges and universities and Office of the Chancellor, including student workers.

Subpart G. Student. “Student” means an individual who is:
1. admitted, enrolled, registered to take or is taking one or more courses, classes, or seminars, credit or noncredit, at any System college or university; or
2. between terms of a continuing course of study at the college or university, such as summer break between spring and fall academic terms; or
3. expelled or suspended from enrollment as a student at the college or university, during the pendency of any adjudication of the student disciplinary action.
Date of Implementation: 04/21/04
Date of Adoption: 04/21/04
Date and Subject of Revision:

System Procedures
Part 1. Procedure objective. This procedure is designed to further implement Minnesota State Colleges and Universities Board Policy 1B.3 prohibiting sexual violence. This procedure provides a process through which individuals alleging sexual violence may pursue a complaint.
This procedure is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation and reprisal.
Part 2. Definitions.
Subpart A. Policy definitions. The definitions in Policy 1B.3 also apply to this procedure.
Subpart B. Campus security authority. Campus security authority includes the following categories of individuals at a college or university:
1. A college or university security department;
2. Other individuals who have campus security responsibilities in addition to a college or university security department;
3. Any individual or organization identified in a college or university security policy as an individual or organization to which students and employees should report criminal offenses;
4. An official of a college or university who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings; advisors to recognized student organizations, and athletic coaches. Professional counselors, whose official responsibilities include providing mental health counseling, and who are functioning within the scope of their license or certification are not included in this definition.
Part 3. Reporting incidents of sexual violence.
Subpart A. Prompt reporting encouraged. Complainants of sexual violence may report incidents at any time, but are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding.
Complainants are strongly encouraged to report incidents of sexual violence to law

enforcement for the location where the incident occurred. Complainants are also encouraged to contact the local victim/survivor services office, counseling and health care providers, and Minnesota State
Colleges and Universities campus security authorities for appropriate action.
Subpart B. Assistance in reporting. When informed of an alleged incident of sexual violence, all Minnesota State Colleges and Universities students and employees are urged to encourage and assist complainants, as needed, to report the incident to local law enforcement, local victim/survivor services and campus security authorities.
Minnesota State Colleges and Universities campus security authorities, when informed of an alleged incident of sexual violence, shall promptly assist the complainant, including providing guidance in filing complaints with outside agencies including law enforcement; obtaining appropriate assistance from victim/survivor services or medical treatment professionals; and filing a complaint with campus officials responsible for enforcing the student conduct code or employee conduct standards. When appropriate, Minnesota State Colleges and Universities may pursue legal action against a respondent, including, but not limited to, trespass or restraining orders, in addition to disciplinary action under the applicable student or employee conduct standard.
Part 4. Confidentiality of reporting.
Subpart A. Confidential reports. Because of laws concerning government data contained in Minnesota
Statues chapter 13, the Minnesota Government Data Practices Act, colleges and universities cannot guarantee confidentiality to those who report incidents of sexual violence except where those reports are privileged communications with licensed health care professionals. Some off-campus reports also may be legally privileged by law, such as reports to clergy, private legal counsel, or health care professionals.
Subpart B. Reports to campus security authorities. Complainants of sexual violence may contact any campus security authority for appropriate assistance or to report incidents. Absolute confidentiality of reports made to campus security authorities cannot be promised. However, campus security authorities shall not disclose personally identifiable information about a complainant of sexual violence without the complainant’s consent except as may be required or permitted by law. There may be instances in which Minnesota State Colleges and Universities determines it needs to act regardless of whether the parties have reached personal resolution or if the complainant requests that no action be taken. In such instances,
Minnesota State Colleges and Universities will investigate and take appropriate action, taking care to protect the identity of the complainant and any other reporter in accordance with this procedure.
Subpart C. Required Reports. Any campus security authority or any college or university employee with supervisory or student-advising responsibility who has been informed of an alleged incident of sexual violence must follow college or university procedures for making a report for the annual crime statistics report. In addition, the campus security authority shall report to other school officials, as

appropriate, such as the campus affirmative action office, the campus office responsible for administering the student conduct code, and/or the designated Title IX compliance coordinator, in order to initiate any applicable investigative or other resolution procedures.
Campus security authorities may be obligated to report to law enforcement the fact that asexual assault has occurred, but the name or other personally identifiable information about the complainant will be provided only with the consent of the complainant, except as may be required or permitted by law.
Part 5. Policy notices.
Subpart A. Distribution of policy to students. Each college or university shall, at a minimum, at the time of registration make available to each student information about its sexual violence policy and procedure, and shall additionally post a copy of its policy and procedure at appropriate locations on campus at all times. A college or university may distribute its policy and procedure by posting on an Internet or Intranet Web site, provided all students are directly notified of how to access the policy by an exact address, and that they may request a paper copy.
Subpart B. Distribution of policy to employees. All colleges, universities and the Office of the
Chancellor shall make available to all employees a copy of its sexual violence policy and procedure.
Distribution may be accomplished by posting on an Internet or Intranet Web site, provided all employees are directly notified of the exact address of the policy and procedure and that they may receive a paper copy upon request.
Subpart C. Required Notice. Each college or university shall have a sexual violence policy, which shall include the notice provisions in this part.
1. Notice of complainant options. Following a report of sexual violence the complainant shall be promptly notified of: a. Where and how to obtain immediate medical assistance; complainants should be informed that timely reporting and a medical examination within 72 hours are critical in preserving evidence of sexual assault and proving a criminal or civil case against a perpetrator. Complainants should be told, however, that they may report incidents of sexual violence at any time. b. Where and how to report incidents of sexual violence to local law enforcement officials, and/or appropriate Minnesota State Colleges and Universities system contacts for employees, students and others. Such contacts should be identified by name, location and phone number for 24-hour availability, as applicable. c. Resources for where and how complainants may obtain on- or off-campus counseling, mental health or other support services.

2. Notice of complainant rights. Complainants shall be notified of the following: a. Their right to file criminal charges with local law enforcement officials in sexual assault cases; b. Rights under the crime victims bill of rights, Minnesota Statutes Sections 611A.01 –
611A.06, including the right to assistance from the Crime Victims Reparations Board and the commissioner of public safety; c. Availability of prompt assistance from campus officials, upon request, in notifying the appropriate campus investigating authorities and law enforcement officials, and, at the direction of law enforcement authorities, assistance in obtaining, securing and maintaining evidence in connection with a sexual violence incident; d. Assistance available from campus authorities in preserving for a sexual violence complainant materials relating to a campus disciplinary proceeding; e. That complaints of incidents of sexual violence made to campus security authorities shall be promptly and appropriately investigated and resolved; f. That, at a sexual assault complainant’s request, the college, university or Office of the
Chancellor may take action to prevent unwanted contact with the alleged assailant, including, but not limited to, transfer of the complainant and/or the respondent to alternative classes, or a work site or to alternative college-owned housing, if such alternatives are available and feasible.
Subpart D. Complaint procedure. Each college and university shall notify students of the process used to investigate and resolve allegations of sexual violence, as provided in part 6, subpart H.
Part 6. Investigation and disciplinary procedures.
Subpart A. Immediate action. A college or university may, at any time during the report/complaint process, reassign or place on administrative leave an employee alleged to have violated this policy, in accordance with the procedures in System Procedure 1B.1.1. Such action must be consistent with the applicable collective bargaining agreement or personnel plan. A college or university may summarily suspend or take other temporary measures against a student alleged to have committed a violation of this policy, in accordance with System Procedure 1B.1.1 or Board Policy 3.6.
Subpart B. General principles. Procedures used in response to a complaint of sexual violence should avoid requiring complainants to follow any plan of action, to prevent the possibility of re-victimization. Mediation or other negotiated dispute resolution processes between the complainant and the respondent concerning allegations of sexual violence shall be used only if both parties voluntarily consent. No party shall be required to participate in mediation. College and university investigation and disciplinary procedures concerning allegations of sexual violence against employees or students shall:

1. Be respectful of the needs and rights of individuals involved;
2. Proceed as promptly as possible;
3. Permit a student complainant and a student respondent to have the same opportunity to have an appropriate support person or advisor present at any interview or hearing, in a manner consistent with the governing procedures and applicable data practices law;
4. Employees shall have the right to representation consistent with the appropriate collective bargaining agreement or personnel plan;
5. Be conducted in accordance with applicable due process standards and privacy laws;
6. Inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
The past sexual history of the complainant and respondent shall be deemed irrelevant except as that history may directly relate to the incident being considered.
A respondent’s use of any drug, including alcohol, judged to be related to an offense may be considered to be an exacerbating rather than mitigating circumstance.
Subpart C. Relationship to parallel proceedings. In general, Minnesota State Colleges and Universities investigation and disciplinary procedures for allegations of sexual violence will proceed independent of any action taken in criminal or civil courts. A college or university need not, and in most cases should not, delay its proceedings while a parallel legal action is on-going. If a college or university is aware of a criminal proceeding involving the alleged incident, they may contact the prosecuting authority to coordinate when feasible. Criminal or civil court proceedings are not a substitute for Minnesota State Colleges and Universities procedures.
Subpart D. False statements prohibited. Minnesota State Colleges and Universities takes allegations of sexual violence very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual violence or during the investigation of such a complaint or report may be subject to discipline or under certain circumstances, legal action. Complaints of conduct that are found not to violate policy are not assumed to be false.
Subpart E. Withdrawn complaint. If a complainant no longer desires to pursue a complaint through the college or university’s proceeding, the college or university reserves the right to investigate and resolve the complaint as it deems appropriate.
Subpart F. Minnesota State Colleges and Universities discretion to pursue certain
allegations. Minnesota State Colleges and Universities reserves discretion whether to pursue alleged violations of policy under appropriate circumstances, including, but not limited to, a determination that an effective investigation is not feasible because of the

passage of time, or because the respondent is no longer a student or employee of the college or university.
Subpart G. Minnesota State Colleges and Universities discretion to deal with policy
violations disclosed in investigation. Minnesota State Colleges and Universities reserves the right to determine whether to pursue violations of policy by students or employees other than the respondent, including a complainant or witness, that come to light during the investigation of an incident of sexual violence. In order to encourage reporting of sexual violence, under appropriate circumstances college or university administrators may choose to deal with violations of Minnesota State Colleges and
Universities policy in a manner other than disciplinary action.
Subpart H. Procedure for employees, students and individuals who are both an employee and student.
1. Employees. If the respondent is an employee, the investigation and disciplinary decision-making shall be conducted pursuant to the procedures outlined in Board
Procedure 1.B.1.1 except that use of the optional “Personal Resolution” described in
Part 3. Subpart B. should not be encouraged in dealing with allegations of sexual violence due to the seriousness of the conduct. Nothing in this procedure is intended to expand, diminish or alter in any manner 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.
2. Students. The college or university may elect to process complaints against students under this procedure using either the investigation and decision-making process of
System Procedure 1B.1.1 or Board Policy 3.6. The college or university shall notify students of the process used as required by Part 5. If a college or university elects to use its procedures under Board Policy 3.6 for incidents of sexual violence, the conduct panel shall make written findings and recommendations, including proposed sanctions, if any, which will be submitted to a decision maker designated by the President. If the decision maker issues an adverse decision against the student, the student may appeal to the president or designee.
3. Individuals who are both an employee and a student. If the respondent is both a student and employee, the investigation shall be conducted by the designated officer, as defined by Board Procedure 1.B.1.1., Part 2, Subpart A. The results of the investigation shall be submitted for review to both the decision maker appointed under Procedure
1.B.1.1 Part 2, Subpart B, concerning the personnel action, and to the President or designee concerning the student action.
Subpart I. Sanctions. Sanctions that may be imposed if a finding is made that sexual

violence has occurred include, but are not limited to, suspension, expulsion of students or termination from employment. The appropriate sanction will be determined on a case-by-case basis taking into account the severity of the conduct, the student’s or employee’s previous disciplinary history, and other factors as appropriate.
Subpart J. Retaliation prohibited. Actions by a student or employee intended as retaliation, reprisal or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.
Part 7. Sexual violence prevention and education.
Subpart A. Campus-wide training. Colleges, universities, and the Office of the
Chancellor must include in their sexual violence policy a description of educational programs that they offer to students and employees to promote the awareness of sexual violence offenses, including sexual violence prevention measures and procedures for responding to incidents. Education shall emphasize the importance of preserving evidence for proof of a criminal offense. Colleges and universities and affiliated student organizations are encouraged to develop educational programs, brochures, posters and other means of information to decrease the incidence of sexual violence and advise individuals of the legal and other options available if they are the complainants of an incident or they learn of such an incident.
Subpart B. Training for individuals charged with decision making authority. Each college, university and the Office of the Chancellor shall provide appropriate training and other resources to individuals charged with decision making responsibilities under applicable procedures in order to facilitate a fair, respectful and confidential procedure on allegations of sexual violence in accordance with this and other applicable policies, procedures and laws.
Part 8. Maintenance of report/complaint procedure documentation. Data that is collected, created, received, maintained or disseminated about incidents of sexual violence will be handled in accordance with the privacy requirements of the Minnesota Statutes chapter 13 (Minnesota Government Data
Practices Act), and other applicable laws.
Information on reports of incidents of sexual violence that are made to Campus Security Authorities shall be documented in accordance with the Jeanne Clery Disclosure of Campus Security and Campus
Crime Statistics Act, codified at 20 United States Code section 1092 (f).
Such information will be used to report campus crime statistics on college and university campuses as required by that Act. During and upon the completion of the complaint process, the complaint file shall be maintained in a secure location. Access to complaint file information shall be in accordance

with the applicable collective bargaining agreement or personnel plan, the Minnesota Government
Data Practices Act, the Family Educational Rights and Privacy Act and other applicable law and policy.
Approval Date: 05/17/04,
Effective Date: 05/17/04,
Date and Subject of Revision:

Board Policies
Part 1. Definitions.
Subpart A. An individual with a disability:
1. Any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities.
2. Any person who has a record of such impairment which means that a person has a history of or has been classified as having a mental or physical impairment that substantially limits one or more major life activities.
3. Any person who is regarded as having such an impairment which means: a) Has a physical or mental impairment that may not substantially limit major life activities but that is treated by others as constituting such a limitation; b) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; c) Has no impairment but is treated by others as having such an impairment.
Subpart B. Personal devices and services: Examples of personal devices and services include wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.
Subpart C. Qualified individual: A person who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for receipt of services or participation in a system office, college, or university program or activity. Essential eligibility requirements include, but are not limited to, academic and technical standards requisite to admission or participation in an education program or activity.
Part 2. General Access Policy. The system office, colleges, and universities will provide access to programs, services and activities to qualified individuals with known disabilities as required by law.
Where an individual asks for an accommodation, the system office, college, or university may require the individual to provide documentation.

Part 3. Availability and Notice. Each college and university shall post notices in an accessible format to the public describing 1) college or university prohibition against discrimination, and 2) college or university contact for requesting reasonable accommodation or information.
Part 4. Reasonable Accommodations to Ensure Access to Programs, Services, and
Activities. The system office, colleges, and universities shall make reasonable accommodations to ensure access to programs, services, and activities as required by law. Access means that a qualified individual with a disability will not be excluded from participation in or be denied the benefits of the services, programs, or activities, nor will the individual be subjected to discrimination. Reasonable accommodations may include modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, provision of auxiliary aids or the provision of equally effective programs, services, or activities. In accordance with the Americans with
Disabilities Act, accommodations will not be provided 1) for personal devices or services even though the individual may be a qualified individual with a disability, or 2) that result in a fundamental alteration in the nature of a service, program, or activity or in undue financial or administrative burdens.
Part 5. Offered and/or Sponsored Services or Activities for Qualified Students with
Disabilities. Colleges and universities have a responsibility to provide access to services and/or activities that are operated or sponsored by the college or university or that receive significant assistance from the college or university. Such access shall be provided in a reasonable manner as required by law. At a minimum, the following must be offered to qualified students with disabilities:
1) support, counseling, and information services that may include support groups, individual counseling, career counseling and assessment, and referral services, 2) academic assistance services that may include assistive devices, early registration services, early syllabus availability, course selection, and program advising, course work assistance, testing assistance, and modification, and tutoring, and 3) coordination services that may include personnel acting on the student's behalf and serving as the primary contact and coordinator for students needing services, assistance in working individually with faculty and administrators, intervention procedures, and grievance procedures.
Part 6. Procedure. In consultation with the system office, each college and university shall establish a procedure for individuals with disabilities to make requests for accommodations to access programs, services, or activities at the college or university, consistent with state and federal laws.
Such procedure for access to programs for individuals with disabilities must, at a minimum, include the following:
1. The system policy statement and system definitions.
2. Assignment and identification of a staff member responsible for administering the delivery of services to individuals with disabilities.
3. Provide a process for appealing a denial of a request for program access.
Date of Implementation: 07/01/95
Date of Adoption: 06/20/95
Date and Subject of Revision:

Normandale Community College
9700 France Avenue South
Normandale, MN 55431
COMPLAINT OF HARASSMENT/DISCRIMINATION
Please Read : Complaints of harassment/discrimination are considered confidential or private data under Minnesota Statute 13.39, Subd.
1 and 2. This information is being collected for the purpose of determining whether illegal harassment or discrimination has occurred.
You are not legally required to provide this information, but without it, we may not be able to determine if harassment or discrimination has occurred. This information may be viewed by the complainant (you), the respondent, the college Affirmation Action Officer/Human
Resources Director, the college's designated harassment/discrimination officers, MnSCU or college administration and others who have a legitimate business reason for review.
COMPLAINANT(You)___________________________Work Area___________________
Job Title____________________Supervisor_______________Work Phone____________
Please "X": Student Faculty Staff Admin. Other
NAME OF RESPONDENT(s) (Person you believe harassed/discriminated against You):
1.____________________________________WorkArea____________________________
JobTitle_______________________Supervisor__________________WorkPhone________
Please "X": Student Faculty Staff Admin. Other
2. ______________________________WorkArea________________________________
Job Title_______________________Supervisor___________Work Phone_______________
Please "X": Student Faculty Staff Admin. Other
BASIS OF COMPLAINT (X all that apply):
Race Color Disability Sexual Orientation Sex Creed Marital Status
Age Religion Status with Regard to Public Assistance
Membership or Activity in a Local Human Rights Commission National Origin
If you have filed this complaint with another agency, please indicate the name of that agency:

_________________________________________________________________
Date most recent harassment/discrimination took place:____________________________
Describe how you believe that you have been harassed or discriminated against (names, dates, places, etc. Attach a separate sheet of paper if needed and attach any relevant documentation to this form.
WITNESSES (persons who can support your complaint):
Name Work/Home Phone Please "X" Student Staff
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Note: Additional witnesses may be listed on a separate sheet attached to this form.
This complaint is being filed on my honest belief that the individual(s) named above have harassed or discriminated against me. The information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief.
Complainant Signature:
_________________________________________________Date____________
Affirmative Action/Intake Officer Signature:
_________________________________________________Date____________

System Procedures
Part 1. Purpose. This procedure sets forth the process to be used for responding to requests for reasonable accommodations in employment based on an applicant’s or employee’s disability. The scope of this procedure is limited to reasonable accommodations, and is not intended to fully describe other provisions of the Americans with Disabilities Act or the Minnesota Human Rights Act.
Part 2. Reasonable Accommodations in Employment. It is the policy of MnSCU to encourage the employment and promotion of any qualified individual including qualified individuals with disabilities. The system office, college or university will not discriminate in providing reasonable accommodations to qualified individuals with a disability in regard to job application procedures, hiring, advancement, discharge, employee compensation, job training or other terms, conditions, and privileges of employment.
Part 3. Definitions. For purposes of this procedure, the following terms have the meaning given them.
Subpart A. Employer: The employer is the system office, college or university.
Subpart B. Essential Functions: Essential functions are the fundamental job duties of the position in question. The term does not include the marginal functions of the position.
1. A job function may be considered essential for any of several reasons, including but not limited to the following: a. The function may be essential because the reason the position exists is to perform that function; b. The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or c. The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.
2. Evidence of whether a particular function is essential includes, but is not limited to a. The employer’s judgment as to which functions are essential; b. Written job descriptions; c. The amount of time spent on the job performing the function; d. The consequences of not requiring the incumbent to perform the function; e. The terms of a collective bargaining agreement; f. The work experience of past incumbents in the job; and/or g. The current work experience of incumbents in similar jobs.
Subpart C. Individual with a Disability: An individual with a disability for the purposes of

determining reasonable accommodations is any applicant, current employee, including student employees, or employees seeking promotion, who has a physical or mental impairment which substantially or materially limits one or more of such individual’s major life activities. Generally, a disabling physical or mental condition which is expected to be temporary and from which the individual is expected to recover is not a disability under this procedure.
Subpart D. Qualified Individual with a Disability: A qualified individual with a disability is an individual with a disability who meets the requisite skill, education, experience and other job related requirements of the job and who, with or without reasonable accommodation, can perform the essential functions of the job.
Subpart E. Reasonable Accommodations: A reasonable accommodation is a modification or adjustment to a job or employment practice or the work environment that enables a qualified individual with a disability to perform the essential functions of the job as identified at the time of the reasonable accommodation request and to access equal employment opportunities. Reasonable accommodations may also include those things which make a facility and its operations readily accessible to and usable by individuals with disabilities. Under the law, the employer has a responsibility to make reasonable accommodations for individuals with a disability only if the disability is known and it is not an undue hardship under Part 6, Subpart C.
Part 4. Identification of Assigned Staff Member. The system office, and each college and university shall assign and identify a staff member responsible for administering requests for reasonable accommodations.
Part 5. Right to Representation. In accordance with applicable collective bargaining agreement language, employees may have the right to request and receive union representation during the reasonable accommodations process.
Part 6. Providing Reasonable Accommodations.
Subpart A. Job Relatedness. Reasonable accommodations will be provided only for job-related needs of individuals with a disability. The primary factor in evaluating an accommodation’s job relatedness is whether the accommodation specifically assists the individual to perform the essential functions of the job as identified at the time of the reasonable accommodation request. If the requested accommodation is primarily for the benefit of the individual with a disability to assist that individual in daily personal activities, the employer is not required to provide the accommodation.
The appropriate reasonable accommodation is best determined through a flexible, interactive process that involves both the employer and the qualified individual with a disability; it may include the appropriate union representative as provided by the applicable collective bargaining agreement.
Subpart B. Essential Functions. The system office, college or university may deny employment or advancement in employment based on the inability of an individual with a disability to perform the essential functions of the job and may decline to make accommodations to the physical or mental needs of an employee or job applicant with a disability if:
1. the accommodation would impose an undue hardship on the system office, college or university as provided under Subpart C.; or

2. the individual with a disability, with or without reasonable accommodations, is not qualified to perform the essential functions of that particular job; or
3. having the individual in the job would create a direct threat because of a significant risk to the health and safety of the individual or others and the risk cannot be eliminated by reasonable accommodation.
Subpart C. Undue Hardship: In determining whether providing a reasonable accommodation would impose an undue hardship on the employer, the factors to be considered include:
1. The nature and net cost of the accommodation needed;
2. The overall financial resources of the employer involved in the provision of the reasonable accommodation, the number of persons employed, and the effect on expenses and resources;
3. The overall financial resources of the employer, the overall size of the business of the employer with respect to the number of its employees, and the number, type and location of its facilities;
4. The type of operation or operations of the employer, including the composition, structure and functions of the workforce, and the geographic separateness and administrative or fiscal relationship of the employer in question to the covered entity; and
5. The impact of the accommodation upon the operation of the employer, including the impact on the ability of other employees to perform their duties and the impact on the employer’s ability to conduct business.
Subpart D. Documentation. Documentation of a disability is required as part of the reasonable accommodation process unless the nature and extent of the disability is already known to the employer, or as a practical matter, the requested accommodation is minimal and the employer makes modifications for its convenience, regardless of whether the employee or applicant meets the requirements for a reasonable accommodation under this procedure.
Subpart E. Choice of Accommodations. The employer is not required to provide the specific accommodation requested by the individual and may choose an effective accommodation which is less expensive or easier to provide. Accommodations provided to the individual are the financial responsibility of the employer.
Subpart F. Request Process. The system office, colleges and universities are responsible for establishing a process for individuals with disabilities to make requests for reasonable accommodations in compliance with the Americans with Disabilities Act or the Minnesota
Human Rights Act. Such process should include the following:
1. MnSCU policy statement and definitions;
2. Assignment and identification of a staff member responsible for administering requests for reasonable accommodations;
3. Provide a process for appealing a reasonable accommodations decision.
Part 7. Application. Nothing in this procedure is intended to expand, diminish or alter the provisions of the Americans with Disabilities Act or the Minnesota Human Rights Act.
Approval Date: 05/24/00,
Effective Date: 05/24/00,
Date and Subject of Revision:

This information will be used by human resource staff or any other person, including the college's legal counsel, who is authorized by NCC to handle medical information for ADA/MHRA purposes and, any information concerning physical or mental condition necessary to determine whether the requestor has a disability as defined by the Americans with Disabilities Act and/or the Minnesota Human Rights Act, and to determine whether any reasonable accommodations can be made. The provision of this information is voluntary, however if you refuse to provide it, we may not be able to provide reasonable accommodations.
Classification & Working Title
(Attach medical statement if requested by employer.)
Which essential function(s) of your job will the requested accommodation allow you to perform?
It is Normandale Community College policy to insure that the selection process is accessible to all candidates. Please contact the Human Resources Office at (952) 487-8269 to obtain materials in an alternative media and/or to request a reasonable accommodation during the selection process.

Normandale Community College
9700 France Avenue South
Bloomington, MN 55431
Our employee named below has requested a reasonable accommodation for medical reasons under the Americans with
Disabilities Act (ADA). In order to determine the employee’s eligibility for the requested accommodation we need specific medical information. A Release of Information is attached. Please do not send copies of medical records. Please respond to the questions based on the knowledge you have at this time. Thank you in advance for your assistance. The information should be returned to: Sharon Harris, Director of Human Resources (952-487-8271), at the above address.
Employee Name Birth Date
1. Does this person currently have a physical or mental impairment ___yes ___no
2. If so, what is the diagnosis?_____________________________________________
3. Does this impairment substantially limit one or more major life activities? (major live activities are those that an average person can perform with little or no difficulty, such as walking, talking, hearing, seeing, thinking, concentrating, working with others, etc.)
_____Yes _____No If “Yes” , please explain below:
3. Describe the nature, severity and anticipated duration of the impairment.
Temporary (please explain)
Temporary but will take longer than normal to heal (explain)
Anticipated healing period
Temporary with residual effects (explain)
Permanent

Chronic (explain)
4. If your response to questions 1 and 2 is that the employee has an impairment that substantially limits one or more major life functions, please list what medications and/or other corrective measures are currently prescribed to control or eliminate the individual’s symptoms and/or limitations. Also, please describe how the impairment is mitigated and include information about side effects the individual experiences because of using the medications and/or corrective measures.
5. Please list any specific functional limitations resulting from the impairment.
6. The essential functions of this individual’s current job include:
7. How do the functional limitations listed impact this person’s ability to perform the essential functions identified?
8. Please provide any other information you believe would be helpful in determining this person’s need for an accommodation.
Physician’s Name (please print)
Physician’s signature
Clinic Phone #
Date

Board Policies
Part 1. Cancellation of Classes due to Weather or Other Emergencies. The authority to cancel classes due to weather conditions or other emergencies resides with the college or university president or the president’s designee. Cancellation of classes does not excuse any employee from work. Employees of the college, including faculty, may take personal leave, vacation leave or use earned compensatory time when classes are canceled and they choose to be absent from work.
Part 2. Campus Closing due to Weather or other Emergency. The authority to close college or university campuses when a weather or other emergency exists resides with the president or the president’s designee. The closure of state agencies by the Commissioner of the Department of
Employee Relations does not apply to MnSCU institutions. The Governor of Minnesota has emergency powers to issue an executive order to change the work schedule of executive branch employees in cases of natural disaster or other emergencies [M.S. Section 12.21]. This does apply to
MnSCU employees.
Subpart A. The college or university president shall develop written procedures which will be used to determine when weather conditions constitute a threat to the health and safety of college or university employees and students. The written procedures shall identify the following:
1. Processes for assessment of weather and travel conditions (temperature, wind, precipitation, condition of roads). At a minimum, one state and one local authority should be contacted as part of an assessment of weather and travel conditions. The following offices are suggested as authorities to contact:
State Highway Patrol District Office
Minnesota Department of Transportation - district offices
County and city law enforcement offices
County and city highway maintenance offices
2. Positions and employees of the college or university who provide services that are essential to protect life and property during campus closings due to weather conditions. These
“weather essential” employees will not be excused from work duty during campus closings.
3. Methods of notification of campus closings appropriate to employees, students and the public.
Subpart B. A copy of the written procedures shall be filed with the Chancellor.
Subpart C. The college or university president shall maintain a list of emergency situations other than those which are due to weather conditions for which campus closure would be an appropriate action. A list of essential employees that would not be excused from work duty

during campus closings due to identified emergency conditions shall be maintained by the president.
Subpart D. When a campus closing is declared, college or university employees are excused from work with pay. A campus closure applies to all employees without regard to labor contract. Weather or other emergency essential employees who are not excused from work will be paid at their regular rate of pay.
Subpart E. The declaration of a campus closure shall, whenever possible, clearly identify the timeframe when employees are excused from work.
Subpart F. Each college or university shall notify the Chancellor or designee after the decision is made to close a campus due to weather conditions or other emergency conditions. This notice will be used by the Office of the Chancellor to respond to inquiries regarding campus closures.
Statutory Authority: 1994 Minnesota Statutes, section 43A.05, subdivision 4.
Date of Implementation: 10/16/96
Date of Adoption: 10/16/96
Date and Subject of Revision:
12/18/02 – Part 2, Subpart F, Amended from System Office to Office of the Chancellor
02/17/99 - part 2, states Governor’s power to change work schedule in case of natural disaster, subp. B, deletes date by which written procedures must be filed.

A
EEO JOB GROUP
Officials and
Administrators
Professionals
Technicians
Protective Services: sworn
Protective Services: nonsworn
Paraprofessionals
(included in Office/Clerical and/or Technicians group)
Office/Clerical
Skilled Craft
Service Maintenance
B
Total
Number in Group
PROTECTED GROUP: MINORITIES
C
Total
D
%
E
Availability
Number of
MINORITIES in the in Group
MINORITIES
Group
% (Census
Table) MN
Statewide
F G
Availability 2012 Number
Number
AAP 2010-
Underutilized
H
AAP 2008-
2010 Number
Underutilized
18
389
3
0
0
126
7
32
1
52
0
0
0
12
2
16
5.6%
13.4%
0.0%
0.0%
0.0%
9.5%
28.6%
50.0%
5.1%
8.0%
6.8%
11.9%
6.3%
8.2%
7.1%
14.3%
0
0
10
0
5
1
31
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
I
Improved,
J
Not
Improved, Numerical
Same Difference
Same
Same
Same
Same
Same
Same
Same
Same
0
0
0
0
0
0
0
0

A
EEO JOB GROUP
Officials and
Administrators
Professionals
Technicians
Protective Services: sworn
Protective Services: nonsworn
Paraprofessionals
(included in Office/Clerical and/or Technicians group)
Office/Clerical
Skilled Craft
Service Maintenance
B C
Total
Number
Total
Number in WOMEN
Group of in Group
18
389
3
0
0
126
7
32
10
221
3
0
0
98
0
7
D
PROTECTED GROUP: WOMEN
E F G H
%
WOMEN in the
Group
Availability
% (Census
Table) MN
Statewide
Availability 2012 Number
Number
AAP 2010-
Underutilized
AAP 2008-
2010 Number
Underutilized
Improved,
Not
Improved,
Same
55.6%
56.8%
100.0%
0.0%
0.0%
77.8%
0.0%
21.9%
37.8%
53.8%
63.1%
21.3%
64.4%
67.7%
7.8%
43.6%
7
209
2
0
0
0
85
1
14
0
0
0
0
0
0
0
1
7
0
0
0
0
0
0
0
0
I
Same
Same
Same
Same
Same
Same
Not Improved
Not Improved
J
Numerical
Difference
0
0
0
0
0
0
1
1

A
EEO JOB GROUP
Officials and
Administrators
Professionals
Technicians
Protective Services
Paraprofessionals
Office/Clerical
Skilled Craft
Service Maintenance
B C
PROTECTED GROUP: PERSONS with a DISABILITY
D E F G H
Total % Availability
Total
Number in DISABILITY
Group
Number of in Group
DISABILITY in the
Group
% (Census
Table) MN
Statewide
Availability
Number
I
Improved,
J
AAP 2010-
2012 Number
AAP 2008-
2010 Number
Not
Improved,
Underutilized Underutilized Same
Numerical
Difference
32
94
7
32
18
389
3
0
1
3
0
0
0
17
0
0
0.0%
4.4%
0.0%
0.0%
3.2%
0.0%
0.0%
11.31%
10.88%
11.52%
11.60%
10.86%
11.56%
11.55%
11.37%
2
42
0
0
11
1
4
2
25
0
0
8
1
4
0
0
0
0
0
0
0
Not Improved
Not Improved
Same
Same
Not Improved
Not Improved
Not Improved
2
25
0
0
8
1
4