San Juan College does not discriminate on the basis of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, genetic, veteran’s status, or on the basis of any other category protected under federal, state and local laws, in regard to admissions, employment, programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policy of San Juan College:
Assistant Director of Human Resources and Title IX Coordinator
Education Services Center, Second Floor, Room 4236
San Juan College
4601 College Boulevard
Farmington, New Mexico 87402
Office: (505) 566-3515
Fax: (505) 566-3521
1. San Juan College is in agreement with and dedicated to providing a place of work and learning that is free from discrimination and harassment on the basis of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, genetic, veteran’s status, or on the basis of any other category protected under federal, state and local laws. Where a violation of policy is found to have occurred, San Juan College will act to stop the conduct, to prevent its recurrence, to remedy its effects, and to discipline those responsible in accordance with the San Juan College Employee Handbook and/or San Juan College Student Code of Conduct.
2. No employee or student at San Juan College, either in the workplace or in the academic setting, should be subjected to discrimination which include inappropriate conduct. Even one incident may constitute a violation of policy and can be the basis for asserting a complaint. It is expected that students, faculty and staff will treat one another and campus visitors with respect.
3. It is against San Juan College policy to discriminate in any aspect of employment or education, which includes, but is not limited to the following:
- Recruitment for employment at San Juan College;
- Employment and accommodation in the workplace;
- Benefits and retirement benefits;
- Layoffs and returns to work;
- Institutionally sponsored education and training;
- Tuition assistance;
- Social and recreational programs;
- Staff development and career advancement;
- Admission and class registration;
- Facility and equipment use;
- Academic accommodations;
- Financial aid/scholarships;
- Any other terms and conditions of employment;
- Any other academic programs, terms and conditions.
4. The determination of what constitutes discrimination under this policy will be done on a case-by-case basis and depending upon the specific facts and the context in which the conduct occurs. Some conduct may be offensive, inappropriate, unprofessional, and/or subject to disciplinary action, but would not constitute discrimination under the law. The specific action taken, if any, relating to a particular instance depends on the nature and the seriousness of the conduct that is reported.
5. Discriminatory practices include, but are not limited to:
- Discrimination or harassment on the basis of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, genetic, veteran’s status or on the basis of any other category protected under federal, state or local laws.
- Retaliation against an individual for engaging in a protected activity such as filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
- Use of electronic mail or computer dissemination of offensive material relating to protected categories;
- Denying or interfering with an employee’s or student’s authorized reasonable accommodation based on disability or religion;
- Employment or education decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals based on a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, genetic, veteran’s status or on the basis of any other category protected under federal, state or local laws; and
- Conduct that has the purpose or effect of substantially interfering with an individual’s academic or work performance, or of creating an intimidating, hostile or offensive environment in which to work or learn.
Appeal Process for Students:
1. Any party who is dissatisfied with the determination has the right to file an appeal within fifteen (15) working days of notification of the decision. A written notice of Policy on Discrimination, Harassment and Sexual Misconduct on Campus Page 17 of 30 appeal must be filed by the aggrieved party with the Office of the Vice President of Student Services.
2. The Vice President of Student Services has ten (10) working days from receipt of the signed notice of appeal to schedule in a timely manner an appeals panel to hear the matter. The appeal will be considered do novo by the appeal panel, which shall not be bound by the determination made by the EEO/Title IX Coordinator.
3. Upon receipt of the written notice of appeal, the Vice President for Student Services for his/her designee will appoint an appeal panel composed of six (6) persons and a chairperson. The membership of the Committee will include: a. Two (2) faculty members (outside the department of the alleged discrimination occurrence); b. Two (2) professional staff members (outside the department of the alleged discrimination occurrence); c. Two (2) students; and d. Representative staff member from Human Resource Office other than the EEO/Title IX Coordinator of their designee.
4. The Vice President will mail a notification of the formal appeal hearing to all individuals involved, within ten (10) working days after the receipt of the written notice of appeal.
5. The appeal panel will provide all involved individuals an opportunity to present relevant evidence and witnesses and present arguments and the hearing will comply with due process requirements. Cross examination of the complainant or responding party will be done by written questions submitted to the Vice President for Student Services after a short break in the hearing to minimize the potential for a hostile environment. The appellant at the appeal hearing may have an advisor to consult and support them. Advisors may not speak at the hearing, may not address the panel, or question witnesses. Advisors who are disruptive or fail to follow these rules will be removed. Specific guidelines for the appeal hearing are located in the Student Handbook..
6. The appeal panel will determine the outcome of the appeal based on all information presented at the appeal hearing and will use the preponderance of evidence standard. The outcome of the appeal will be determined by majority vote of the participating appeal panel participants. Policy on Discrimination, Harassment and Sexual Misconduct on Campus Page 18 of 30
7. The written decision of the appeal panel will be given to the individuals involved, the Title IX Coordinator, the Vice President for Student Services, and the five (5) working days following the completion of the appeal hearing. The complainant will only be notified of any sanctions imposed on the respondent if the sanction directly relates to the complaining student.
8. Any decision of the appeal panel may be appealed to the President within ten (10) working days following the hearing by delivering a written notice of appeal to the Office of the President. Upon receipt of the written notice for appeal, the President will review the decision based on the record presented within thirty (30) working days. There will be no appearance or oral argument presented to the President. The decision of the President is final and non-appealable.
9. Records of the appeal panel decision will be kept in the Office of the Vice President for Student Services and the EEO/Title IX Coordinator.
10. All students are notified that they also have a right to file complaints with the appropriate state, federal, regional or national agency, if they choose, including filing complaint with local law enforcement for sexual violence complaints.
11. Penalties: Cases for students who are found to have violated the San Juan College Student Code of Conduct will be referred to the Vice President of Student Services. Sanctions for students may include any of the actions listed in Section I above.