Complaint & Grievance Procedures

INTRODUCTION

As an institution of education, Mid Michigan College (Mid) has a responsibility to provide a working and learning environment that consistently nurtures safe and healthy surroundings. Through the College’s core values of integrity, learning, people, community and excellence, Mid commits itself to maintaining an environment that is accepting, equitable, secure, and respective of all members.

In any healthy environment, it is unavoidable that from time to time, complaints, disputes or concerns may arise between individuals or the College itself. These are due to misunderstandings, missed communication, unanswered questions, or perceived injustices. Communication should always be the first recourse. Exchanging information in a respectful and effectual manner is the foundation on which good human relations are built and it helps the College function as a cohesive community to meet objectives.

However, while there are times when effective communication has brought forth concerns that need to be addressed, there are times when constructive communication is not possible or fails in its attempt. For this reason, the College has developed policies and procedures which outline community expectations and provide redress when expectations are not met.

The College has developed a robust reporting structure that allows reparation to individuals through means of various channels, depending on the nature of the report and the governing policy. Policies and procedures have been individually designed to address various kinds of complaints and/or violations and because of that, individuals should consult the entire policy corresponding to the complaint/grievance processes.

FILING A COMPLAINT OR GRIEVANCE

Prior to reporting a concern, complaint, or grievance, the College encourages communication between the parties, when feasible. Certainly, the College understands that in some instances, communication may be uncomfortable or inappropriate (examples such as bullying, acts of sexual misconduct, harassment, etc.) or could fail altogether and require intervention.

As a general rule, dispute resolutions will be available in two formats: the informal/mediation resolution and the formal/administrative investigation. Please note that the Colleges Title IX Sexual Harassment formal adjudication process has a live hearing component. The preponderance of the evidence standard is used for determination in resolving grievances. The brief description below is only intended to provide an overview. For a full description and understanding of the process, individuals should refer to whichever Policy is being referenced due to minor variations.

Informal/Mediation Resolution

An informal/mediation resolution is available under most circumstances, except for allegations of sexual violence. An informal process is available when it is suggested by the individual/investigator and the involved parties agree. The individual/investigator assigned to the Case will work with the parties to reach a resolution that will end the misconduct, prevent reoccurrence, and remedy its effects for the victim and/or the College. Minor sanctions may be imposed.

Formal/Administrative Resolution

A formal/administration resolution encompasses opening an investigation where the parties involved are interviewed and afforded the opportunity to share their account of the events. They are asked to provide any supporting documentation and suggest any witnesses that should be interviewed. All exculpatory (evidence that tends to justify or show a person’s lack of involvement in an act) and inculpatory (evidence that tends to show a person’s involvement in an act) evidence will be considered and using the preponderance of the evidence standard (more likely than not), a determination and finding will be rendered. This Determination will endeavor to end the misconduct, prevent reoccurrence, and remedy its effects for the victim and/or the College. Sanctions may be imposed. For matters adjudicated under the College’s Title IX Sexual Harassment Policy, where a formal complaint is filed and an investigation has been opened a live hearing will be conducted to determine responsibility.

APPEALS

If an individual is dissatisfied with the determination or finding, they may hold the right to an Appeal and should refer to the policy under which the action was submitted.

CONFIDENTIALITY

To the extent possible, the College will make reasonable and appropriate efforts to ensure the privacy of individuals who submit a report, complaint or grievance. The College will endeavor to protect confidentiality when conducting an informal or formal investigation and resolving the matter except as otherwise required by law. In matters where there is a Complainant and Respondent, the Complainant’s name will be disclosed to the Respondent. If a Complainant insists that their name not be disclosed to the Respondent, the College’s ability to respond to the matter may be limited.

RETALIATION

All members of the College community have the right to file a good faith complaint or grievance and participate in an informal or formal procedure without the fear of retaliation. Retaliation includes, but is not limited to: intimidation, threats, harassment, or any other adverse action that is threatened or taken against the person that participates in a dispute resolution under this or any other policy. Any person found to have retaliated against another for participating in a dispute resolution will be in violation of College Policy and subject to disciplinary actions, up to and including, dismissal/termination.

(updated AUGUST 2021)