Non Discrimination Policy

Kapi‘olani Community College does not discriminate on the basis of age, race, sex, color, national origin, or disability in its programs and activities. For more information or inquiries regarding these policies, please contact

Discrimination Complaint Procedures for Students, Employees, and Applicants for Admission or Employment

Any student, employee, or applicant for admission or employment who believes they have been discriminated against is encouraged to contact the campus Complaint Officer for information on their civil rights. The Complaint Officer will explain the avenues of recourse that are available.

Complaint Officer: Brenda Ivelisse, Vice Chancellor for Student Affairs

Confidentiality/Disclosure

Because of the private nature of most discrimination incidents and the emotional and moral complexities surrounding such matters, every effort will be made to resolve complaints as confidentially and expeditiously as possible.

To safeguard individual privacy, dissemination of information relating to complaints of discrimination should be limited to those individuals actually involved in the informal or formal proceedings. However, complete confidentiality cannot be maintained in the process of handling informal and formal complaints. Certain information may be disclosed to appropriate administrators, the Respondent, and witnesses, among others, in order to conduct fact finding, institute remedial action, or informally resolve a complaint. Also, certain information may be disclosed if required by law, rule, regulation, or order of a court of competent jurisdiction.

Anonymous Complaints

While an anonymous complaint may not trigger an investigation, a pattern of anonymous complaints against an individual or unit may indicate a potential problem, and the University may take remedial action such as training, if appropriate. When a party is unwilling to be identified as a Complainant, counseling and education are available options. The Complaint Officer or designee should provide information, discussion, resources, and/or workshops for members of the university community who may be affected by the situation. Every effort will be made to ensure confidentiality and anonymity when members of the university community use counseling and educational services. However, absolute confidentiality and anonymity cannot be guaranteed.

Resolution Options

    1. Informal Complaints
      1. Complainants are encouraged, but not required, to seek a resolution by discussing their concerns with the other party involved. Alternatively, Complainants may discuss their concerns with their advisor, supervisor, dean, department head, or other appropriate campus officer, in order to seek a resolution.
      2. If the circumstances of the complaint prevent the student or employee from discussing the matter with the other party or at the department level, the Complainant may contact the Complaint Officer for assistance. The Complaint Officer will attempt to resolve the matter informally.
      3. Alternative Dispute Resolution (ADR) is an avenue for resolution of informal complaints. If appropriate, ADR may be suggested as an option for resolution. ADR is a choice that can only proceed if both the Complainant and Respondent agree to it.
    2. Formal Complaints
      1. Formal complaints must be in writing and should contain the Respondent’s name, a clear and concise statement of allegations, and the alleged basis of discrimination (i.e. race, age, sex, etc.). Enough detail, such as dates, locations, names of witnesses and any relevant documentation, should be provided to enable the Investigating Officer to conduct an investigation. If the complaint needs clarification, it may be returned to the Complainant for additional information.
      2. Formal complaints are to be filed with the Complaint Officer within 180 calendar days of the most recent incident of alleged discrimination, unless the Complainant can show good cause for a later filing.
      3. The Complaint Officer will advise the Complainant of informal options for resolving complaints and other avenues of recourse with state and federal enforcement agencies. Complainants are advised to seek information as soon as possible to meet filing deadlines of external agencies.
      4. An Investigating Officer will be assigned to conduct fact finding. S/he will notify the Respondent in writing and provide a summary or statement of the allegations within ten (10) working days of receiving a complete complaint. The notice to the Respondent should include a copy of the complaint, a copy of the complaint procedure, confidentiality statement, non-retaliation policy, and response deadline. If the Respondent is an employee in a collective bargaining unit, the Respondent will be notified of union representation rights. The Respondent shall have ten (10) working days from receipt of the notification to respond to the complaint. The Respondent may make a written request to the Investigating Officer for an extension of not more than twenty (20) working days for extenuating circumstances.
      5. The Investigating Officer may determine, either before or after an investigation, that the allegations raised in the complaint do not support a claim of discrimination. In such cases, the Investigating Officer shall close the case by informing all relevant parties of this decision in writing. Either party may appeal the “case closed” decision by writing to the Decision Maker within ten (10) working days of receiving the notice. The Decision Maker shall issue a written decision on this issue, which shall be final, within ten (10) working days.
      6. The Investigating Officer will interview the parties, review any documentary evidence, and interview witnesses deemed by the Investigating Officer to have relevant and material information pertaining to the complaint.
      7. The formal investigation will be completed by the Investigating Officer within sixty (60) working days of the date that the complaint was filed and deemed to be complete. Should an extension of time be required for any reason, the Complainant shall be notified in writing. The extension shall not exceed twenty (20) working days. Any additional extensions must be approved by the Decision Maker. The Complainant will be informed of any extraordinary extensions.
      8. Upon completion of the investigation, the Investigating Officer will submit his/her findings to the campus Decision Maker or designee who has authority over the issue. The Decision Maker shall render a decision within twenty (20) working days and notify the Complainant and the Respondent of the decision via certified mail.
      9. If a “cause finding” is issued, the Decision Maker shall determine the appropriate remedies and/or corrective actions to be taken. Remedies will be reasonably devised to correct the harmful effects caused by the discrimination. Corrective actions will be undertaken to both stop the discrimination and prevent its recurrence and shall be imposed to ensure a workplace and educational environment free from discrimination. For students and excluded employees who have violated E1.202, the University will impose disciplinary actions that are reasonably calculated to:
        1. be commensurate with the seriousness of the offense;
        2. stop the discrimination; and
        3. ensure the discrimination will not recur. For included employees, the responsible administrator will follow the collective bargaining agreement provisions related to disciplinary actions.To maintain consistency, Chancellors and Vice Presidents will consult with the systemwide Office of Human Resources prior to imposing employee disciplinary actions. Disciplinary actions against students should be consistent with each institution’s student conduct code.Disclosure of disciplinary actions is subject to Chapter 92F HRS, as amended, and the Family Educational Rights and Privacy Act (FERPA).

Appeal

  1. The Complainant or Respondent may appeal the decision to the Chancellor or designee within twenty (20) working days of receipt of the decision. The appeal must be in writing and must specify why the decision is unsatisfactory.
  2. The Chancellor or designee will review the case and render a final decision in writing and sent via certified mail within twenty (20) working days after receipt of the appeal. Should an extension of time be required for any reason, the Complainant shall be notified in writing, and a decision shall be made within fifteen (15) working days of the extension.
  3. The standard of review for an appeal of a cause or no cause finding is whether the finding is against the clear weight of the evidence in the record of the case.

Non-retaliation

Retaliation against any person using this complaint procedure or any witness involved in the investigation is strictly prohibited. Absolutely no undue influence, coercion, manipulation, harassment, or intimidation shall be tolerated at any time. Complaints of retaliation constitute separate charges and will be handled in the same manner as discrimination complaints.

External agency

Nothing in these procedures shall affect the right of the Complainant to pursue the matter with an appropriate law enforcement agency. Discrimination complaints may be filed concurrently with an external agency to meet state and federal agency deadlines without jeopardizing an individual’s right to a university investigation.

Annual Notice of Non-Discrimination

Kapi‘olani Community College does not discriminate on the basis of age, race, sex, color, national origin, or disability in its programs and activities. Career and Technical Education Programs of Study are offered in the areas of health sciences, emergency medical services, nursing, hospitality and tourism, culinary, business, information technology and legal education. There are admission criteria for most of the health science programs and nursing, which use a “best qualified, first accepted” rating system and may include submission of

  1. Grades of completed prerequisites,
  2. Essay,
  3. Letters of reference, and
  4. Proof of previous college degree (if any)

Admission criteria for the New Media Arts program include

  1. Grades for prerequisite courses.
  2. Visual Art Portfolio.
  3. Essay.

The lack of English proficiency will not be a barrier to admission or participation in CTE programs. For more information or inquiries regarding these policies, please contact:

Title IX Coordinator: Devon Peterson J.D.

Section 504 Coordinator: Deneen Kawamoto
Email: deneenk@hawaii.edu
Phone: (808) 734-9552

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