I. Purpose. The purpose of this Advisors for Resolving Discrimination and Retaliation Allegations Procedure (“Advisor Procedure”) is to describe the role and responsibilities of Advisors in the College’s Resolving Discrimination and Retaliation Allegations Procedure.
II. Scope and Applicability. This Procedure applies to all Employees, Students, and other individuals participating in or attempting to participate in the College’s program or activities, including education and employment, who are participating in the Resolving Discrimination and Retaliation Allegations Procedure.
III. Definitions. All capitalized terms in these Procedures have the meanings provided in the Policy and the Resolving Discrimination and Retaliation Allegations Procedure.
IV. Procedure Provisions
A. Advisors in the Resolution Process
1. The Parties may each have an Advisor, internal or external to the College community (e.g., friend, mentor, family member, attorney, or any other individual a party chooses), to accompany them for all meetings, interviews, and hearings within the Resolution Process, including intake.
2. Subject to the exceptions noted below, the Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.
3. Available means the party cannot insist on an Advisor who does not have inclination, time, or availability to serve as an advisor. Also, the Advisor cannot have institutionally conflicting roles, such as being the CCFPO who has an active role in the matter, an Investigator or Decision-Maker, an employee in the Human Resources or General Counsel’s Office, the CDEIO, or a supervisor who must monitor and implement sanctions. Witnesses participating in the Resolution Process may not serve as advisors.
4. The CCFPO may assign a trained Advisor to any party participating in the procedure to resolve allegations under the Policy. If the Parties choose an Advisor from the pool available from the College, the College will have trained the Advisor and familiarized them with the College’s Resolution Process.
5. The College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to advise that party.
6. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the CCFPO with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.
7. The College fully respects and accords the Weingarten rights of employees, meaning that for Parties who are entitled to union representation, the College will allow the unionized employee to have their union representative (if requested by the party) as well as an Advisor of their choice present for all resolution-related meetings and interviews.
8. To uphold the principles of equity, the other party (regardless of union membership) will also be permitted to have two Advisors. Witnesses are not permitted to have union representation or Advisors in Resolution Process interviews or meetings.
B. Advisor’s Role in the Resolution Process
1. Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.
2. The Parties are expected to ask and respond to questions on their own behalf throughout the Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.
C. Records Shared with Advisors
1. Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence.
2. Advisors are expected to maintain the confidentiality of the records the College shares with them. Advisors may not disclose any College work product or evidence the College obtained solely through the Resolution Process for any purpose not explicitly authorized by the College.
3. Accordingly, Advisors will be asked to sign Non-Disclosure Agreements (NDAs). The College may decline to share materials with any Advisor who has not executed the NDA. The College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s confidentiality expectations.
D. Advisor Expectations
1. The College generally expects an Advisor to adjust their schedule to allow them to attend College meetings/interviews/hearings when planned, but the College may change scheduled meetings/ interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.
2. The College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies.
3. All Advisors are subject to the same College policies and procedures, whether they are attorneys or not, and whether they are selected by a Party or appointed by the College. Advisors are expected to advise their advisees without disrupting proceedings.
E. Advisor Policy Violations
1. Any Advisor who oversteps their role as defined by this Procedure, who shares information or evidence in a manner inconsistent with the Procedure, or who refuses to comply with the College’s established rules of decorum, will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/ interview/hearing may be ended, or other appropriate measures implemented, including the College requiring the Party to use a different Advisor or providing a different College-appointed Advisor. Subsequently, the CCFPO will determine how to address the Advisor’s non-compliance and future role.
Procedure Title: Interim Advisors for Resolving Discrimination and Retaliation Allegations Procedure
Policy Category: General
Policy Owner: President
Policy Administrator: Chief Compliance and Fair Practices Officer
Contact Information: complianceofficer@aacc.edu 410-777-1239
Approval Date: October 21, 2024
Effective Date: November 19, 2024
History: N/A
Applies to: Employees and Students of the College
Related Policies: Interim Nondiscrimination Policy
Related Procedures: Interim Resolving Discrimination and Retaliation Allegations Procedure
Forms/Guidelines: Non-Disclosure Agreement for Advisors
Relevant Laws: See Interim Nondiscrimination Policy