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Investigation.
Complaints shall be thoroughly and impartially investigated. The
investigation shall include, but is not limited to, interviewing the complainant and the
respondent, relevant witnesses, and reviewing relevant documents. The investigation shall
be concluded within a reasonable time, normally sixty calendar days barring exigent
circumstances. At the conclusion of the investigation the investigator shall set forth his or
her findings and recommendations in writing. If the investigator is a designee, the
investigator shall send a copy of the findings and recommendations to the Title IX
administrator or EEO coordinator. The Title IX administrator or EEO coordinator shall
consider the findings and recommendations and determine, based on a preponderance of
the evidence, whether a violation of the discrimination and harassment policy occurred,
and if so, what steps will be taken to resolve the complaint, remedy the effects on any
victim(s), and prevent its recurrence. Possible remedial steps may include, but are not
limited to, referral for voluntary training/counseling, development of a remediation plan,
limited contact orders, and referral and recommendation for formal disciplinary action.
Referrals for disciplinary action will be consistent with the student conduct code or college
employment policies and collective bargaining agreements.
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Written notice of decision.
The Title IX administrator or EEO coordinator will provide
each party and the appropriate student services administrator or appointing authority with
written notice of the investigative findings and of actions taken, or recommended to
resolve the complaint, subject to the following limitations. The complainant shall be
informed in writing of the findings and of actions taken or recommended to resolve the
complaint, if any, only to the extent that such findings, actions or recommendations
directly relate to the complainant, such as a finding that the complaint is or is not
meritorious or a recommendation that the accused not contact the complainant. The
complainant may be notified generally that the matter has been referred for disciplinary
action. The respondent shall be informed in writing of the findings and of actions taken or
recommended to resolve the complaint and shall be notified of referrals for disciplinary
action. Both the complainant and the respondent are entitled to review any final findings,
conclusions, and recommendations, subject to any FERPA confidentiality requirements.
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Informal dispute resolution.
Informal dispute resolution processes, like mediation, may
be used to resolve complaints, when appropriate. Informal dispute resolution shall not be
used to resolve sexual discrimination complaints without written permission from both the
complainant and the respondent. If the parties elect to mediate a dispute, either party shall
be free to discontinue mediation at any time. In no event shall mediation be used to resolve
complaints involving allegations of sexual violence.
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Final decision/reconsideration.
Either the complainant or the respondent may seek
reconsideration of the decision by the Title IX administrator or EEO coordinator. Requests
for reconsideration shall be submitted in writing to the Title IX administrator or EEO
coordinator within seven business days of receiving the decision. Requests must specify
which portion of the decision should be reconsidered and the basis for reconsideration. If
no request for reconsideration is received within seven business days, the decision
becomes final. If a request for reconsideration is received, the Title IX administrator or
EEO coordinator shall respond within fifteen business days. The Title IX administrator or
EEO coordinator shall either deny the request or, if the Title IX administrator or EEO
coordinator determines that the request for reconsideration has merit, issue an amended
decision. Any amended decision is final and no further reconsideration is available.
Retaliation by, for or against any participant (including complainant, respondent, witness,
Title IX administrator or EEO coordinator, or investigator) in a complaint, investigation, or
resulting disciplinary proceedings is prohibited and subject to discipline. Any person who
