Page 96 - Southwestern Community College Handbook 2019-2020

REGULATIONS
B. During the investigation, the Coordinator shall meet with the Complainant and the alleged Perpetrator and give each party an equal opportunity to provide evidence, including informing the Coordinator of any potential witnesses. Both parties will be provided access to any information provided by the other in accordance with any federal or state confiden tiality laws.
C. During the investigation process, the Coordinator may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The temporary actions include, but are not limited to: reas signment of class schedules; temporary suspension form campus (but be allowed to com plete coursework); for employee situations, temporary administrative leave with pay; or the directives that include no contact between the involved parties.
D. A confidential file regarding the complaint shall be maintained by the Coordinator. To the extent possible, the College will keep all information relating to the complaint and investi gations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceeding alleging sexual harassment or sexual-based violence.
E. The Coordinator shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If nature of the investigation requires additional time, the Coordinator may have an additional ten (10) calendar days to complete the investigation. The Coordinator shall notify the parties of this extension.
F. Upon making the complaint, Complainants alleging sexual harassment and sexual-based violence will be immediately notified that they have to right to seek additional assistance from law enforcement and have the right to seek, among other things, judicial no-contact, restraining and protective orders. Complainants will also be notified of available counseling services and their options of changing academic situations.
IV. DETERMINATION AND APPEAL
A. Coordinator’s Report- The Coordinator shall prepare a report of his/her investigation and
review the report with both the Complainant and the alleged Perpetrator and, if appropri ate, implement any corrective and/or disciplinary action based on the preponderance of the evidence. Appropriate disciplinary action shall depend upon the seriousness of the misconduct and may include: a warning, written reprimand, suspension, expulsion from College property, termination and/or denial of access to College services or programs. Any disciplinary action will be implemented immediately and shall not be tolled pending an appeal.
B. Appeal to the President1- If the Complainant or alleged Perpetrator is dissatisfied with the Coordinator’s determination, s/he may appeal to the President within ten (10) calendar days upon receipt of the Coordinator’s report. Upon receipt of the appeal, the President shall convene a Review Committee (“Committee”) to hear the matter and provide a non- binding recommendation.
1. Committee Membership- The Committee shall be composed of the following members: i) one faculty and one staff member; and ii) and one senior administrator who will serve as the Chair. All Committee members shall be appointed by the President and shall receive training on conducting hearings for this process.
2. Hearing Procedures
a. The Committee must meet within ten business days of receipt of the appeal.
At least five business day prior to the date set for the hearing, the Chair shall send notification to the Complainant and alleged Perpetrator the time and place of the hearing and the members of the Committee. At least two days prior to the hearing, the parties will notify the Chair whether or not they will be represented by legal counsel. Failure to notify the Chair regarding legal counsel could result in the hearing being continued until such time that the College can have its legal counsel present. Should the College’s legal counsel attend, he/she shall serve as the procedural officer for the hearing. Also, at least two days prior
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