Page 97 - Southwestern Community College Handbook 2019-2020

REGULATIONS
to the hearing, the Complainant and alleged Perpetrator have the right to request, in writing, that the President disqualify any member of the Committee for prejudice or bias. The request must contain specific reasons. The President shall consider the matter and if such disqualification occurs, the President shall replace the disqualified member with an individual from the same employment category.
b. The following due process rights shall apply to the hearing:
i. Each party has a right to have legal counsel and/or an advocate present. The
role of the legal counsel or advocate is solely to advise the individual. Except for a closing argument, the legal counsel or advocate shall not have the right to address the Committee.
ii. Each party has the right to produce witnesses on their behalf.
iv. Each party has the right to present testimonial and documentary evidence.
vi. Each party has the right to be present and hear the witnesses presented for
both sides.
vii. Each party has the right to testify or to refuse to testify without such refusal
being detrimental.
c. The following hearing procedures shall apply:
i. Hearings before the Committee shall be confidential and shall be closed to all persons except the parties; legal counsel and/or advocate; and Committee members and the College attorney. Witnesses shall only be present in the hearing room when giving their testimony.
ii. The Complainant shall have an opportunity to make an opening statement and present evidence and witnesses to the Committee. Committee members may ask questions to the witnesses.
iii. The alleged Perpetrator will then have an opportunity to make a short opening statement and present evidence and witnesses to the Committee. Committee members may ask questions to the witnesses.
iv. Each side will have an opportunity to make a short, closing argument with the Complainant going first.
v. The hearing will be recorded.
vi. Upon completion of a hearing, the Committee shall meet in closed session. The
College Attorney may be present to provide the Committee with legal advice Based on a preponderance of the evidence standard, the Committee shall review the evidence and make a written, non-binding recommendation to the President within five business days. The parties shall also receive a copy of the non-binding recommendation.
d. Within five business days after receipt of the Committee’s non-binding recommenda- tion, the President will render a final written decision. Both parties shall receive a copy of the decision.
V. PROCTECTION AGAINST RETALIATION
The College will not in any way retaliate against an individual who makes a report
of discrimination, harassment or sexual-based violence in good faith or who assists in an investigation. Retaliation includes, but is not limited to: any form of intimidation, disciplinary action, reprisal or harassment. Retaliation is a serious violation and should be reported immediately. The College will take appropriate action against any employee or student found to have retaliated against another in violation of these procedures.
VI. EMPLOYEE AND STUDENT RELATIONSHIPS
Romantic or sexual relationships between College employees and students are prohibited
if the employee and the student have an academic relationship. Academic relationships include any activities in which the employee is a direct or indirect supervisor or instructor for the
1 In the event the College’s President is the alleged victim or perpetrator, the determination based on the Review Committee’s recom- mendation shall be made by a committee of the Board chaired by the Board Chairperson. All roles assigned to the President in this situation shall be completed by the Executive Vice President.
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