The Complainant must state in writing if he or she wishes to pursue a complaint.
If he or she does not wish to pursue the complaint and/or makes a request that
his or her identity remain anonymous, the Dean of Students or Designate will
make note of that request in the report. Whether or not the Complainant wishes
to pursue a formal complaint, the College is still required to investigate reports of
Sexual misconduct. The Complainant must be informed of the College’s obligation
to investigate and that requests to maintain anonymity cannot be guaranteed.
In all investigatory and adjudication proceedings conducted by the College
concerning charges of Sexual misconduct, domestic violence, dating violence, or
stalking, including any related meetings or hearings, both the complainant and the
respondent will be afforded the same process rights, including equal opportunities
to have others present. This includes the right to be accompanied by an advisor of
their choice. Both the complainant and respondent will also be afforded an equal
opportunity to introduce evidence and identify witnesses.
INVESTIGATION:
When a student is accused of any violation of the Sexual misconduct policy,
including but not limited to charges that he or she engaged in Sexual assault,
domestic or dating violence, or stalking, the Investigator (Dean of Students or
Designate or designee/trained deputy) shall conduct an investigation to determine
(1) if a violation may have in fact occurred and (2) if so, what an appropriate
sanction(s) might be, and (3) if a violation(s) and sanction(s) can be administratively
resolved by mutual consent of the parties involved. The investigation will be
decided using a preponderance of evidence standard. In other words, the evidence
must show that it is more likely than not that the alleged misconduct occurred.
Investigations into allegations of Sexual misconduct should be concluded within
sixty (60) calendar days of the College’s receipt of said report unless mitigating
circumstances require the extension of time frames beyond sixty (60) days.
Such circumstances may include the complexity of the allegations, the number
of witnesses involved, the availability of the parties or witnesses, the effect of a
concurrent criminal investigation, College breaks or vacations that occur during the
pendency of an investigation, or other unforeseen circumstances. In these matters
the complainant and the respondent shall be notified, provided an explanation,
and given information about the amount of additional time required to conclude
the process.
When the Investigator completes an investigation, both the complainant and the
respondent shall simultaneously be informed in writing within seven (7) business
days of the outcome of the investigation and any sanction(s) imposed. Both the
complainant and respondent will be given the same procedures and time frame to
appeal the outcome of the proceeding, both parties will receive the same process
rights if an appeal is granted, and the parties will both receive timely notice when
the outcome becomes final.
APPEAL:
An appeal (unacceptance) of the decision of the Investigator may be made
in writing to the Dean of Student Services no more than five (5) working days,
excluding weekends or holidays, after the written decision by the Investigator is
received. The Dean of Student Services shall then convene a hearing of the College
Student Conduct Board.
COMPOSITION OF COLLEGE STUDENT CONDUCT BOARD:
There shall exist one College Student Conduct Board to hear all appeals of the
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