COMPLAINTS:
Any person can complain of Sexual misconduct against or by a student. Complaints
of Sexual misconduct may be made using the College’s Sexual Misconduct
Procedures at the same time criminal investigations or complaints are pursued
by law enforcement or the County Attorney’s Office. Internal investigations
conducted by WNCC and/or College disciplinary proceedings are independent
of any criminal investigation or court case. The College may pursue disciplinary
action against a student at the same time the student is facing criminal charges for
the same allegation, and even if criminal charges have been reduced or dismissed
by the County Attorney.
Complaints of Sexual misconduct against a student by a student should be made
to the College’s Dean of Students or Designate or Title IX designate. Sexual
misconduct complaints by or against employees should be made to the Vice
President of Human Resources. WNCC’s Dean of Students or Designate will
oversee all investigations of allegations of Sexual misconduct.
NOTICE AND OPTIONS:
Upon receipt of a complaint of Sexual misconduct, the Dean of Students or
Designate should proceed under the following guidelines:
Upon receipt of a Sexual misconduct complaint or report, WNCC will provide
the Complainant a written notice describing the options of pursuing a criminal
complaint with law enforcement and/or using the College’s investigation and
disciplinary processes. The Complainant may go forward with one or both options
at the same time, but the College’s investigation will proceed unless needed /
temporary delays are necessitated by an ongoing criminal investigation.
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.
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