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Procedure

03.03.060.c Initial Invesitgation

 

 

 

 

Members of the College community are encouraged, but not required, to resolve issues informally and may attempt to do so directly with the other party or with the assistance of a supervisor or other College official.  In circumstances in which informal process fails or is inappropriate, in the cases of sexual harassment and sexual-based violence, or in which the Complainant requests formal procedures, the complaints will be investigated promptly, impartially and thoroughly according to the following procedures:

  1. Individuals filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint.  Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints.  The Coordinator shall fully investigate any complaints and will, as needed and if the complaint also involves an employee, collaborate with the College’s Director of Human Resources.  During the course of the investigation, the Coordinator may consult with other relevant College administrators and the College Attorney.
  2. 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 confidentiality laws.
  3. 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:  reassignment of class schedules; temporary suspension form campus (but be allowed to completed coursework); or the directives that include no contact between the involved parties.
  4. 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 investigations 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.
  5. 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.
  6. 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.