Procedure03.03.060.d 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 appropriate, 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 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 President
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.
- 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.
- 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 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.
iii. Each party has the right to present testimonial and documentary evidence.
iv. Each party has the right to be present and hear the witnesses presented for both sides.
v. 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 recommendation, the President will render a final written decision. Both parties shall receive a copy of the decision.