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College Catalog: Policy on Sexual Violence, Domestic Violence, Dating Violence, And Stalking: R. Formal Resolution Process

1. Complainant’s Initial Meeting with the Title IX Coordinator. As soon as is practicable, the Title IX Coordinator will contact the complainant to schedule an initial meeting. If the complainant is not the alleged victim, the Title IX Coordinator also will contact the alleged victim as soon as possible to schedule an initial meeting. The complainant may be accompanied by an advisor of his or her choosing. At this initial meeting, the Title IX Coordinator will:

  1. Provide the complainant a copy of this Policy;
  2. Provide the complainant with a Complaint Form, if necessary;
  3. Provide a written explanation of the complainant’s rights and options related to changes in academic, parking, and working arrangements;
  4. Explain avenues for formal resolution and informal resolution of the complaint;
  5. Explain the steps involved in an investigation;
  6. Discuss confidentiality standards and concerns with the complainant;
  7. Determine whether the complainant wishes to pursue a resolution (formal or informal) through the College or no resolution of any kind;
  8. Refer the complainant to campus and community resources, including the local sexual assault crisis center, domestic violence crisis center, or other victim support service with which the College has entered into a memorandum of understanding;
  9. Discuss with the complainant, as appropriate, possible interim measures that may be taken or provided when necessary during the pendency of the investigative and resolution processes;
  10. Discuss the right to a fair and impartial resolution of the complaint
  11. Discuss the College’s obligation to disclose information about the complaint, including personally identifiable information, to campus/local law enforcement or to the local Commonwealth’s Attorney, or both, under certain conditions.

2. Respondent’s Initial Meeting with the Assigned Title IX Coordinator. As soon as is practicable, the Title IX Coordinator will schedule an initial meeting with the respondent. The respondent may be accompanied by an advisor of his or her choosing. During the initial meeting with the respondent, the Title IX Coordinator will:

  1. Provide the respondent, in writing, sufficient information to allow him or her to respond to the substance of the allegation;
  2. Provide the respondent a copy of this Policy;
  3. Provide a written explanation of the respondent’s rights and options related to changes in academic, parking, and working arrangements;
  4. Explain the College’s procedures for formal resolution and informal resolution of the complaint;
  5. Explain the steps involved in an investigation;
  6. Discuss confidentiality standards and concerns with the respondent;
  7. Discuss non‐retaliation requirements;
  8. Inform the respondent of any interim measures that may be imposed on the respondent;
  9. Refer the respondent to campus and community resources, as appropriate;
  10. Discuss with the respondent, as appropriate, possible interim measures that can be provided to the respondent during the pendency of the investigative and resolution processes;
  11. Discuss the respondent’s the right to due process and a fair and impartial resolution of the complaint; and
  12. If the respondent is a student and the complaint involves an alleged act of sexual violence, explain to the respondent that the College will include a notation on the academic transcript if the respondent is suspended or dismissed after being found responsible, or withdraws while under investigation, and that the investigation will continue in the respondent’s absence while being afforded notice of the charges (and hearing, if applicable) and an opportunity to respond to all the evidence.

3. Title IX Coordinator’s Initial Determination.

  1. The College shall conduct an investigation of the complaint unless (i) the complainant does not want the College to pursue the complaint and the Title IX Coordinator has determined that the College can honor the request; (ii) it is clear on its face and based on the Title IX Coordinator’s initial meetings with the parties that no reasonable grounds exist for believing that the conduct at issue constitutes a violation of this Policy. The Title IX Coordinator will consider the following factors in determining whether it is reasonable to investigate the complaint: the source and nature of the information; the seriousness of the alleged incident; the specificity of the information; the objectivity and credibility of the source of the information; and whether the individuals allegedly subjected to the conduct can be identified.
  2. In the event that the Title IX Coordinator determines that an investigation of the complaint should not be conducted, he or she will document (in consultation, as necessary, with the complainant, respondent, and other College officials) the appropriate resolution of the complaint and inform the parties of the same. The Title IX Coordinator shall provide specific and clear written reason(s) why an investigation should not be conducted. The Title IX Coordinator shall provide the determination that the College will not investigate the matter to the complainant and the respondent, concurrently, within five (5) workdays of the completion of the initial meetings. This decision is final.

4. Appointment of the Investigator and Conduct of the Investigation.

  1. If the Title IX Coordinator determines that an investigation should be conducted, he or she will appoint an investigator within five (5) workdays of the completion of the initial meetings. The Title IX Coordinator will share his or her name and contact information with the complainant and respondent and will forward the complaint to the investigator. Within three (3) workdays of such appointment, the investigator, the complainant or the respondent may identify to the Title IX Coordinator in writing any potential conflict of interest posed by assigning such investigator to the matter. The Title IX Coordinator will consider such statements and will assign a different individual as investigator if it is determined that a material conflict of interest exists.
  2. The investigator will contact the complainant and respondent promptly. In most cases, this should occur within three (3) workdays from the date of the investigator’s appointment or the conclusion of the informal resolution process, whichever is later. The investigator will schedule meetings with the parties. The parties may provide supporting documents, evidence, and recommendations of witnesses to be interviewed during the course of the investigation. Each party may have one advisor present during any meeting with the investigator; however, the advisor may not speak on the party’s behalf.
  3. In the conduct of the investigation, the investigator should weigh the credibility and demeanor of the complainant, respondent, and witnesses; the logic and consistency of the evidence, motives, and any corroborating evidence.
  4. The investigation of any alleged violation of this Policy should be completed within 60 days of the filing of the complaint or the date on which the College becomes aware of the alleged violation, unless good cause exists to extend the timeframe. If more time is necessary, the parties will be notified in writing and given the reason for the delay and an estimated time of completion.
  5. Both complainant and respondent will have the opportunity to review and respond to evidence obtained during the investigation. Each party also will have the opportunity to review and comment on the written investigative report within seven (7) workdays of receiving the report. The final written investigative report and the parties’ responses thereto shall be part of the record.
  6. The investigator will complete a written investigative report that includes summaries of all interviews conducted, photographs, descriptions of relevant evidence, the rationale for credibility determinations, summaries of relevant electronic records, and a detailed report of the events in question. The written investigative report shall include at minimum, the following information:
    • The name and gender of the complainant and, if different, the name and gender of the person reporting the allegation;
    • A statement of the allegation, a description of the incident(s), and the date(s) and time(s) (if known) of the alleged incident(s);
    • The date that the complaint or other report was made;
    • The date the respondent was interviewed;
    • The names and gender of all persons alleged to have committed the alleged violation;
    • The names and gender of all known witnesses to the alleged incident(s);
    • The dates that any relevant documentary evidence (including cell phone and other records as appropriate) was obtained;
    • Any written statements of the complainant or the alleged victim if different from the complainant;
    • The date on which the College deferred its investigation and disciplinary process because the complainant filed a law enforcement complaint and the date on which the College resumed its investigation and disciplinary process (if applicable); and
    • The outcome of the investigation.
  7. The investigator will forward the written investigative report to the Title IX Coordinator.
  8. The withdrawal of a student from the College while under investigation for an alleged violation of this Policy involving an act of sexual violence shall not end the College’s investigation and resolution of the complaint. The College shall continue the investigation as set forth under this Policy. The College shall notify the student in writing of the investigation and afford the student the opportunity to provide evidence, to review and respond to all the evidence against the student, and to the written investigative report prior to making a final determination. The student also shall receive notice in writing of any hearing, including the day, time, and location. Upon the student’s withdrawal, the College shall place a notation on the student’s academic transcript that states, “Withdrew while under investigation for a violation of Paul D. Camp Community College’s sexual misconduct policy.” After the College has completed its investigation and resolution of the complaint, the College shall either (1) remove the notation if the student is found not responsible or (2) change the notation to “Withdrew while under investigation and subsequently found responsible for a violation of Paul D. Camp Community College’s sexual misconduct policy. Upon a final determination, the Title IX Coordinator immediately shall notify the registrar and direct that the appropriate notation is made.