Formal Resolution Process

When a report is filed, the AVP-Title VI/IX Coordinator is put on notice that a concern or incident has occurred and will schedule a time to meet with the Complainant to discuss resources, support and process options. During this time, the Coordinator can answer any questions or concerns the Complainant has about next steps.  

When a Formal Complaint is filed, the Complainant has indicated that they would like the College to support and respond, either informally or formally, to the concerns/allegations brought forward. The signed Formal Complaint will indicate the nature of the concern/incident the Complainant is bringing forth to the College. During this time, the Complainant would have also shared with the Coordinator their desire to navigate a formal resolution process.  

After meeting with the Complainant, the AVP-Title VI/IX Coordinator will issue a NOIA to both parties and schedule a meeting to discuss next steps in the process, procedures, and answer any questions they may have. 

Both parties are permitted and encouraged to have an advisor of their choice present for any meetings with the Office of Equity Compliance and/or related designee. Parties may choose their own advisor, who may also be an attorney the party has retained or connect with a Confidential Advocate to may volunteer to serve in this role.  

After the AVP-Title VI/IX Coordinator has issued the NOIA and met with both parties to discuss investigation next steps, the parties will be contacted by the assigned investigator. The assigned investigator is often provided in the NOIA, however in some circumstances, may be provided to both parties via email.  

The assigned investigator will send outreach to the parties and any witnesses identifies to schedule their respective interviews. The assigned investigator will prepare a summary of each participant’s interview and provide it to them to review for accuracy. Both parties and witnesses will also have the opportunity to submit relevant evidence to be reviewed by the assigned investigator.  

Following completion of interviews and reviewing submitted evidence, the assigned investigator will prepare a Draft Investigation Report, which will be provided to the parties and the AVP-Title VI/IX Coordinator. The draft report will include the assigned investigator’s factual findings, analysis, and credibility assessment, if applicable, interview summaries, and relevant evidence gathered during the investigation process. The draft report will be shared with the parties, and respective advisors for Title IX cases only, by the AVP-Title VI/IX Coordinator. The parties will have 10 business days to review the material and provide written feedback directly to the assigned investigator.  

The assigned investigator will review any feedback to the Draft Investigation Report submitted by the parties and AVP-Title VI/IX Coordinator and may conduct additional investigation meetings, if needed. The assigned investigator will update the draft report and issue a Final Investigation Report to the AVP-Title VI/IX Coordinator. The final report will include any feedback submitted to the draft report by the parties. The AVP-Title VI/IX Coordinator will issue the Final Investigation Report to both parties.

  For Title IX Cases: No less than 10 business days after the issuance of the Final Investigation Report the Office of Conduct and Community Standards (students) or Sr. Associate Vice President for Human Resources and applicable department head (employees) will contact you for a prehearing meeting and to issue your Hearing Notification Letter.  

For Non-Title IX Cases, including Sexual Misconduct and Title VI: Following the issuance of the Final Investigation Report the Office of Conduct and Community Standards (students), Sr. Associate Vice President for Human Resources and applicable department head (employees), or designee will contact you for a prehearing meeting and to issue your Hearing Notification Letter.  

For Title IX Cases: No less than 10 business days after the issuance of the Final Investigation Report the AVP-Title VI/IX Coordinator will refer the case to Office of Conduct and Community Standards (students) or Sr. Associate Vice President for Human Resources and applicable department head (employees) to issue the Hearing Notification Letter, which will include the list of final charges and other hearing related information. At this time, the appropriate designee will also schedule a prehearing meeting.

For Non-Title IX Cases, including Sexual Misconduct and Title VI: Following the issuance of the Final Investigation the AVP-Title VI/IX Coordinator will refer the case to Office of Conduct and Community Standards (students) or Sr. Associate Vice President for Human Resources and applicable department head (employees) to issue the Hearing Notification Letter, which will include the list of final charges and other hearing related information. At this time, the appropriate designee may also schedule a prehearing meeting.

For Title IX Cases: In preparation for the hearing, the decision-maker(s) will review the Final Investigation Report, and all related materials included and related to the final report. Both parties and their advisors will have access to the final report in preparation for the hearing and will be invited to participate in a prehearing meeting to discuss hearing related information. Participation in the hearing and any related meetings remains voluntary.

For Non-Title IX Cases, including Sexual Misconduct and Title VI: In preparation for the hearing, the decision-maker(s) will review the Final Investigation Report, and all related materials included and related to the final report. The decision-maker(s) may have additional questions for both of the parties before making a final determination. The parties will have access to the final report in preparation for the hearing and may be invited to participate in a prehearing meeting to discuss hearing related information Participation in the hearing and any related meetings remains voluntary.

Either party may submit a written appeal request of the decision-maker(s) decision to the AVP-Title VI/IX Coordinator within the designated appeal window (please refer to the applicable process). A copy of the written appeal request will be provided to the other party, who is permitted to submit a response, and the designated Appeal Decision-maker.

Requests for appeal should specifically state whether the objection is to the determination of responsibility, the sanction, or both, and explain in detail the grounds for appeal, which include:

1. Procedural Irregularity – The departure from designated procedures resulted in significant prejudice that affected the outcome.
   
2. New Information – New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made that could have affected the outcome.
   
3. Conflict of Interest or Bias – The Title IX coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent, that affected the outcome.
   
4. Excessive or Inappropriate Sanction – The sanction imposed is either excessive or not appropriate for the violation.

The Appeal Decision-maker will review the appeal request, appeal request response, if applicable, Final Investigation Report, Hearing Outcome Letter and any related evidence, including the hearing recording, and any other materials deemed relevant. The Appeal Decision-maker may also opt to meet with relevant parties or officials involved in this case.

The Appeal Decision-maker will issue their decision, in writing to the AVP-Title VI/IX Coordinator, who will issue the final decision to the Parties. For Title IX cases, this will happen within 10 business days of the last appeal related filing/meeting.