Sexual Misconduct Grievance Process Flowchart

 

Formal Complaint

  • Complainant files and signs a formal complaint requesting an investigation. The Title IX coordinator then begins the grievance process; or
  • ​Title IX coordinator files and signs a formal complaint for an investigation. This may happen when there is a reluctant complainant and the institution has a compelling reason to investigate further.
 

Written Notice

  • Written notice will be given to both parties [people] at the same time;
  • Information about the grievance process will be given to both parties;
  • The respondent is presumed not responsible for the alleged conduct. A determination of [decision about] responsibility will be made at the end of the grievance process.
 

Evidence Gathering

  • Both parties [people] may respond in writing and through interviews to give statements of alleged conduct;
  • Both parties may have an advisor of their choice present;
  • Both parties may present information or evidence and provide names of witnesses relevant to the investigation. Both parties may also submit questions they would like asked of witnesses or parties to the investigator; and
  • Investigators will interview relevant and available witnesses.
 

Investigation Report

  • Investigators will share a copy of all evidence they receive in a draft of the investigation report. It will be sent to both parties (and each party’s advisor) at the same time to inspect and respond; and
  • The completed investigation report and access to evidence will be given to both parties (and each party’s advisor) at the same time, before the hearing.
 

Live Hearing

  • If you want the hearing officer to consider a statement of evidence from any party [person] or witness, or if you want any party or witness to answer questions and be cross examined, that person must participate in the live hearing;
  • The hearing officer can ask questions of parties and witnesses. The party’s advisor will conduct direct and cross examination (relevant questions only) of the other party and witnesses. If a party does not have an advisor, the college will provide an advisor pool list for selection.
 

Determination 

  • The hearing officer is responsible for providing a written determination of [decision about] responsibility and sanctions (if applicable) based only on statements and evidence of the parties and witnesses who participated in the live hearing; and
  • The hearing officer will provide a copy of the written determination to both parties at the same time.
 

Appeal 

  • Either party [person] may appeal (a) the hearing officer’s determination of [decision about] responsibility, or (b) the college’s dismissal of a formal complaint (see below);
  • Both parties will be notified at the same time, in writing, when an appeal has been filed, and the appeal procedures will apply equally for both parties. The nonappealing party will have an opportunity to submit a written response in support or opposition to the outcomes; and
  • The institutional equity and compliance officer will provide an independent, written determination to both parties at the same time. This determination is final.

 

Formal Complaint Dismissals

The college may dismiss the formal complaint at any time before a determination of [decision about] responsibility. Dismissals may happen because of requirements under Title IX, nonapplicability to the policy or insufficient evidence to decide, or if a complainant withdraws the formal complaint. Both parties [people] will receive notice if the complaint is dismissed.

Informal Resolution Option

An alternative to the formal grievance process (outlined above); both parties may opt voluntarily for an informal resolution (if available). Both parties must voluntarily agree to the terms of the informal resolution. Failure to do so will result in continuing the formal grievance process. Informal resolutions are not permitted in cases where sexual harassment is alleged.

Emergency Removals and Employee Administrative Leave

A respondent may be removed from the college’s education program or activity (e.g., interim suspension) on an emergency basis, due to an immediate threat of physical health or safety of a person(s) arising from the allegations. An employee respondent may be placed on administrative leave during the grievance process and will not be able to participate in the informal resolution.