Title IX Coordinator will also contact the Complainant within five (5) business days.
signed by the Complainant. In the event that under the circumstances a formal complaint should be pursued notwithstanding a Complainant’s desire not to file a formal complaint, the Title IX Coordinator may sign the complaint. The complaint must include the following: • the date of the original complaint,
If after a discussion with the Complainant, the Title IX Coordinator determines that the complaint does not qualify as a Title IX Complaint, the Title IX Coordinator will notify the Complainant in writing and may redirect the Complaint to the appropriate committee. If after a discussion between the Complainant and the Title IX Coordinator, the Title IX Coordinator determines that the complaint meets the criteria of a Title IX Complaint and the Complainant requests to file a formal complaint, the Title IX Coordinator will initiate the formal complaint process. C. SUPPORTIVE MEASURES Supportive measures mean non-disciplinary non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College ’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The College must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Supportive measures will be offered to the Complainant within five (5) business days of receipt of the complaint. Supportive measures will be offered to the Respondent simultaneously with the Notice of Allegations. D. Standard of Evidence for Determining Responsibility for the purposes of College Title IX procedures, the College will use a “preponderance of evidence” standard for determining responsibility. Preponderance of the Evidence means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is evidence which as a whole shows that the fact sought to be proved is more probable than not. E. FORMAL COMPLAINT PROCESS A formal complaint must be submitted in electronic (email) or written format to the Title IX Coordinator and must be
• names of Complainant and Respondent, • facts and description of the complaint, and • the request to investigate complaint.
A Complainant must be participating in or attempting to participate in a College sponsored program or activity at the time the complaint is filed. F. DIMISSAL OF FORMAL COMPLAINT The College may dismiss a formal complaint or allegations therein if: • the Complainant informs the Title IX Coordinator in writing that the Complainant desires to withdraw the formal complaint or allegations therein, • the Respondent is no longer enrolled or employed by the school, or • specific circumstances prevent the school from gathering sufficient evidence to reach a determination. The College must dismiss a formal complaint or allegations therein if: • the allegations do not meet the definitions of sexual harassment • the alleged conduct did not occur within the United States, or • the alleged conduct did not occur within a College sponsored program or activity. If the College determines the formal complaint or allegations therein will be dismissed, the Title IX Coordinator will provide written notice to both parties of the dismissal of allegations, and the reason for dismissal within five (5) business days of the decision to dismiss the complaint. G. NOTICE OF ALLEGATIONS The Title IX Coordinator will provide simultaneous written notice of allegations, including sufficient details, and intent to investigate to the Complainant and Respondent no later than ten (10) calendar days after receipt of the formal complaint. The Title IX Coordinator will also provide both parties with the formal complaint, grievance and appeal process, possible sanctions and remedies, and availability of advisors. The written notice shall include a statement that the respondent is presumed not responsible for the alleged conduct, that the parties and their advisors may review and inspect evidence, and advise the parties of the provisions of the College Code of Conduct relating to making false statements or submitting false information during the grievance process.
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