civil-rights-and-sexual-misconduct-reporting-response-procedure-8-25-2021.pdf

generally within 24-48 hours absent other exigent circumstances. The College is required to conduct a prompt, thorough and impartial investigation of Prohibited Conduct regardless of whether or not a Complaint is filed. Failure to report can result in disciplinary action, up to and including termination. D. Privacy and Requests for Confidentiality or No Action The College is committed to protecting the privacy of all individuals involved in an incident reported under this Procedure. Every effort will be made to protect the privacy interests of all individuals involved. This means that information related to such reports will only be shared with a limited circle of individuals, including individuals who “need to know” in order to assist in the review, investigation, or resolution ofthe report or to deliver resources or support services. All participants in an investigation of Process A/Title IX (Sexual Harassment), including Advisors and witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties, and will be asked to keep any information learned in an investigation meeting or hearing confidential, to the extent consistent with applicable law. Notwithstanding the foregoing, the College cannot guarantee absolute confidentiality with respect to reports received under this Procedure. As described in Section C above, all College employees have a duty to report incidents of which they become aware to the TIXC. If at any point a previously self-identified Reporter or Complainant requests that their name or other identifiable information be held confidential with respect to the Respondent, or decides not to pursue action by the College, the College will make all reasonable attempts to respond to the report or complaint consistent with that request. However, the College’s ability to investigate and respond to the reported conduct may be limited in such a circumstance. Further, due to the fact that the College has a legal obligation to review all reports and complaints involving Prohibited Conduct, the College will weigh the request for confidentiality and/or no action against such factors as the seriousness of the alleged conduct, whetherthere have been other complaints or reports of a similar nature against the same Respondent, the College’s obligation to provide a reasonably safe and nondiscriminatory environment for all members of the College community, and the rights of the Respondent to receive notice and relevant information before disciplinary action is taken. If the College determines that it is necessary to proceed with the complaint procedure or implement other appropriate remedies, the Complainant will be notified by the TIXC of the College’s chosen course of action. The TIXC has discretion over whether the College proceeds when the Complainant does not wish to do so, and the TIXC may sign a formal Complaint to initiate the formal resolution process upon completion of an appropriate risk assessment. This assessment can include compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. The College may be compelled to act in response to alleged employee misconduct irrespective of a Complainant’s wishes. When the TIXC executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy. Note that the College’s ability to remedy and respond to notice may

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