student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of Incomplete without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural athletics. X. S TANDARD OF P ROOF The preponderance of the evidence standard will be used for all investigations of complaints alleging Prohibited Conduct. This standard of the evidence demonstrates that it more likely than the conduct occurred, and will be used to determine whether or not an individual has violated College policy. XI. C IVIL R IGHTS /T ITLE IX C OMPLAINT P ROCESSES The College has developed two separate formal resolution processes within this Procedure to address Prohibited Conduct involving students and employees. Unionized or other categorized employees will be subject to the terms of their respective Collective Bargaining Agreements to the extent those Agreements do not conflict with federal or state compliance obligations. Redress and requests for responsive actions for incidents involving guests, volunteers and independent contractors/third-party vendors are also covered by this Procedure. Process A/Title IX will address complaints alleging Title IX/Sexual Harassment Offenses. Process B/Civil Rights will address complaints alleging Discrimination, Discriminatory Harassment, Retaliation, and other Prohibited Conduct that does not meet the definition of a Title IX/Sexual Harassment Offense. The TIXC will determine if alleged misconduct falls within the scope of Process A/Title IX or Process B/Civil Rights. Upon receipt of a complaint or notice to the TIXC of an alleged violation, an initial assessment will be done to determine the next steps. The College will initiate at least one of three responses: 1. Offering supportive measures because the Complainant does not want, or refuses, to proceed formally. 2. An informal resolution (Process B/Civil Rights only). 3. A Formal Grievance Process including an investigation and/or hearing.
XII. P ROCESS A/T ITLE IX (S EXUAL H ARASSMENT ) A. Initial Complaint Assessment Following receipt of notice or a complaint of Prohibited Conduct, the TIXC engages in an initial assessment. The steps in an initial assessment can include:
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