1. If notice is given, the TIXC seeks to determine if the person affected/Complainant wishes to make a formal, written Complaint, and will assist them to do so, if desired. If they do not wish to do so, the TIXC determines whether to initiate a Complaint due to a compelling threat to the health and/or safety of any member of the College community. 2. Upon receipt of notice/a formal Complaint, the TIXC and/or designee will reach out to the Complainant to offer supportive measures and provide information about the complaint and resolution processes. 3. If, after initial assessment of a written report or Complaint, the TIXC determines that the report/Complaint alleges a Title IX/Sexual Harassment Offense, the case will move forward to Process A/Title IX. 4. At the time of filing a formal Process A/Title IX Complaint, a Complainant must be participating in or attempting to participate in an Education Program or Activity of the College, or an employee. 5. Mandatory Dismissal : If the allegations in the Complaint would not constitute a Title IX/Sexual Harassment Offense, even if proved, or did not occur in an Education Program or Activity against a person in the United States, the College must dismiss the Title IX/Sexual Harassment Offense Complaint . However, if the conduct alleged in the Complaint would, if proven, also violate the College’s Student Code of Behavioral Conduct, the Employee Manual, and/or constitute other Prohibited Conduct, the Complaint may be processed under and subject to sanctions imposed pursuant to the College’s Student Code of Behavioral Conduct, the Employee Manual, and/or the Process B/Civil Rights procedure set forth in Section XIII below, as applicable. B. Respondent Written Notice Upon opening an investigation, the TIXC will provide the Respondent with written notice of the allegations that are the subject of the Complaint. The notice will include sufficient detail to enable the Respondent to prepare a response to the allegations prior to any initial investigatory interview, and to identify and choose an Advisor to accompany them to the interview. The Complainant will be informed in advance of when the notice will be delivered to the Respondent. Amendments and updates to the notice may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges. Notice will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official College records, or emailed to the parties’ College-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. C. Right to an Advisor The parties may each have an Advisor of their choice present with them for all meetings and interviews within the resolution process described in this Section XII, if they so choose. The
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