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

received in-person, notice will be presumptively delivered.

• If the TIXC and appropriate administrators conclude that the investigation supports a finding of responsibility against an employee Respondent, then the employee will be notified of such finding and shall be entitled to all due process rights available to them under applicable Collective Bargaining Agreements and/or College policies prior to any final determination of responsibility and potential disciplinary action. Employee Respondents may also utilize the CHRB to appeal the TIXC decision by providing written notice to the TIXC within five (5) business days of receiving the case summary report. • If the TIXC concludes that the investigation supports a finding of responsibility against a student Respondent, then the student will be notified of such finding. Within five (5) business days of the date of notification, the student Respondent may then elect to have the Complaint against them adjudicated through either an administrative hearing with the Student Conduct Manager or a hearing before the CRHB for a final determination of responsibility and appropriate sanctions. If the TIXC concludes that the investigation does not support a finding of responsibility against a Respondent , each of the parties will be notified of the results of the investigation, and the case will be considered closed with no further right of appeal by either party. E. Informal Resolution/Mediation Informal resolution options, such as mediation or restorative justice, are often used for less serious, yet inappropriate, behaviors and is encouraged as an alternative to the formal process to resolve conflicts. If both parties agree to informal resolution measures, the TIXC, in conjunction with appropriate administrators, will be responsible for facilitating a dialogue and/or an educational session for the Complainant and Respondent, either separately or collectively, regarding these options. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution and proceed with the complaint through the formal Process B/Civil Rights process. Informal resolution options will not be offered to resolve cases where a complaint alleges that an employee sexually harassed a student. F. Civil Rights Hearing Board (CRHB)/Appeal As detailed in Section XIII: D, the Civil Rights Hearing Board is an appeal option in the following circumstances: • If a Respondent admits to engaging in conduct that constitutes a violation of this policy and the recommended sanction include suspension/expulsion of a student or termination of an employee. • If a Respondent was found responsible for an allegation that the Respondent disputes or denies.

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