administrative-regulations-manual-rev-8-4-2022.pdf

D. Investigation Process All investigations will be conducted in a thorough, reliable, impartial, prompt, and fair manner. Investigations will include interviews with all relevant parties and witnesses; endeavor to obtain all available, relevant evidence; and identify sources of expert information, as necessary. Good faith effort will be made to conclude the investigation within a reasonable time. If a party refuses to participate in the investigatory process, the investigator will make their findings based upon the information available to them. All parties will be provided with full and fair opportunity, throughout the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record. Parties will have the opportunity to raise the issue of a potential conflict of interest within two (2) days of being advised of the identity of the investigator or CHRB member. The TIXC will determine if a conflict of interest exists. No investigator or CHRB member will make findings or determination in a case in which they have been determined to possess a conflict of interest. In the event that a report or Complaint is also the subject of a separate external criminal investigation, the College will continue to make good faith efforts to investigate the alleged conduct and take action to address the effects of any Prohibited Conduct on its campuses or in the work or educational environment. If the Respondent admits to engaging in conduct that constitutes a violation , the TIXC/Civil Rights Investigator, in conjunction with appropriate administrators, will impose appropriate sanctions. Such a disposition will be final and there will be no subsequent or appeal proceedings, unless the sanctions include suspension or expulsion of a student or termination of an employee . In that case, the Respondent may request a hearing by the Civil Rights Hearing Board (CRHB) (see Section XIII: F) or if the Respondent is an employee, they may alternatively challenge the determination through procedures afforded under any Collective Bargaining Agreement or College policy applicable to the employee. If the allegations that are the subject of the complaint are disputed or denied by the Respondent , then the TIXC/Civil Rights Investigator or their designee will complete the investigation and based upon an evaluation of available evidence, including both inculpatory and exculpatory evidence, make a determination that will be included in a written case summary report and provided to both parties. Once mailed, emailed and/or 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

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