Title IX Overview

If you choose to pursue an informal process, you (the complainant) have the following options:

• Give verbal notice to any college employee regarding the incident. The employee will inform the Title IX coordinator.
• File a complaint via the Maxient reporting system

Click for Maxient Form

• The complaint may be made at any time, including outside business hours.
• There is no time limit for filing a complaint. However, if a significant time has passed, or the person you're complaining about (the respondent) is no longer subject to the college’s jurisdiction, the college's ability to investigate, respond or provide remedies may be more limited. It may not be possible for the Title IX coordinator to follow up.
• Although anonymous complaints are accepted, this may delay getting supportive measure to you or the person who may need assistance and support.

Here's what will happen after an informal complaint is submitted:

• Once the complaint is received, the Title IX coordinator will conduct an initial assessment to determine whether the reported conduct may reasonably constitute a violation of college Title IX policy, and whether the college has jurisdiction to pursue an investigation.
• The Title IX coordinator will schedule a meeting with each party separately – the person who made the complaint (the complainant), and the person whose actions are the subject of the complaint (the respondent).
• During the first meeting, the Title IX coordinator will:
  • • Inform each party that they have the right to have an adviser be present, and to have one provided for them at any time throughout the process
    • Review the investigation process
    • Ask each party to share facts and their perspective on the situation
    • Ask for any documentary information and names of relevant witnesses
    • Offer and coordinate supportive measures for each party, as applicable.
    • Inform both parties about resolution options, including a supportive and remedial response, an informal resolution option, or a formal resolution option.
    • Determine if there is a case to be made moving forward.
• The college will provide supportive measures to both parties in the informal process.
• Both parties must give written consent to the informal resolution process.

At any time during the process you may change the informal process to a formal process. 

• Any party can withdraw from the informal resolution process at any time and opt for a formal grievance process.
• If an informal resolution is unsuccessful, a formal grievance process may be pursued.
• Please refer to the “Formal Complaint” section below for more information.

If you choose to purse a formal process, you (the complainant) have the following options:

• File a complaint via the Maxient reporting system

Click for Maxient Form

• The complaint may be made at any time, including outside business hours.
• There is no time limit for filing a complaint. However, if a significant time has passed, or the person you're complaining about (the respondent) is no longer subject to the college’s jurisdiction, the college's ability to investigate, respond or provide remedies may be more limited. It may not be possible for the Title IX coordinator to follow up.
• Although anonymous complaints are accepted, this may delay getting supportive measure to you or the person who may need assistance and support.

Here's what will happen after a formal complaint is submitted:

• Once you submit a formal complaint and request an investigation, the college will provide written notice to you (as the person making the complaint, or the complainant), and to the individual or individuals who are the subject of the complaint (the respondent). This notice will include
  • • The specific allegations
    • The names of the individual making the complaint and any individuals who are the subjects of the complaint
    • The dates and times of the alleged events
    • An explanation that the subject of the complaint has not been found  responsible and that a determination regarding responsibility will be made, based on a preponderance of evidence, at the end of the grievance process
• The Title IX coordinator will schedule a meeting with each party separately – the person who made the complaint (the complainant), and the person whose actions are the subject of the complaint (the respondent).
• At the first meeting, the Title IX Coordinator will:
  • • Inform each party that they have the right to have an adviser be present, and to have one provided for them at any time throughout the process
    • Review the investigation process
    • Ask each party to share facts and their perspective on the situation
    • Ask for any documentary information and names of relevant witnesses
    • Offer and coordinate supportive measures for each party, as applicable.
    • Inform both parties about resolution options, including a supportive and remedial response, an informal resolution option, or a formal resolution option.
    • Determine if there is a case to be made moving forward.
• The Title IX coordinator or an assigned investigator will investigate the complaint and write a report that summarizes any findings based on collected evidence.
• Before the investigative report is completed, both parties will be given 10 days to review the report, and both parties will be allowed to submit a meaningful written response, which the Title IX coordinator or investigator will consider before completing the report.
• The final report will be submitted with both parties and their advisers at least 10 days before any hearing is held, or if there is no hearing, at least 10 days before the Title IX coordinator makes a final determination about the resolution.

The college will provide supportive measures for both the person making the complaint and the subjects of the complaint. In addition,

• The college will set a reasonably prompt time frame for completing the process and filing or resolving any appeals.
• If any delays or extensions are provided, both parties will be given written notice about the delays and the reasons. 

If the Title IX coordinator determines that a formal hearing is warranted, it will be conducted by the Student Development Division.

Before the Hearing

• Each party will be sent a Pre-Hearing Notice via the Office of Student and Judicial Affairs at least 20 business days before the formal hearing.
• As part of the pre-hearing process:
  • Parties will be given written notice of the date, time, location and purpose of    the hearing as well as the identity of the hearing panelists.
  • The hearing coordinator will conduct a pre-hearing meeting with each party to review the hearing process.
  • Objections to an appointed hearing officer can be made in writing to the hearing coordinator no later than five business days after the hearing notice has been sent to the parties. Any objection may only be based on an actual conflict of interest.
  • Both parties will submit lists of any witnesses to the hearing coordinator no later than 10 business days before the hearing.
  • Both parties will submit a list of proposed questions to the hearing coordinator, no later than five business days before the hearing.
• Also, before any hearing:
  • Each party will be allowed to select an adviser. This should be a person you   trust to be supportive and clear-thinking. The adviser doesn't need to be an attorney. If either party doesn't have an adviser, the college will assign one at no cost.
  • The hearing file will be distributed to both parties (the complainant and respondent) and their advisers 10 business days before the hearing.
  • The hearing file includes the investigation report with any documentary information, the outline of the hearing, the people that will be present for the hearing, and any additional supporting documents.

Formal Hearing Process

• During the hearing:
  • The hearing may be conducted via online video so the parties don't have to be in the same room. 
  • Each live hearing will be recorded and that recording will be college property. No other recording is permitted. Parties may request to review the recording.
  • Each party's adviser will be allowed to ask relevant questions and follow-up questions of the other party and any witnesses. The person conducting the hearing, or a hearing panel, will first determine the relevancy of each question, before the questions are asked.
  • Advisers can not speak on behalf of the parties.
  • The hearing officer or decision maker will use the preponderance of evidence standard to determine whether a violation of Title IX policies occurred. This standard calls for determining if the evidence shows it's more likely than not that a violation occurred.
• After the hearing:
  • The hearing officer will provide written findings of facts and conclusions about whether the respondent violated any Title IX Policies.
  • The Title IX coordinator will review the hearing officer’s report to ensure compliance with the hearing and with nondiscrimination policy.
  • The hearing coordinator will forward the hearing officer’s report promptly to  both parties, the Title IX coordinator, and the dean of Student Development within 10 business days after the hearing.  

Hearing Outcomes

• • No Violation Found: If no violation is found, the hearing coordinator will notify the parties of their appeal rights.
  • Violation Found: The hearing officer will submit their report to the college president (or designee) within five business days after the hearing outcome, including recommended sanctions imposed, as defined in the Student Conduct Procedures.

Either party can appeal the decision from the decision-maker or hearing panel.

• Appeals of any decision involving removal from campus for a Title IX infraction should be submitted to Michele LeBleu-Burns, dean of Student Development and EOPS.
• Appeals for all other outcomes should be submitted to Rob Mieso, vice president of Student Services.

If an appeal is filed, each party will be notified in writing and provided an explanation of the appeal procedures. The decision-maker or panel deciding the appeal will be different from the individuals who served as the original hearing panel.

Federal law prohibits retaliation against anyone involved in a Title IX investigation, complaint or proceedings. All parties are protected from retaliation.