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Title IX Grievance Process Experience

People Involved

  • Complainant
  • Coordinator [TIXC]
  • Respondent
  • Investigator
  • (Law Enforcement)
  • Victim’s Advocate
  • Advisor for Complainant
  • Advisor for Respondent
  • Witnesses
  • Mediator
  • Decision Maker
  • Appellate Decision Maker

Definitions

Complainant

A person who states that he/she/they have been harmed by another person.

Respondent

A person who is accused of harming the “complaining” person / complainant.

TIXC

The abbreviation for the Title IX Coordinator.

Philosophy / Mindset

How you can expect to be treated:

  • You will be treated with care.
  • The COMPLAINANT is treated as telling the truth.
  • The RESPONDENT is treated as innocent.

The Grievance Process: First Steps

  • Someone reports an incident through the website or to a TIXC.
  • The TIXC contacts the Complainant to have a meeting.
  • The TIXC discusses the process and offers supportive measures.

Supportive Measures are Available & Ongoing

  • At the Beginning
  • During
  • After the Conclusion

First Steps: Complainant's Choice

Make a FORMAL COMPLAINT by completing the Complaint Form, OR File a FORMAL POLICE REPORT by making a statement to the police, OR NOT make a complaint and NOT file a police report.

First Steps: What Happens Next

Complaint: Investigation begins. Police Report: Investigation begins. Neither Filed: Nothing begins

Title IX Investigation Experience

The First Step in the Investigation phase includes:

  • The TIXC reads the Complainant’s FORMAL COMPLAINT and determines whether the Respondent’s alleged conduct if proved:
    • Constitutes sexual harassment,
    • Occurred in the College’s educational program or activity, and
    • Occurred within the United States.

Respondent's Alleged Conduct

After reading Complainant's Report, TIXC determines conduct, if proved, either:

  • Satisfies Title IX Violation,
  • Satisfies Student Conduct Violation ; no longer a Title IX complaint.

Title IX Investigation Experience

Conduct is Title IX violation not only a student conduct violation

  • TIXC Sends written notice of allegations to Complainant (at the same time)
  • TIXC Sends written notice of allegations to Respondent (at the same time)

Investigator Conducts an Investigation

  1. Investigator reads the Complaint.
  2. Investigator interviews the Complainant.
  3. Investigator interviews the Respondent.
  4. Investigator interviews Witnesses.
  5. Investigator follows up with Complainant, Respondent, or Witnesses as needed.

Result of Investigation

The Investigator writes a REPORT including all pertinent information about the alleged conduct / incident.

TIXC sends report to Complainant & Complainant's Advisor giving them 10 days to COMMENT in writing further information based on the Report.

TIXC sends report to Respondent & Respondent's Advisor at the same time giving them 10 days to COMMENT in writing further information based on the Report.

Complainant's Additional Choices Dertermines Next Steps

  • TIXC provides WRITTEN COMMENTS to both parties.
    • Complainant & Advisor read Respondent's Comments.
    • Respondent & Advisor read Complainant's Comments.
  • COMPLAINANT chooses to proceed to either:
    • Formal Hearing
    • Informal Resolution
  • RESPONDENT participates in either:
    • Formal Hearing
    • Informal Resolution

Hearing Experience

Complainant

  • You have an advisor to conduct questioning.
  • You do NOT have to testify AND you will NOT be cross-examined unless you want to be.

Respondent

  • You have an advisor to conduct questioning.
  • You do NOT have to testify AND you will NOT be cross-examined unless you want to be.

Complainant's Advisor

  • Confirms Complainant agrees with what is already written in the Investigative Report and Complainant's Comments.
  • Allows cross-examination of Complainant if Complainant wishes to be cross-examined objecting to questions believed to be inappropriate.
  • Alternatively, there is NO cross-examination of Complainant.
  • Questions each of the Complainant's witnessess.
  • Allows cross examination of witnesses if Witnesses agree to be cross examined objecting to questions believed to be inappropriate.

Respondent's Advisor

  • Cross examines Complainant and any Complainant Witnesses if the Complainant and Complainant Witnesses agree to be cross examined.
  • Confirms that the Respondent does or does not wish to testify on cross examination.
  • If respondent wishes to be cross examined, assists Respondent by objecting to questions believed to be inappropriate.
  • Questions each of the Respondent's witnesses.
  • Allows cross examination of witnesses if Witness agrees to be cross examined objecting to questions believed to be inappropriate.

Hearing Results

  • Decision Maker writes the Findings of Fact and Recommended Sanctions.
  • TIXC sends notice of the Decision Maker's Findings and Sanctions to Complainant and Respondent at the same time.
  • Complainant and Respondent decide to accept or appeal the results.

If Results are Appealed

  • A NEW DECISION MAKER is assigned.
  • NEW DECISION MAKER reviews all information including the hearing and issues a result.
  • TIXC sends Notice of the FINAL RESULTS to the Complainant and Respondent at the same time.

Experience After the Final Results

  • TIXC records the outcome of the grievance process.
  • TIXC tracks any SANCTIONS Respondent must complete if found to have committed the alleged conduct.
  • Case is closed / considered resolved.

Alternative to a Hearing: Complainant Chooses Informal Resolution

Mediation Process

  1. Agree to Mediate
  2. Gather Points of View
  3. Focus on Interest
  4. Create WIN WIN Options
  5. Evaluate Options
  6. Create Agreement

Informal Resolution / Mediation Process Experience

  • Complainant asks for MEDIATION instead of a hearing.
  • This postpones a hearing.
  • TIXC confirms that both sides are willing to MEDIATE.
  • MEDIATOR initiates contact.

Mediation Experience

  • The Mediator will contact the Complainant and the Complainant’s Advisor.
  • The Mediator will contact the Respondent and the Respondent’s Advisor.
  • The Mediator will hold an individual meeting with the Complainant and the Complainant’s Advisor to discuss goals.
  • The Mediator will hold an individual meeting with the Respondent and the Respondent’s Advisor to discuss goals.
  • The Mediator will schedule a joint meeting for all 5 people to discuss how each would like to resolve the case.

Mediation Experience: Joint Meeting

  1. Mediator guides questions and answers among all 5 people
  2. Mediator seeks common ground among Complainant and Respondent.
  3. Mediator assists all agree to an acceptable outcome.

Mediation

  • If successful, then
    • Complainant Agrees.
    • Respondent Agrees.
  • A written AGREEMENT is exchanged with terms.
    • Complainant & Advisor Sign.
    • Respondent & Advisor Sign.
  • TIXC enforces AGREEMENT.
    • Complainant abides by terms.
    • Respondent abides by terms.

The Agreement

  • Terms of the agreement are actions that must be performed.
  • When each person performs as he/she/they agreed to, then the CASE is considered closed / resolved.

Supportive Measures are Available & Ongoing

  1. At the Beginning
  2. During
  3. After the Conclusion

Supportive Measures are for the Complainant

  1. Psychological Safety.
  2. Physical Safety.
  3. Academic Safety.

 

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