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
- Investigator reads the Complaint.
- Investigator interviews the Complainant.
- Investigator interviews the Respondent.
- Investigator interviews Witnesses.
- 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
- Agree to Meditate.
- Gather Points of View.
- Focus on Interest.
- Create WIN WIN Options.
- Evaluate Options.
- 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
- Mediator guides questions and answers among all 5 people
- Mediator seeks common ground among Complainant and Respondent.
- 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
- At the Beginning
- During
- After the Conclusion
Supportive Measures are for the Complainant
- Psychological Safety.
- Physical Safety.
- Academic Safety.