N-3-5 Informal Investigation, Decision, and Appeal

The College will utilize the following process should the complainant wish to pursue an informal process, noting that other activities may take place at the discretion of Title IX staff and as appropriate to the investigation. The timelines listed below are estimates only and the College reserves the right for additional time should complex situations arise. Note that this process is only available in situations involving a student(s) as the responding party. If the responding party is an employee, the College must pursue an investigation under the formal process (N-3-6).

Initial Notification and Determination of Process

1. The Title IX Officer will meet with the complainant to explain reporting options and processes, including the option to report to law enforcement; review the informal and formal investigation process; confidentiality; and provide information on available support resources.
2. Should the complainant wish to move forward with a formal or informal investigation, Title IX staff will notify the respondent, in writing, of the alleged complaint.
3. Title IX staff will review the informal and formal investigation process with the complainant and respondent independently. Both parties must agree, in writing, to pursue the informal investigation. It is important to note that at any point in the process, either party can withdraw their participation in the informal process and pursue the formal process.
4. Should one or both parties not agree, and if the complainant wishes to pursue a formal investigation, the College will use the formal process (N-3-6) and appoint an investigator who does not have a conflict of interest (G-28-0.13).
   
   

Investigation and Decision

1. The investigator will meet independently with both parties, allowing each to share their perspective on the alleged incident(s), ask questions for clarity, information about potential witnesses, appropriate evidence, and any other information needed to best determine the facts associated with the incident. The investigator will meet with witnesses as appropriate.
2. After meeting with all parties, the investigator will complete a written report summarizing all facts and evidence within ten business days.
3. The report will be forwarded to the Title IX staff member coordinating the process. If the complaint is between students only, or if the respondent is a student, the report will be sent to the Dean of Student Engagement (or designee) to consider if a potential policy violation exists. If so, the Dean of Student Engagement will hold a student conduct hearing and determine potential sanctions or remedies. If the complaint involves an employee as the responding party, the report will be sent to the Vice President of People and Technology (or designee) to consider if a potential policy violation exists and appropriate next steps.
   
   

Appeals

The complainant or responding party may appeal the decision under the following circumstances:

1. Violation of the process detailed in this section;
2. In light of new evidence not reasonably available at time of investigation;
3. Evidence of bias on part of the investigator(s) or hearing officer; or
4. Evidence of conflict of interest of the investigator(s), Dean of Student Engagement or Vice President of People and Technology (see G-28-0.13).

The appeal must be filed within five business days of the final decision and submitted to the Title IX staff member coordinating the process. Title IX staff will appoint the appeals officer, typically someone not immediately connected to the initial investigation and hearings process. The request for an appeal will be denied if any one of the above conditions are not met or if it not filed within five business days. The appeals officer will notify all parties of their decision within ten business days unless extenuating circumstances exist. The appeals officer’s decision is final.