Upon receipt of a formal complaint of Sexual Harassment, the College will proceed with the resolution procedures described below, and where appropriate, sanctions and corrective measures will be taken. All steps of the College’s resolution procedures (including investigation and disciplinary procedures) will be prompt, fair, and impartial.7
Generally, the College will attempt to complete the formal complaint resolution process within 60 days. However, the time frames set forth in these procedures are meant to provide guidance, and the College may, as appropriate, alter or extend time frames for good cause, with written notice to the parties. The time it takes to complete the resolution of a sexual harassment complaint may vary based on the complexity of the investigation and the severity and extent of the alleged conduct, as well as on whether there is a parallel criminal investigation, or if school breaks occur during the process.
a. Informal Resolution
In some cases, the Title IX Coordinator(s)** may determine, after receiving a formal complaint and conducting a review of the circumstances, that informal resolution may be an appropriate means of addressing reported behaviors and responding to the complainant’s concerns. Informal resolution will only be pursued prior to the Decision-Maker(s) issuing a written decision on responsibility. Informal resolution will not be available to resolve allegations involving an employee sexually harassing a student. The College will not require the parties to participate in the informal resolution process as a condition of enrollment, continuing enrollment, or employment or continuing employment, or of any other right conferred by the College.
During the informal resolution process, the parties will be given the same opportunities to have others present for interviews or meetings, which includes the opportunity to be accompanied to interviews by a silent advisor of their choice. The Title IX Coordinator** will provide the parties with a written notice setting for the allegations, the requirements of the informal resolution process set forth in this Policy, the right of any party to withdraw from the informal process and proceed with the formal process, at any time prior to agreeing to a resolution; and any consequences resulting from the participation in the informal process, including the records that will be maintained or could be shared by the College. Both parties must voluntarily consent in writing to participation in the informal resolution process.
Either party may, at any time prior to signing an informal resolution agreement, elect to end the informal resolution process and proceed with formal resolution instead. In such cases, statements or disclosures made by the parties in the course of the informal resolution will not be considered in the subsequent formal resolution. In order to promote honest, direct, communication, information disclosed during informal resolution must remain private while the informal resolution is pending, except where disclosure may be required by law or authorized in connection with duties on behalf of the College.
The Title IX Coordinator** or designee will attempt to aid the parties in finding a mutually acceptable resolution to the complaint. This resolution will be reduced to writing and must be signed by the Complainant and the Respondent. Once both parties have voluntarily signed the written resolution, the written resolution becomes final and neither party can initiate the formal process to resolve the allegations in the formal complaint. The written resolution is not subject to appeal.
Sanctions and/or supportive/protective measures may be taken as the result of an informal resolution process, if both parties agree to such measures. The College will retain a record of the resolution reached.
b. Right to an Advisor
Both a Complainant and a Respondent are given the opportunity to have support or advice through the reporting and if applicable, investigative and disciplinary processes. Either the Complainant or the Respondent may have an individual accompany them at their own expense to any meetings, interviews, or hearings related to the matter — these individuals are called “advisors.” The advisor may be a friend, victim advocate, lawyer, employee, family member, or other person chosen by the Complainant or Respondent. The roles and expectations of a person serving as an advisor are explained as follows:
- The advisor will keep private the information shared during meetings and throughout the investigation and adjudication process and will not disclose in any manner information shared or learned in the College process.
- It is up to the Complainant and Respondent to present their information in meetings, interviews, or hearings. Advisors cannot speak for an individual and do not have an active role during any meetings, interviews, or hearings, with the sole exception of conducting cross-examination on behalf of a party in a live hearing.
- Unless otherwise indicated, the College’s communication during the process will be with the Complainant and Respondent, not with the advisor directly.
- A Complainant or Respondent may use a different advisor at various stages in the process, especially if their chosen individual cannot be available for a scheduled meeting, interview, or hearing. The College will work to reasonably accommodate the advisors’ schedules, but will not unnecessarily delay the process due to the advisors’ conflicts.
- The College may remove an advisor if they unreasonably delay the process, or their presence is disruptive, obstructive, or otherwise interferes with the College’s handling of the matter. In such a case, the College will notify the Complainant or Respondent, who may seek another advisor.
- College policy prohibits retaliation against any individuals for filing a complaint or participating in the investigation of the complaint. An advisor is also protected by and subject to this retaliation prohibition. This means an advisor may not retaliate against any person participating in this process, nor may anyone retaliate against an advisor.
- The College will provide any party who does not have an advisor present to assist with cross-examination during the hearing with a College appointed advisor for the duration of that hearing, the selection of which is in the College’s sole discretion.
c. Formal Resolution Process
Investigators
Formal complaints of alleged sexual harassment will be investigated by an Investigator or team of Investigator(s) assigned by the Title IX Coordinator**. The Investigator(s) may be internal or external to the College. If, prior to the initiation of the investigation, either the complainant or the respondent alleges that an Investigator(s) has a conflict of interest, after hearing from the party on the topic, the Title IX Coordinator** will decide whether to excuse Hawkeye Community College – Sexual Harassment Policy (revised August 2020)) Page 13 the Investigator and announce the decision in writing to both parties. If the Title IX Coordinator** determines that the Investigator should be excused, or if an Investigator is unavailable to conduct the investigation, the Title IX Coordinator** will appoint a replacement Investigator.
Notice of Investigation
Upon receipt of a formal complaint of sexual harassment, the Title IX Coordinator** will prepare a notice of complaint to be provided simultaneously in writing to the parties which identifies:
The written notice of investigation shall notify the parties that making false statements or knowingly submitting false information during the resolution process is prohibited by the College and may constitute an independent basis for disciplinary sanctions, up to and including suspension or expulsion of a student or termination of an employee’s employment.
The notice shall be provided prior to the initial interview of any party, and within a sufficient amount of time to prepare. Parties will be also be provided advance notice in writing of the date, time, location, participants, and purpose of any interview, hearing, or meeting in the investigation and resolution process.
If, during the course of investigation, the College determines that additional allegations will be investigated as part of the pending complaint, the Title IX Coordinator** or designee will provide written notice of the additional allegations to any identified Complainant(s) or Respondent(s).
- The respondent;
- The complainant;
- The date(s), time, and location of the alleged sexual harassment;
- A description of the allegation;
- The specific provisions of this Policy that were allegedly violated;
- The investigatory process that will follow;
- Respondent’s entitlement to a presumption of innocence;
- The parties’ rights to have an advisor of their choice at the party’s expense, who may be an attorney; and
- The parties’ rights to review and comment on investigative evidence.
Investigation Process
The burden of proof and the burden of gathering sufficient evidence to reach a determination of responsibility rests with the College and not with the parties. During the investigation, both the Complainant and Respondent:
- Will be asked to present their version of events to the Investigator(s) and to Hawkeye Community College – Sexual Harassment Policy (revised August 2020)) Page 14 provide any supporting evidence.
- Will have the same opportunities to have others present for interviews, which includes the opportunity to be accompanied to interviews by a silent advisor of their choice. The silent advisor will not be allowed to provide information to the Investigator(s) or ask questions of the party during the interview process.
- Will be allowed to identify witnesses, including expert witnesses, all of whom will be interviewed by the Investigator(s) absent a compelling reason why such an interview cannot take place. If the Investigator(s) determines that an identified witness cannot or should not be interviewed, both parties will be informed in writing of this decision.
- Will be notified of the witnesses identified by the other party and be given an opportunity to comment on those witnesses and identify rebuttal witnesses.
Interviews
The order of the interviews will be determined by the investigator(s) based on the circumstances of each complaint.
Neither party will be restricted in their ability to discuss the allegations or to gather and present relevant evidence; provided, however, that such communications shall not constitute harassment of or retaliation against any party or witness.
In the event Complainant or Respondent request reasonable accommodations during the investigation process due to a disability, the investigator(s) will consult with the Title IX Coordinator.**
All investigations will be conducted as discretely as is practicable. Witness interviews might be audio recorded, and if so, all such recordings shall at all times remain the property of the College.
Review of Investigatory Evidence and Report
Complainant and Respondent and, unless directed otherwise by the respective parties, their advisor, will be provided the opportunity to inspect all evidence directly related to the allegations of the formal complaint, including both inculpatory and exculpatory evidence, and evidence that the College does not intend to rely on in reaching a determination. The College may require both parties and their advisors to enter into a written agreement prohibiting the use or dissemination of evidence for any purpose other than those directly related to the parties’ participation in resolution process.
Complainant and Respondent will be given at least ten days to inspect and review the evidence collected during the College’s investigation and to submit a written response the Investigator(s) will consider in preparing a final investigation report.
The final investigation report will summarize the information and include any documents gathered. The investigative report will not include determination of responsibility for the Hawkeye Community College – Sexual Harassment Policy (revised August 2020)) Page 15 complaint itself. Complainant and Respondent will be given at least an additional ten days after receiving a copy of the investigation report to respond to it, in writing. In their written response to the investigation report, Complainant and Respondent may provide written comments regarding the relevance of the evidence included in or excluded from the investigation report, provide factual or other corrections to the report, and otherwise provide context for the report.
The final investigation report will be distributed, concurrently, to both of the parties and the Title IX Coordinator** at least ten (10) calendar days prior to a hearing to determine responsibility.
Live Hearing and Cross-Examination
For purposes of adjudication of formal complaints of sexual harassment under the Policy and Procedures’ scope, regardless of the identity of the parties involved, the College will conduct a live hearing prior to the issuance of a written decision report in accordance with the procedures below:
1. Appointment of Decision-Maker(s)
The College shall appoint one or more Decision-Maker(s) who are either internal or external to the College, but have been trained on the matters set forth in the Policy and procedures.
If there is more than one Decision-Maker, one of the Decision-Makers shall be designated to serve as Chair during the hearing. The Chair may be designated as a “non-voting” member of the Decision-Maker panel, meaning the Chair only conducts the hearing and assists the other Decision-Makers, but does not vote on responsibility. The Chair will preside over the hearing and determine whether information or questions of parties is relevant.
All procedural questions, including the decision to accept evidence and/or statements, will be made by the sole Decision-Maker or Chair, in their sole discretion.
2. Notice of Hearing
No less than ten (10) calendar days before the hearing, the Title IX Coordinator** will prepare and send the parties a written notice of the time and date of the hearing, as well as the identities of the Decision-Maker(s).
Within five (5) calendar days either the Complainant or Respondent may request, in writing to the Title IX Coordinator**, that the Decision-Maker(s) be recused because of an identified conflict of interest. The Title IX Coordinator** will hear from the party and determine if a conflict exists, and notify the parties in writing of the Coordinator**’s decision. If the Title IX Coordinator** finds a conflict of interest, a replacement Decision-Maker will be appointed.
If a party requests or at the College’s discretion, the entire hearing will be conducted with the parties in separate rooms with technology enabling the Decision-Maker(s) and parties to simultaneously see and hear the witness answering questions.
3. Notice of Witnesses
At least five (5) calendar days before the hearing, the Decision-Maker(s) will notify the parties in advance which witnesses (including Complainant or Respondent) they would like to be present at the hearing. The Decision-Maker(s) or designee will notify these witnesses of the hearing date and time and that their presence has been requested. Any witness called by the Decision-Maker(s) will also be expected to answer questions from the parties.
- When notifying the parties of these witnesses, the Decision-Maker(s) will also request the parties identify any additional witnesses they wish to have present at the hearing for cross-examination.
- The Decision-Maker(s) or designee will notify relevant witnesses of the hearing date and time and that their presence has been requested by the party for cross-examination. However, the College does not have “subpoena power” and cannot compel parties and witnesses to appear.
4. Proceedings
- The hearing is closed to the general public. The parties and their advisor will be allowed to attend the entire portion of the hearing at which information is received (excluding deliberations). Admission of any other person to the hearing will be at the discretion of the Decision-Maker(s).
- There shall be no formal pleadings, legal memorandum, or motions filed in the hearing process.
- The Decision-Maker(s) will advise the parties if opening statement or closing statements are permissible.
- The College will record and/or create a transcript of all live hearings and will make that recording and/or transcript available to all parties for inspection or review.
- The College will make all evidence subject to inspection by all parties available at any hearing and will give each party equal opportunity to refer to that evidence at the hearing, including as part of cross-examination.
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Presentation of Evidence:
The College will not allow Decision-Maker(s) to rely on any statements made by a party or witness in reaching his or her determination if that party or witness does not submit to crossexamination during a live hearing.
The Decision-Maker(s) will not draw an inference about responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions, nor give deference to the investigation report.
- The hearing is not a second investigation of the allegations. In the hearing, the parties will be asked if they have any additional evidence they wish the DecisionMaker(s) consider, and if the parties wish to comment on the investigation report and evidence. Any new evidence presented by a party, if admitted as relevant, will be provided to the other party to review and provide comment;
- Parties will be allowed, through their advisors, to cross-examine all other parties and any witnesses, including fact and expert witnesses, and to ask all relevant questions and follow-up questions including those challenging party or witness credibility, directly, orally and in-real time. Any party without an advisor will be appointed an advisor by the College, with selection of the advisor being at the sole discretion of the College;
- Only relevant questions may be asked of a party or witness. Before a party or witness answers a question, the Decision-Maker(s) will exclude any irrelevant question, with a brief explanation to explain the basis for finding the question irrelevant. Questions about prior sexual history will generally be deemed irrelevant with limited exceptions.
- The Decision-Maker(s) may ask questions, at any time, of the parties and of the witnesses.
Standard of Proof
The determination of whether or not sexual harassment occurred will be made on the basis of whether it is more likely than not that the Respondent violated the Policy. This standard is more formally referred to as the “preponderance of evidence” standard. In making its determination, the Decision-Maker(s) will carefully consider all of the evidence presented and follow the procedures stated in the Policy and any other applicable policies, procedures, rules, or handbook provisions in order to ensure as fair a hearing as possible for all parties.
Written Decisions
The College Decision-Maker(s) will independently evaluate the evidence gathered. Written decisions will be provided simultaneously to the parties and include the following information:
Decisions, including the imposition of any sanctions, will become final upon written notification to the parties of the outcome of an appeal or, if there is no appeal, the date on which an appeal would no longer be considered timely.
The Title IX Coordinator** will be responsible for coordinating the effective implementation of remedies, as well as any non-punitive or non-disciplinary supportive measures imposed.
- allegations of sexual harassment,
- procedural history (including specifics about notifications of hearings, meetings and interviews, methods used to gather evidence and hearings held),
- findings of fact supporting the decision,
- conclusions regarding application of policy to the facts,
- rationale for the decision/finding of responsibility as it applies to each allegation,
- disciplinary sanctions imposed on respondent, if any,
- whether (but not the nature of) remedies designed to restore/preserve equal access to any or all education programs or activities that will be provided to the Complainant, and
- procedure and permissible bases for appeal.
Sanctions
College sanctions may be imposed upon those determined to have violated this Policy. For students, sanctions include verbal reprimands, written warnings, probation, loss of privileges, fines, restitution, educational or work assignments, suspension, expulsion, revocation of admission, withholding a degree, or removal from courses.
For employees, sanctions could range from warning, reprimand, suspension with or without pay, suspension for part of a day or for a period of one (1) or more days, demotion, or termination of employment, and may include such other forms of disciplinary action as appropriate under applicable College procedures. If a final decision imposes disciplinary action which constitutes termination of college personnel entitled to the hearing/judicial review procedures of Iowa Code chapter 279, such procedures shall be followed as required by law.
A final decision may also include supportive/protective measures, including mutual nocontact orders or changes in arrangement to academic or working situations. The College will take steps to prevent recurrence of any sex discrimination/harassment and correct the effects of the discrimination, as appropriate.
Appeals
The written decision of the Decision-Maker(s) shall be subject to appeal by both Complainant and Respondent. All parties have an equal right to appeal any final decision on the following bases so long as the bases of the appeal is significant enough to be reasonably expected to affect the outcome of the decision:
- A procedural irregularity within the investigation or adjudication process;
- New evidence not reasonably available when determination of responsibility was made;
- A conflict of interest or the bias of the Title IX Coordinator**, investigator or a decisionmaker.
The College will notify all parties upon receipt of an appeal by any party alleging one of the bases for appeal above. Both parties will be given an opportunity to submit a written statement in support of, or challenging, the written determination. Written statements must be submitted to within five (5) business days.
The Appeal Decision-Maker(s) will determine if the decision and/or sanctions imposed will be stayed pending the outcome of the appellate decision. Except as required to explain the basis of new information, an appeal will be limited to a review of the verbatim record of the hearing and supporting documents.
The Appeal Decision-Maker(s) may affirm, reverse, or modify the decision regarding the violation and/or sanctions imposed. A written decision will be issued simultaneously to the parties describing the result of the appeal and the rationale therefor. The written appeal decision is the final decision of the College, and no further appeals are permitted under the Policy or these procedures.