Student Handbook 2022

Contents
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Complaints

1. Making a Complaint

  1. Employees
    • All College employees have a duty to report sex discrimination and sexual harassment to the Title IX Coordinator.
  2. Students and Other Persons
    • Students who wish to report sex discrimination or sexual harassment should file a complaint with the Title IX Coordinator or Dr. Michael Ward. Students and other persons may also file a complaint with the United States Department of Education’s Office for Civil Rights, as set forth in Section III.
  3. Content of the Complaint
    • So that the College has sufficient information to investigate a complaint, the complaint should include: (1) the date(s) and time(s) of the alleged conduct; (2) the names of all person(s) involved in the alleged conduct, including possible witnesses; (3) all details outlining what happened; and (4) contact information for the complainant so that the College may follow up appropriately.
    • A complainant will be given a copy of the document titled “Explanation of Rights and Options After Filing a Complaint Under the Title IX: Non-Discrimination and Anti-Harassment Policy.”
  4. Conduct that Constitutes a Crime
    • Any person who wishes to make a complaint of sex discrimination or sexual harassment that also constitutes a crime—including sexual violence/assault, domestic violence, dating violence, or stalking—is encouraged to make a complaint to local law enforcement. If requested, the College will assist the complainant in notifying the appropriate law enforcement authorities. In the event of an emergency, please contact 911. A victim may decline to notify such authorities.
  5. Special Guidance Concerning Complaints of Sexual Violence/Assault, Domestic Violence, Dating Violence, or Stalking
    • If you are the victim of sexual violence/assault, domestic violence, dating violence, or stalking, do not blame yourself. These crimes are never the victim’s fault. When physical violence of a sexual nature has been perpetrated against you, the College recommends that you immediately go to the emergency room of a local hospital and contact local law enforcement, in addition to making a prompt complaint under this policy.
    • If you are the victim of sexual violence/assault, domestic violence, or dating violence, do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order. Victims of sexual violence/assault, domestic violence, or dating violence should not bathe, urinate, douche, brush teeth, or drink liquids until after they are examined and, if necessary, a rape examination is completed. Clothes should not be changed. When necessary, seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination.
    • It is also important to take steps to preserve evidence in cases of stalking, to the extent such evidence exists. In cases of stalking, evidence is more likely to be in the form of letters, emails, text messages, etc. rather than evidence of physical contact and violence.
    • Once a complaint of sexual violence/assault, domestic violence, dating violence, or stalking is made, the complainant has several options such as, but not limited to:
      • contacting parents or a relative
      • seeking legal advice
      • seeking personal counseling (always recommended)
      • pursuing legal action against the perpetrator
      • pursing disciplinary action
      • requesting that no further action be taken
  6. Vendors, Contractors, and Third-Parties
    • This policy applies to the conduct of vendors, contractors, and third parties. Persons who believe they have been discriminated against or harassed in violation of this policy should make a complaint in the manner set forth in this section.
  7. Retaliation
    • It is a violation of this policy to retaliate against any member of the College Community who reports or assists in making a complaint of discrimination or harassment or who participates in the investigation of a complaint in any way. Persons who believe they have been retaliated against in violation of this policy should make a complaint in the manner set forth in this section.
  8. Protecting the Complainant
    • Pending final outcome of an investigation in accordance with the Complaint Resolution Procedures, the College will take steps to protect the complainant from further discrimination or harassment. This may include assisting and allowing the complainant to change his or her academic, transportation, work, or living situation if options to do so are reasonably available. Such changes may be available regardless of whether the victim chooses to report the crime to campus police or local law enforcement.
    • If a complainant has obtained a temporary restraining order or other no contact order against the alleged perpetrator from a criminal, civil, or tribal court, the complainant should provide such information to the Title IX Coordinator. The College will take all reasonable and legal action to implement the order.

2. Timing of Complaints

The College encourages persons to make complaints of sex discrimination and sexual harassment as soon as possible because late reporting may limit the College’s ability to investigate and respond to the conduct complained of.

3. Investigation and Confidentiality

All complaints of sex discrimination and sexual harassment will be promptly and thoroughly investigated in accordance with the Complaint Resolution Procedures in this policy, and the College will take disciplinary action where appropriate. The College will make reasonable and appropriate efforts to preserve an individual’s privacy and protect the confidentiality of information when investigating and resolving a complaint. However, because of laws relating to reporting and other state and federal laws, the College cannot guarantee confidentiality to those who make complaints.

In the event a complainant requests confidentiality or asks that a complaint not be investigated, the College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that his or her name not be disclosed to the alleged perpetrator, the College’s ability to respond may be limited. The College reserves the right to initiate an investigation despite a complainant’s request for confidentiality in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College Community.

4. Resolution

If a complaint of sex discrimination or sexual harassment is found to be substantiated, the College will take appropriate corrective and remedial action. Students, faculty, and employees found to be in violation of this policy will be subject to discipline up to and including written reprimand, suspension, demotion, termination, or expulsion. Affiliates and program participants may be removed from College programs and/or prevented from returning to campus. Remedial steps may also include counseling for the complainant, academic, transportation, work, or living accommodations for the complainant, separation of the parties, and training for the respondent and other persons.

5. Bad Faith Complaints

While the College encourages all good faith complaints of sex discrimination and sexual harassment, the College has the responsibility to balance the rights of all parties. Therefore, if the College’s investigation reveals that a complaint was knowingly false, the complaint will be dismissed and the person who filed the knowingly false complaint may be subject to discipline.