Sexual Misconduct Policy, Section V: Formal Complaint, Formal Resolution, and Appeal

A. Formal Complaint

Disciplinary action against a Respondent may only be taken after a formal complaint and grievance process. A formal complaint means a written request for investigation and formal resolution, listing the alleged misconduct to be investigated.

Specific procedures apply when the conduct, as alleged in the formal complaint, falls under the federal Title IX definition of sexual harassment. The specific procedures for a federal Title IX formal complaint include formal investigation and a Live Hearing. These procedures and apply whether the Respondent is a student, staff, for faculty member.

B. Formal Resolution

Where the conduct, as alleged in the formal complaint, would violate this policy but not the federal Title IX definition of sexual harassment, specific procedures for Formal Resolution will vary based upon the role of the Respondent, because the relationship of students, staff, and faculty to the College differ in nature. Each of the procedures, however, is guided by the same principles of fundamental fairness and respect for all parties: notice of alleged misconduct, an equitable opportunity to be heard, and an equitable opportunity to respond to information gathered under this policy. The disciplinary procedures are as follows:

• For a complaint against a student, disciplinary action may be taken by the Assistant Dean of Student Rights and Responsibilities or their designee following a finding of responsibility based on the evidence gathered in an investigation. The Assistant Dean of Student Rights and Responsibilities shall have the discretion to convene a properly trained hearing panel to make a finding of responsibility, or to offer alternative resolution options with the voluntary informed consent of both/all parties.
• For a complaint against a staff member, disciplinary action may be taken at the conclusion of the investigation by the Associate Vice President and Director of Human Resources, in consultation with the Dean or Vice President overseeing the division where the employee works. The AVP and Director of Human Resources shall have the discretion to appoint a hearing panel comprised of staff and/or faculty.
• For a complaint against a faculty member, disciplinary action may be taken at the conclusion of the investigation by the Dean of the school where the faculty member works pursuant to the Procedures outlined in the Faculty Handbook, and in consultation with the Associate Vice President and Director of Human Resources.

C. Appeals

The route for appealing a decision depends on the disciplinary procedure applied. As described above, this is based on the difference in relationships to the College of staff, faculty, and students.

When the Respondent is a student:

• Appeals of cases involving a complaint against a student are handled as outlined in the Student Code of Conduct, section XIX. Appeals.

When the Respondent is a staff member:

• Employees who disagree with a decision may appeal using the employee grievance procedures available to them.
• Students who disagree with a decision may appeal the decision in writing to the AVP and Director of Human Resources.
• Any appeal shall be filed in writing no later than 5:00 pm. on the fifth day following the delivery of written notice of the decision to the student and shall include all arguments and materials to be considered.

When the Respondent is a faculty member:

• Faculty who disagree with a decision may appeal using the faculty grievance procedures available to them.
• Students who disagree with a decision about a faculty Respondent may appeal the decision in writing to the Dean of the appropriate school.
• Any appeal shall be filed in writing no later than 5:00 pm. on the fifth day following the delivery of written notice of the decision to the student and shall include all arguments and materials to be considered.