Title IX Sexual Harassment Grievance Procedure and Complaint Form for Students & Employees

Step 1 – Filing a Complaint

Any person may report sex discrimination, including sexual harassment, in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time, including during non-business hours, by using the telephone number or e-mail address, or by mail to the office address, listed for the Title IX Coordinator.

Individuals are encouraged to file complaints through the Sexual Harassment Complaint Form online through the South Suburban College website. All complaints must be signed and dated by the reporting individual. The signed Complaint Form may be submitted in person, by email or by mailing to the address listed above to the Title IX Coordinator.

The Title IX Coordinator shall contact the Complainant promptly to offer supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. Supportive measures are individualized services reasonably available that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.

If the allegations in a formal complaint do not meet the definition of sexual harassment or did not occur in the school’s education program or activity against a person in the United States, South Suburban College must dismiss such allegations for purposes of Title IX. However, the complaints may be referred for consideration under the Student Code of Conduct or employee grievance procedure.
The Title IX Coordinator shall notify the Respondent of the complaint promptly and provide written notification of the allegations to both parties that includes the steps of the complaint process.

Step 2 – Investigation Process

Upon notification, the College will conduct a thorough investigation within a reasonable amount of time in relation to the Formal Complaint. The investigatory time period may be extended by the Title IX Coordinator for justifiable reasons or by mutual consent of all involved parties. The Complainant and the Respondent shall be informed in writing of any time extensions.

Throughout the investigation, the parties shall have the following rights:

• equal opportunity to present fact and expert witnesses and other inculpatory and exculpatory evidence.
• no restrictions related to discussing the allegations or gather evidence (e.g., no “gag orders”).
• equal opportunity to select an advisor of the party’s choice who may be, but need not be, an attorney.
• written notice of any investigative interviews, meetings, or hearings.
• to receive all evidence directly related to the allegations, in electronic format or hard copy, sent to both parties and advisors, with at least 10 days for the parties to inspect, review, and respond to the evidence.
• to receive all investigative reports, sent to both parties and advisors, that fairly summarizes relevant evidence, in electronic format or hard copy, with at least 10 days for the parties to respond.
• dismissal of allegations of conduct that do not satisfy the definition of sexual harassment or did not occur in a school’s education program or activity against a person in the U.S. Such dismissal is only for Title IX purposes and does not preclude the school from addressing the conduct in any manner the College deems appropriate.
• Petition to withdraw the complaint, in writing (Complainant only) to the Title IX Coordinator stating that the Complainant desires to withdraw the formal complaint or allegations therein. If the Respondent is no longer enrolled or employed by the school, or if specific circumstances prevent the school from gathering sufficient evidence to reach a determination, the school shall so advise the parties.
• Written notice of a dismissal (mandatory or discretionary) and the reasons for the dismissal (both parties).
• Protection of the privacy of a party’s medical, psychological, and similar treatment records unless the College obtains the party’s voluntary, written consent to do so.

The investigation process includes collection of documents, witness statements, and other provided evidence from the Complainant and Respondent.

Step 3 – Live Hearing with Cross Examination

The College Title IX grievance process provides for a live hearing. At the live hearing, the decision-maker permits each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Any cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. At the request of either party, the entire live hearing (including cross-examination) may occur with the parties located in separate rooms with technology enabling the parties to see and hear each other. Only relevant cross-examination and other questions may be asked of a party or witness and the decision maker shall determine the relevance of each question prior to an answer being given. If a party does not have an advisor present at the live hearing, the College will provide, without fee or charge to that party, an advisor of the College’s choice to conduct cross-examination on behalf of that party. Live hearings may be conducted with all parties physically present in the same geographic location or, at the College’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually. An audio or audiovisual recording, or transcript, of any live hearing is mandated under Title IX.

The live hearing process and Title IX provides rape shield protections for Complainants deeming irrelevant questions and evidence about a Complainant’s prior sexual behavior unless offered to prove that someone other than the Respondent committed the alleged misconduct or offered to prove consent.

Step 4 – Written Findings

Upon completion of the hearing, the Decision Maker shall issue a written determination regarding responsibility with findings of fact, conclusions about whether the alleged conduct occurred, rationale for the result as to each allegation, any disciplinary sanctions imposed on the respondent, and whether remedies will be provided to the complainant. The written determination will be sent simultaneously to the parties along with information about how to file an appeal. All final determinations made by the Decision Maker will utilize the preponderance of the evidence standard.

Step 5 – Right to Appeal

The Complainant or the Respondent may appeal the determination regarding responsibility, and from the College’s dismissal of a formal complaint or any allegations on the following basis: procedural irregularity that affected the outcome of the matter, newly discovered evidence that could affect the outcome of the matter, and/or Title IX personnel had a conflict of interest or bias, that affected the outcome of the matter. The appeal must be submitted in writing addressed to the Title IX Coordinator that the College President, or his or her designee, review the matter on appeal. The written request must be made within ten (10) days of the Step 4 Decision Maker Written Findings. If no Step 5 written request to appeal is received within the ten (10) days, the College will deem the investigation and case concluded and shall implement any recommendations or corrective actions.