Title IX Sexual Harassment Policy and Complaint Process 

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  1. Title IX Sexual Harassment Policy Introduction
  2. Title IX Sexual Harassment Policy
  3. Sexual Harassment Complaints Against a Student – Complaint Process
  4. Student Sexual Harassment Complaints Against an Employee – Complaint Process
  5. General Provisions for Sexual Harassment Complaints

I. Title IX Sexual Harassment Policy Introduction

The Title IX Sexual Harassment Policy applies to any student; student organization; employee; individual seeking employment or admissions; or individual participating in or attempting to participate in the educational programs or activities of the College. Northeast Alabama Community College is committed to providing a workplace and campus community free of sexual misconduct and harassment. As required by Title IX of the Education Amendments of 1972, the College does not discriminate on the basis of sex in its education programs and activities. This includes discrimination affecting employees of the College and applicants for employment; students and applicants for admission; or members of the public. All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others, whether on College premises or at any College-owned off campus location and while participating in an educational program or activity of the College.

Sexual harassment, which includes sexual misconduct and sexual assault, is a form of sex discrimination which is prohibited under Title IX of the Education Amendments of 1972 and the Violence Against Women Act. This policy is intended to reaffirm the College’s commitment to address sexual harassment and take steps to prevent its reoccurrence and preserve or restore equal access to the College’s education programs and activities. Dating violence, domestic violence, and stalking may also be considered forms of sexual discrimination. Due to the seriousness of these offenses, the College has adopted specific policies and procedures, outlined in the student and employee handbooks, both published on the College website, to address alleged instances of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence, and stalking. The College believes that no person should bear the effects of sexual harassment alone. When such conduct occurs, the College’s paramount concern is for the safety and well-being of those impacted. To support and assist students and employees, the College has partnerships with local advocacy organizations who can provide counseling and assistance.

Under Title IX, individuals reporting allegations related to sexual harassment and/or sexual violence, have the right to

  • a resolution of their complaint;
  • have the College conduct a prompt, thorough, and impartial investigation; and
  • receive supportive measures to ensure the safety and wellbeing of the individuals involved and the College community.

When allegations of sexual harassment and/or violence in any form are brought to the attention of the Title IX Coordinator, and if a responding party is found to have violated this policy, serious sanctions will be used to prevent its reoccurrence. Northeast Alabama Community College does not tolerate or condone retaliation. Individuals wishing to report sexual harassment and/or sexual violence and/or to make inquiries concerning the application of Title IX at the College may contact:

Lynde Wheeler, Human Resources Director/Title IX Coordinator
P.O. Box 159
Rainsville, AL 35986
Telephone: 256.228.6001/256.638.4418, ext. 2230
Email: wheelerl@nacc.edu
Office: PA 116

and/or

Assistant Secretary
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 2002-1100
Telephone: 800.421.3481
Fax: 202.453.6012; TDD: 800.877.8339
Email: OCR@ed.gov

Information regarding the Title IX Coordinator and this role is made available to all faculty, staff, students, applicants for admission, and applicants for employment on the College website under the Title IX webpage. (Search Title IX Coordinator)

II. Title IX Sexual Harassment Policy

The U.S. Department of Education’s Office of Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

This policy encourages any student; employee; individual seeking employment or admissions; or individual participating in or attempting to participate in the educational programs or activities of the College who believes that he or she has been the victims of sexual harassment to contact the Title IX Coordinator. Complaints may also be lodged by these parties if they have knowledge of any conduct constituting sexual harassment in an educational program or activity of the College or which occurred on property owned or controlled by the College. Complaints should be reported to the Title IX Coordinator. Title IX sexual harassment complaints are generally investigated by the Dean of Student Services (for complaints against students) and the Senior Personnel Officer (for complaints against employees). However, other investigators may be assigned by the President. Sexual harassment that does not fit the definition under this section may be punishable as a violation of the College’s Code of Conduct or other College policies.

Definitions relating to terms used throughout this policy are defined as follows:

  1. Educational Program/Activity: The educational programs and activities of the College include, but are not limited to, locations, events or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes buildings owned or controlled by a student organization that is officially recognized by the College.
  2. Actual knowledge: The notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or any official of the College who has authority to institute corrective measures on behalf of the College shall be deemed actual knowledge on the part of the College.
  3. Complainant:  An individual who is alleged to be the victim of conduct that could constitute sexual harassment. For the purposes of this procedure, a complainant may be an individual applying for admission or employment; an employee; or a student or an individual otherwise participating in or attempting to participate in the College’s educational programs and activities.
  4. Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
  5. Formal Complaint: A written document filed by the complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. The document must include the names of the complainant(s) and respondent(s), the approximate date(s) of the incident(s), facts of the incident(s), and contact information for the person submitting the complaint. Note: At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an educational program or activity at the College.
  6. Consent: Consent is informed, voluntary, and mutual agreement to sexual activity and can be withdrawn at any time. Consent is not present in situations where there is force – expressed or implied – or when coercion, intimidation, threats, or duress is used. Whether or not a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing, future consent with that person or consent to the same sexual activity with another person.
  7. Incapacitation: An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation includes sleep, unconsciousness, intermittent consciousness, intoxication, or any other state where the individual is unaware that sexual contact is occurring or is otherwise unable to give informed and voluntary consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Example: A person who is taking pain medication and falls asleep under the influence of the medication can be incapacitated and not able to give consent to sexual contact.
  8. Sexual Misconduct: The act of committing sexual abuse, sexual assault, sexual harassment, sexual exploitation, or statutory rape, as defined in this policy or under Alabama State Law. Sexual harassment includes acts of sexual misconduct.
  9. Harassment: The striking, shoving, kicking, or otherwise touching or making physical contact in regards to another for the purpose of harassing, annoying, or alarming; and/or directing abusive or obscene language or making an obscene gesture toward someone for the purpose of harassing, annoying, or alarming. Example: Making or using persistent derogatory comments, epithets, or slurs that place a person in a hostile or fearful environment or where the person’s safety is in jeopardy.

The following actions and behaviors constitute Sexual Harassment as defined in Title IX, 34 C.F.R. §106.30(a):

  1. Unwelcome conduct, on the basis of sex, that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access.
  2. Behavior by employees that constitutes quid pro quo harassment, defined as unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature, when perceived by the recipient that submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational opportunities, or as the basis for employment or academic decisions affecting that individual, or as a condition of any aid, benefit, or service to the individual.
  3. Sexual assault, defined as any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. It is an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting systems of the Federal Bureau of Investigation 20 U.S.C. 1092 (f)(6)(A)(v).
  4. Dating violence, defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined based on a consideration of the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship [34 U.S.C. 12291(1)(10)]. In Alabama, dating violence is covered under Alabama Code Section 13A, Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees.
  5. Domestic violence, defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. This includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or who has cohabitated with the victims as a spouse, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction [34 U.S.C. 12291(1)(8)]. In Alabama, domestic violence includes felony and misdemeanor crimes of violence committed by a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant (Alabama Code Section 13A, Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees).
  6. Stalking, defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress [34 u.s.D. 12291(a)(30)]. In Alabama, stalking is when a person intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm (13A-6-90: Stalking in the First Degree) or a person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person’s immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct (Section 13A-6-91: Stalking in the Second Degree).

III. Sexual Harassment Complaints Against a Student - Complaint Process

A complaint for sexual harassment under Title IX can be lodged against any student by any affected party or by the NACC Title IX Coordinator. If the NACC Title IX Coordinator is not available, the matter may be brought to the attention of any division director, dean, director, supervisor, advisor, Campus Police, or Campus Security Authority. All complaints for sexual harassment or discrimination should be reported to the NACC Title IX Coordinator for prompt and equitable investigation and resolution, but only complaints for Sexual Harassment under Title IX will be subject to the procedures in this section.

  1. Filing an Informal Title IX Sexual Harassment Complaint Against a Student
    1. The complainant shall contact the NACC Title IX Coordinator to lodge an informal, written complaint. The Title IX Coordinator will provide Title IX Sexual Harassment complaints and concerns to the Dean of Student Services (or other appointed administrator), who will conduct an informal review into the matter unless more formal action is deemed necessary by the Title IX Coordinator.
    2. Upon initiation of an informal complaint, the NACC Title IX Coordinator will discuss with the complainant the availability of supportive measures with or without the filing of a formal complaint; will consider the complainant’s wishes regarding supportive and other corrective measures; will explain the process for filing a formal complaint; and will explain the processes for reaching informal resolutions and formal resolutions.
    3. After receiving a complaint, the College shall make every reasonable effort to attain a resolution by working with the complainant and respondent if appropriate under the circumstances. No investigation or imposition of sanctions on the respondent may take place until the filing of a formal complaint.
  2. Filing a Formal Title IX Sexual Harassment Complaint Against a Student
    1. If the complainant does not accept the informal resolution to the complaint or desires to make an immediate formal complaint, he or she may meet with the Title IX Coordinator to file a formal, written complaint. The complainant must provide a written statement that clearly and specifically states the alleged violations, names the person(s) whom the complaint is against, provides the date(s) of the alleged violation, and lists requests for supportive and corrective measures. If the complainant needs assistance in writing a complaint, he or she may also request such assistance from the Title IX Coordinator.
    2. The Title IX Coordinator will immediately notify the NACC President of receipt of the complaint. Any Title IX complaints will be provided to the NACC Dean of Student Services (or other appointed Title IX investigator) within ten (10) business days following the date the formal complaint was filed. All Title IX investigators have received annual investigator training.
    3. Within five (5) business days of receipt of the formal complaint, the Dean of Student Services (or other appointed administrator) will notify both the complainant and the respondent of its receipt and the intent to investigate in order to provide sufficient time for the party to prepare to participate in the investigation. The investigation will commence within ten (10) business days of receipt of the formal complaint by the Dean of Student Services (or other appointed administrator).
      This notice will include the following information about the complaint:
      1. the identities of the parties involved in the incident, if known;
      2. the conduct allegedly constituting sexual harassment under Title IX;
      3. the date(s) and location of the alleged incident, if known;
      4. the supportive measures that may be available to both parties; and
      5. a list of individuals intended to be interviewed, if known.

This notice will describe the College’s policies and procedures for responding to complaints, including the following:

  1. A description of interim supportive measures available to the parties;
  2. A description of the College’s formal complaint and resolution procedures, including time frames;
  3. A description of any optional voluntary informal resolution process, if the College determines that an informal resolution process may be appropriate;
  4. A statement that a determination regarding responsibility is made at the conclusion of the complaint process, and that the College will presume the respondent not responsible for the alleged conduct;
  5. The right of parties to have an advisor of their choice, who may be, but is not required to be, an attorney, and the College’s responsibility to provide an advisor to either party and how the student can request such an advisor;
  6. Any restrictions regarding the extent to which an advisor may participate in proceedings;
  7. The right of both parties to present evidence and witnesses;
  8. The right of parties to inspect and review evidence collected in the investigation, subject to applicable privacy laws;
  9. The College’s use of a “preponderance of the evidence” standard of evidence in Title IX investigations;
  10. A description of the range of remedies and disciplinary sanctions available;
  11. A reminder that dishonesty and providing false information are forbidden by the College’s Code of Conduct and employment policy;
  12. A reminder that intimidation and retaliation against complainants, respondents, and witnesses are forbidden under Title IX and by the College’s Code of Conduct.

 

  1. The NACC Dean of Student Services (or other appointed administrator) shall investigate the complaint by gathering and objectively evaluating all relevant evidence and make a preliminary decision. The investigation will be factual and all applicable statutes, regulations, and/or policies will be researched. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties. The Dean of Student Services (or other appointed administrator) must provide written notice at least five (5) business days in advance of any interviews or meetings to any party expected or invited to attend. Such notice will also be provided to the party’s advisor, if any, and must allow adequate time to prepare. The notice will include the participants, date, place, purpose, and time of the interview or meeting. Either party may identify and present other witnesses, including fact and expert witnesses, with relevant information for interview or other evidence for review by the investigator. Additionally, either party may present other inculpatory (tending to establish fault or guilt) and exculpatory (clearing or tending to clear from alleged fault or guilt) evidence. Credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.

    Prior to the completion of the investigative report, the Dean of Student Services (or other appointed Title IX investigator) will submit all reviewed evidence to the Title IX Coordinator, who will in turn make the evidence available to the complainant, respondent, and their advisors for additional review. The College will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. The parties will have five (5) business days to review the evidence and to respond in writing to the Title IX Coordinator. These responses will be forwarded to the Dean of Student Services (or other appointed Title IX investigator). The College will make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal access opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

    If the Dean of Student Services (or other appointed Title IX investigator) finds that there is no probable cause for the complaint, the Dean of Student Services (or other appointed administrator) shall dismiss the complaint and will provide written notice to the respondent, complainant and the Title IX Coordinator of the dismissal stating the reasons for and right to appeal the dismissal. If there is probable cause to believe that the complaint is well-founded, but that the matter is not Sexual Harassment under Title IX, the Dean of Student Services (or other appointed administrator) will dismiss the formal complaint, treat the matter as a violation of the College’s Code of Conduct, and provide written notice to the respondent, complainant, and the Title IX Coordinator of the dismissal stating the reasons for and right to appeal the dismissal.

    If there is probable cause to believe that the complaint is well-founded and that the matter is under the purview of Title IX, the Dean of Student Services (or other appointed administrator) will compose a written investigative report that lists and summarizes relevant evidence, including supporting documentation and the names of witnesses, submit the written investigative report to the Title IX Investigative Committee (hereafter referred to as the Hearing Decision Makers) and to both parties and their advisors, if any, and the Title IX Coordinator and will notify the parties that the investigative report has been filed with the Hearing Decision Makers. The Hearing Decision Makers are composed of faculty and staff members appointed each fall by the President and have received annual decision maker training.
     
  2. At least ten (10) business days after the receipt of an investigative report from the Dean of Student Services (or other appointed Title IX investigator), the Primary Decision Makers (chair of the Disciplinary Committee) shall convene a live hearing and shall give the parties; their advisors, if any; the Title IX Coordinator; the Title IX investigator; and witnesses reasonable notice of the date, time, and place of the hearing, together with a copy of the written complaint. The live hearing date must provide the complainant, respondent, and their respective advisors with no less than ten (10) business days to review the final investigative report and all supporting evidence. The Primary Decision Maker will also request a listing of proposed questions from the parties involved prior to the hearing.

    The hearing shall be live and attended by the Hearing Decision Makers; the complainant and respondent; and their advisors, if any, in person or via teleconference. The Title IX Coordinator and Title IX investigator will attend the hearing in an advisory capacity. The Title IX investigator, Title IX Coordinator, complainant, respondent, and witnesses will be called to provide testimony if requested by the Hearing Decision Makers, parties, or their respective advisors. All parties must be able to see and hear the party or witness answering questions in real time. The hearing shall be recorded by either a court reporter or on audio, video, or other electronic recording medium. Additionally, all items offered into evidence by the parties, whether admitted into evidence or not, shall be marked and preserved as part of the hearing record.

    If the complainant or respondent do not have an advisor present at the live hearing, the College shall provide, without fee or charge to that party, an advisor of the College’s choice, who may be, but is not required to be an attorney. Neither party may dismiss a College-appointed advisor.

    Each party and advisor will have the opportunity to present evidence and to present witnesses, if any such witnesses are willing participants in the proceedings. The Hearing Decision Makers and advisors will have the opportunity to cross examine the complainant, respondent, and any witnesses. No witness shall be required to participate in the proceedings. Before any party or witness is required to answer a question under cross-examination, the Primary Decision Maker must determine whether the question is relevant and must explain on the record the basis for excluding any question. Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are deemed not relevant and will not be permitted. Only the Hearing Decision Makers and advisors, whether selected or appointed, are allowed to conduct cross-examination. Complainants and respondents cannot conduct cross-examination.

The hearing process, overseen by the Primary Decision Maker, will consist of the following:

  1. An opening statement;
  2. A review of hearing procedures, the formal complaint, and the notice of allegations;
  3. A review of potential hearing outcomes and recommended sanctions;
  4. The complainant(s) testimony;
  5. Cross-examination of the complainant by the respondent’s advisor;
  6. Testimony of complainant witnesses;
  7. Cross-examination of complainant witnesses by respondent’s advisor;
  8. The respondent(s) testimony;
  9. Cross-examination of the respondent by the complainant’s advisor;
  10. Testimony of respondent witnesses;
  11. Cross-examination of the respondent witnesses by complainant’s advisor;
  12. Decision Maker questions;
  13. A review of the appeal process;
  14. Closing statement by the Primary Decision Maker;
  15. Dismissal of the parties; and
  16. Decision Maker deliberations.

At the hearing, the Primary Decision Maker shall read the hearing procedures, notice of allegations, formal complaint, potential hearing outcomes, and potential sanctions. After the Primary Decision Maker concludes opening statements, the complainant shall have the opportunity to present such oral testimony and offer such other supporting evidence as deemed relevant to the formal complaint. Subsequent to the complainant testimony, the respondent’s advisor may conduct cross-examination. The Decision Maker(s) may question the complainant after the cross-examination.

The complainant may call witnesses to provide testimony as deemed appropriate to the formal complaint. The respondent’s advisor may conduct cross-examination of the witnesses. The Decision Maker(s) may question the witnesses after the cross-examination.

The respondent shall then be given the opportunity to present such testimony and offer such other evidence as deemed relevant to the respondent defense against the formal complaint. Subsequent to the respondent testimony, the complainant advisor may conduct cross-examination. The Decision Maker(s) may question the respondent after the cross-examination.

The respondent may call witnesses to provide testimony as deemed appropriate to the formal complaint. The complainant advisor may conduct cross-examination of the witnesses. The Decision Maker(s) may question the witnesses after the cross-examination.

Only relevant cross-examination or other questions may be asked of a party or witnesses. During cross-examination, the advisor will pose each question orally to the Hearing Decision Maker(s). The Primary Decision Maker will determine if the complainant, respondent, or witnesses may respond to the question. If the Primary Decision Maker determines that the question is not relevant, he or she will explain the rationale for dismissing the question. Rape shield protection is provided for complainants. Therefore, questions and evidence about a complainant’s behavior are considered irrelevant unless offered to prove that someone other than the respondent committed the alleged misconduct or concern specific incidents of a complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

The Hearing Decision Makers cannot draw an inference about the determination regarding responsibility based solely on a party or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. 

Upon conclusion of the presentation of the evidence and cross-examination, the Primary Decision Maker will read the appeal process and closing statements. The complainant, respondent, their respective advisors, Title IX investigator, Title IX Coordinator and all witnesses shall be dismissed.

The Hearing Decision Makers will deliberate to determine if the respondent is deemed responsible and submit a written hearing report which contains the following:

  1. Identification of the allegations potentially constituting sexual harassment;
  2. A description of the procedural steps taken from the receipt of the formal complaint through determination, including any notifications to the parties; interviews with parties and witnesses; site visits; methods used to gather other evidence; and hearings held;
  3. Findings of fact supporting the determination;
  4. Conclusions regarding the application of the College’s Code of Conduct to the facts;
  5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any recommended disciplinary sanctions the College may impose on the respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be recommended by the Hearing Decision Makers to the President; and
  6. The College’s procedures and permissible bases for the complainant and respondent appeal.

The Title IX Coordinator and Title IX investigator will attend the hearing in an advisory capacity.

  1. Within ten (10) business days after the hearing, the Hearing Decision Makers, by majority vote, shall issue a written determination of responsibility simultaneously to the complainant, respondent, any advisor to either party, the President, the Dean of Student Services (or other appointed Title IX investigator), and the Title IX Coordinator. If the Hearing Decision Makers finds that the complaint is supported by the facts, it will decide in favor of the complainant and will recommend appropriate sanctions in its written findings.
     
  2. The President will determine if such sanctions will be imposed based on the written report and recommendations of the Hearing Decision Makers and will issue written notice simultaneously to the respondent, complainant, any advisor to either party, the Dean of Student Services (or other appointed Title IX investigator), and the Title IX Coordinator of the determination within ten (10) business days of receipt of the Hearing Decision Makers’ recommendations. This notification will also include the appeal procedure.
  3. Appeals of a determination regarding responsibility and from the College’s dismissal of a formal complaint or any allegations therein are available to both parties on the following grounds:
    1. Procedural irregularity that affected the outcome of the matter;
    2. New evidence that was not reasonably available at the time the decision regarding responsibility or dismissal was made which could affect the outcome; and/or
    3. The Title IX Coordinator, Investigator, or a Hearing Decision Maker had a conflict of interest or bias that affected the outcome.

Based on these reasons, the complainant and/or respondent may file a written appeal with the Title IX Coordinator specifically stating the objections to the decision within five (5) business days after receipt of the notice of responsibility and sanctions from the President. Copies of the appeal must be provided by the Title IX Coordinator to the other party, any advisor to either party, the Title IX Investigator, the Primary Decision Maker, and the President.

The Title IX Appeals Committee will be the appeal authority in upholding, rejecting, or modifying the recommendations of the Hearing Decision Makers and President. The Title IX Appeals Committee shall not be bound in any manner by the recommendation(s) of the Hearing Decision Makers or President, but shall take it (them) into consideration in rendering a decision. The Title IX Appeals Committee is made up of college administrators appointed by the President who receive annual training. The Appeals Committee will review the appeal solely on the following grounds, and none other: 

  1. to determine if there was substantial evidence to support the decision;
  2. to determine if the student had a fair and impartial hearing;
  3. to determine if there is new evidence which would affect either the guilt or innocence of the student or the degree of sanctions; and
  4. to determine if procedural irregularities affected the outcome.

Regarding appeals, the College will ensure the following:

  1. The other party is notified in writing when an appeal is filed and implement appeal procedures equally for both parties;
  2. The Appeals Committee members do not also serve on the Hearing Decision Maker panel and are not the Title IX Coordinator or Title IX Investigator;
  3. The Appeals Committee members comply with the standards set for in 34 C.F.R. § 106.45(b)(iii);
  4. Both parties are given a reasonable, equal opportunity to submit a written statement in support of or in challenge to the outcome;
  5. A written decision describing the results of the appeal and the rationale for the result is issued to the President within 30 calendar days of the initiation of the appeals process. The time for decisions may be extended for exigent circumstances or as may be otherwise agreed to by both parties.​​​​​​​

If the complainant is an employee of the College, the individual may also file a claim with the Equal Employment Opportunity Commission within 180 calendar days of the alleged discriminatory act.

The findings of the Title IX Appeals Committee are presented to the President, who will issue simultaneous notification of the Committee’s determination to the respondent, complainant, any advisor to either party, Title IX Coordinator, Title IX investigator, and Primary Decision Maker.

  1. If, after exhausting all available institutional processes, a complaint remains unresolved, the complainant or the respondent may appeal to the Alabama Community College System (ACCS) using the System’s official Student Complaint Form, which is available on the ACCS website (www.accs.cc). The form should be completed by printing the form, signing it, and then either (1) scanning it and e-mailing it to complaints@accs.edu or (2) mailing it to:

    Alabama Community College System
    Attention: Division of Academic and Student Affairs
    P.O. Box 302130
    Montgomery, AL 36130-2130

    The ACCS Division of Academic and Student Affairs will investigate the complaint within 30 days of receipt.

NACC has 30 days to provide a written response to questions and/or concerns raised during the ACCS Division of Academic and Student Affairs investigation. Such response may or may not contain a resolution. The Division of Academic and Student Affairs will judge the matter and write a report or letter to the institution and student detailing corrective action, if any is necessary, or stating that the school has no violation of policies. If corrective action is needed the institution will have 30 days to comply or develop a plan to comply with the corrective action. The System Office will monitor the institution’s compliance to ensure the completion of any required corrective action.

C. Withdrawal of Complaint
Each complainant has the right to proceed with or withdraw from the formal complaint process once it has been submitted. The issues involved in the complaint should not be changed from the information provided when the charge was originally made. Complaints may be revised to address issues arising during the investigation which were not known to the complainant or to the institution when the initial complaint was filed.

D. Informal Resolution
At any time prior to reaching a determination regarding responsibility, the College may initiate and facilitate a voluntary informal resolution process, such as mediation, that does not involve a full investigation and adjudication. Informal resolution processes may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, or restorative justice. The College may not require the parties to participate in the informal resolution processes previously named and may not offer these processes unless a formal complaint is filed. The College may not require the waiver of the right to an investigation and adjudication of formal complaints as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.

If the College determines that informal resolution process may be appropriate, it will provide written notice to both parties which includes the following:​​​​​​​

  1. The allegations;
  2. The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records will be maintained or could be shared;
  3. The range of possible sanctions that may be imposed on the respondent as part of an informal resolution, which may include expulsion.​​​​​​​

Initiation of informal resolution process proceedings will require the written consent of each party. Informal resolutions, including sanctions, must be voluntarily agreed to by each party.

Voluntary informal resolutions to formal complaints may include, but are not limited to, no contact agreements; schedule changes; agreements to restrict participation in certain College activities or use of college facilities; agreement to engage in counseling, training, or education; or mutual agreement to engage in a restorative meeting.

At any time prior to agreeing to a resolution, any party has the right to withdraw from informal resolution and resume the complaint process with respect to the formal complaint.

IV. Sexual Harassment Complaints Against an Employee - Complaint Process

A complaint for sexual harassment under Title IX can be lodged against any employee or individual seeking employment by any affected party or by the NACC Title IX Coordinator. If the NACC Title IX Coordinator is not available, the matter may be brought to the attention of any division director, dean, director, supervisor, advisor, Campus Police, or Campus Security Authority. All complaints for sexual harassment or discrimination should be reported to the NACC Title IX Coordinator for prompt and equitable investigation and resolution, but only complaints for sexual harassment under Title IX will be subject to the procedures in this section. All other grievances should follow the Employee Grievance and Complaint Policies as published in the Employee Handbook or the general complaint policies published, as deemed most appropriate to the complaint by the Title IX Coordinator. Title IX complaints of sexual harassment as defined in the NACC Title IX Sexual Harassment Policy will be considered formal complaints when filed against employees.

A. ​​​​​​​Filing a Formal Title IX Sexual Harassment Complaint Against an Employee

  1. The complainant must meet with the Title IX Coordinator and provide a written statement that clearly and specifically states the alleged violations, names the person(s) whom the complaint is against and provides the date of the alleged violation. If the complainant needs assistance in writing a complaint, assistance may be requested from the Title IX Coordinator. The Title IX Coordinator will immediately notify the President and the Alabama Community College System Legal Division of receipt of the complaint. In an emergency situation, the College has the right to impose an emergency removal of the employee.
  2. Any Title IX complaints against an employee will be provided to the Senior Personnel Officer (or other Title IX Investigator) within ten (10) business days following the date the formal, written complaint was filed. All Title IX investigators have received annual investigator training. Upon the filing of a formal complaint, and at any time during the complaint process, the College may place the respondent on administrative leave for the duration of the complaint process.

​​​​​​​The Senior Personnel Officer (or other Title IX Investigator) will notify both the complainant and the respondent of the receipt of the complaint and intent to investigate within five (5) business days of receipt of the formal complaint to provide sufficient time for the party to prepare to participate in the investigation. The investigation will commence within 10 business days of receipt of the formal complaint by the Senior Personnel Officer (or other appointed Title IX Investigator).

This notice will include the following information about the complaint:

  1. the identities of the parties involved in the incident, if known;
  2. the conduct allegedly constituting sexual harassment under Title IX;
  3. the date and location of the alleged incident, if known;
  4. the supportive measures that may be available to both parties; and
  5. a list of individuals intended to be interviewed, if known.

​​​​​​​This notice will describe the College’s policies and procedures for responding to complaints, including the following:​​​​​​​

  1. A description of interim supportive measures available to the parties;
  2. A description of the College’s formal complaint and resolution procedures, including time frames;
  3. A statement that a determination regarding responsibility is made at the conclusion of the complaint process, and that the College will presume the respondent not responsible for the alleged conduct;
  4. The right of parties to have an advisor of their choice, who may be, but is not required to be, an attorney, and the College’s responsibility to provide an advisor to either party;
  5. The right of both parties to present evidence and witnesses;
  6. The right of parties to inspect and review evidence collected in the investigation, subject to applicable privacy laws;
  7. The College’s use of a “preponderance of the evidence” standard of evidence in Title IX investigations;
  8. A description of the range of remedies and disciplinary sanctions available;
  9. A reminder that dishonesty and providing false information are forbidden by the College’s Code of Conduct and policy within the Employee Handbook;
  10. A reminder that intimidation and retaliation against complainants, respondents, and witnesses are forbidden under Title IX and by the College’s Code of Conduct and Anti-Harassment, Physical Assault, and Anti-Discrimination Policy.

​​​​​​​

  1. The Senior Personnel Officer (or other Title IX Investigator) shall investigate the complaint by gathering and objectively evaluating all relevant evidence and make a preliminary decision. The investigation will be factual and all applicable statutes, regulations, and/or policies will be researched. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties. The Senior Personnel Officer (or other Title IX Investigator) must provide advance written notice of any interviews, meetings, or hearings to any party expected or invited to attend. Such notice will also be provided to the party’s advisor, if any, and must allow adequate time to prepare. Either party may identify and present other witnesses, including fact and expert witnesses, with relevant information for interview or other evidence for review by the investigator. Additionally, either party may present other inculpatory (tending to establish fault or guilt) and exculpatory (clearing or tending to clear from alleged fault or guilt) evidence. Credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.

    Prior to the completion of the investigative report, the Senior Personnel Officer (or other Title IX Investigator) will submit all reviewed evidence to the Title IX Coordinator, who will in turn make the evidence available to the complainant, respondent, and their advisors for additional review. The College will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. The parties will have five (5) business days to review the evidence and to respond in writing to the Title IX Coordinator. These responses will be forwarded to the Senior Personnel Officer (or other Title IX Investigator). The College will make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal access opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

    If the Senior Personnel Officer (or other Title IX Investigator) finds that there is no probable cause for the complaint, the Senior Personnel Officer (or other Title IX Investigator) shall dismiss the complaint and will provide written notice to the respondent, complainant, and Title IX Coordinator of the dismissal stating the reasons for and right to appeal the dismissal. If there is probable cause to believe that the complaint is well-founded, but that the matter is not sexual harassment under Title IX, the Senior Personnel Officer (or other Title IX Investigator) will dismiss the formal complaint and provide written notice to the respondent, complainant, and Title IX Coordinator of the dismissal stating the reasons for and right to appeal the dismissal.

    If there is probable cause to believe that the complaint is well-founded and that the matter is under the purview of Title IX, the Senior Personnel Officer (or other Title IX Investigator) will compose a written investigative report that lists and summarizes relevant evidence, including supporting documentation and the names of witnesses, submit the written investigative report to the Title IX Investigative Committee (hereafter referred to as the Hearing Decision Makers) and to both parties and their advisors, if any, and the Title IX Coordinator and will notify the parties that the investigative report has been filed with the Hearing Decision Makers. The Hearing Decision Makers are composed of faculty and staff members appointed each fall by the President and have received annual decision maker training.

    At least ten (10) business days after the receipt of an investigative report from the Senior Personnel Officer (or other Title IX Investigator), the Primary Decision Maker (chair of the Title IX Investigative Committee) shall convene a live hearing and shall give the parties; their advisors, if any; the Title IX Coordinator; the Title IX investigator; and witnesses reasonable notice of the date, time, and place of the hearing, together with a copy of the written complaint. The live hearing date must provide the complainant, respondent, and their respective advisors with no less than ten (10) business days to review the final investigative report and all supporting evidence.

 

  1. The hearing shall be live and attended by the Hearing Decision Makers; the complainant and respondent; and their advisors, if any, in person or via teleconference. The Title IX Coordinator and Title IX investigator will attend the hearing in an advisory capacity. The Title IX investigator, Title IX Coordinator, and witnesses will be called to provide testimony if requested by the Hearing Decision Makers, parties, or their respective advisors. All parties must be able to see and hear the party or witness answering questions in real time. The hearing shall be recorded by either a court reporter or on audio, video, or other electronic recording medium. Additionally, all items offered into evidence by the parties, whether admitted into evidence or not, shall be marked and preserved as part of the hearing record.

    If the complainant or respondent do not have an advisor present at the live hearing, the College shall provide, without fee or charge to that party, an advisor of the College’s choice, who may be, but is not required to be an attorney. Neither party may dismiss a College-appointed advisor.

    Each party and advisor will have the opportunity to present evidence and to present witnesses, if any such witnesses are willing participants in the proceedings. The Hearing Decision Makers and advisors will have the opportunity to cross examine the complainant, respondent, and any witnesses. No witness shall be required to participate in the proceedings. Before any party or witness is required to answer a question under cross-examination, the Primary Decision Maker must determine whether the question is relevant and must explain on the record the basis for excluding any question. Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are deemed not relevant and will not be permitted. Only the Hearing Decision Makers and advisors, whether selected or appointed, are allowed to conduct cross-examination. Complainants and respondents cannot conduct cross-examination.

    The hearing process, overseen by the Primary Decision Maker, will consist of the following:
    1. An opening statement;
    2. A review of hearing procedures, the formal complaint, and the notice of allegations;
    3. A review of potential hearing outcomes and recommended sanctions;
    4. The complainant(s) testimony;
    5. Cross-examination of the complainant by the respondent’s advisor;
    6. Testimony of complainant witnesses;
    7. Cross-examination of complainant witnesses by respondent’s advisor;
    8. The respondent(s) testimony;
    9. Cross-examination of the respondent by the complainant’s advisor;
    10. Testimony of respondent witnesses;
    11. Cross-examination of the respondent witnesses by complainant’s advisor;
    12. Decision Maker questions;
    13. A review of the appeal process;
    14. Closing statement by the Primary Decision Maker;
    15. Dismissal of the parties; and
    16. Decision Maker deliberations.

At the hearing, the Primary Decision Maker shall read the hearing procedures, notice of allegations, formal complaint, potential hearing outcomes, and potential sanctions. After the Primary Decision Maker concludes opening statements, the complainant shall have the opportunity to present such oral testimony and offer such other supporting evidence as deemed relevant to the formal complaint. Subsequent to the complainant testimony, the respondent’s advisor may conduct cross-examination. The Decision Maker(s) may question the complainant after the cross-examination.

The complainant may call witnesses to provide testimony as deemed appropriate to the formal complaint. The respondent’s advisor may conduct cross-examination of the witnesses. The Decision Maker(s) may question the witnesses after the cross-examination.

The respondent shall then be given the opportunity to present such testimony and offer such other evidence as deemed relevant to the respondent defense against the formal complaint. Subsequent to the respondent testimony, the complainant advisor may conduct cross-examination. The Decision Maker(s) may question the respondent after the cross-examination.

The respondent may call witnesses to provide testimony as deemed appropriate to the formal complaint. The complainant advisor may conduct cross-examination of the witnesses. The Decision Maker(s) may question the witnesses after the cross-examination.

Only relevant cross-examination or other questions may be asked of a party or witnesses. During cross-examination, the advisor will pose each question orally to the Hearing Decision Maker(s). The Primary Decision Maker will determine if the complainant, respondent, or witnesses may respond to the question. If the Primary Decision Maker determines that the question is not relevant, he or she will explain the rationale for dismissing the question. Rape shield protection is provided for complainants. Therefore, questions and evidence about a complainant’s behavior are considered irrelevant unless offered to prove that someone other than the respondent committed the alleged misconduct or concern specific incidents of a complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

The Hearing Decision Makers cannot draw an inference about the determination regarding responsibility based solely on a party or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. 

Upon conclusion of the presentation of the evidence and cross-examination, the Primary Decision Maker will read the appeal process and closing statements. The complainant, respondent, their respective advisors, Title IX Investigator, Title IX Coordinator, and all witnesses shall be dismissed.

The Hearing Decision Makers will deliberate to determine if the respondent is deemed responsible and submit a written hearing report which contains the following:

  1. Identification of the allegations potentially constituting sexual harassment;
  2. A description of the procedural steps taken from the receipt of the formal complaint through determination, including any notifications to the parties; interviews with parties and witnesses; site visits; methods used to gather other evidence; and hearings held;
  3. Findings of fact supporting the determination;
  4. Conclusions regarding the application of the College’s Code of Conduct to the facts;
  5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any recommended disciplinary sanctions the College may impose on the respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be recommended by the Hearing Decision Makers to the President; and
  6. The College’s procedures and permissible bases for the complainant and respondent appeal.

The Title IX Coordinator and Title IX investigator will attend the hearing in an advisory capacity.

  1. Within ten (10) business days after the hearing, the Hearing Decision Makers, by majority vote, shall issue a written determination of responsibility simultaneously to the complainant, respondent, any advisor to either party, the President, the Senior Personnel Officer (or other Title IX Investigator), and the Title IX Coordinator. If the Hearing Decision Makers finds that the complaint is supported by the facts, it will decide in favor of the complainant and will recommend appropriate sanctions in its written findings. If the Hearing Decision Makers find that the complaint is not supported by the facts, the Primary Decision Maker will take no further action and will notify the respondent, the complainant, Title IX Investigator, Title IX Coordinator, and the President of the findings.
     
  2. The President will determine if such sanctions will be imposed based on the written report and recommendations of the Hearing Decision Makers and will issue written notice simultaneously to the respondent, complainant, any advisor to either party, the Senior Personnel Officer (or other Title IX Investigator), and the Title IX Coordinator of the determination within ten (10) business days of receipt of the Hearing Decision Makers’ recommendations. This notification will also include the appeal procedure.
  3. Appeals of a determination regarding responsibility and from the College’s dismissal of a formal complaint or any allegations therein are available to both parties on the following grounds:​​​​​​​
    1. Procedural irregularity that affected the outcome of the matter;
    2. New evidence that was not reasonably available at the time the decision regarding responsibility or dismissal was made which could affect the outcome; and/or
    3. The Title IX Coordinator, Investigator, or a Hearing Decision Maker had a conflict of interest or bias that affected the outcome.

Based on these reasons, the complainant and/or respondent may file a written appeal with the Title IX Coordinator specifically stating the objections to the decision within five (5) business days after receipt of the notice of responsibility and sanctions. Copies of the appeal must be provided by the Title IX Coordinator to the other party, any advisor to either party, the Title IX Investigator, the Primary Decision Maker, and the President.

The Title IX Appeals Committee will be the appeal authority in upholding, rejecting, or modifying the recommendations of the Hearing Decision Makers and President. The Title IX Appeals Committee shall not be bound in any manner by the recommendation(s) of the Hearing Decision Makers or President, but shall take it (them) into consideration in rendering a decision. The Title IX Appeals Committee is made up of college administrators appointed by the President. The Appeals Committee will review the appeal solely on the following grounds, and none other: 

  1. to determine if there was substantial evidence to support the decision;
  2. to determine if the student or employee had a fair and impartial hearing;
  3. to determine if there is new evidence which would affect either the guilt or innocence of the student or employee or the degree of sanctions; and
  4. to determine if procedural irregularities affected the outcome. ​​​​​​​

Regarding appeals, the College will ensure the following:

  1. The other party is notified in writing when an appeal is filed and implement appeal procedures equally for both parties;
  2. The Appeals Committee members do not also serve on the Hearing Decision Maker panel and are not the Title IX Coordinator or Title IX Investigator;
  3. The Appeals Committee members comply with the standards set for in 34 C.F.R. § 106.45(b)(iii);
  4. Both parties are given a reasonable, equal opportunity to submit a written statement in support of or challenging the outcome;
  5. A written decision describing the results of the appeal and the rationale for the result is issued to the President within 30 calendar days of the initiation of the appeals process. The time for decisions may be extended for exigent circumstances or as may be otherwise agreed to by both parties.

If the complainant is also an employee of the College, the individual may also file a claim with the Equal Employment Opportunity Commission within 180 days of the alleged discriminatory act.

The findings of the Title IX Appeals Committee are presented to the President, who will issue simultaneous notification of the Committee’s determination to the respondent, complainant, any advisor to either party, Title IX Coordinator, Title IX investigator, and Primary Decision Maker.

  1. If, after exhausting all available institutional processes, a complaint remains unresolved, the complainant or the respondent may appeal to the Alabama Community College System (ACCS) using the System’s official Complaint Form, which is available on the ACCS website (www.accs.cc) or from the Title IX Coordinator. The form should be completed and either (1) scanned and e-mailed to complaints@accs.edu or (2) mailed to:
    Alabama Community College System
    Attention: Division of Academic and Student Affairs
    P.O. Box 302130
    Montgomery, AL 36130-2130

    ​​​​​​​​​​​​​​The ACCS Division of Academic and Student Affairs will investigate the complaint within 30 days of receipt.
     
  2. NACC has 30 days to provide a written response to questions and/or concerns raised during the ACCS Division of Academic and Student Affairs investigation. Such response may or may not contain a resolution. The Division of Academic and Student Affairs will judge the matter and write a report or letter to the institution and student detailing corrective action, if any is necessary, or stating that the school has no violation of policies. If corrective action is needed the institution will have 30 days to comply or develop a plan to comply with the corrective action. The System Office will monitor the institution’s compliance to ensure the completion of any required corrective action.

​​​​​​​B. Withdrawal of Complaint​​​​​​​​​​​​​​
Each complainant has the right to proceed with or withdraw from the formal complaint process once it has been submitted. The issues involved in the complaint should not be changed from the information provided when the charge was originally made. Complaints may be revised to address issues arising during the investigation which were not known to the complainant or to the institution when the initial complaint was filed.

C. Informal Resolution​​​​​​​​​​​​​​
At any time prior to reaching a determination regarding responsibility, the College may initiate and facilitate a voluntary informal resolution process, such as mediation, that does not involve a full investigation and adjudication. Informal resolution processes may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, or restorative justice. The College may not require the parties to participate in the informal resolution processes previously named and may not offer these processes unless a formal complaint is filed. The College may not require the waiver of the right to an investigation and adjudication of formal complaints as a condition of enrollment or continuing enrollment, employment or continuing employment, or enjoyment of any other right.

If the College determines that informal resolution process may be appropriate, it will provide written notice to both parties which includes the following:​​​​​​​

  1. The allegations;
  2. The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records will be maintained or could be shared;
  3. The range of possible sanctions that may be imposed on the respondent as part of an informal resolution, which may include restitution, suspension, or termination, upon approval of the President.​​​​​​​

Initiation of informal resolution process proceedings will require the written consent of each party. Informal resolutions, including sanctions, must be voluntarily agreed to by each party.

Voluntary informal resolutions to formal complaints may include, but are not limited to, no contact agreements, schedule changes, agreements to restrict participation in certain College activities or use of college facilities, agreement to engage in counseling, training, or education, mutual agreement to engage in a restorative meeting.

At any time prior to agreeing to a resolution, any party has the right to withdraw from informal resolution and resume the complaint process with respect to the formal complaint.

V. General Provisions for Title IX Sexual Harassment Complaints

Advisors: Complainants and respondents shall have the right to retain an advisor who may be but is not required to be a licensed attorney, at any level of the complaint process, at the respective party’s own expense. Complainants and respondents who do not retain their own advisor will be assigned an advisor by the College. Advisors may be present and participate in any meetings, interviews, or hearings in which the advised party participates. Only advisors may conduct cross examinations of parties and witnesses. Additional guidance will be provided to complainants and respondent about the scope of advisor responsibilities by the Dean of Student Services, the Senior Personnel Officer, or other appointed administrator. Advisors appointed by the College receive annual training. 

Party-Designated Advisor: Both parties shall have the right to designate one personal advisor. This party-designated advisor can be legal counsel or other type of personal representative (i.e., pastor, family member, AEA Representative, friend) and shall be retained at the respective party's own cost.  Other persons may be selected by the party as additional advisors to attend meetings and hearings, but additional advisors are not permitted to speak or otherwise participate.

College-Designated Advisor: In the event that either party does not or cannot designate their own advisor, that party shall have the right to request one advisor to be provided by the College by making a request in writing to the Title IX Coordinator and declaring that the party has not selected another advisor. An advisor will be appointed for the party at the discretion of the College. Once requested, a party may not dismiss a College-designated advisor unless that party elects to retain legal counsel.  A College-designated advisor will be released by the College if a party subsequently designates legal counsel as its advisor.

Either the party or the party’s designated advisor (not both) may conduct cross-examination during the live hearing.

A party is never required to obtain an advisor.

At no time may any party have more than one designated advisor. A designated advisor may speak on the party’s behalf when appropriate.

Amendments: The College may amend the policy or procedures periodically. Nothing in the policy or procedures shall affect the inherent authority of the College to take actions such as it deems appropriate to further the educational mission or to protect the safety or well-being of the campus community.

Complaints Made Against Parties other than Students and Employees: While this policy is intended to address complaints against students or employees, Title IX sexual harassment complaints can be made against other parties who are involved in the educational programs or activities of the institution by following the process of complaints made against students. For more information, please see the Title IX Coordinator.
Complaint files: Records of Title IX formal and informal complaints shall be maintained by the Title IX Coordinator. These shall include at minimum the following: the name of the complainant; the date of complaint filing; the specified allegation made in the complaint and any corrective action requested; the name(s) of the respondent(s); the levels of processing and resolution; the date and hearing officer(s) at each level; any audio or video recording or transcript; a summary of major points, facts, and evidence presented by each party to the complaint; a statement of the final resolution and the nature and date of any corrective action taken or disciplinary sanctions imposed; a record of any appeal and the results of that appeal; record of any informal resolution and the results of that informal resolution, and records of any supportive measures taken in response to a complaint, or records that document why no supportive measures were required; and the basis for a conclusion that the College’s response was not deliberately indifferent. Such records shall be maintained on a confidential basis except that they must be provided to the complainant and the respondent upon request.

Constitutional rights: The complaint process shall not be construed as to restrain employees and/or students in their exercise of constitutional rights.

Dismissal of Formal Complaint: The College may dismiss a formal complaint or allegation therein if (1) the complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or allegations therein; (2) the respondent is no longer enrolled or employed by the College; or (3) specific circumstances prevent the College from gathering sufficient evidence to reach a determination. The College must dismiss a formal complaint or allegation therein if (1) the allegations do not meet the definition of sexual harassment, (2) the alleged conduct did not occur in the United States, or (3) the alleged conduct did not occur within a College-sponsored program or activity. If the College determines that the formal complaint or allegations therein will be dismissed, the Dean of Student Services, Senior Personnel Officer, or other appointed administrator will provide written notice to both parties of the dismissal of allegations, the reason for dismissal, and the complainants right to appeal, if applicable. This notification must be made within five (5) business days of the decision to dismiss the complaint.

Failure to appeal within time: If there is no written mutual agreement to extend the time limit(s) set herein, and if a decision at any step is not appealed to the next step of the process within the stated time, the complaint shall be deemed settled on the basis of the last decision rendered, provided the decision is within the authority of the parties.

Failure to respond within time limit: Failure at any level of the complaint process to notify the parties of the reviewer’s decision within the specified time limit shall permit an appeal at the next step of the process within the time which would have been allotted had the decision been communicated by the final day.

Harassment and physical assault prevention programs: The College requires all employees and invites all students to participate in a web-based harassment and physical assault awareness and prevention training program, which includes information required by the Campus SaVe Act. Additionally, the College coordinates ongoing educational programs for employees and students to promote awareness and prevention of harassment and physical assault, including, but not limited to, rape, acquaintance rape, domestic violence, dating violence, sexual assault, consent, and stalking.

Identification: All written complaints and appeals shall include the name of the complainant, the name of the respondent(s), a statement of the nature of the complaint, and the corrective action sought by the complainant.

Informal discussion: Nothing contained herein shall be construed as limiting the right of the student having a complaint to discuss the matter informally with any appropriate member of the College and having the complaint informally resolved nor the right of the College to manage normal business operations.

Notification of law enforcement: Victims of sexual harassment and physical assault needing immediate assistance from law enforcement can notify Campus Police or local law enforcement offices. Additionally, Campus Police can assist a victim with contacting local law enforcement, at the discretion of the victim. Individuals should dial 9-1-1 in emergencies.

Preservation of evidence: Victims of sexual harassment and physical assault should make every effort to preserve evidence that could be necessary to prove that the violation occurred or to obtain a protection order. Victims of assault are encouraged to seek a thorough medical examination. Rape victims should not bathe, smoke, use the toilet, or change clothes before they are examined. Stalking victims should preserve gifts and letters received and should also document phone calls, social media posts, and any other contact they have had with the alleged stalker. Domestic violence victims can document injuries by seeking medical attention or by taking photos of bruises, cuts, or other injuries. Likewise, parties accused of sexual assault should make every effort to preserve evidence that could be necessary to prove the violation did not occur.

Protection: In an effort to provide a harassment-free campus environment, the College is committed to the protection of employees and students. Anyone who has a legal order of protection, no contact order, restraining order, or similar lawful order against another individual is encouraged to provide a copy of the order to Campus Police.

Protective measures: Persons who have experienced harassment, physical assault, or discrimination may be able to change academic or working situations if accommodations are reasonably available even if the student chooses not to report the crime to Campus Police or law enforcement.

Public complaint file: For purposes of the dissemination of Title IX complaint precedents, separate file records shall be kept by the Title IX Coordinator which indicate only the subject matter of each complaint, the resolution of each complaint, and the date of the resolution. These records shall not refer to any specific individuals, and they shall not be considered confidential.

Retaliation prohibited: No College employee or any person involved in these complaint processes may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted under this policy. Complaints alleging retaliation may be filed according to the Code of Conduct (Student Handbook) or Employee Complaint (Employee Handbook) procedures. The College shall keep confidential the identify of any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness except as may be permitted by FERPA statute, 20 U.S.C. 1232g or FERPA regulations, 34 CFR, part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

Sanctions: Possible sanctions for students may include but are not limited to warnings, restrictions from specific areas of campus, restitution, suspension, or expulsion. Possible sanctions for employees may include but are not limited to restitution, suspension, or termination. The College will follow the guidelines of the Students First Act in all cases where sanctions are recommended for employees. For individuals other than employees or students, sanctions could include a no-trespass order and or a no-contact order issued for individuals who have been accused of and/or found in violation of sexual harassment.

Standard of evidence: During resolution proceedings, the College shall use a preponderance of evidence to determine if a violation of policy has been made. The preponderance of evidence will consist of such evidence as, when considered and compared with that opposed to it, has more convincing force and produces in the mind’s belief that what is sought to be proved is more likely true than not true.

Student: A student is defined as one who is or who has been duly and legally registered as either a full-time or part-time enrollee at Northeast.

Supportive measures: Supportive measures are defined as non-disciplinary, non-punitive individualized services that are designed to restore or preserve equal access to the education for the complainant and respondent without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment or to deter sexual harassment. These measures are without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. The range of possible supportive measures includes, but is not limited to, referral to counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or housing locations; leaves of absence; increased security and monitoring of certain areas of the campus; and other similar measures. The College will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures.

Timelines: It is the intent of the College to address complaints as quickly as possible. Every effort shall be made to expedite the process and to stay within the timeline parameters of these procedures. However, there may be individual cases where the timelines involved may need to be adjusted to allow the institution to thoroughly investigate the issues. Timeline extensions will be made by mutual, written agreement between all parties involved.

Victims Option to Report: Students and employees who are victims of crime including rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking, are encouraged by the College to report but do have the option not to report the incident to campus law enforcement or local law enforcement. In those cases, the victim may still seek assistance confidentially from the Title IX Coordinator or any other victim service agency of their choosing.

Witnesses: Both the complainant and the respondent shall have the right to present such witnesses as they deem necessary to develop the facts pertinent to the complaint. No witness shall be required to participate in the proceedings.