Sexual Misconduct, Sexual Harassment and Gender-Based Discrimination Complaint Process

Type

Procedure

Category

Institutional Integrity

Department

Human Resources

Phone

(541) 463-5037

Primary Contact

Dennis Carr

Contact Email

Responsible Executive Authority

President's Office

Purpose

Lane Community College prohibits sexual misconduct, sexual harassment and gender-based discrimination. These polices are found in Board Policy BP 630: HarassmentBoard Policy BP 535: Equality of Opportunity and Board Policy BP415: Sexual Assault, and in the following College policies and procedures: Harassment based on Sexual Orientation, Gender Identity, Gender Expression, Religion or Disability, Harassment, Sexual: GeneralSexual Respect/Sexual Misconduct Procedure; and Sexual Misconduct and Stalking Procedure.

This procedure is intended to apply to sexual misconduct, sexual harassment, or gender-based discrimination complaints by or against College students and employees. Student-on-student complaints will be processed pursuant to this procedure, however, any outcomes, which may include sanctions for students or discipline for employees, will be determined pursuant to the Student Conduct Code, applicable labor agreements (Classified and Faculty), or the Management Working Conditions Agreement, respectively.

The complaint procedure is designed to provide for prompt and effective response to and resolution of complaints. The College will take steps to: stop the misconduct, prevent its recurrence, and remedy any adverse effects on the complainant or the campus community.

Narrative

If this is an emergency:
On campus, call 5555; Off campus call 911.

If you have questions about this procedure please contact Terrie Minner, Title IX Coordinator (minnert@lanecc.edu) or (541) 463-3010.

Incidents Covered by this Procedure

This reporting procedure applies to all Lane Community College students and employees alleging sexual misconduct, sexual harassment or sex discrimination carried out by employees, other students, or third parties and to incidents that occur on college property and off college property when there is a College-related event or activity in which misconduct occurs. It also applies to sexual misconduct that involves two or more members of the College community, regardless of whether or not it occurred on college property or at a college-sponsored event, or to off-campus sexual misconduct by any student or employee, when such conduct has a direct impact on one or more college student or employee. All actions by a member of the College community that involve the use of the College's computing and network resources from a remote location, including but not limited to accessing email accounts, will be deemed to have occurred on college property.

Retaliation

Retaliation (e.g., threats, intimidation, reprisals, damage to one's reputation, or adverse employment or educational actions) against the complainant or anyone who participates in the complaint process is expressly forbidden. An individual who is subjected to retaliation for having made a report of sexual misconduct, discrimination or harassment in good faith, who assisted someone with a report of harassment or discrimination, or who participated in any manner in an investigation or resolution of a report of harassment or discrimination, is protected under this procedure and is encouraged to make a report of retaliation under these procedures. Retaliation claims should be initiated as a new complaint under this procedure. The College will take immediate steps to prevent and/or to respond to retaliation.

Timelines

This procedure does not waive any statutory timelines for legal remedies available under Title VII of the Civil Rights Act of 1964 as amended and Title IX, Education Amendments of 1972 as amended (20 USC § 1681-1688).

Individuals with complaints covered by this procedure always have the right to file a formal complaint with the United States Department of Education Office of Civil Rights or the Equal Employment Opportunities Commission:

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: (800) 421-3481
FAX: (202) 453-6012; TDD: (800) 877-8339
Email: OCR@ed.gov

To file a complaint with the Civil Rights Division of the Bureau of Labor and Industry, go to Oregon Civil Rights Divison.

We encourage individuals to file complaints of sexual misconduct, discrimination and/or harassment as close in time to the event as possible. Reports of incidents more than one year old may be more difficult for the College to investigate and remediate than reports received closer in time to the events. Although the College will accept all complaints under this procedure regardless of the date of the alleged misconduct, it will not investigate events that occurred more than twelve months prior to filing the complaint, unless the alleged facts, if true, may constitute a violation of an Oregon statute (for example, sexual assault or gender-based discrimination).

The written formal complaint procedure is set up to take no more than thirty (30) days from the date the complaint investigation begins. Informal procedures may take less or more time to resolve. Days as described in this procedure represent College business days.

The Responsible Administrator may request approval for an extension of any timeline in this procedure and shall provide written notice of the extension to the complainant and respondent. Such approval shall not be unreasonably withheld.

Confidentiality

If the complainant requests confidentiality, the College will take all reasonable steps to investigate and respond to a report in a manner consistent with the request. In such a circumstance, the College's ability to respond may be limited. When an individual requests confidentiality, the College must weigh its responsibility to provide a safe and nondiscriminatory environment that is free from sexual misconduct against the complainant’s request for confidentiality.

With certain exceptions described below, all employees are required to inform the College’s Title IX Coordinator of any and all reports alleging sexual misconduct by college students or employees. Sexual misconduct is defined in the College’s Sexual Respect/Sexual Misconduct Procedure. Sexual Assault is defined in the College’s Sexual Misconduct and Stalking Procedure . Employees must provide the Title IX Coordinator with all of the information a complainant shares with them.

Lane counselors and Health Clinic providers are confidential resources in their role as personal counselors or medical care providers and are not required to report any information about an incident to the Title IX Coordinator without the complainant's permission. This protection regarding counselor/client or doctor/patient communications applies only when counselors or medical care providers are supporting individuals in a personal counseling or medical care provider role and only to the extent authorized by state law.

Under Oregon law, when a public employee receives a report that involves suspected abuse of a minor (under the age of 18), all employees, including college counselors, are required to notify child protective services and/or local law enforcement as follows:

  • If the child is in immediate danger, call 911.
  • If there is no immediate danger, contact Lane County Department of Human Services at (541) 686-7555 (local) or (866) 300-2782 (toll free), Monday-Friday, 8:00am-5:00pm.

When a written complaint is filed and the Title IX Coordinator has decided to move forward with an investigation, the respondent will always receive a copy of the complaint including the name of the individual(s) who filed the complaint. When the respondent is responsible for complainant’s grades and those grades are still pending, the college will delay notice of the complaint to the respondent until grades are completed unless the complainant has transferred to a different class or another academic solution has been implemented. In all cases, efforts will be made to protect the privacy of individuals participating in the resolution process. An individual who has made a report of discrimination or harassment may be advised of sanctions imposed against the respondent when the individual needs to be aware of the sanction in order for it to be fully effective (such as restrictions on communication or contact with the individual who made the report). Information regarding disciplinary action taken against the respondent will not be disclosed to the complainant without the respondent’s consent, unless it is necessary to ensure compliance with the action or the safety of individuals. In cases involving sexual assault, sexual violence, dating/domestic violence, or stalking, both the complainant and the respondent will be informed simultaneously in writing of the findings, rationale, and of all discipline and sanctions applied.

The College May Implement Interim Actions as Appropriate

The “Responsible Administrator” refers to the College employee who is responsible for ensuring that the complaint is recognized, processed and resolved by the College. Each complaint will be processed and resolved by either the College’s Title IX Coordinator or an administrator designated by the President, typically the Vice President of Academic Affairs or the Vice President of College Services and Operations. The Responsible Administrator may implement interim actions to protect the complainant or community, and to provide interim remedial assistance while a report is being resolved. These actions are available for complainants and respondents and are not disciplinary.

Interim measures may include but are not limited to:

  • on-campus counseling services and assistance in setting up an initial appointment;
  • assistance accessing community and college resources that provide:
    • medical care,
    • forensic exams,
    • individual safety planning,
    • counseling,
    • advocacy throughout the complaint resolution process,
    • legal advocacy,
    • emergency shelter/housing
  • no contact directives to both parties
  • class section/schedule changes, including the ability to withdraw from a course,
  • rescheduling of exams, projects and assignments,
  • alternative course completion options,
  • changes to work schedules, job assignments, or job locations for college employment
  • academic support services such as tutoring
  • limiting or barring an individual’s access to certain college-owned facilities or activities,
  • working with Public Safety staff to develop a safety plan, which may include a personal escort to ensure safe movement between classes and activities,
  • leaves of absence.

Reporting Complaints

Employee reports of sex discrimination, harassment or sexual misconduct may be made to:

  1. Title IX Coordinator (541) 463-3010
    or Deputy Title IX Coordinator (541) 463-5787
  2. Human Resources Managers (541) 463-5586
  3. Chief Diversity Officer (541) 463-5307
  4. Any Executive Dean in the Office of Academic and Student Affairs (ASA) (541) 463-5037
  5. Associate Deans in Student Affairs who are the lead Judicial Advisors for ASA (541) 463-5037
  6. Division Deans
  7. Campus Public Safety Office at (541) 463-5558.

Assistance is available in Spanish by contacting Jerry deLeon at (541) 463-5870.

Student reports of sex discrimination, harassment or sexual misconduct may be made to:

  1. Title IX Coordinator (541) 463-3010 or
    Deputy Title IX Coordinator (541) 463-5787;
  2. Women’s Program, Building 1, Room 202, (541) 463-5353;
  3. Campus Public Safety Office, (541) 463-5558.
  4. Multicultural Center, (541) 463-5144
  5. Office of Academic and Student Affairs, Executive Deans, (541) 463-5037
  6. Division Deans

Assistance is available in Spanish by contacting Jerry deLeon at (541) 463-5870

During the complaint investigation process, the complainant and the respondent are not to contact each other about the complaint.

Impartial Process

Any complainant or respondent who believes that either the Responsible Administrator or the appointed complaint investigator cannot be impartial should immediately notify the President or the Title IX Coordinator of his or her concerns. Allegations of bias should be based on the individual’s belief that the person alleged to be biased has had prior contact or prior significant involvement with an individual named in the complaint and that such contact or involvement prevents the person from assessing the facts impartially. Notice to the President or Title IX Coordinator that there is a concern regarding potential bias must be received within five (5) working days of the date the complainant or respondent is notified of the name of the Responsible Administrator and/or of the appointed investigator. If the President or Title IX Coordinator believes the objection has merit, the Responsible Administrator or the investigation will be promptly re-assigned to another designated administrator or an alternative investigator. On his or her own initiative or on the basis of subsequently discovered facts or subsequently occurring events that present a presumption of bias or incapacity by the Responsible Administrator or the investigator, the President may reassign complaint responsibilities as needed.

Records

All records of the formal complaint process, including the complaint form, documents reviewed and all reports and findings as well as all documentation concerning the post-complaint review processes, will be delivered to the Human Resource Department for compliance review and kept in a secure and confidential complaint file. Complaint files are retained in a secure location for the retention period required by the Oregon Secretary of State.

Reports to the Board and Clery Reports: A data report that summarizes all complaints and resolution by type of incident and the relationship of those involved is presented annually to the Lane Board of Education in the college’s Treatment of Staff and Treatment of Learners Reports. Sexual assault complaints are also included in the College’s annual Clery Report. No information that would identify the parties involved is included in any of these data reports.

Sanctions and Discipline

Sanctions or discipline resulting from a complaint reported under these procedures will be applied only after the complaint has been fully investigated and the Responsible Administrator determines that either a violation of a College policy has occurred or there is a need for corrective action to stop or remedy the effects of inappropriate sexual behavior.

Student sanctions may include:

  • official written warning;
  • restitution as compensation for damages caused;
  • required community service;
  • imposition of a fine;
  • required counseling, substance abuse screening, other behavioral requirements;
  • denial of specific student privileges;
  • being placed on probationary status;
  • suspension;
  • banning from campus;
  • expulsion;
  • withdrawal of a degree.

Employee disciplinary actions may include:

  • official verbal warning;
  • letter of reprimand;
  • just cause discipline, including, suspension, demotion and/or termination.

Options for Reporting

Anonymous reports include reports received by the College from an unknown complainant and also reports from known complainants who ask to have their name kept confidential. Individuals who wish to remain anonymous or who do not want to disclose their name have the option to speak first with a Lane counselor or Health Clinic provider in a confidential relationship.

When considering a request for confidentiality, the College must weigh its duty to protect the community against the individual’s desire to remain anonymous. If the unwanted conduct can be stopped without disclosing the complainant’s name, then the College will respect the complainant’s wish to remain anonymous. When the conduct alleged, if true, presents a risk of future harm to the complainant or other members of the College community, for example in cases involving use of a weapon, predatory behavior, violence, or where there is a pattern of similar misconduct, the Title IX Coordinator may initiate an investigation, in which case, if the respondent is an employee who is member of a bargaining unit, the College cannot withhold the complainant’s identity from the person they are accusing. Anytime the College makes the decision to move forward and must disclose the complainant’s name, the complainant will be notified in writing of this decision.

The Informal Complaint Resolution Process

Generally, informal reports are intended to resolve a complainant’s concerns at the earliest stage possible without sanctions or disciplinary actions being imposed on the respondent. In the informal resolution process, the College’s Title IX Coordinator will work directly with the parties involved. Informal resolutions may include discussions between or with the parties and development of an agreed-upon resolution that stops the behavior and prevents its recurrence. The Title IX Coordinator may also follow-up with the complainant after a period of time to assure that the resolution has been effective in eliminating the prohibited conduct.

An informal report and resolution is appropriate when the complainant desires to resolve the situation cooperatively and there is no dispute regarding the facts alleged. Informal resolution may also be appropriate for responding to anonymous reports and/or third party reports.

Regardless of whether or not the complainant initially engaged in an informal resolution process, the Title IX Coordinator will use the formal resolution process when the informal resolution is inappropriate because the complaint alleges serious misconduct, includes reports of a pattern of inappropriate behavior, or alleges acts such as stalking, sexual assault or physical assault or the allegations, if true, would lead to sanctions against a student or discipline of an employee.

The informal resolution of complaints encompasses a full range of possible appropriate outcomes including, but not limited to, reaching a mutually agreed upon resolution; mediating an agreement between the parties; separating the parties; referring the parties to counseling programs; conducting targeted educational and training programs; or working with appropriate administrators to provide remedies acceptable to the complainant.

An informal resolution may conclude or move to a formal resolution process if the complainant or the respondent no longer wishes to participate in the informal process or the Title IX Coordinator concludes that the informal process is not appropriate.

Informal Step 1: Report the incident.

An individual who believes that there has been a violation of any of the policies and procedures listed in the above Purpose reports the incident or series of incidents to one of the contact persons listed above. The complainant may report the information in person, by telephone or by email contact with the chosen contact person. The above contact people are trained in receiving reports of sexual misconduct, discrimination and harassment complaints and are familiar with these complaint resolution procedures.

If the contact person who receives the report is neither a Counselor nor a Health Care Provider and is not the Title IX Coordinator, the contact person will inform the Title IX Coordinator that he/she has received a report of sexual misconduct, sexual harassment or gender-based discrimination and the content of the report. The Title IX Coordinator will contact the complainant, and determine whether an informal resolution is appropriate.

Informal Step 2: Determine how to proceed.

When discussing the incident with the Title IX Coordinator, the complainant and Title IX Coordinator should review all options regarding how best to proceed, including: a) a joint discussion with the complainant and respondent to reach an informal resolution; or b) an initial administrative inquiry with the respondent to determine whether the goal of reaching an informal resolution is reasonable under the circumstances; or c) a decision to go no further with the complaint.

The complainant should carefully consider the complaint resolution options that the Title IX Coordinator may propose. In some situations, it may be possible for the Title IX Coordinator to resolve the concern without the direct involvement of the complainant. The Title IX Coordinator will confirm with the complainant how she/he wishes to proceed and will assess the college’s responsibility to stop the prohibited conduct. Every effort will be made to proceed in accordance with the complainant’s wishes consistent with the need to prevent, stop and remedy sexual misconduct, sexual harassment or gender-based discrimination at the College.

An informal resolution is reached without an investigation of the facts and is focused solely on stopping the prohibited conduct, and, if appropriate, remedying its effects. The College will not impose sanctions or discipline on the respondent in the absence of a complete investigation.

Informal Step 3: Take action consistent with the determination made in Step 2.

The Title IX Coordinator will implement the action decided upon and will keep the complainant and respondent informed about the actions required to resolve the complaint through the informal process.

Informal Step 4: Monitor the resolution.

If a mutually agreed-upon resolution is reached, the Title IX Coordinator will continue to monitor the resolution for a period of six months to ensure that the resolution has been effective in resolving the issues.

If at anytime the complainant or respondent is not satisfied with the process or the results of the informal resolution, the complainant or respondent may notify the Title IX Coordinator of his/her decision and initiate a formal complaint process by requesting a complete investigation of all the facts.

Informal Step 5: Recordkeeping.

The Title IX Coordinator will keep a record of all informal complaint resolutions. This record will consist of the data needed for completion of the Treatment of Learners and Treatment of Staff reports to the Board of Education. No names are reported to the Board.

The Formal Complaint Resolution Process

The formal resolution process is used when the informal resolution is inappropriate (e.g., when the facts are in dispute regarding allegations of sexual misconduct or there are reports of a pattern of inappropriate behavior or alleged acts such as stalking, sexual assault, sexual violence, dating or domestic violence or physical assault); when the informal resolution has been unsuccessful; or when the facts alleged, if true, will likely result in sanctions or discipline being imposed on the respondent.

The President will designate a Responsible Administrator when either the complainant or the respondent is a college employee. The College’s Title IX Coordinator is the Responsible Administrator when the complainant and respondent are both students.

Step 1: Report the incident in writing.

The Formal Complaint Resolution process requires a written statement of the allegations. The statement of allegations may be prepared and/or submitted by either the complainant or the Title IX Coordinator.

All complaints are subject to initial review by the Title IX Coordinator. The Title IX Coordinator may determine that an investigation is required regardless of whether or not the complainant wishes to put the complaint in writing. In these instances, the Title IX Coordinator may submit a written statement of the allegations of complainant to initiate the formal complaint resolution process. The complainant will be asked to review and confirm any statement of allegations that are the basis of the complaint that were written by someone other than the complainant.

Alternatively, the complainant may initiate the process by completing the Formal Complaint Form and submitting it to the Human Resources Office if the complaint involves an employee or to the Title IX Coordinator’s Office if it is a student-to-student complaint.

Step 2: Determine whether or not an investigation is necessary.

Within five (5) working days of the date of receipt of the complaint, the Responsible Administrator will determine whether or not a complaint, if true, would constitute a violation of college policy that may lead to sanctions or discipline of the respondent. If sanctions or discipline are a possible outcome, the Responsible Administrator will assign the matter to be investigated by a trained investigator.

Step 3: Provide notice to complainant and respondent.

Once it is determined that an investigation is necessary, the Responsible Administrator will provide the complainant and the respondent with written notice of receipt of the complaint. The notice will include:

  • a copy of the complaint,
  • the name of the Responsible Administrator,
  • the name of the investigator,
  • the time frame during which the investigation process will take place,
  • a copy of the formal complaint resolution procedure, and
  • a statement that while the resolution of the complaint is pending, the complainant and respondent are not to talk to each other about the complaint.

The Responsible Administrator will provide written notice of the existence of a sexual misconduct complaint to the department supervisors for any College employee named as respondent. If the respondent is a represented employee, the Responsible Administrator will also provide written notice of the complaint to the respective union that represents the respondent.

During the investigation process, the complainant and the respondent are not to contact each other about the complaint. All parties to a complaint are expected to fully cooperate with any investigation in a timely manner. If the complainant refuses to cooperate, the complaint may be deemed withdrawn at the sole discretion of the Responsible Administrator or Title IX Coordinator. If the respondent refuses to cooperate, the failure to cooperate will not prevent the investigation and resolution process from moving forward.

Step 4: Conduct the investigation.

The Responsible Administrator will provide the assigned investigator a copy of the complaint. The scope of the investigation is determined by the allegations in the complaint. The investigator's function is fact-finding.

The complainant and the respondent have the right to have up to two advisors of their choice throughout the investigation and resolution process. The advisor may be present during any investigatory interview. The role of the advisor is to provide support to the respective party throughout the complaint resolution process.

Respondents or complainants who are subject to a collective bargaining agreement have a right to have a union representative as well as an advisor present during any investigatory interviews. The union representative fills the position of one of the two advisors allowed.

Investigation Process: The investigator will conduct a fact-finding investigation, which will include interviewing individuals having first-hand knowledge of the incident, including both the complainant and the respondent. Respondents are not required to respond to the complaint allegations, but regardless of whether or not the respondent is interviewed or provides evidence, the investigator is required to make factual findings and conclusions based on all the evidence reviewed and interviews conducted. Other evidence will be reviewed as determined appropriate by the investigator in consultation with the Responsible Administrator.

The investigator will disclose all facts and evidence to parties and witnesses that are necessary to conduct a fair and thorough investigation. The respondent will be provided the opportunity to respond to all allegations and evidence of misconduct made by the complainant, whether made in the written statement of allegations or during the investigatory interview. The complainant and the respondent have the right to review and respond to all relevant evidence gathered prior to the conclusion of the investigation.

The allegations of the complaint must be verified by a preponderance of the evidence. A preponderance of evidence is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.

If, during the investigation, new information arises and the Responsible Administrator determines that additional investigation is required, and/or that additional time is needed for the investigation, he or she will provide written notice to the parties to the complaint. The notice will include:

  • the names of any additional witnesses to be interviewed,
  • a description of any additional material to be reviewed, and
  • any timeline changes that will be necessary as the result of this extension.

Investigation conclusion. All persons interviewed will be provided the opportunity to review and comment on the investigator's record of their own statements before the final findings are prepared.

Step 5: Provide Complainant and Respondent with closing letters with notice of the findings.

Within thirty (30) working days of the date of receipt of the written statement of complaint allegations, the Responsible Administrator will provide written notice of findings to all parties to the complaint with a copy to the Title IX Coordinator if the Title IX Coordinator is not the Responsible Administrator. The notice of findings will include:

  • a statement of the persons interviewed and evidence reviewed by the investigator;
  • a statement of the relevant factual findings and evidence relied upon to determine whether or not a violation of college policy occurred; including the rationale for the conclusion and assurance that the findings will be kept as confidential as possible;
  • a statement that the preponderance of evidence standard was applied;
  • whether harassment and/or gender-based discrimination policy was violated;
  • any actions to be taken related to the complaint that are required to stop the prohibited conduct and prevent its recurrence (such as an order of no contact);
  • when a violation of sexual misconduct, sexual harassment or gender-based discrimination policy is substantiated, the letter to the respondent will include a recommendation for appropriate remedial action which may include sanctions or discipline; and
  • information regarding the appeal process including instructions for filing an appeal.

The complainant may be informed that the college has taken steps to correct the situation and that the matter has been referred for disciplinary action, but shall not be informed of any disciplinary action without the consent of the respondent, unless such information is necessary to the complainant in order to assure compliance with the findings and recommendations. In cases involving sexual assault, sexual violence, dating/domestic violence, or stalking, both the complainant and the respondent will be informed simultaneously in writing of the findings, rationale, and of all discipline and sanctions applied.

The complainant or the respondent may request a meeting with the Responsible Administrator following receipt of the closing letter and notice of findings to discuss any questions or concerns.

Step 6: Forward the complaint file to the President’s office.

After the complainant and the respondent have been notified of the Responsible Administrator’s findings, the Responsible Administrator will forward the official complaint file to the President's Office pending notice of appeal. If no notice of appeal is submitted within five (5) working days of the date of the closing letters to the parties, the Responsible Administrator will confirm the findings of the official complaint file to the College President and Title IX Coordinator for final action.

Step 7: Post-complaint monitoring.

Following the closure of a complaint, the Title IX Coordinator will review the actions the College has taken. When there are findings of violations of sexual misconduct, sexual harassment or gender-based discrimination, the Title IX Coordinator or his or her designee will review the effectiveness of any remedial action imposed to determine whether or not the action was effective in stopping the prohibited conduct and preventing its recurrence.

(1) Two to Four Weeks after the date of the closing letter. The Title IX Coordinator or his or her designee will contact the complainant and respondent to confirm that the resolution, if any, has been implemented as intended by the parties and/or that neither the complainant nor the respondent has experienced any new problematic conduct that is of concern and that neither the respondent nor any other employee has engaged in conduct towards the complainant that is motivated by retaliation.

(2) Three months after the date of the closing letter. The Title IX Coordinator or designee will meet with complainant and respondent to confirm that no new problematic conduct has occurred and that neither the respondent nor any other employee has engaged in conduct towards the complainant that is motivated by retaliation.

Appeal Process

The complainant or the respondent may file an appeal of the Responsible Administrator’s written notice of findings. An appeal on the record is limited in scope to whether the College followed its own process.

Any appeal must be submitted in writing to the President within five (5) working days of the date of the written notice of findings. The appeals process is not for the purpose of discputing the final factual findings.

This appeal must allege a procedural violation. The role of the President in the appeal is to make sure that the process was followed and the investigation was conducted fairly and thoroughly for all parties involved and in a timely manner. No new evidence that was available during the investigation process may be submitted through the appeals process.

Appeal Step 1: Convene the Hearings Committee.

Upon receipt of the written appeal, the President or designee will contact the chair of the Harassment /Discrimination Hearings Committee. In consultation with the President or their designee, the chair of the Harassment/Discrimination Committee will first assess whether the appeal documents meet the grounds for appeal. If the chair confirms the appeal meets the established grounds, the chair will convene the Harassment/Discrimination Committee for an administrative review hearing within ten (10) working days of receipt of the written request for appeal.

Appeal Step 2: Hearings Committee conducts a hearing.

The hearings committee conducts a confidential administrative review hearing. Normally, the official record will include the following items: the original complaint; the investigator's report (including statements of witnesses) and the Responsible Administrator’s final notice of findings and remedies.

Before adjourning to executive session for its deliberations, the hearings committee may invite brief written or verbal statements from the complainant and the respondent. The hearings committee will not hear new witnesses or statements from other parties. Both the complainant and the respondent may bring up to two advisors. Respondents or complainants who are subject to a collective bargaining agreement have a right to have a union representative as well as an advisor present during any investigatory interviews. The union representative fills the position of one of the two advisors allowed.

Confidentiality will be maintained with regard to the hearing and the complaint in order to protect the due process rights of both parties. All advisors who are present as part of this administrative review hearing will also be required to maintain confidentiality of the information presented at the hearing.

The hearings committee may develop additional procedural guidelines that are not in conflict with this procedure only after providing notice in advance to the complainant and the respondent.

Appeal Step 3: Hearings Committee Submits its Report to the President.

The hearings committee will have up to 5 working days from the date of the hearing to submit a written report of its findings to the President. The findings will address the Responsible Administrator’s application of sexual misconduct, sexual harassment, or gender-based discrimination policies to the facts of the situation. The review by the hearings committee is limited to whether or not the College properly followed the complaint procedure. If the hearings committee finds that the complaint procedure was not followed, the hearings committee may recommend that the investigation or resolution process be corrected. The hearings committee will not conduct this procedural correction.

The Responsible Administrator, in consultation with the President will consider the hearings committee's recommendation and either confirm the need for a correction or verify that the original process was completed properly.

If the complainant or respondent is a faculty member, and the Responsible Administrator confirms that good cause exists for a process correction, then the Responsible Administrator will request an extension of the contractual complaint time lines from the faculty Association. Association approval of such requests for time line extensions will not be unreasonably withheld.

The Responsible Administrator will send written notice to the complainant and the respondent concerning the need for procedural corrections. The notice will include the timeline for completion of any such procedural corrections. The Responsible Administrator will notify the complainant and the respondent when any such procedural corrections are completed before referring the decision back to the College President. The Responsible Administrator may either confirm the original decision or submit an addendum for the decision to the College President within 10 days from the date the hearings committee recommended the correction.

The hearing committee's advisory report may include both majority and dissenting opinions.

Appeal Step 4: The College President notifies the complainant and the respondent of the decision.

The President has up to 10 working days to review the hearing committee's report, review the Responsible Administrator’s decision and addendum (if any), make a final decision about the complaint and send written notification of that decision to the complainant and the respondent. The College President shall deliver the final decision to the complainant and the respondent.

Notification of the President's decision may be delivered to the complainant electronically, directly by a representative of the college, or by the U.S. Postal Service, depending upon the circumstances and the complainant's location.

The College President will return the official complaint file to Human Resources or Title IX Coordinator’s office after delivery of the final decision to the complainant and the respondent.

Definitions

Primary Contact for Staff: Dennis Carr
Contact Email: carrd@lanecc.edu

Primary Contact for Students: Kerry Levett
Contact Email: levettk@lanecc.edu

Date Adopted

Tuesday, January 10, 2017

Date Last Reviewed

Monday, March 20, 2017