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The Title IX Coordinator/designee in consultation with the Title IX Committee and others (as necessary) will conduct an initial assessment of the conduct, the reporting party’s desired course of action, and the necessity for any interim measures or services to protect the safety of the complainant or the community. The goal is to eliminate any hostile environment. If a report of misconduct discloses a serious or immediate threat to the campus community, Douglas Education Center will issue a timely notification to the community to protect the health or safety of the community. The timely notification will not include any identifying information about the complainant.
V. Sexual Misconduct Resolution Process A. Participant Roles
1. A complainant is the person who has been impacted by an alleged policy violation and has chosen to participate in the resolution process.
2. A respondent is the person who is alleged to have violated Douglas Education Center policy. 3. Parties is a term that refers to the complainant and the respondent collectively.
4. A witness is a person who has knowledge related to specific aspects of a case and may have reported such aspects to the institution.
5. An advisor is a support person who may be present to provide support to a complainant or respondent throughout an investigation and/or hearing provided the choice of advisor does not unduly delay the process. Advisors may not speak, write, or otherwise communicate with investigators, conduct administrators, hearing panel members, or appeal reviewers on behalf of the party being advised. Each party is responsible for coordinating and scheduling with their choice of advisor. A union representative may serve as an advisor, where applicable.
All participants have the responsibility to be truthful with the information they share at all stages of the process. Any individual who knowingly or intentionally provides false information as part of a report or investigation under this policy may be subject to discipline. This provision does not apply to a good faith report that is not substantiated or proven by a preponderance of the evidence.
B. Conflict of Interest
Parties have the opportunity to raise the issue of a potential conflict of interest within two (2) days of being advised of the identity of the investigator, panel member, or appeal reviewer. The Title IX Coordinator/designee will determine whether a conflict of interest exists. No investigator, panelist, or appeal reviewer will make findings or determinations in a case in which they have a conflict of interest.
C. Burden of Proof
The burden of proof refers to who has the responsibility of showing a violation has occurred. It is always the responsibility of Douglas Education Center to satisfy the burden of proof. The respondent does not have the burden to prove that a violation did not occur. Respondents may decide not to share their side of the story or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from Douglas Education Center and does not indicate responsibility. Additionally, the Title IX Committee shall not make an adverse inference against a respondent for the respondent’s refusal to participate in an investigation or hearing, nor will respondent’s refusal to participate result in increased sanctions if the respondent is found responsible for the accusations.
D. Standard of Proof
Douglas Education Center uses the preponderance of the evidence standard in investigations of complaints alleging sexual misconduct and any related violations. This means that the investigation determines whether it is more likely than not that a violation of the policy occurred.
E. Timeline for Resolution
Douglas Education Center will resolve all cases in a prompt and timely manner, however, the timeline will vary based on the circumstances of the case, including breaks in the academic calendar, availability of the parties and witnesses, scope of the investigation, need for interim actions, and unforeseen or exigent circumstances. The parties will be periodically updated on the status of their case.
F. Title IX Outreach
Upon receipt of a report of sexual misconduct, the Title IX coordinator/designee will provide resources and support information by contacting the potential complainant and offering an initial meeting between the reporting party and the Title IX coordinator/designee. The initial meeting is optional and the reporting party may decline. The purpose of the initial meeting is
Page 61 of 88 Catalog Volume 62 -Version 3 Effective June 5, 2020