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If a resolution is reached, the complainant and the respondent shall be notified in writing, and the Title IX Coordinator will confer with appropriate parties to memorialize the agreed upon resolution and any consequences for non-compliance in a memorandum. This memorandum will be included in the respondent’s student record. If no agreement is reached within a reasonable time, the Title IX Coordinator shall proceed with the formal resolution process.
Informal resolution does not result in findings related to responsibility. J. Formal Resolution
1. Notification to Respondent - If a case is referred for formal resolution, the respondent will be notified of the alleged misconduct and given an opportunity to respond. The notification will include the allegations, identities of the parties involved, the specific section(s) of Douglas Education Center policy allegedly violated, the precise conduct allegedly constituting the potential violation, and the date and location of the incident (if known). This notice will be given before any initial interview. Douglas Education Center may modify the list of policies allegedly violated based on additional information learned during investigation.
2. Acceptance of Responsibility - Prior to the conclusion of a sexual misconduct investigation, the respondent may elect to take responsibility for the prohibited conduct by contacting the Title IX Coordinator in writing. The Title IX Coordinator will issue a brief outcome determination summarizing the allegations and stating the respondent has accepted responsibility, and refer the matter to the appropriate office for sanctioning. Following the determination of sanctions, parties may appeal the sanctions but not the finding(s) of responsibility.
3. Investigation - For investigations of respondents who are employees Douglas Education Center will follow applicable requirements in Douglas Education Center’s policy and relevant collective bargaining agreements. For investigations of respondents who are students Douglas Education Center will follow applicable requirements in Douglas Education Center’s policy. During an investigation, the Title IX Coordinator and Title IX Committee will meet with witnesses recommended by both the respondent and complainant (if applicable), and gather evidence provided by both parties or other sources. Both parties will have the opportunity to review evidence gathered during the investigation.
4. Hearings- For hearings for respondents who are employees Douglas Education Center will follow applicable requirements in Douglas Education Center’s policy and relevant collective bargaining agreements. For hearings for respondents who are students Douglas Education Center will follow applicable requirements in Douglas Education Center’s policy. Both parties will be allowed to have witnesses at the hearing and be allowed to have an advisor of their choosing. This advisor could be a friend, family member, member of DEC’s faculty or administration, a member of the clergy, or an attorney.
All hearings will be conducted live using remote technology allowing each party (respondent/advisor, complainant/advisor, and hearing officials) to be in separate rooms. During the hearing each party will allowed to respond to the evidence presented and have the opportunity to cross examine the other party through their advisors. Neither party be allowed to question the other directly. Both parties will have the opportunity to offer input into the sanctions imposed should the hearing board find the respondent responsible.
5. Sanctioning- For sanctions for respondents who are employees Douglas Education Center will follow applicable requirements in Douglas Education Center’s policy and relevant collective bargaining agreements. For sanctions for respondents who are students Douglas Education Center will follow applicable requirements in Douglas Education Center’s policy.
Possible sanctions include:
• A permanent order of No Contact for both the complainant and respondent while on DEC property.
• A permanent change in academic situations for both the complainant and respondent (if possible).
• Education training/remediation plan for the respondent.
• Expulsion or termination of employment from Douglas Education Center.
K. Appeal
The complainant or respondent may appeal the hearing outcome and/or sanction(s).
For appeals by parties who are employees Douglas Education Center will follow applicable requirements in Douglas Education Center policy and relevant collective bargaining agreements. For appeals by parties who are students Douglas Education Center will follow applicable requirements in Douglas Education Center’s policy.
In the event sanctions were imposed, it shall be in the discretion of the Title IX Coordinator, Title IX Committee, and the President whether the sanctions shall be implemented or stayed pending resolution of an appeal.
The limited grounds for appeal are as follows:
• New information that could affect the outcome of the matter and was not reasonably available through the exercise of due diligence at the time of the hearing below;
Page 63 of 88 Catalog Volume 62 -Version 3 Effective June 5, 2020