- Submitting a Complaint. Complaints may be made orally or in writing. This procedure provides Students with a process to address alleged violations of this Policy by an Employee (including faculty), another Student or a Third Party. To report alleged violations or to submit a complaint, a Student shall contact the Assistant Dean of Students in The Center for the Student Experience (CSE) or the Director of Public Programs for Students in this program. The date of receipt shall be deemed to be the Complaint submission date.
The Assistant Dean of Students or Director of Public Programs may refer the Complaint to the DHR Administrator and Title IX Coordinator for investigation if the Responding Party or Complainant is a College Employee. The Assistant Dean of Students or Director of Public Programs may refer the Complaint to the DHR Administrator and Title IX Coordinator for investigation if the Responding Party is a Third Party. If appropriate, a referral may be made to an off-campus, qualified investigator.
This procedure provides Employees with a process to address alleged violations of this Policy by an Employee, another Student or a Third Party. To report alleged violations, an Employee shall contact the DHR Administrator and Title IX Coordinator for investigation if the Responding Party or Complainant is a College Employee.
- Timeline for Submitting a Complaint. Complaints should be brought forward as soon as possible after the conduct occurs. While there is no stated timeframe for making a Complaint, prompt reporting will better enable the College to respond to the Complaint, determine the relevant issues, and provide an appropriate remedy and/or action. All incidents should be reported even if a significant amount of time has passed. However, delaying a report or Complaint may impede the ability to conduct an investigation or take appropriate remedial actions. There may be applicable statutes of limitations for further criminal or civil enforcement.
- Complaint Requirements. To submit a Complaint, the Complainant may contact the Assistant Dean of Students, the Director of Public Programs or the DHR Administrator and Title IX Coordinator pursuant to the procedures to file a Complaint above. A written Complaint is not required; however, the Complainant may submit a written Complaint, subject to the following requirements:
- The Complainant’s full name, address (including email address) and telephone number(s);
- The Complainant’s job title, position or Student status;
- The term and year of the Complainant’s most recent active academic status or the term and year in which s/he sought admission to the College, if a Student;
- The name of the Respondent(s) and job title, position or Student status, if known;
- The Protected Status that is the basis for any alleged Discrimination, Harassment or Retaliation, the Respondent’s activity that is the basis for the alleged Retaliation, or whether Dating Violence, Domestic Violence or Stalking is alleged;
- A clear, concise statement of the facts that constitute the allegations, including pertinent date(s) and sufficient information to identify any individuals who may provide relevant information during the course of any investigation;
- A statement verifying that the information provided is true and accurate to the best of the Complainant’s knowledge;
- The full name, address and telephone number of the Complainant’s Advisor, if any;
- The specific harm resulting from the allegations;
- The specific remedy sought;
- The Complainant’s signature; and the date on which the Complaint is submitted.
For convenience, the Complaint Form
can be completed and submitted to the appropriate person identified in this policy above.
- Investigation Procedure. The Complainant and the Respondent shall have equal opportunities to present relevant witnesses and evidence in connection with the investigation and equal access to information being considered in the investigative process, consistent with FERPA. The College will conduct a fair and impartial investigation to be completed no later than 60 Calendar Days after the intake interview, unless the timeline has been extended by mutual written agreement by the Complainant and the Assistant Dean of Students, Associate Provost for Faculty Affairs or the DHR Administrator and Title IX Coordinator. The timeline should not be extended for a period longer than an additional 30 Calendar Days from the original due date. Upon inquiry, the Complainant and Respondent shall be advised of the status of the investigation.
- Investigation Report. Within the investigation period stated above, the Assistant Dean of Students, the Associate Provost for Faculty Affairs, the DHR Administrator and Title IX Coordinator or Investigator shall prepare an investigation report. The report shall include a summary of the allegations, the investigation process, the Preponderance of the Evidence standard, a detailed description of the evidence considered, and appropriate findings.
- Notice of Investigation Outcome. Within 10 Calendar Days of issuance of the final investigation report, the Assistant Dean of Students, the Associate Provost for Faculty Affairs or the DHR Administrator and Title IX Coordinator shall notify the Complainant and Respondent in writing and in person of the outcome of the investigation. If an in-person meeting is not possible, a written report will be mailed to the last known address. The Notice shall include a summary of the allegations, the investigative process, the Preponderance of the Evidence standard, the evidence considered, the findings of fact, a determination as to whether this Policy was violated, and if so, any Remedies to be afforded to the Complainant (such as a directive that the Respondent not contact the Complainant). The Notice shall advise the Complainant and Respondent of their right to submit an appeal under this Policy and of the College’s no-retaliation policy for having participated in or submitted a Complaint.
- Submitting an Appeal. Any Complainant or Respondent may submit an appeal no later than 10 Calendar Days after the date of the Notice of Investigation Outcome, as follows:
- The appeal shall be submitted to the Associate Provost for Student Affairs/Dean of Students if the Complainant and Respondent are Students.
- The appeal shall be submitted to the Managing Director of Public Programs if the Complainant and Respondent are Public Programs Students.
- The appeal shall be submitted to the Provost if the Complainant is a Student and the Respondent is a faculty member or if the Complainant is a faculty member and the Respondent is a Student.
- The appeal shall be submitted to the Vice President of Human Resources if the Complainant is a Student or staff member and the Responding Party is a staff member.
- Written Appeal Required. The appeal shall be in writing and shall be based on one or more of the appeal issues listed below:
- New, compelling evidence not available at the time of the investigation; or
- Evidence of a mistake or fraud in the investigation process, or prejudicial procedural errors impacted the investigation outcome to such a degree that the investigation did not comply with this Policy; or
- The investigation outcome is unsupported by the evidence, based on the Preponderance of the Evidence standard; or
- Compelling argument that the sanctions imposed are not consistent with the severity of the violation(s).
- Issues and Evidence on Appeal. Both Parties have the right to participate equally in the appeal process even if one Party has not submitted the appeal. The issues and evidence raised on appeal shall be limited to those raised and identified during the investigation, unless new evidence becomes available after the investigation process and is made part of the appeal by the appealing Party. The administrator receiving the appeal may conduct an interview, at his/her discretion, with the appealing Party to clarify the written appeal. Appeals shall be addressed to the applicable administrator identified above:
- Associate Provost for Student Affairs/Dean of Students, The Center for the Student Experience, Ray Quirolgico, firstname.lastname@example.org, 626 396-2325
- Managing Director of Public Programs, Dana Walker-Juick, email@example.com, 626 396-2376
- Provost, Office of the Provost, Fred Fehlau, firstname.lastname@example.org, 626 396-2352
- Vice President, Human Resources, Lisa M. Sanchez, email@example.com, 626 396-2210
- Timeline to Respond to an Appeal. The administrator conducting the appeal review shall respond to the appealing Party no later than 30 Calendar Days after receipt of the written appeal unless the timeline has been extended by mutual written agreement of the Complainant and the administrator conducting the review. The extension shall not exceed 10 Calendar Days from the original due date.
- Appeal Response. The Appeal Response shall include a summary of the issues raised on appeal, a summary of the evidence considered, the Preponderance of the Evidence standard and the determination(s) reached regarding the issue(s) identified within the written appeal. A copy of the final Appeal Response shall be forwarded to the Complainant and Respondent, as well as the DHR Administrator and Title IX Coordinator. The Appeal Response is final and concludes the Complaint and appeal review process under this Policy.