Interim Practice for Sexual Misconduct Cases
Published June 15, 2020
On May 6, 2020, the U.S. Department of Education announced new Title IX regulations that govern how educational institutions, including ArtCenter, are required to respond to sex/gender-based harassment and discrimination in order to comply with the federal law known as Title IX. These regulations will be effective on August 14, 2020. ArtCenter will publish its new Title IX-related policies on or prior to that date.
In the meantime, the ArtCenter Title IX Office presents this interim practice for cases of sexual harassment, sex discrimination, and other sexual misconduct reported to the College, effective immediately. The College will initiate investigations when alleged sexual misconduct is reported, according to ArtCenter’s current policy, and matters handled through informal resolution may proceed to completion. The Title IX Office will continue to conduct complaint intake, supportive measures, investigations, and informal resolutions as currently outlined in the College’s published policies for all cases reported. However, anticipating procedural changes with the new Title IX regulations, ArtCenter’s interim practice will be to pause formal adjudication procedures and findings until the College’s new sexual misconduct policy and procedures are in place.
The Title IX Office expects that any pause on formal adjudication procedures and findings will have minimal effects, and any delay due to this interim practice will be communicated directly to the involved parties. This interim practice is part of ArtCenter’s commitment to a fair, impartial process for all allegations of sexual misconduct within the ArtCenter community. The interim practice will allow for the College to ensure prompt and equitable investigations into reports of sexual harassment and other types of sexual misconduct and ensure that the College continues to implement the full measure of supportive actions and remedies. The practice also will provide for a consistent approach to case adjudication aligned with federal requirements that will be in place in August.
Questions about this interim practice may be directed to Kristen Entringer, Director, Title IX Compliance and Programs, at Kristen.Entringer@artcenter.edu.
- 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.
- Formal Grievance Process. Matters will be handled according to ArtCenter’s interim practice listed above, pending the publication of new formal grievance procedures on or before August 14, 2020. Please direct questions to Kristen.Entringer@artcenter.edu.