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3. The identity of the parties involved in the alleged incident, includingthe Complainant and witnesses, if any are known; 4. The date, time and location ofthe alleged incident (if known); 5. The parties' right to an advisor of their choice, who may, but need not, be an attorney; 6. A statement that the Respondent is presumed "not responsible" for the alleged conduct and that a determination will be made only at the conclusion of the Grievance Procedures; 7. A statement regarding the parties' rightto inspect and review evidence; g. The provision of any College policy that prohibits knowingly making false statements or knowingly submitting false Information to a College official during these or other College proceedings. 9. A statement prohibiting retaliation; 10. A statement regarding the availability of resources and Supportive Measures forthe parties; and 11. A statement regarding Concorde's dutyto update the Notice If there are any substantive changes to the information contained in the original Notice (e.g., the inclusion of additional allegations in the investigation or receipt of new evidence, Including but not limited to the identity of additional witnesses). D. Consolidation of Formal Complaints: Concorde may consolidate Formal Complaints containing allegations of Prohibited Conduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations arise out of the same facts or circumstances. E. Informal Resolution: At any time following the filing of a Formal Complaint, Concorde may consider whether or not Informal Resolution, as described In Section Vlll of these Procedures, may be appropriate. Ill. Grievance Procedures —General A. Timeframes and Extensions: The parties have the right to expect that the Grievance Procedures set forth herein will begin promptly following the filing of a Formal Complaint and proceed in a timely manner. Concorde shall consider requests for extensions or delays, only for good cause. If the process is delayed or a deadline is extended, the College will so notify the parties, in writing, The College will make a good faith effort to complete the grievance process within 60-90 days, though extensions may be allowed for good cause. B. Fair and Equitable Treatment of all Parties: The College will provide fair and equitable treatment to all parties involved in the Grievance Process, including the following: 1. Every Complainant has the right to be taken seriously and every Respondent has the right to know that guilt is not presumed. 2. All parties will have an equal opportunity to inspect and review evidence, both inculpatory and exculpatory, obtained as part of investigation that is directly related to allegations raised in a Formal Complaint; 3. All parties will have an equal opportunity to presentfact and expert witnesses, and other inculpatory or exculpatory evidence; 4. Concorde will conduct an objective evaluation of all relevant evidence; 5. All parties may be accompanied by an advisor oftheir choice during any aspect of the Grievance Process where the party's presence has been requested; 6. Concorde will not place a limit on the choice of advisor for either party, though said advisor will be expected to abide by any applicable rules of decorum established by Concorde; Any written notice to a party whose participation is invited or expected will contain the date, time, location, identity of participants and purpose of the meeting/hearing and will be sent with sufficient time to a Ilow the parties to prepare to participate; The parties will not be restricted from discussing the allegations under investigation, or from gathering evidence or witnesses bearing in mind that conduct constituting Retaliation or witness tampering or intimidation is a violation of Concorde's retaliation statement within the college catalog. Any written notice, report or determination made In accordance with the Grievance Process shall be sent simultaneously to all parties involved. C. Prohibited Evidence: The following evidence will not be sought, relied upon or otherwise used in the investigation of a Formal Complaint or in making a determination about responsibility: 1. Information protected by a legally recognized privilege, UNLESS the person holding the privilege has provided Concorde with voluntary written consent to use such information or has otherwise waived the privilege; 2. Information about the Complainant's past sexual behavior or predisposition EXCEPT in compliance with federal rape shield and other statutory protections. D. Sanctions & Remedies: A final determination of responsibility for Prohibited Conduct against a Respondent may result in the sanctions up to and including termination of enrollment in and/or employment with Concorde. E. Qualifications of Investigators, Decision -Makers and Facilitators: All those involved in the investigation or resolution of allegations of Prohibited Conduct shall: Serve impartially and be free from actual or reasonably perceived conflicts of interest or bias; and Be trained, as required by law, to include: definitions of and issues related to Prohibited Conduct; how to conduct an investigation and hearing; how to serve impartially and avoid prejudgment; how to make determinations on relevancy of evidence; how to create an investigative report; how to evaluate credibility; how to synthesize evidence; and how to avoid sex stereotypes or generalizations based on sex. IV. Grievance Procedures —Investigation A. Assignment of Investigator: Within three (3) business days of the receipt of a Formal Complaint, the Lead Title IX Coordinator shall appoint an investigator. The identity of and contact information for the assigned investigator shall either be included in the Notice of Formal Complaint described in Section II. A. above or the Lead Title IX Coordinator shall send written notice to all parties containing that information along with an explanation of the process for challenging the assignment based on conflict of interest or bias. Any challenge must be resolved before the investigation process may begin. B. Evidence Gathering: The investigator shall be responsible for gathering evidence, both inculpatory and exculpatory, relevant to the allegations contained in the Formal Complaint. At minimum, the investigator shall take reasonable steps to interview all parties. After available evidence has been gathered, the investigator will send the parties and their advisors (if any) the evidence directly related to the allegations raised in the Formal Complaint in either electronic or hard copy format (at the discretion of the investigator). The parties shall have 10 days to submit a written response to the investigator, which response will be considered in completing the investigative report. All 2020-2021 Garden Grove Catalog I Publication Date: November 30, 2020 1 Effective July 1,2020 through June 30, 2021