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said evidence shall be available to the parties for inspection and review at any
<br />hearing.
<br />C. Investigative Report: Within ten (10) business days of receiving the parties'
<br />responses to the evidence and/or expiration of the deadline for submission of
<br />the responses, the investigator shall send to the parties, a written investigative
<br />report that summarizes relevant evidence. The parties shall have 10 business
<br />days to submit to the investigator a written response.
<br />Consolidated Complaints: Where a decision has been made to
<br />consolidate complaints, the investigator may create a single
<br />investigative report for all said complaints.
<br />Parties' Response: In the written response, parties may propose
<br />corrections, provide appropriate context, raise defenses, identify
<br />missing relevant evidence or raise any other issues in relation to
<br />the evidence they feel it is important for the Grievance Officer to
<br />consider. Failure to submit a response will NOT preclude the
<br />parties from raising those issues later in the Grievance Process,
<br />such as during any future hearing.
<br />V. Grievance Procedures--Pre-Hearing
<br />A. Submission of Investigative Report & Response(s): Within one (1) business
<br />day of receiving the parties' responses or expiration of the deadline to submit
<br />said responses, the investigator shall send a copy of the investigative report
<br />and the parties' responses, if any, to the Lead Title IX Coordinator.
<br />B. Title IX Determination: The Lead Title IX Coordinator shall review the
<br />investigative report and responses thereto and decide whether or not the
<br />alleged conduct, if proven, would constitute Sex Discrimination or Sexual
<br />Harassment as defined by Title IX of the Education Amendments of 1972 (20
<br />U.S.C. 1681, et. seq.) and its implementing regulations (34 CFR §106 et. sec.).
<br />A written decision and reasons therefore shall be sent to the parties within ten
<br />(10) business days of the Lead Title IX Coordinator's receipt of the investigative
<br />report and responses:
<br />1. Title IX Compliant Hearing Referral: If the Lead Title lX Coordinator
<br />determines that the alleged conduct, if proven, does constitute Sex
<br />Discrimination or Sexual Harassment as defined by Title IX, the Lead
<br />Title IX Coordinator shall appoint a Grievance Officer to conduct a
<br />hearing in accordance with Section VII below.
<br />2. Dismissal of Formal Complaint: If the Lead Title IX Coordinator
<br />determines that the alleged conduct, if proven, does not constitute
<br />Sex Discrimination or Sexual Harassment as defined by Title IX, the
<br />Formal Complaint shall be dismissed. The Lead Title IX Coordinator
<br />also has discretion to dismiss the Formal Complaint or any
<br />allegations therein if:
<br />I. The Complainant notifies the Lead Title IX Coordinator
<br />in writing that the Complainant would like to withdraw
<br />the Formal Complaint or allegations therein;
<br />ii. The Respondent is no longer enrolled or employed by
<br />the College; or
<br />Ill. Specific circumstances prevent the College from
<br />gathering evidence sufficient to reach a determination
<br />as to the Formal Complaint.
<br />Referral to Other College Processes: If, in the course of
<br />investigating the Formal Complaint, conduct is alleged or
<br />discovered that may violate any other College Policy (e.g., the Code
<br />of Student Conduct), the Lead Title IX Coordinator may refer the
<br />matter for consideration through any other applicable College
<br />process.
<br />C. Appeal of Title IX Determination: To the extent the Lead Title IX
<br />Coordinator determines that the alleged conduct does not constitute Sex
<br />Discrimination or Sexual Harassment as defined by Title IX, that decision may
<br />be appealed by any party, utilizing the process set forth in Section E below.
<br />Any other applicable process should not proceed until the appeal has been
<br />decided or the deadline for filing an appeal has expired.
<br />VI. Grievance Procedures —Hearing & Appeal
<br />A. Assignment of the Grievance Officer: Within three(3) business days of the
<br />Title IX Determination set forth in Section VI. C above (which deadline may be
<br />extended if an appeal of the determination has been filed), the Lead Title IX
<br />Coordinator will appoint a G rievance Officer to conduct a hearing to determine
<br />responsibility. A copy of the investigative report and party response(s), if any,
<br />shall be provided to the Grievance Officer. Within three (3) business days of
<br />the assignment, written notice of the identity of and contact information for
<br />the Grievance Officer and an explanation of the process for challenging the
<br />assignment based on conflict of interest or bias shall be sent to all parties. Any
<br />challenge must be resolved before the hearing process may begin.
<br />B. Notice of Hearing: Within three(3) business days following assignment of
<br />the Grievance Officer or any decision regarding a challenge to that assignment,
<br />the Grievance Officer shall notify the parties, in writing, of the date, time, and
<br />location of the hearing along with their Notice of Hearing Rights &
<br />Responsibilities. The Notice of Hearing must be sent at least ten (10) business
<br />days prior to the assigned hearing date.
<br />Consolidated Complaints: In situations where complaints have
<br />been consolidated as described herein, the Grievance Officer may
<br />choose to conduct a single hearing, or divide the hearings, as
<br />appropriate. Parties have the right to object to consolidation if
<br />they believe such consolidation would prejudice their rights. Any
<br />objection shall be heard by the Grievance Officer before the start
<br />of the hearing.
<br />Consolidated Hearings: In situations that involve Prohibited
<br />Conduct and conduct that may violate other College Policies or
<br />standards of conduct, the College reserves the right to consolidate
<br />the hearings on all conduct violations utilizing these procedures.
<br />The Notice of Hearing will include any decision to consolidate
<br />hearings.
<br />C. Advisor identification: Within ten (10) business days prior to the assigned
<br />hearing date, the parties must notify the Grievance Officer, in writing, of the
<br />name and contact information of the advisor they have chosen to attend the
<br />hearing and conduct questioning on their behalf. The Grievance Officer will
<br />assign an advisor to attend the hearing for any party who fails to provide this
<br />notification. The College will ensure that any assigned advisor understands the
<br />purpose and scope of her/his role, including how to conduct questioning.
<br />D. Hearing
<br />Live Hearing: A live hearing will be conducted with all parties
<br />physically present in the same geographic location, or "virtually'
<br />present through the use of technology enabling the participants to
<br />simultaneously bar and see one another. An audio or audiovisual
<br />recording, or transcript of the hearing will be created and available
<br />forinspection and review by any party.
<br />Closed Hearing: The hearing shall be closed, meaning that only the
<br />parties and decision-maker(s) shall be present for the entirety of
<br />the hearing. Witnesses will be present (virtually or in person) only
<br />while providing their testimony.
<br />Opening Remarks: The Grievance Officer will open the hearing by
<br />summarizing the following:
<br />I. The allegations contained in the Formal Complaint;
<br />U. The sections of the applicable Policy implicated by the
<br />allegations; and
<br />iii. The guidelines and rules governing the hearing.
<br />2020-2021 Garden Grove Catalog I Publication Date: November 30, 2020 1 Effective July 1, 2020 through June 30, 2021
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