|
5. Review Process: For purposes of considering and coming to a
<br />conclusion about the appeal, the Lead Title IX Coordinator will
<br />provide the Appellate Officer with access to the Appeal, written
<br />responses thereto, written determination subject to appeal,
<br />Hearing record (if applicable), Investigative Report and any other
<br />relevant records received, created or maintained as part of these
<br />procedures. The Appellate Officer has authority to conduct
<br />additional interviews or inquiries only as maybe necessary to seek
<br />clarification on issues specifically raised in the Appeal.
<br />6. Appeal Decision: Within ten (10) business days following receipt
<br />of the Appeal and relevant materials, the Appellate Officer will
<br />make a determination and provide written notice to all parties,
<br />with a copy to the Lead Title IX Coordinator, of the result of the
<br />appeal and the rationale for that result.
<br />VII. Informal Resolution:
<br />A. Applicable Process: To the extent the College offers an informal resolution
<br />process through other policies or procedures applicable to the parties, the
<br />parties may request that the Lead Title IX Coordinator refer the matter to the
<br />Informal Resolution process. This may be done at any time prior to a
<br />determination of responsibility set forth above.
<br />B. Conditions: The following conditions must be met for the Lead Title IX
<br />Coordinator to refer the matter for informal resolution:
<br />1. The Lead Title IX Coordinator determines that the matter is
<br />appropriate for informal resolution;
<br />2. The matter does not involve allegations that an employee sexually
<br />harassed a student;
<br />3. The Lead Title IX Coordinator provides written notice to the parties
<br />of
<br />I. The allegations;
<br />ii. The requirements of the informal resolution process,
<br />including any circumstances that might preclude the
<br />parties from resuming the process described herein;
<br />iii. The process to challenge the appointment of an
<br />informal resolution facilitator due to a conflict of
<br />interest or bias;
<br />ii the consequences of participation in informal
<br />resolution, including any records that could be created,
<br />maintained or shared;
<br />V. the right to withdraw from the informal resolution
<br />process at any time prior to reaching agreement.
<br />4. The Lead Title IX Coordinator has obtained voluntary written consent
<br />to informal resolution from all parties.
<br />C. Effect: If the conditions have been met and the parties' consent to
<br />participation in the informal resolution process, any proceedings initiated
<br />herein shall be suspended unless the Lead Title IX Coordinator determines that
<br />doing so would put others at risk. These Grievance Procedures may be
<br />resumed at the request of either party at anytime during the informal process.
<br />Vlll. Emergency Removal: Anytime after the receipt of a report of Prohibited
<br />Conduct, the College may consider an emergency removal of Respondent from
<br />Campus, some part of Campus or from and the College's education programs
<br />or activities so long as the following conditions are met.
<br />A. Required Assessment: The College performs an individualized
<br />safety and risk assessment that determines whether or not there
<br />Is an immediate threat to the physical health or safety of any
<br />individual (student, employee or third party) arising from the
<br />allegations that justifies removal.
<br />B. Notice: If the College decides to Implement an emergency
<br />removal, it will provide written notice to the Respondent of that
<br />decision explaining the implications of that removal, the length of
<br />time the removal will remain in effect, and the Respondent's
<br />right to challenge the decision.
<br />Effect of Removal: Any investigation into or determination of
<br />responsibility regarding allegations of Prohibited Conduct will
<br />follow the procedures contained herein, regardless of the
<br />Respondent's removal, though additional precautions may be
<br />necessary to address any ongoing threat.
<br />IX. Recordlceeping: The Lead Title IX Coordinator shall keep for a period of 7
<br />years from the date they were created, records of each investigation,
<br />determination regarding responsibility, hearing transcript or recording,
<br />sanctions imposed on a Respondent, remedies provided to a Complainant,
<br />appeal and result therefrom, informal resolution, training materials
<br />described herein, actions and supportive/protective measure taken or
<br />refused in response to reports of Prohibited Conduct.
<br />Definitions. For purposes of this policy and these procedures, the following
<br />terms shall have the meanings set forth below:
<br />1. Actual Knowledge: Notice of Prohibited Conduct or allegations of
<br />Prohibited Conduct made to the Lead Title IX Coordinator or
<br />Officials With Authority.
<br />L Officials With Authority: The following campus leaders are
<br />considered "Officials With Authority" who are deemed to
<br />have Notice of Prohibited Conduct or allegations of
<br />Prohibited Conduct —Campus President, Academic Dean and
<br />Director of Student Affairs/Title IX Coordinator. Any other
<br />campus employee is not an Official With Authority and should
<br />direct any Complainant to an Official With Authority or take
<br />the Complainant's statement and bring it to an Official With
<br />Authority.
<br />2. Affirmative Consent: Affirmative, conscious, and voluntary
<br />agreement to engage in sexual activity. It is the responsibility of
<br />each person involved in sexual activity to ensure that the others)
<br />involved affirmatively consent(s) to engage in sexual activity. Lack
<br />of protest or resistance does not mean consent, nor does silence
<br />mean consent. Affirmative consent must be ongoing throughout a
<br />sexual activity and can be revoked at any time. The existence of a
<br />dating relationship between the persons involved, or the fact of
<br />past sexual relations between them should never by itself be
<br />assumed to be an indicatorof consent. Valid consent does not exist
<br />if Respondent knew or should have known that Complainant was
<br />unable to consent because Complainant was asleep or
<br />unconscious; was Incapacitated due to drugs, alcohol or
<br />medication; or Complainant was unable to communicate due to a
<br />mental or physical condition.
<br />3. Amnesty: Protection from disciplinary action against a reporting
<br />party, Complainant, or witness for participation in the reporting,
<br />investigation or adjudication of Prohibited Conduct for a violation
<br />of the College's conduct policies related to the incident unless the
<br />College determines that the violation was egregious, including but
<br />not limited to, an action that places the health or safety of any
<br />other person at risk.
<br />4. Complainant: An individual at whom conduct that meets the
<br />definition of Prohibited Conduct is directed or alleged to have been
<br />directed. A Complainant must be participating or attempting to
<br />participate in the College's education program or activity at the
<br />time of filing a formal complaint. A person may be a complainant,
<br />or a respondent, even where no formal complaint has been filed
<br />and no grievance process is pending
<br />5. Days: Any reference to "days" contained in these procedures shall
<br />mean business days, excluding all recognized federal and state
<br />holidays and breaks during which classes are not in session.
<br />2020-2021 Garden Grove Catalog IPublication Date: November 30, 2020 1 Effective July 1, 2020 through June 30, 2021
<br />M
<br />
|