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11. A statement regarding Concorde's duty to update <br />the Notice if there are any substantive changes to the <br />information contained in the original Notice (e.g„ the <br />inclusion of additional allegations in the investigation or <br />receipt of new evidence, including but not limited to the <br />identity of additional witnesses). <br />D, Consolidation of Formal Complaints: Concorde may <br />consolidate Formal Complaints containing allegations <br />of Prohibited Conduct against more than one <br />Respondent, or by more than one Complainant against <br />one or more Respondents, or by one party against the <br />other party, where the allegations arise out of the same <br />facts or circumstances. <br />E. Informal Resolution: At any time following the filing <br />of a Format Complaint, Concorde may consider <br />whether or not Informal Resolution, as described in <br />Section VIII of these Procedures, may be appropriate. <br />III. Grievance Procedures —General <br />A. Timeframes and Extensions; The parties have the <br />right to expect that the Grievance Procedures set forth <br />herein will begin promptly following the filing of a <br />Formal Complaint and proceed in a timely manner, <br />Concorde shall consider requests for extensions or <br />delays, only for good cause. If the process is delayed or <br />a deadline is extended, the College will so notify the <br />parties, in writing. The College will make a good faith <br />effort to complete the grievance process within 6o-go <br />days, though extensions may be allowed for good <br />cause. <br />B, Fair and Equitable Treatment of all Parties: The <br />College will provide fair and equitable treatment to all <br />parties involved in the Grievance Process, including the <br />following. <br />1. Every Complainant has the right to be taken seriously <br />and every Respondent has the right to know that guilt is <br />not presumed. <br />2. All parties will have an equal opportunity to inspect <br />and review evidence, both inculpatory and exculpatory, <br />obtained as part of investigation that is directly related <br />to allegations raised in a Formal Complaint; <br />3. All parties wit[ have an equal opportunity to present <br />fact and expert witnesses, and other inculpatory or <br />exculpatory evidence; <br />4. Concorde will conduct an objective evaluation of all <br />relevant evidence; <br />6. All parties may be accompanied by an advisor of their <br />choice during any aspect of the Grievance Process <br />where the party's presence has been requested; <br />6. Concorde will not place a limit on the choice of <br />advisor for either party, though said advisor will be <br />expected to abide by any applicable rules of decorum <br />established by Concorde; <br />7. Any written notice to a party whose participation is <br />invited or expected wit[ contain the date, time, location, <br />identity of participants and purpose of the meeting/ <br />hearing and will be sent with sufficient time to allow the <br />parties to prepare to participate; <br />8. The parties will not be restricted from discussing the <br />allegations under investigation, or from gathering <br />evidence or witnesses bearing in mind that conduct <br />constituting Retaliation or witness tampering or <br />intimidation is a violation of Concorde's retaliation <br />statement within the college catalog, <br />g. Any written notice, report or determination made in <br />accordance with the Grievance Process shall be sent <br />simultaneously to all parties involved, <br />C, Prohibited Evidence: The following evidence will not <br />be sought, relied upon or otherwise used in the <br />investigation of a Formal Complaint or in making a <br />determination about responsibility: <br />i, Information protected by a legally recognized <br />privilege, UNLESS the person holding the privilege has <br />provided Concorde with voluntary written consent to <br />use such information or has otherwise waived the <br />privilege; <br />2. Information about the Complainant's past sexual <br />behavior or predisposition EXCEPT in compliance with <br />federal rape shield and other statutory protections. <br />D. Sanctions & Remedies: A final determination of <br />responsibility for Prohibited Conduct against a <br />Respondent may result in the sanctions up to and <br />including termination of enrollment in and/or <br />employment with Concorde. <br />E. Qualifications of Investigators, Decision -Makers and <br />Facilitators: All those involved In the investigation or <br />resolution of allegations of Prohibited Conduct shall: <br />1, Serve Impartially and be free from actual or <br />reasonably perceived conflicts of interest or bias; and <br />2. Be trained, as required by law, to include: definitions <br />of and Issues related to Prohibited Conduct; how to <br />conduct an investigation and hearing; how to serve <br />Impartially and avoid prejudgment; how to make <br />determinations on relevancy of evidence; how to create <br />an Investigative report, how to evaluate credibility; how <br />to synthesize evidence; and how to avoid sex <br />stereotypes or generalizations based on sex. <br />IV. Grievance Procedures —Investigation <br />2022-2023 Garden Grove Catalog I Publication Date: May 20, 2023 1 Effective July 1, 2022 through June 30, 2023 <br />62 <br />