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A, Assignment of Investigator; Within three (3) business
<br />days of the receipt of a Formal Complaint, the Lead
<br />Title IX Coordinator shall appoint an Investigator. The
<br />Identity of and contact information for the assigned
<br />investigator shall either be included In the Notice of
<br />Formal Complaint described in Section II, A, above or
<br />the Lead Title IX Coordinator shall send written notice
<br />to all parties containing that Information along with an
<br />explanation of the process for challenging the
<br />assignment based on conflict of interest or bias. Any
<br />challenge must be resolved before the Investigation
<br />process may begin.
<br />B. Evidence Gathering: The investigator shall be
<br />responsible for gathering evidence, both Inculpatory
<br />and exculpatory, relevant to the allegations contained in
<br />the Formal Complaint, At minimum, the investigator
<br />shall take reasonable steps to interview all parties. After
<br />available evidence has been gathered, the investigator
<br />will send the parties and their advisors (If any) the
<br />evidence directly related to the allegations raised in the
<br />Formal Complaint in either electronic or hard copy
<br />format (at the discretion of the investigator). The parties
<br />shall have io days to submit a written response to the
<br />investigator, which response will be considered In
<br />completing the Investigative report, All said evidence
<br />shall be available to the parties for inspection and
<br />review at any hearing,
<br />C. Investigative Report: Within ten (1o) business days of
<br />receiving the parties' responses to the evidence and/or
<br />expiration of the deadline for submission of the
<br />responses, the investigator shall send to the parties, a
<br />written investigative report that summarizes relevant
<br />evidence. The parties shall have 10 business days to
<br />submit to the investigator a written response.
<br />1. Consolidated Complaints; Where a decision has
<br />been made to consolidate complaints, the Investigator
<br />may create a single investigative report for all said
<br />complaints.
<br />2. Parties' Response: In the written response, parties
<br />may propose corrections, provide appropriate context,
<br />raise defenses, identify missing relevant evidence or
<br />raise any other issues in relation to the evidence they
<br />feel it is important for the Grievance Officer to consider.
<br />Failure to submit a response will NOT preclude the
<br />parties from raising those issues later in the Grievance
<br />Process, such as during any future hearing.
<br />V. Grievance Procedures--Pre-Hearing
<br />A. Submission of Investigative Report & Response(s):
<br />Within one W business day of receiving the parties'
<br />responses or expiration of the deadline to submit said
<br />responses, the investigator shall send a copy of the
<br />Investigative report and the parties' responses, if any, to
<br />the Lead Title IX Coordinator.
<br />B. Title IX Determination: The Lead Title IX Coordinator
<br />shall review the investigative report and responses
<br />thereto and decide whether or not the alleged conduct,
<br />if proven, would constitute Sex Discrimination or Sexual
<br />Harassment as defined by Title IX of the Education
<br />Amendments of 1972 (20 U,S,C.1681. et. seq.) and its
<br />implementing regulations (34 CFR §io6 at, seq.). A
<br />written decision and reasons therefore shall be sent to
<br />the parties within ten (1o) business days of the Lead
<br />Title IX Coordinator's receipt of the investigative report
<br />and responses:
<br />1. Title IX Compliant Hearing Referral: If the Lead Title
<br />IX Coordinator determines that the alleged conduct, if
<br />proven, does constitute Sex Discrimination or Sexual
<br />Harassment as defined by Title IX, the Lead Title IX
<br />Coordinator shall appoint a Grievance Officer to conduct
<br />a hearing in accordance with Section VII below.
<br />2. Dismissal of Formal Complaint: If the Lead Title IX
<br />Coordinator determines that the alleged conduct, if
<br />proven, does not constitute Sex Discrimination or
<br />Sexual Harassment as defined by Title IX, the Formal
<br />Complaint shall be dismissed. The Lead Title IX
<br />Coordinator also has discretion to dismiss the Formal
<br />Complaint or any 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
<br />by 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 />3• Referral to Other College Processes: If, in the course
<br />of investigating the Formal Complaint, conduct is
<br />alleged or discovered that may violate any other
<br />College Policy (e.g.. the Code of Student Conduct), the
<br />Lead Title IX Coordinator may refer the matter for
<br />consideration through any other applicable College
<br />process,
<br />C. Appeal of Title IX Determination: To the extent the
<br />Lead Title IX Coordinator determines that the alleged
<br />conduct does not constitute Sex Discrimination or
<br />Sexual Harassment as defined by Title IX, that decision
<br />may be appealed by any party, utilizing the process set
<br />forth in Section E below, Any other applicable process
<br />should not proceed until the appeal has been decided
<br />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)
<br />business days of the Title IX Determination set forth in
<br />Section VI, C above (which deadline may be extended if
<br />an appeal of the determination has been filed), the Lead
<br />Title IX Coordinator will appoint a Grievance Officer to
<br />2022-2023 Garden Grove Catalog I Publication Date: May 20, 20231 Effective July 1, 2022 through June 30, 2023
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