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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 <br />63 <br />