5.17.1 Sexual Misconduct Claims
5.17.1 Sexual Misconduct Claims
Revised: October 1, 2014; October 1, 2016; October 1, 2017; October 1, 2018
HOW TO REPORT SEXUAL MISCONDUCT
Employees are mandated to report any form of sexual misconduct—without fear of reprisal—to the Executive Vice President or the Associate Vice President of Human Resources, who also serves as the Title IX Coordinator, so that the matter can be resolved informally or a confidential investigation may be immediately begun.
Similarly, students have the responsibility to bring any such incident (via written as well as verbal report) to the attention of an administrator so that the matter can be resolved informally or a confidential investigation immediately begun. Curriculum students should contact the Dean of Student Services; continuing education students should contact the Vice President of Continuing Education and Workforce Development; students at the SCC Hoke Center should contact the Dean of the Hoke Center; and students at the Westmoore Center should contact the Vice President of Continuing Education and Workforce Development or the Dean of Student Services. The administrator will then contact the Executive Vice President and the Associate Vice President of Human Resources, who serves as the Title IX Coordinator.
Any student who feels uncomfortable going to the dean/director should go directly to the Associate Vice President of Human Resources or the Executive Vice President.
Any employee or student who is uncomfortable with reporting such sexual misconduct to the individual(s) designated above should go directly to the President who will designate a person to undertake the investigation. If the employee or student is uncomfortable with reporting such sexual misconduct to the president, he or she should go directly to the Chair of the Board of Trustees.
If uncomfortable with reporting the incident to the Board Chair, he or she may go directly to any other member of the Board of Trustees.
In cases where the President is involved, the Board of Trustees shall designate the investigating officer(s).
EDUCATIONAL PROGRAMS AND ACTIVITIES
The Executive Vice President (ext. 3731) and the Associate Vice President of Human Resources (ext. 2868) conduct annual training on sexual misconduct for faculty and staff, various departments, and student groups through informational brochures, online training, and student activities.
RESOLUTION OF SEXUAL MISCONDUCT COMPLAINTS
If informal resolution is not possible, a confidential investigation by the Title IX investigative team may be immediately begun. The Title IX coordinator will oversee the investigators and process. At this point, the President will be notified immediately. If an investigation is warranted, a recommendation will be made to the Title IX Coordinator and a decision will be rendered in a timely fashion.
Process for the investigation and sanctioning of Sexual Misconduct incidents:
- The Title IX Coordinator shall investigate the complaint by separately interviewing the complainant(s), the individual(s) against whom the complaint is filed, and potential witnesses. While an effective investigation cannot promise complete confidentiality of information provided by complainant(s), respondent(s), or witnesses, the College will keep such information and identities confidential to the extent possible.
- If the complaint can be resolved informally, the Title IX Coordinator will pursue that remedy.
- If the complain cannot be resolved informally, the Title IX Coordinator shall appoint the appropriate Title IX investigators to begin an investigation into the complaint, and a determination of the facts shall be made. The complainant and the respondent may expect a response to a complaint within thirty working days following the investigation. The President (or designee) may extend the response period if any investigation requires additional time to gather facts.
- Any employee involved in the investigation of the complaint must treat all information gained from the complainant(s), respondent(s), or witness(es) during the investigation as confidential and disclose such information only on a need-to-know basis.
- In appropriate circumstances, the President (or designee) may, at any time during or after an investigation of a sexual misconduct complaint place the employee against whom a complaint has been filed on administrative leave per 5.14.9 Administrative Leave.
- Following the investigation of the complaint, the Associate Vice President of Human Resources in the role of Title IX Coordinator, will determine whether the allegations were substantiated and recommend appropriate action to the President.
APPEALING A DECISION
In the event that either party wished to appeal the decision, the matter will go to an appeals board made up of three division vice presidents. The vice president of the division in which the incident occurred will recuse themselves from the appeal proceedings. Appeals must be presented in writing to the Title IX coordinator within 5 days of the determination. The committee‘s decision is final, and there will be no further appeals.
Acceptable reasons for appeals are as follows:
A procedural error or omission occurred that significantly impacted the outcome of the decision.
To consider new evidence unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction.
The sanctions imposed are substantially disproportionate to the severity of the violation.
Those that report victimization will be provided information in writing of their rights as detailed below:
- To notify law enforcement and to be assisted by campus authorities,
- An explanation of their rights to obtain no contact orders or enforce an order already in existence,
- Be provided contact information for campus and local advocacy, counseling, health, mental health and legal assistance services,
- Be provided options for requesting assistance in changing academic or working situations,
- Provide for honoring any lawful no contact or restraining order,
- Disclose the range of possible sanctions that may be imposed following an institutional disciplinary procedure,
- Detail procedures victims should follow if a sex offense occurs, including who to contact and information about the importance of preserving physical evidence, and
- Disclose a summary of institutional disciplinary procedures including clear statements that: o Accusers shall have the opportunity to request prompt proceedings. o Proceedings shall be conducted by officials trained on sexual assault and other intimate partner violence issues. o Both accuser and accused are entitled to be accompanied to any related meeting or proceeding by an advisor of their choice.
Both accuser and accused are entitled to be informed concurrently in writing of the final results within one business day of such outcome being reached.
All parties involved will be treated with respect and confidentiality and will be given the opportunity to present their sides of the incident. The College will retain as confidential all documentation of all allegations and investigations and will take appropriate corrective action, in accordance with law, including disciplinary measures when justified, to remedy violations of this policy. These actions may include immediate termination of employment or dismissal from the College.