XI. Investigation & Resolution
Please see FFDA Policy for resolution and conclusion of investigation. Upon notice of a potential discrimination or harassment situation, a fair and impartial investigation will promptly be conducted by trained District staff members familiar with federal law, regulatory guidance and administrative procedures in an attempt to resolve the situation. This will typically include interviewing all involved parties (accused, complainant, witnesses) and the collecting of any documentation or evidence relevant to the allegation. TCCD will never use mediation as a form of resolution for cases involving sexual assault, stalking, or domestic violence. TCCD reserves the right to determine, consistent with State and local law, whether appropriate law enforcement or other authorities should be notified.
After meeting with the reporting party, interviewing, identifying witnesses and the like, the investigator will send the respondent a notice of investigation. The notice of investigation will include a description of the alleged misconduct, the conduct code provisions that are alleged to have been violated, and the requirement that the respondent must set up a meeting with the investigator within the time frame designated in the notice. The notice shall be sent to the student's TCCD e-mail address; it may also be hand-delivered or sent to the mailing or permanent address appearing in the College's student information system, or police report. Notice to the student will be considered furnished on the date of hand-delivery, on the date e-mailed, or three days after the date the notice is placed in the U.S. mail.
At the conference, the respondent will have the opportunity to respond to the allegations, present relevant information, and identify relevant witnesses and other evidence. The complainant and the respondent shall have the right to present relevant information to the investigator, to have an advisor present during any meetings with them, and to receive a copy of the investigator's report at the conclusion of the investigation and appropriate review, to the extent permitted by law. The investigator will follow-up with complainants to determine whether or not any retaliation or new incidents of harassment have occurred and will consider the effects of off-campus conduct when evaluating whether or not there could be a hostile environment on campus.
If the respondent does not schedule or attend a conference by the date specified in the notice, or if the student schedules a conference but does not attend or attends but does not participate, the investigator may complete the investigation based on the information obtained. The investigator may use police investigative reports in the investigation.
The investigator will discuss campus support services available to the parties. The investigator will discuss with the reporting party whether she/he has classes with the charged student, and will take steps as needed to protect the complainant or the campus prior to the outcome of the investigation. The investigator will discuss with both parties potential class moves, academic assistance, identifying resources for medical and/or mental health support, access to peer support initiating no-contact orders, and interim suspensions as s/he deems necessary and appropriate. Support offered will be ongoing and continuing as appropriate.
Upon a finding of responsibility by the Title IX Coordinator, the following outcomes to resolution are possible:
- Any staff member found responsible for violating TCCD policy will be subject to appropriate disciplinary action including and up to termination of employment.
- Any faculty member found responsible for violating TCCD policy will be subject to appropriate disciplinary action including and up to termination of employment.
- Any student found responsible for violating the protocol on Non-Consensual or Forced Sexual Contact (where no intercourse has occurred) will receive a sanction ranging from suspension to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.
- Any student found responsible for violating the protocol on Non-Consensual Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.
- Any student found responsible for violating the protocol on Sexual Exploitation or sexual harassment policy will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.
Appeal procedures to be followed are located in Policy FMA(Local).
Updated January 08, 2019