Reporting a Title IX Violation

Note: While these procedures are written primarily for the benefit of students, the same procedures shall also apply in the event that either the individual reporting the sexual violence or sex harassment, or the alleged perpetrator, is not a student. Similarly, while the procedures assume that the incident occurred on or near college property or at an official college function or activity, some of these procedures may also apply if an alleged incident occurs off campus or in a setting unrelated to college functions/activities.

1. An initial report may occur by telephone, email, in writing, or in person. When an initial report of sexual violence or sex harassment is received by any designated administrator or employee (listed in this policy under “Reporting”), the initial report shall be shared with the Title IX coordinator as quickly as possible.
2. The Title IX coordinator or designee will contact the alleged victim for the following purposes:
   • To ask questions in order to gain a better understanding regarding the nature of the incident;
   • To explain confidentiality and reporting requirements;
   • To explain the investigatory process, law enforcement options, and possible consequences;
   • To provide information about resources that are available to the individual; and,
   • To ask if the alleged victim wishes for the report to be pursued through an investigation or not. (If the alleged victim requests confidentiality, or asks that the report not be pursued, the college will take all reasonable steps to investigate and respond to the report consistent with the request for confidentiality or request not to pursue an investigation, if possible. The request will be evaluated and weighed against the college’s responsibility to provide a safe and nondiscriminatory environment.)
3. The Title IX coordinator or designee, after consultation with the NSCS general counsel, will determine if an investigation will be conducted.
4. If an investigation will be conducted, the Title IX coordinator or designee will immediately begin an investigation and will take steps to complete the investigation within 60 calendar days after receipt of the report, if possible. The college is committed to a complete and impartial investigation of reports of sexual violence or sex harassment, including the opportunity for both parties to present witnesses and other evidence. Investigations will occur as quickly as possible, but the complexity of the investigation, the severity and the extent of the harassment, or number of involved parties can impact the duration. The investigation shall consist of:
   • Reviewing all related written statements or reports;
   • Interviewing the alleged victim, alleged perpetrator and other witnesses;
   • Reviewing applicable college records; and,
   • Reviewing other relevant material and evidence.
5. The Title IX coordinator or designee will provide parties involved in the investigation with periodic updates while an investigation is pending, consistent with Family Educational Rights and Privacy Act (FERPA) restrictions.
6. At the conclusion of the investigation, the Title IX coordinator or designee will make a determination regarding the report using a “preponderance of the evidence” standard (more likely than not that sexual violence or harassment occurred) and will provide the recommendation to the Vice President for Student Affairs and to the president.
7. Within 10 working days from receipt of the Title IX coordinator’s or designee’s recommendation, the vice president will issue a written statement to the alleged victim, the alleged perpetrator and the Title IX coordinator regarding the outcome of the investigation and a decision as to whether or not disciplinary proceedings will commence. In the event that disciplinary proceedings commence at the conclusion of the investigation, the college has an obligation to disclose the outcome of the disciplinary proceedings to the student who reports being the victim of sexual violence.
8. If the alleged victim and alleged perpetrator agree with the decision of the vice president, the matter is considered resolved without any further rights of appeal by either party. If either the alleged victim or the alleged perpetrator object to the decision of the vice president, either individual may appeal the decision in writing to the president within seven calendar days. The president will review the matter and then issue his or her decision to; (a) affirm the vice president’s decision; (b) refer the matter for further investigation; or (c) refer the matter for disciplinary proceedings. The president’s decision will be final.

Note: Title IX prohibits retaliation for reporting parties and any individuals participating in an investigation. The college will not only take steps to prevent retaliation but will also take strong responsive action if it occurs. The Title IX coordinator or designee will have available contact and referral information for counseling/mental health services, medical services, law enforcement, judicial remedies/restraining orders, and educational resources, and will share resource information with victims and alleged perpetrators. Assistance options including no-contact orders or changes in academic, living, transportation, and working situations may be made available as remedies to protect victims or witnesses.