An investigation is an administrative process, not a civil or criminal proceeding. The purpose of an investigation is to find out what happened, determine who, if anyone, is responsible, and determine if any District or College policies, regulations, or standards have been violated. When the College or District Title IX Coordinator receives a report (actual notice) of possible discrimination based on sex, sexual harassment, or sexual assault, they will contact the complainant to provide resources and explain the Title IX process. When a complaint is filed with a Title IX Coordinator or using the District’s Complaint Form, the College or District will review the complaint to determine whether it should be investigated as a Title IX complaint or dismissed. Formal complaints may also be resolved through a voluntary informal resolution agreement (student/student only). Investigation steps are listed below:
- All relevant information made available to the investigator, or information that the investigator was reasonably able to gather during the investigation is considered. Relevant information may include, but is not limited to: witness statements, electronic correspondence (e.g. text messages, social media communications), photographs, recordings, and other written, non-written, hard-copy and electronic materials.
- The investigator will provide the complainant and responding party with an opportunity to respond to all of the information that will be relied upon in making a finding. Both parties will have equal opportunities to meet with the investigator (separately) to present their perspectives, provide witnesses or other information, to bring a representative to their meetings, to ask questions, and to seek clarification.
- To review report information and provide written responses prior to a live hearing.
- At the conclusion of the investigation, the investigators and/or hearing panel will submit their findings, based on the preponderance of evidence standard (more likely than not) to the appropriate College or District Hearing Officer.
- All parties and witnesses must attend a hearing. If a party or witness does not attend the hearing, all statements submitted by the absent party must be excluded. The parties have the right to engage in indirect questioning of parties and witnesses through an advisor. Parties may be in separate rooms but must be able to clearly see and hear each other through video conferencing. Each party will have an equal opportunity to present witnesses, present evidence, and inspect evidence, including evidence not used to support determination.
- After the live hearing is complete, the College or District Hearing Administrator will make an Administrative Determination that includes all of the procedural steps that were taken. A party may appeal the decision of a Hearing Officer to the appropriate College President or the Vice Chancellor of Human Resources.
