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You will also be provided the opportunity to review and respond to any evidence or statements made against you. and briefly explain why. Equal Rights Advocates provides free legal support to student survivors to help navigate every step of this process. 2013 - 2023 Rio Hondo Community College | Non-Discrimination Statement | Accessibility Statement it took place off campus, the harmer is a student at a different school, or the incident does not meet Title IXs official definition of harassment/assault), the school should let you know during this meeting. Carefully read your summary statement. Hearings often take between 1 and 3 full days. In order for an Alternative Resolution to be pursued, both parties must be willing. Consent is informed, freely given, and mutually understood willingness to participate in sexual activity that is expressed by clear, unambiguous, and affirmative words or actions. If you do not agree with the sanctions that were issued, unfortunately current law says, . For mental health crisis support, call the Regional Behavioral Health Crisis Line 24/7 at 1.877.266.1818. Regardless of what you decide, the Title IX Coordinator should ask you at this point if you would like to receive any supportive measures to help you feel safe. If you decide that reporting is right for you, start by talking to the Title IX Coordinator for your school, whose contact information should be available on your schools website or in your student handbook. This means your family and friends cannot attend to support you (unless one of them is your official support person or advisor), and neither can the Respondents. Witnesses also include anyone you called, messaged, or spoke to any time after the incident if you told them what happened, or even if you just said that something bad happened to you or asked for their support. You misstated these details, and correct the details they got wrong with the correct information. Restriction from Attendance at District Events. In this meeting, you should be asked whether you want to file a formal Title IX complaint. In order for the report to be official, you must sign your name to the email so they know who is making the report. In these cases, the investigation and adjudication process will continue and a determination of responsible or not responsible will be made without the benefit of the complainants and/or respondents input. In that case, the meeting would simply be a way for you to ask for supportive measures. Some examples include asking for a break every one to two hours, or asking for a day between hearing dates, if that feels best for you. The timing may vary depending on the availability of parties and witnesses, the amount of available evidence, when during the school year the investigation is opened, and other factors. A required date, time, and location of the hearing, superseding all other campus and work activities. If the timeline feels too short or difficult to meet because of school, work, or other considerations, you could try asking the Title IX office for a brief (~1-2 week) extension. The following advocacy services are available. Increased monitoring, supervision, or security at locations or events where the sexual misconduct occurred. could also include anyone who observed changes in your behavior that began after the incident, such as depression, anxiety, fear, or trauma responses. (If part of the sanction includes something that affects your rights, such as a Mutual No-Contact Order, you may be able to appeal and should seek legal help for this.). If they dont know, ask them to help you figure it out confidentially. In sexual misconduct cases, the District shall proceed without undue delay in accordance with federal and state law requirements, and District policies and procedures. because you are the one who filed the Title IX complaint. Unfortunately, we are unable to accept new applications for our Free Legal Advice & Counseling program at this time. The advisor should also maintain confidentiality. (For important details, see the Evidence Review section of this toolkit.) Your school cannot coerce you (or the Respondent) into pursuing an Alternative Resolution by, for example, saying they will not provide you with supportive measures unless you pursue a resolution outside of the hearing process. While participating in an investigation, it may become challenging to pay attention in class and follow through with your coursework. It is the commitment from the District that respondents found responsible for violating sexual misconduct policies are imposed of sanctions that are: The relevant factors that are considered when imposing sanctions are: The following sanctions may be imposed for violation of this Student Code of Conduct. We recommend asking the Title IX officer far in advance so you can mentally prepare. Each complaint is handled on an individual basis. Additionally, the Title IX Coordinator will usually attend the hearing to supervise and help with logistics. Questioning by the student or the committee shall not be considered part of the time allotted for presentation of the College Disciplinary Officers evidence. If the slowness continues, or if the Title IX Office is unresponsive, you may want to seek free help from a legal advocate (equalrights.org/enough). However, know that it can sometimes feel like the Respondent has an unfair advantage by physically being in the same room with the witnesses and Hearing Officer. ); The impact of the offense on the complainant; The conduct respondents conduct during the disciplinary process. Receive support from the University in obtaining counseling or other support, including access to, Be aided by the University, with supportive measures as appropriate, in obtaining a learning and working environment that is safe and secure, Be informed of the nature, rules and procedures of the University's investigatory and disciplinary processes and to be provided copies of applicable university policies and procedures, Be treated with respect by University officials throughout the process, Request removal of any investigator or hearings examiner to be removed on the basis of bias and/or conflict of interest, Have the opportunity to participate in the process, Be informed of the outcome/resolution of the complaint, any sanctions imposed, and the rationale for outcome, when permissible, Appeal the findings and/or outcomes of any disciplinary proceedings pursuant to the, Listen from their point of view and be supportive, Accept them as a person, even if you have questions about their behavior, Provide an atmosphere where they can express honest feelings, Be honest with them about how much support you can provide, Help them generate alternatives and options for dealing with emotions and the situation, Let them make the ultimate decision about how to respond, Realize you may also be affected and seek counseling if necessary, Remain open minded about all parties involved, Do not assume you know how they want to be treated, Do not break their trust by telling others what might have happened in conversation or on social media, Recognize your own limitations No one expects you to be an expert in counseling or sexual assault; therefore, avoid making strong recommendations, Remember that sharing details of their experience online or in person with other students could be upsetting to the accused and the one who brought the complaint, so please refrain from discussing the process with anyone other than them or the confidential resources you seek. Your school cannot coerce you (or the Respondent) into pursuing an Alternative Resolution by, for example, saying they will not provide you with supportive measures unless you pursue a resolution outside of the hearing process. Witnesses. Administrative Withdrawal from Class prohibits a students continued presence in the class if his/her behavior is disruptive of the class and interferes with the ability of other students in the class to learn or in any way endangers himself/herself or others. Witnesses often include anybody who saw the incident happen, saw you shortly before or after the incident, or saw you with the Respondent shortly before or after the incident. If you feel that certain parts of the process are taking too long, ask the Title IX Coordinator for an update. A finding of Not Responsible means the investigation ultimately did not find the Respondent responsible for (guilty of) the assault or harassment. 9. Consent must be present throughout the entire sexual activity and can be revoked at any time. WebRespondents investigated under Title IX may have been accused of alleged prohibited Time frames for reviews, investigations, and hearings may vary depending on the details of a case and at certain times of the academic year for possible violations that occur near, during, or after District holidays, breaks, or the end of an academic term, in which meetings will be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by this policy and procedures. If a panel determines a student is responsible for violating the Student Code of Conduct, the matter will advance to the sanctioning stage. It is difficult for lawyers to accept cases on short notice, so the earlier the better. Once the investigator has approved statements from you, the Respondent, and the witnesses, as well as any other evidence, they will send a document for you to review that includes all statements and evidence that has been collected so far. Creating physical distance can help the hearing process feel less intimidating, especially if you will be questioned by a professional attorney. During this meeting, the Title IX Coordinator should also explain your option of pursuing an Alternative Resolution, which means not going through the formal investigation and hearing process, but rather trying to reach a resolution with the other party that feels right for both of you. If a complaint meets this criteria, the investigative and hearing process are outlined in EWU Policy 402-05 (Title IX Investigations & Hearings). The purpose of a supportive measure is to provide an equitable process for both the complainant and respondent that minimizes the possibility of a hostile environment on campus. Or, you can provide their names and just let the investigator know that they might be hesitant to get involved. Comments? Current federal law requires your school to hold a live hearing in order to determine whether your allegations are true or not. However, its possible the harmer might be able to identify you based on the investigators questions about when and where the incident occurred. Taking on the burden of the allegation may cause you to withdraw from your support networks because you may feel like it is your problem. It is common for individuals who are accused to prefer not to discuss the situation with anyone for fear of embarrassment or how it may be perceived by others. The College Disciplinary Officer shall contact the student to arrange such a meeting. Rochester, MN 55904 Alternative Resolution is a way to resolve a Title IX case without going to a formal hearing. A complainant is not required to appear before a panel, but is empowered by the panel to convey their experience(s) in the case in written form. A hold on records may also be asserted if a student does not comply with requests such as, but not limited to, required meeting or appointments. At some schools, the process will vary. See the Alternative Resolution section of this toolkit for more. For example, unless you are certain about a particular date or time, you can say Im not sure exactly when, but I believe it was on ______.. section of this Toolkit for official definitions of those terms.) If this happens, no sanctions should be issued against you, the survivor, simply for losing your case. 4. So prepare for a wide range of questions. Changing the complainants academic schedule. (Please see the, section of this toolkit for advice from other survivors.). Intentional and unwelcome touching, or coercing, forcing, or attempting to coerce or force another to touch a persons intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast). An interpreter accompanying a Student to the proceeding before the investigator, College Disciplinary Officer, or Panel must provide evidence of his/her certification as a certified interpreter to the investigator and/or College Disciplinary Officer at least five days prior to the commencement of the proceeding. Instead, the investigator should hand over the investigation files to the hearing officer or panel, including summary statements, evidence, notes, and other information they ascertained during the investigation, to be used in the officers or panels decision making. If you have requested a No-Contact Order as a supportive measure without pursuing a formal Title IX investigation, or if the Respondent in your case is found to be not responsible, you could try asking your Title IX office to keep the mutual No-Contact Order in place until one or both of you graduate. It is common for this part of the process to provoke new memories of additional information that you may have accidentally left out of your first statement, or that you blocked from your memory. If you feel as though you are being retaliated against, please contact Title IX Coordinator Annika Scharosch at 509.359.6724 or visit Title IX / Sexual Misconduct Complaints as soon as possible so that the retaliatory behavior can be addressed and disciplinary action can be taken if possible. arrange a way to privately communicate with your advocate/advisor, . Revision of the Districts policies and procedures regarding sexual misconduct. Supportive measures are provided by EWU free of charge and may include, but are not limited to, safety planning with EWU, mutual restrictions on contact between the parties, academic or workplace modifications, leaves of absence, increased security, counseling options on campus or through the Employee Assistance Program, campus housing modifications, and interim restrictions. If you have questions regarding available Supportive Measures, please contact the Student Care Team by submitting a Student Intake Form or ICare Form. Students are allowed one appeal. Potential ongoing accommodations include: The District institutions may also determine that additional measures are appropriate to respond to the effects of the incident. Providing access to tutoring or other academic support, such as extra time to complete or re-take a class. Winona, MN 55987 If you feel that certain parts of the process are taking too long, ask the Title IX Coordinator for an update. Again, you might receive questions that feel victim-blaming, such as how did you communicate to the Respondent that you no longer wanted to engage in sexual activities with them? While some of these types of questions may be allowed, others are not. Your statement is your chance to tell your version of the events, and those in charge will rely on it to make a decision later, so make sure everything is accurate. If the incident(s) you report do not fall under Title IX jurisdiction (i.e. In California, as of January 2022, advisors are not allowed to ask questions directly of the parties (you and the Respondent). In addition to you and your advisor, and the Respondent and their advisor, there will be a hearing officer or hearing panel that will decide the outcome of the case. WebThis includes protecting rights of students and others to an educational environment free Investigators who are not trained in trauma-informed practices may sometimes ask. (See the. Other areas of your life that may be impacted include: sleep routine, change in appetite, and increase in anxiety and depression. 4. Rio Hondo College District, through a trained Title IX Team, will investigate any and all reports of alleged violations of sexual misconduct. So you can, ask the hearing officer to state whether the question is relevant. It usually means you and the Respondent (the person who sexually assaulted or harassed you) are not allowed to be in the same place at the same time, and not allowed to contact one another in person, by phone, email, social media, or any other form of communication. Council members receive annual training on issues related to sexual harassment, sexual assault, stalking, interpersonal violence, as well as training on how investigations are conducted. (California law requires schools to publish timelines for each stage of the process.). 8. It is always better to say I dont know or Im not sure instead of guessing if youre unsure. them or send them a private direct message in the video conference chat box to quickly ask and answer questions while the hearing is going on. If your school refuses to investigate your report under Title IX, or dismisses it entirely because they claim the conduct does not constitute sexual harassment/assault, contact a legal advocate: equalrights.org/enough. Allowing the complainant to withdraw from or retake a class without penalty. If you need to speak to your advisor, try asking to be sent to a private video-conference breakout room, or ask for a break to call your advisor while you are off camera and muted at the hearing. Involvement without consent in any sexual act in which there is force, expressed or implied, or use of duress or deception upon the victim. If this is something youre interested in, ask well in advanceas soon as the hearing date is set, if not before. During the interview, you will be asked to answer many questions about what happened. They usually last multiple hours each dayoften about 8 hours, but sometimes longer. You might want to check with potential witnesses before listing them to make sure they are willing to be interviewed during the investigation (and possibly to testify at your hearing). The student charged, and if applicable her/his witness(es), shall have up to forty-five (45) minutes, if necessary, to present relevant evidence bearing on the accusation. Thank you for supporting Gustavus and the impact your gifts make possible. The person who is overseeing the hearing may ask you to submit your questions before the hearing, but they should not be shared with the other party. The respondent is the person who the complaint is filed against. You can request a separate room if you know or suspect that the Respondent has hired a lawyer. Whenever an individual is accused of a policy violation, emotional responses will differ from person to person, especially if the policy violation in question is associated with sexual misconduct. Short Term Removal From Class for a period not to exceed four class meetings, may be imposed by any instructor on a student who is disrupting the class or otherwise interfering with the ability of other students in the class to learn. All these emotions can be overwhelming and it is important to remember there are resources both on and off-campus to assist you. Or the Title IX Coordinator might choose to refer the incident to another school office, such as the Student Misconduct office. that feel victim-blaming, shaming, gaslighting, or insinuate you are being dishonest, such as why did you go back to the Respondents room if you didnt want to have sex? why didnt you say no? or why didnt you call the police? Sometimes these questions are necessary for the investigator to gather all of the relevant information, even if they feel victim-blaming. to help remedy and restore, To experience a safe living, education, and work environment, To have an advisor during an adjudication process, To refuse to have an allegation resolved through conflict resolution procedures, To have complaints heard in substantial accordance with procedures, To fully participate in any process whether the injured party is serving as the complainant or the institution is serving as complainant. In California, such questions are not expressly prohibited, but schools are prohibited from taking a survivors sexual history into consideration when making their decision in the case. ); The respondents state of mind (intentional, knowing, bias-motivated, reckless, etc. If you and the Respondent had a prior dating or sexual relationship, or if you engaged in some consensual acts with the Respondent but others were non-consensual, you may be asked questions relating to how consent was communicated during the consensual activities. This guide offers a general map of how the Title IX process should go, given current laws. Questions? That person can be, but does not have to be, a lawyer or legal advocate. From now on, the harmer will be called the, , because they are the one responding to your Title IX complaint against them, and you will be called the. However, know that it can sometimes feel like the Respondent has an unfair advantage by physically being in the same room with the witnesses and Hearing Officer. All members participating on a judicial panel are oriented and trained to adjudicate a sexual misconduct case. This is imposed when a student fails to repay debts to the District, return District equipment or make restitution to the District. Disciplinary Probation consists of written notice to the student by the College Disciplinary Officer that the student has violated this Student Code of Conduct (including a specified period of time) with conditions as imposed by the College Disciplinary Officer. Some No-Contact Orders specify that if either of you shows up at the same location as the other at the same time, the second person to arrive must leave. If someone is invited to listen in who has nothing to do with adjudication of the case, this is a violation of your privacy rights, and you should say so as soon as youre aware of it. If you go forward with a formal hearing, here are 10 important things to know: 1. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under Minnesota State student conduct codes and employee disciplinary standards. Before agreeing, you should ask the Title IX Office to explain in detail what the process would entail, the timeline, and who would be involved. If you do not want an investigation of any kind to occur, you should not reveal any details during your initial Title IX meeting. Appeal rights vary from school to school, but usually, you can appeal only for a few reasons, including: If you want to appeal (or want help deciding whether to appeal), we advise contacting a legal advocate right away to help you with the process. If you believe that you were falsely accused, you may also report this to the Title IX Coordinator and it will be addressed as a separate complaint. Also, it is common to have fear of someone retaliating against you. The options vary from school to school. When a hearing is required, the investigator should not be the person deciding the outcome of the case. Mental Health Clearance may be required before a student is readmitted to a particular class or allowed to come onto District property. 5. Before removing a student from class, an instructor shall first give or make reasonable efforts to give the student notice of his/her intent to remove the student and a reasonable opportunity for the student to modify his/her behavior. The investigator will prepare an investigative report that summarizes the evidence gathered from the Complainant, Respondent, and witnesses. Gather your support system: tell those you trust that you may need extra support in the coming months, consider getting a therapist, and know that legal advocates like those at Equal Rights Advocates are here to answer your questions and guide you. After your initial interview, the investigator may follow up to ask further questions after speaking with the Respondent and/or witnesses. If you do not hear from them within 2 weeks, you could follow up with the Title IX Coordinator. Board Policies and Administrative Procedures, Title IX Rights of Complainant and Respondent, http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf, Academic Employee Minimum Qualifications & Equivalencies, Board Policies related to Human Resources, Title IX Sexual Harassment and Definitions, Title IX Sexual Harassment Policy BP 7160, Title IX Standards of Conduct BP 5500, Title IX Standards of Conduct AP 5500, Title IX Rights of Complainant and Respondent, To be treated with respect by District officials, To take advantage of campus support resources, such as mental health services, special services, health services, etc. Every school employee is supposed to be trained on how to direct you to your schools Title IX Office. 6. Although District-related sanctions may be imposed, the process is intended to provide an opportunity of learning. Other resources: The Title IX office might offer you a list of resources both on and off campus for medical and mental health support. victims advocate, friend, family member, etc.) The complainant will be notified of any actions by the District, coupled with a letter stating the choice to participate in the investigation and/or student conduct process. If you do not have an advisor, the university will provide you with one for purposes of conducting questioning during the hearing. Depending on your school, this report may just be a collection of all the evidence collected, or it may include assessments from the investigator, such as their understanding of your and/or the Respondents credibility, or the credibility of witnesses. The law permits your school to issue a Unilateral No-Contact Order at this stage, but sometimes schools still choose to only issue mutual orders. Discipline may be instituted against a student also charged in civil or criminal courts based on the same facts that constitutes the alleged violation of the Student Code of Conduct. Dont be afraid to simply say something like I forgot, or I mixed up the timeline. Include any new details you remember, as well as any additional evidence or witnesses. The investigator might decide not to interview all of the witnesses you suggest if they think it is unnecessary. 507.457.5000 | 800.342.5978, 859 30th Ave SE Long term suspension may be imposed immediately or at the end of the current term at the discretion of the College Disciplinary Officer. 6. If a complaint does not fall within the definition of a formal Title IX complaint, the investigative and hearing process are outlined in EWU Policy 402-01 (Sexual Harassment, Interpersonal Violence & Title IX Responsibilities). If the Respondent is found responsible (responsible is the Title IX equivalent of guilty), the No-Contact Order may be extended until one of you graduates. inform the complainant of the provisions of the Board Policy 1B.3 and the investigative procedure, provide a copy of the web address for Board Policy 1B.3 and the procedure to the complainant, determine whether other individuals are permitted to accompany the complainant during investigatory interviews and the extent of their involvement, inform the complainant of the provisions of Board Policy 1B.3 prohibiting retaliation, discuss the availability of supportive measures, explain the process for filing a formal Title IX complaint, Their right to file criminal charges with local law enforcement officials in sexual assault cases, Their rights under the crime victims bill of rights, Minn. Stat. Before agreeing, you should ask the Title IX Office to explain in detail what the process would entail, the timeline, and who would be involved. If during the investigation the investigator finds corroborating information, it may be determined that is necessary to move forward with the student conduct process without the involvement to the complainant or to implement other appropriate remedies. If you and your advisor are in separate places during the hearing, you could also text message them or send them a private direct message in the video conference chat box to quickly ask and answer questions while the hearing is going on. A procedural error or omission occurred that significantly impacted the outcome of the hearing (i.e., substantiated bias, material deviation from established procedures, etc.). Asking for help can make a world of difference in your experience. WebFrom now on, the harmer will be called the Respondent, because they are the one Notice of appeals filed by either or both complainant and respondent to the College Disciplinary Officer within 7 calendar days after the notice of determination and sanction(s). The student may not return to the class until the student has met with the College Disciplinary Officer. You do not have to attend the live hearing or submit to cross-examination. Hearing (if any) is held within 20 calendar days after the conclusion of the investigation. , as of January 1, 2022, it is unlawful for schools to issue Mutual No-Contact Orders after a finding of responsibility has been issued, thanks to a new law ERA helped to pass. 507.535.2555, Title IX Coordinator | Director of Affirmative Action, Equity & Legal Affairs. You will not get to see the questions that youll be asked in advance. (Communications between you and your lawyer are confidential, unless you allow others to listen in.) We will be reopening in June 2023. A student found more likely than not to have committed a violation of the EWU Conduct Code may be subject to a range of sanctions, even if they are a first-time offender, including, but not limited to; restricted access buildings and/or activities on campus, no contact orders, mental health assessments, community service, educational workshops, probation, suspension, or expulsion from the university. However, the Respondent does have the right to appeal a sanction that is issued against them. We recommend asking your schools Title IX Office for a timeline at the beginning of the process. . You will not get to see the questions that youll be asked in advance. More information about this process is contained in the Student Conduct Code, WAC 172-121. You and the Respondent will not be able to speak to each other directly or ask each other questions during the hearing. Sometimes the school finds affirmatively that the sexual misconduct did not happen. , Equity & legal Affairs want to file a formal Title IX Coordinator | Director of Affirmative Action, &. Not have an advisor, the investigator will prepare an investigative report that summarizes the evidence review section of toolkit! Fails to repay debts to the District institutions may also determine that additional measures appropriate... Decide not to interview all of the witnesses you suggest if they think it is unnecessary other.! To have fear of someone retaliating against you and procedures regarding sexual misconduct trauma-informed practices sometimes. Stage of the witnesses you suggest if they feel victim-blaming investigation, it is common to have fear someone. Allotted for presentation of the process are taking too long, ask them to help you figure it confidentially! Be imposed, the survivor, simply for losing your case, bias-motivated,,. 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