Washington Administrative Code › Title 495C - Clover Park Technical College › Chapter 495C-300 - Grievance rules-Title IX › Section 495C-300-030 - Investigation procedure

Current through Register Vol. 24-14, July 15, 2024
Upon receiving a discrimination complaint, the college shall
				commence an impartial investigation. The Title IX/equal educational opportunity
				(EEO) coordinator shall be responsible for overseeing all investigations.
				Investigations may be conducted by the Title IX/EEO coordinator or his or her
				designee. If the investigation is assigned to someone other than the Title
				IX/EEO coordinator, the Title IX/EEO coordinator shall inform the complainant
				and respondent(s) shall be notified of the appointment of the
				investigator.
Interim measures.
The Title IX/EEO coordinator may
				impose interim measures to protect the complainant and/or respondent pending
				the conclusion of the investigation. Interim measures may include, but are not
				limited to, imposition of no-contact orders, rescheduling classes, temporary
				work reassignments, referrals for counseling or medical assistance, and
				imposition of summary discipline on the respondent consistent with the
				college's student conduct code or the college's employment policies and
				collective bargaining agreements.
Investigation.
Complaints shall be thoroughly and
				impartially investigated. The investigation shall include, but is not limited
				to, interviewing the complainant and the respondent, relevant witnesses, and
				reviewing relevant documents. The investigation shall be concluded within a
				reasonable time, normally sixty days barring exigent circumstances. At the
				conclusion of the investigation the investigator shall set forth his or her
				findings and recommendations in writing. If the investigator is a designee, the
				investigator shall send a copy of the findings and recommendations to the Title
				IX/EEO coordinator. The Title IX/EEO coordinator shall consider the findings
				and recommendations and determine, based on a preponderance of the evidence,
				whether a violation of the discrimination and harassment policy occurred, and
				if so, what steps will be taken to resolve the complaint, remedy the effects on
				any victim(s), and prevent its recurrence. Possible remedial steps may include,
				but are not limited to, referral for voluntary training/counseling, development
				of a remediation plan, limited contact orders, and referral and recommendation
				for formal disciplinary action. Referrals for disciplinary action will be
				consistent with the student conduct code or college employment policies and
				collective bargaining agreements.
Written notice of decision.
The Title IX/EEO
				coordinator will provide each party and the appropriate student services
				administrator or appointing authority with written notice of the investigative
				findings and of actions taken or recommended to resolve the complaint, subject
				to the following limitations. The complainant shall be informed in writing of
				the findings and of actions taken or recommended to resolve the complaint, if
				any, only to the extent that such findings, actions or recommendations directly
				relate to the complainant, such as a finding that the complaint is or is not
				meritorious or a recommendation that the accused not contact the complainant.
				The complainant may be notified generally that the matter has been referred for
				disciplinary action. The respondent shall be informed in writing of the
				findings and of actions taken or recommended to resolve the complaint and shall
				be notified of referrals for disciplinary action. Both the complainant and the
				respondent are entitled to review any final findings, conclusions, and
				recommendations, subject to any FERPA confidentiality requirements.
Informal dispute resolution.
Informal dispute
				resolution processes, like mediation, may be used to resolve complaints, when
				appropriate. Informal dispute resolution shall not be used to resolve sexual
				discrimination complaints without written permission from both the complainant
				and the respondent. If the parties elect to mediate a dispute, either party
				shall be free to discontinue mediation at any time. In no event shall mediation
				be used to resolve complaints involving allegations of sexual violence.
Final decision/reconsideration.
Either the
				complainant or the respondent may seek reconsideration of the decision by the
				Title IX/EEO coordinator. Requests for reconsideration shall be submitted in
				writing to the Title IX/EEO coordinator within seven days of receiving the
				decision. Requests must specify which portion of the decision should be
				reconsidered and the basis for reconsideration. If no request for
				reconsideration is received within seven days, the decision becomes final. If a
				request for reconsideration is received, the Title IX/EEO coordinator shall
				respond within fourteen days. The Title IX/EEO coordinator shall either deny
				the request or, if the Title IX/EEO coordinator determines that the request for
				reconsideration has merit, issue an amended decision. Any amended decision is
				final and no further reconsideration is available.
Statutory Authority:
				  RCW
				   28B.50.140,
				  42.30.075 and 1991 c 238.
				  92-19-091, §
										495C-300-030, filed 9/16/92,
				  effective 10/17/92.