Washington Administrative Code › Title 132V - Tacoma Community College › Chapter 132V-305 - Nondiscrimination and harassment policy and grievance procedure › PROCEDURE › Section 132V-305-070 - Investigation procedure, notice and appeal

Current through Register Vol. 24-14, July 15, 2024
Upon receiving a discrimination complaint, the Title IX
				  coordinator or designee will assess the complaint and determine the appropriate
				  steps to take, if any. The Title IX coordinator or designee shall be
				  responsible for commencing and overseeing all investigations. Investigations
				  may be conducted by the Title IX coordinator or designee. If the investigation
				  is assigned to someone other than the Title IX coordinator or designee, the
				  Title IX coordinator or designee shall inform the complainant and respondent of
				  the appointment of an investigator.
(1)
Interim measures.
The Title
				IX coordinator or designee may impose interim measures to protect the
				complainant and/or respondent pending the outcome 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.
(2)
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
				working 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
				coordinator or designee who shall consider the findings and recommendations and
				determine, based on a preponderance of the evidence, whether a violation of the
				nondiscrimination 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. The Title IX coordinator or designee will issue a
				decision in writing to each party and to the appropriate student services
				administrator or appointing authority. 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.
(3)
Written notice of decision to the
				parties and request for reconsideration.
The complainant shall be
				informed in writing of the decision and of actions taken or recommended to
				resolve the complaint, if any, that are directly related to the complainant,
				such as a recommendation that the respondent 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
				decision 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.
(4)
Informal dispute resolution.
Informal dispute resolution processes, including mediation, may be used to
				resolve complaints, when appropriate. Informal dispute resolution shall not be
				used to resolve complaints without the complainant's and the respondent's
				written agreement. If the parties agree to engage in formal dispute resolution,
				all timelines and limitations herein shall be tolled until a party or the Title
				IX coordinator or designee provides written notice that they have discontinued
				mediation which they are free to do at any time. In no event shall informal
				dispute resolution processes be used to resolve complaints involving
				allegations of sexual violence.
(5)
Final decision/reconsideration.
Either the complainant or the
				respondent may seek reconsideration of the decision by the Title IX coordinator
				or designee. Requests for reconsideration shall be submitted in writing to the
				Title IX coordinator or designee within seven working 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 working days, the decision becomes
				final. If a request for reconsideration is received, the Title IX coordinator
				or designee shall respond within ten working days that the request is denied or
				granted. If the request for reconsideration is granted, the Title IX
				coordinator or designee shall issue an amended decision within ten additional
				working days from the date that the request for reconsideration was granted.
				Any amended decision is final and no further reconsideration is available
				unless provided herein.
(6)
Appeal for disciplinary
				action.
If formal sanctions or disciplinary action is imposed as a
				result of a finding of violation of this policy, a respondent may file an
				appeal. Appeals should succinctly state the basis of the appeal, such as
				findings not supported by the evidence, sanction is substantially
				disproportionate to the severity of the violation, due process was
				violated.
(7)
Student
				appeal.
A student respondent may appeal sanctions or disciplinary action
				imposed under this policy in accordance with WAC
				132V-121-070. The complainant
				will receive notice of the appeal and may submit either his/her own appeal or a
				written response to the student respondent's appeal within ten working days,
				which will be considered by the student conduct appeal board.
(8)
Represented employee
				grievance.
A professor or represented staff member may file a grievance
				under the applicable collective bargaining agreement.
(9)
Nonrepresented classified staff
				employee appeal.
Nonrepresented classified staff may file an appeal with
				the personnel resources board under WAC
				357-52-020.
(10)
Nonrepresented employee
				review.
Nonrepresented employees may request review of disciplinary
				action through the supervisory chain of command to the college president within
				twenty working days of the imposition of discipline. This includes student
				workers if the discipline imposed resulted from conduct that occurred during
				the performance of student employment and includes a loss in pay as a sanction
				(nothing prohibits the Title IX coordinator or designee and/or investigator
				from referring findings against a student employee to the chief student conduct
				officer or designee for additional review under the code of student conduct).
				The request for review must be a signed, written document articulating the
				grounds for review. The responsible supervisor will respond to the request for
				review within twenty working days of receipt. If the findings and/or discipline
				is upheld, the college president's decision will constitute final action and
				there is no further appeal within the college.
(11)
Volunteer or visitor
				review.
A volunteer or visitor respondent may request review by the
				college president of sanctions imposed in response to findings under this
				policy.