Washington Administrative Code › Title 495A - Bates Technical College › Chapter 495A-300 - Title IX - Grievance Procedures › Section 495A-300-035 - Principles for Title IX grievance procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Respondent shall be presumed not
			 responsible for the alleged conduct unless or until a determination of
			 responsibility is reached after completion of the grievance and disciplinary
			 processes.
(2) Before imposing
			 discipline, the college is responsible for gathering and presenting evidence to
			 a neutral and unbiased decision maker establishing responsibility for a Title
			 IX violation by a preponderance of the evidence.
(3) The college shall treat both the
			 complainant and respondent equitably by providing complainant with remedies
			 against respondent who has been found responsible for sexual harassment through
			 application of the institution's Title IX grievance and applicable Title IX
			 disciplinary procedures and by providing respondent with Title IX procedural
			 safeguards contained in this chapter, Title IX grievance procedures and in the
			 applicable CP5920 - Title IX employee disciplinary hearing, CP5920PR - Title IX
			 employee disciplinary hearing procedure, and chapter 495A-121 WAC, Student
			 rights and responsibilities.
(4)
			 The investigator shall base investigation results on all relevant evidence,
			 including both exculpatory and inculpatory evidence.
(5) Formal and informal resolutions will be
			 pursued within reasonably prompt time frames with allowances for temporary
			 delays and extensions for good cause shown. Grounds for temporary delay
			 include, but are not limited to, quarter breaks or medical leave. Good cause
			 supporting a request for an extension includes, but is not limited to, a party,
			 a party's advisor, or a witness being unavailable, concurrent law enforcement
			 activity, and the need for language assistance or accommodation of
			 disabilities. Both parties will receive written notice of any temporary delay
			 or extension for good cause with an explanation of why the action was
			 necessary.
(6) A respondent found
			 responsible for engaging in sexual harassment may receive discipline up to and
			 including dismissal from the college. A description of other possible
			 disciplinary sanctions and conditions that may be imposed against students can
			 be found in WAC
			 495A-121-044.
An employee found responsible for sexual harassment may receive
				discipline up to and including dismissal from employment. A description of
				possible disciplinary sanctions and conditions that may be imposed against
				employees can be found in the respective collective bargaining agreements and
				for the exempt employees under CP5920PR - Title IX employee disciplinary
				hearing procedure.
(7) In
			 proceedings against a student respondent, the parties may appeal the
			 student/faculty disciplinary committee's ruling to the president pursuant to
			 WAC 495A-121-063 and Title IX
			 student conduct procedures, WAC 495A-115-090.
In proceedings against an employee respondent, the parties may
				appeal the employee disciplinary decision to the president or designee pursuant
				to CP5920 - Title IX employee disciplinary hearing and CP5920PR - Title IX
				employee disciplinary hearing procedures.
(8) Title IX administrators may not require,
			 allow, rely upon, or otherwise use questions or evidence that seeks disclosure
			 of privileged communications, unless the privilege has been effectively waived
			 by the holder. This provision applies, but is not limited to, information
			 subject to the following:
(a) Spousal or
			 domestic partner privilege;
(b)
			 Attorney-client and attorney work product privileges;
(c) Privileges applicable to members of the
			 clergy and priests;
(d) Privileges
			 applicable to medical providers, mental health therapists, and
			 counselors;
(e) Privileges
			 applicable to sexual assault and domestic violence advocates; and
(f) Other legal privileges identified in
			 RCW
			  5.60.060.