Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-300 - Discrimination and harassment › Section 132U-300-090 - 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/EEO coordi-nator/designee
				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/designee shall inform the complainant and
				respondent(s) of the appointment of an investigator.
(1)
Interim measures.
The Title
			 IX/EEO coordinator/designee 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.
(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 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/designee.
			 The Title IX/EEO coordinator/designee 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 rights and responsibilities policy (chapter
			 132U-126 WAC) or college employment policies and collective bargaining
			 agreements.
(3)
Written
			 notice of decision.
The Title IX/EEO coordinator/designee 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 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 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 confidentiality requirements.
(4)
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.
(5)
Final decision
			 and/or reconsideration.
Either the complainant or the respondent may
			 seek reconsideration of the decision by the Title IX/EEO coordinator/designee.
			 Requests for reconsideration shall be submitted in writing to the Title IX/EEO
			 coordinator/designee within seven business 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 business days, the decision becomes final. If a request for
			 reconsideration is received, the college president or designee shall respond
			 within fourteen business days. The president or designee shall either deny the
			 request or, if the president or designee determines that the request for
			 reconsideration has merit, issue an amended decision. Any amended decision is
			 final and no further reconsideration is available.