Washington Administrative Code › Title 132C - Olympic College › Chapter 132C-285 - Grievance procedures › Section 132C-285-160 - Investigation procedure

Current through Register Vol. 24-14, July 15, 2024
Upon receiving a discrimination or harassment complaint, the
				college shall commence an impartial investigation. The Title IX/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) of
				the appointment of an investigator.
(1)
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.
(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. 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.
(3)
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.
(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/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 fifteen business 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.