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“Responsible employees,” include those employees who have the authority to redress Sexual Misconduct and those employees who students may reasonably believe have such authority, have a duty to report Sexual Misconduct to the Title IX/Equity Coordinator. However, any member of the College community, including students, faculty, employees, and third-parties, who become aware of Sexual Misconduct which violates College Policy should promptly notify a Title IX/Equity Coordinator of such violations. Law Enforcement: The College encourages victims to report instances of Sexual Misconduct which constitute a crime to local law enforcement, but it is a victim’s right to choose whether to make a report or decline law enforcement involvement. In any emergency situation, law enforcement can always be reached by dialing 911. The Sheldon Police Department can also be reached at their non-emergency phone number, 712-324-2525. The College’s Title IX/Equity Coordinator can assist a victim with making a report to law enforcement. Filing a Complaint The Title IX/Equity Coordinator or designee will explain the procedures for filing and investigating the complaint, and refer the complainant to other resources (including counseling or law enforcement) as appropriate. Complaints should be filed as soon as possible after the date of the alleged Sexual Misconduct, and a written complaint is preferable. A written complaint should include the following information: a) Complainant’s name; b) Name of the person against whom the complaint was made, including job title or student status, if known; c) A clear and concise statement of the facts that constitute the alleged Sexual Misconduct, including dates on which the acts were committed and any information to identify witnesses. The respondent will have the right to see the written complaint, and thus concerns about confidentiality should be raised when completing a written complaint. As noted above, the College may or may not be able to honor all requests to keep the details or identities in a complaint of Sexual Misconduct confidential, and will need to weigh the interests of the complainant against its obligation to provide a safe, non-discriminatory environment for all students and employees, including the complainant. If the College honors requests for confidentiality in the complaint process, a complainant must understand that the College’s ability to fully investigate the incident and pursue disciplinary action against the respondent may be limited. Complaint Resolution Process Upon receipt of a complaint or report of Sexual Misconduct, the College will proceed with a prompt, fair, and impartial investigation and resolution process as described below, and where appropriate, sanctions and corrective measures will be taken. College officials who receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking (and on how to conduct an investigation and process that protects the safety of victims and promotes accountability) will handle such complaints. 1. Complaint Investigation and Resolution – Students For complaints against students or student organizations, the College’s Student Discipline Code will govern the investigation and adjudication process. 2. Complaint Investigation and Resolution – Faculty and Staff For complaints against faculty or staff, the following procedures will govern the investigation and adjudicatory process: A. Notice of Complaint. Upon receiving a complaint, the Title IX/Equity Coordinator will prepare a Notice of Complaint. The Notice of Complaint shall be provided to both parties at the same time and contain the following information: (i) the complainant’s name (unless the Title IX/Equity Coordinator has decided to honor a request by the complainant to remain confidential); (ii) the respondent’s name; (iii) the date(s) of the alleged misconduct; (iv) a brief description of the allegations; (v) the specific provisions of the Sexual Misconduct Policy that were allegedly violated; and (vi) a brief description of the investigatory process that will follow. The Notice of Complaint will also be provided to the College’s Director of Human Resources. B. Informal Resolution Process. In some cases, the Title IX/Equity Coordinator may determine, after receiving a complaint and conducting a review of the circumstances, that informal resolution is an appropriate means of addressing reported behaviors and responding to the complainant’s concerns. Informal resolution will only be pursued when both parties voluntarily agree to informal resolution, and the parties are informed in writing of their right to request the complaint be handled under formal resolution at any time. During the informal resolution process, the parties will be given the same opportunities to have others present for interviews or meetings, which includes the opportunity to be accompanied to interviews by a silent representative/ support person/steward/advisor of their choice. The informal resolution process will only be utilized in appropriate cases. In no event will informal resolution be used in cases of Sexual Assault/Abuse, or where there is a power differential between the parties (e.g., if the complainant is a student and the respondent is an employee with authority over the student). At no time during the informal resolution process will the complainant be required to resolve the issue directly with the respondent. Sanctions and/or protective measures may be taken as the result of an informal resolution process, if both parties agree to such measures. The parties will be informed simultaneously and in writing of any measures taken, and any resolution reached will be final. The College will retain a record of the resolution reached. 39 College Information


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