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C. Investigation/Fact-Finding The Title IX/Equity Coordinator will assign an Investigator to conduct the fact-finding and investigation. If, prior to the initiation of the investigation, either party alleges that an Investigator has a conflict of interest, after hearing from both parties on the topic, the Title IX/Equity Coordinator will decide whether to excuse the Investigator and announce his/her decision in writing to both parties. This investigation will include documented interviews of the complainant, the respondent, and witnesses with relevant knowledge, as well as a review of relevant documents and evidence. Both parties will: • Be permitted to present their version of events and provide any supporting evidence; • Have the same opportunity to be accompanied to interviews by a silent representative/advisor of their choice. The silent representative or advisor will not be allowed to provide information or ask questions during the interview process; • Be permitted to identify witnesses; • Be given an opportunity to review all tangible evidence submitted or identified by the other party and given an opportunity to comment on that evidence, unless safety considerations prevent such disclosure; and • Be notified of the witnesses identified by the other party and be given an opportunity to comment on those witnesses and identify rebuttal witnesses, unless safety considerations prevent such disclosure. The Investigator may hold as many meetings with the parties as is necessary to gather facts; provided, however, the first meeting shall be conducted within five (5) business days of the date the complaint is first received. Following the investigation, the Investigator will complete an investigative report detailing their investigation and findings of fact. This investigative report, and the entire investigative file, will be transferred to the Director of Human Resources or his or her designee. The Investigator will simultaneously notify the parties that the case has been transferred to the Director of Human Resources and/or designee, and they shall receive a copy of the investigative report. The parties will be permitted to submit to the Director of Human Resources and/or designee any additional or new evidence they believe relevant to the decision within five (5) days of receiving the investigative report. D. Determination. After reviewing the record, the Director of Human Resources and/or designee may attempt to gather any more evidence deemed necessary to decide the case. The Director of Human Resources and/or designee will then render a determination. The Director of Human Resources and/or designee shall provide the results of his/her determination to the Title IX/Equity Coordinator and the parties simultaneously in writing. The determination shall include (i) whether a preponderance of the evidence supports a finding that the Sexual Misconduct policy was violated with respect to each allegation in the complaint, including essential findings; (ii) individual remedies for the complainant and/or steps being taken to eliminate the Sexual Misconduct and prevent recurrence; and (iii) sanctions imposed. The complainant may only be informed of sanctions imposed on the respondent that directly relate to the complainant (such as requiring that the respondent stay away from the complainant for some period, prohibiting the respondent from working at the school for some period; or transferring the respondent to another job). A “preponderance of the evidence” is evidence from which the Director of Human Resources and/or designee can determine that it is more likely than not that a violation occurred. E. Appeal. The Director of Human Resources or designee’s determination may be appealed, by either party, to the Title IX/ Equity Coordinator within five (5) business days of the determination. Such appeals will be in writing and will be delivered to the Title IX Coordinator. If an appeal is timely filed, the Title IX Coordinator will send written notification to the parties stating the appeal has been filed and that they have the opportunity to submit additional relevant information and/or statements for review to the Title IX Coordinator within five (5) business days. The President of the College or designee will then review the record on appeal (including all investigative materials, reports, complaint forms, and notices to the parties) to (i) assess whether a material deviation from written procedures impacted the fairness of the investigation; (ii) determine whether the decision was supported by substantial evidence; (iii) determine whether the sanction(s) imposed were appropriate for the violation; or (iv) consider new information. The President or designee may affirm, reverse, or modify the decision regarding the violation and/or sanctions imposed. A written decision of the President or designee shall be provided to the parties, Director of Human Resources, and the Title IX/Equity Coordinator. The written appeals decision shall be completed within twenty (20) days of the date of appeal, or longer for good cause. The decision of the President or designee shall be final. 3. Sanctions For students, sanctions include, but are not limited to, an educational sanction, reprimand, probation, restitution, fine, denial of privileges, no-contact order, housing transfer or removal, suspension, and/or expulsion or termination, as set forth in the College’s Student Conduct Code. 40 Northwest Iowa Community College Catalog 2017–2018 Student Rights


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