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Upon receiving a complaint, an Equity Officer shall confer with the accuser in order to obtain a clear understanding of his or her statement of the facts, and shall then attempt to meet with the accused in order to obtain his or her response to the complaint. However, the complaint will not be discussed with anyone else without the accuser's permission. The Equity Officer 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. After completing his or her fact-finding regarding a complaint, the Equity Officer may proceed as follows: a. Attempt to resolve the matter informally through conciliation; or b. Transfer the record to the President of the College or his or her designee, and so notify the parties by certified mail. After reviewing the record, the President or his or her designee may attempt to gather any more evidence deemed necessary to decide the case, and thereafter impose any sanctions deemed appropriate, including a recommendation to the Board of Trustees for an educational sanction, reprimand, probation, restitution, fine, denial of privileges, no-contact order, housing transfer or removal, suspension, and/or expulsion or termination. Consideration by the Board of Trustees shall be deemed the “hearing level” in this procedure and the Board's decision shall be final. In regards to internal investigations and disciplinary proceedings regarding sexual violence, the above-discussed standards shall apply. Moreover, an accused, regardless of the extent to which he or she may be involved in such investigations and proceedings, may seek redress in other appropriate forums. No person shall be subject to retaliation by any member of the College community because of his or her involvement in the above-discussed internal investigations and proceedings or because that person has exercised his or her rights under any provision of the SaVE Act. The College President, or his or her designee, may compose such additional procedures and regulations that may be necessary from time-to-time to ensure the SaVE Act is consistently adhered to by the College and its community. Sexual & Gender Harassment Reference Board Policy 578 It is the policy of the College to maintain an environment conducive to work and study. Such an environment is free of sexual and gender harassment and all forms of sexual intimidation and exploitation. The College will take action to prevent and correct such behavior. The College does not condone actions or words which a reasonable person would regard as sexually harassing or coercive. The Equal Employment Opportunity Commission characterizes sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” The following behaviors will not be tolerated: abusing the dignity of a student through insulting or degrading sexual remarks or conduct; threats, demands, or suggestions that a student’s academic progress is contingent upon his/her toleration of, or submission to, sexual advances. The relationship between faculty, staff, and students is central to the mission of the College. It is essential to establish that the standard of expected conduct in the relationship goes beyond the normal description of sexual harassment. Therefore, the College will view it as unethical and inappropriate if staff members engage in amorous relations with students enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship. Exceptions include previous and ongoing relationships such as husband and wife. Sexual and Gender Harassment Procedure 1. Any member of the college community who believes that he/she has been subjected to sexual or gender harassment shall report the incident(s) to the College’s Equity officers (EO), Sandy Bruns or Beth Frankenstein. 2. The College EO officer receiving complaints shall attempt to resolve the problem in an informal manner through the following interviewing process. a. The College EO officer shall confer with the grievant in order to obtain a clear understanding of the party’s statement of the facts. b. The College EO officer shall then attempt to meet with the charged party in order to obtain his or her response to the complaint. c. The College EO officer may hold as many meetings with the parties as is necessary to gather facts. However, the first such meeting shall be scheduled within five (5) working days of the date the complaint is first registered. d. On the basis of the College’s EO officer’s understanding of the situation, he/she may: (1) Attempt to resolve the matter informally through conciliation. (2) Report the incident and transfer the record to the President or designee, and so notify the parties by certified mail. (3) Require that the complaint be placed in writing and signed by the grievant at any step in this procedure. 3. After reviewing the record made before the College’s EO officer, the President or designee may attempt to gather any more evidence necessary to decide the case, and thereafter impose any sanctions deemed appropriate, including a recommendation to the Board of Trustees for termination or expulsion. Consideration by the Board of Trustees shall be deemed the “hearing level” in this procedure and their decision shall be final. 4. In investigating such complaints, the following shall apply: a. The person bringing the complaint will suffer no retaliation. b. The complaint will not be discussed with anyone else without the complainant’s permission. The right to confidentiality, both of the complainant and of the accused, will be respected. c. Use of the College’s internal process in no way prevents, or interferes with, the complainant’s right to seek redress in other appropriate forums. 41 College Information


NCC_Catalog
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