Student Rights

Student Grievance Procedure

If you have a grievance because of a grade received, academic related problem, or other grievable situation, you may follow a step-by-step process that could include the instructor, Program Director, Academic Dean, a Vice President and the President. The President shall serve as the final arbiter.  Definition—working day: any day when the Administrative Offices are open.

LEVEL I—Instructor

A student with a grievance should first discuss it with his/her instructor in an effort to resolve the problem.

LEVEL II—Program Director

When the grievance is not resolved at Level I, the student should discuss it with the Program Director (where applicable) with the objective of resolving the grievance informally.

LEVEL III—Academic Dean

When the grievance is not resolved at Level II, the student should discuss it with his/her Academic Dean with the objective of resolving the grievance informally. 

LEVEL IV—Vice President

When the grievance is not resolved at Level III and the student wishes to pursue the grievance, the student shall file a formal complaint in writing and submit the written grievance to the appropriate Vice President. Grievances concerning grades, or other academic-related issues, shall be submitted to the Vice President of Student & Academic Services. Grievances concerning billing or other financial arrangements shall be submitted to the Vice President of College Operations and Finance. 

The filing of the formal, written complaint at Level IV must be within fifteen (15) working days from date of the event giving rise to the grievance or from the date the grievant could reasonably become aware of such occurrence. The grievant may request that a meeting concerning the complaint be held with the Vice President. A minor student may be accompanied at the meeting by a parent or guardian.

 The Vice President shall investigate the grievance and attempt to resolve it. A written report from the Vice President regarding action taken will be sent within fifteen (15) working days after receiving the formal complaint. 

LEVEL V—President

When the grievance is not resolved at Level IV, the grievant may process it to Level V by presenting a written appeal to the President of the College within ten (10) working days from the date the grievant receives the report from the Vice President. Within fifteen (15) working days after receiving the written grievance, the President will render a written decision. The decision of the President is final. 

This procedure in no way denies the right of the grievant to file formal complaints with the Iowa Civil Rights Commission, other agencies available for mediation or recertification of affirmative action grievances, or to seek private counsel for complaints alleging discrimination. 

Sexual Misconduct Procedures

The following procedures and processes shall be followed in cases of Sexual Misconduct, as defined under Board Policies 477 and 577. 

Confidentiality

The College is committed to creating an environment in which those who have experienced Sexual Misconduct are encouraged to come forward, while also protecting the privacy of all involved in an investigation. It is important that those reporting Sexual Misconduct understand the limits on confidentiality of the individual who they may contact for such assistance. Different people, depending on their positions, have different obligations with regard to confidentiality. Under Iowa law, communications with some individuals are confidential. Those who want to maintain confidentiality should always confirm whether confidentiality applies to the communication before they make the communication. Generally, confidentiality applies when seeking outside services from the following persons:

  • Trained and statutorily certified victim’s advocates;
  • Licensed psychological counselors or health care providers;
  • A personal attorney representing the victim; and/or a
  • Religious/spiritual counselor.

College employees cannot guarantee complete confidentiality. The College may have an independent obligation to report or investigate potential Sexual Misconduct, even if a complainant does not wish to initiate an official process. Therefore, absolute confidentiality cannot be promised with respect to a complaint of Sexual Misconduct or retaliation received by a non-confidential College employee. However, complaints about violations of this Policy will be handled in strict confidence, with personally identifiable information protected and information made available only to those who need to know in order for the College to promptly and thoroughly investigate and resolve the matter. The College must balance the needs of individual students with its obligation to protect the safety and well-being of the community at large.   

The College will also keep personally identifiable information out of public recordkeeping, including the College’s Annual Security Report of Crime Statistics under the Clery Act. 

Medical Attention and Evidence Preservation

After an occurrence of Sexual Assault/Abuse or other violence, a victim should consider seeking medical attention as soon as possible. Prompt medical attention is important both for physical/mental well-being and to preserve medical and physical evidence. Local medical attention is available at any of the following hospitals or clinics:

Sanford Sheldon Medical Center
118 N. 7th Avenue
Sheldon, IA 51201
1-712-324-5041 or toll-free 1-800-568-4320

Sanford Sheldon Clinic
800 Oak Street
Sheldon, IA 51201
1-712-24-5356 or toll-free 1-800-568-4332

Additionally, a free, confidential medical examination from a Sexual Assault Nurse Examiner (SANE) can be obtained. The SANE can conduct a sexual assault evidence collection kit to preserve forensic evidence of the assault within 120 hours after its occurrence. Bathing, douching, smoking, changing clothing and cleaning the scene of the assault is discouraged before seeking medical attention. 

Preserve other evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents. This evidence could be useful to the College and/or law enforcement if you choose to pursue the matter within the College and/or in court.

Victim Advocacy and Counseling

Victims of Sexual Misconduct may also want to contact an advocacy group for information and assistance, or seek mental health counseling. The following is a list of such resources on or accessible in the area: 

On Campus:

The Director of Secondary Programs and Student Development coordinates counseling for students, and makes referrals to outside agencies when needed.

To request a counseling referral, please contact Beth Frankenstein, bfrankenstein@nwicc.edu, 712-324-5061, Ext. 242.

Off-Campus:

Iowa Domestic Violence Hotline*
1-800-942-0333
www.cfiowa.org

National Domestic Violence Hotline*
1-800-799-SAFE (7233)
1-800-787-3224 (TTY)
http://www.thehotline.org  

For counseling services, please contact Dr. Beth Frankenstein at 1-800-352-4907, ext. 242.

*Denotes confidential resource.

As required under Title IX, the College, through its investigations and/or Title IX/Equity Coordinator, will offer its internal counseling services to any complainant who has begun the complaint process. It is ultimately complainant’s decision whether or not to accept the counseling service offered by the College.

Interim Protective Measures/Accommodations:

After receiving a report or complaint of Sexual Misconduct, reasonable interim protective measures/accommodations may be offered or requested, whether or not law enforcement is contacted. The College will also implement interim or protective action for both parties during an investigation, or when requested by the victim (when reasonably available). Such protective measures/accommodations may include:

  • Transfer of class sections;
  • Assistance in exploring incompletes, leave or withdrawal;
  • Changes in living, transportation, or working arrangements;
  • Referral to counseling and health resources, and assistance with notifying law enforcement;
  • Providing a campus no-contact agreement or order.

The College will keep any protective measures/accommodations confidential, to the extent confidentiality does not impair the College’s ability to provide the measures. 

Individuals may also pursue other civil or criminal no-contact/ protective orders through the court system. Additional information regarding such legal protections can be obtained through the Family Crisis Center in Sioux Center, Iowa, or the Clerk of Court of the Iowa District Court for Sioux County in Orange City, Iowa, or another court in your county of residence. 

In compliance with Iowa law, the College recognizes both criminal no-contact orders and civil protective orders. If an individual obtains an order of protection from a court in Iowa, the individual should provide a copy to the Title IX/Equity Coordinator. 

Amnesty for Complainants and Participants in Investigations

The College will not pursue disciplinary action for improper use of alcohol or other drugs against a student who reports or makes a complaint, in good faith, concerning an incident of Sexual Misconduct, or who participates, in good faith, in an investigation into an incident of Sexual Misconduct. 

Reporting Violations

To the College:            

A victim, the College, or a member of the College community may report or file an institutional complaint of Sexual Misconduct, whether or not it occurred on campus. To make a report and/or receive information regarding filing a complaint or to do so, contact: 

Title IX/Equity Coordinator (for employees)
Sandy Bruns
Phone:712-324-5061, Ext. 113  
Email: sandy@nwicc.edu

Title IX/Equity Coordinator (for students)
Beth Frankenstein
Phone: 712-324-5061, Ext. 242
Email: bfrankenstein@nwicc.edu 

“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:

  1. Complainant’s name;
  2. Name of the person against whom the complaint was made, including job title or student status, if known;
  3. 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.

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.

Complaint Investigation and Resolution – Faculty and Staff

For complaints against faculty or staff, the following procedures will govern the investigation and adjudicatory process:

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.

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.

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.

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.

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 partiesstating 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.

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.

For faculty and staff, sanctions could range from warning, reprimand, suspension with or without pay, demotion, or termination of employment, and may include such other forms of disciplinary action as appropriate under applicable College procedures, handbooks/manuals, or contracts. If a final decision imposes disciplinary action which constitutes termination of college personnel entitled to the hearing/ judicial review procedures of Iowa Code chapter 279, such procedures shall be followed as required by law.

Sanctions may also include protective measures regarding the complainant, including no-contact orders or changes in arrangement to academic or working situations. The College will also consider providing remedies for the broader campus community, as may be necessary to remedy the effects of the Sexual Misconduct.

Timeframe

In most cases, the complaint resolution process will be concluded within sixty (60) days after the complainant makes the official report. However, if circumstances are such that the process will not be rendered in this time-frame for good cause, the parties will be so advised in writing and provided a general time-frame for the conclusion of the process.

In regards to internal investigations and disciplinary proceedings regarding Sexual Misconduct, the above-discussed standards shall apply. Moreover, a respondent, 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 Title IX or the SaVE Act. The College President, and/or designee, may enact 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.   

Former Students, Former Employees, or Third Parties

If any party or parties are not under the full jurisdiction of the College (for example, former students, former employees, or other third parties), the College will conduct an investigation to the extent reasonably possible. In these situations, the College will endeavor to provide coequal rights and notifications to the parties, but may reasonably tailor the procedures to the circumstances. If a finding of Sexual Misconduct is made, the College may impose sanctions appropriate for the situation, such as a no readmission sanction, a no-rehire sanction, or a no trespass/no-contact order. 

Interplay with Criminal Proceedings

College disciplinary proceedings may be instituted against an individual charged with Sexual Misconduct that potentially violates both the criminal law and the College’s Sexual Misconduct Policy (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. College proceedings may be carried out prior to, simultaneously with, or following civil or criminal proceedings at the discretion of the Title IX/Equity Coordinator. Determinations made or sanctions imposed under this Policy will not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant. College conduct proceedings are separate from criminal or civil litigation. Formal rules of process, procedure, and/or technical rules of evidence, such as those applied in criminal or civil court, are not used by the College. 

Title IX/Equity Coordinator

The College’s Title IX/Equity Coordinator or his/her designee (“Title IX Coordinator”) coordinates the College’s response to reports of Sexual Misconduct under this policy. The Title IX Coordinator does not serve as an advocate for either the complainant or the respondent. The Title IX Coordinator will explain to both parties the informal and formal processes and the provisions of confidentiality. Where appropriate, the Title IX Coordinator will provide to both parties information on options for obtaining advocacy, medical and counseling services, and making criminal reports, and will assist with providing information on other resources. The Title IX Coordinator will coordinate with other campus officials to take appropriate interim actions such as no contact orders and academic accommodations. The Title IX Coordinator is trained and knowledgeable about enforcement, compliance, communication, and implementation of the College’s anti-harassment and anti-discrimination policy. 

The Title IX Coordinators’ contact information is as follows: 

Title IX/Equity Coordinator (for employees)
Sandy Bruns
Phone: 712-324-5061, Ext. 113 
Email: sandy@nwicc.edu

Title IX/Equity Coordinator (for students)
Beth Frankenstein
Phone: 712-324-5061, Ext. 242
Email: bfrankenstein@nwicc.edu 

College Reporting Requirements 

The Jeanne Clery Disclosure of Security Policy and Campus Crime Statistics Act (“Clery Act”) requires the College to report certain crime statistics and disclose security-related information. The annual security report issued by the College in compliance with the Clery Act will include, in addition to other required information, statistics regarding any incidents of sexual assault, domestic violence, dating violence, or stalking that have occurred within the locations governed by the Clery Act and that have been reported to a local law enforcement agency or a campus security authority. For purposes of these reporting requirements, the foregoing crimes shall be defined as stated herein (however, if the definitions in this Policy and the definitions in the Clery Act are ever in conflict, the definitions in the Clery Act control). The annual security report will also include, under the “hate crimes” category of reportable offenses, statistics regarding incidents motivated by the victim’s actual or perceived national origin or gender identity. For all annual and interim reports, the College will withhold as confidential, to the extent permitted by law, the names of all victims.

Written Notification

The College will provide written notification to College students, faculty, and staff about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims of domestic violence, dating violence, sexual assault, and stalking, both within the institution and in the community. The College will also provide written notification to victims of domestic violence, dating violence, sexual assault, and stalking about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures by providing them a copy of the Sexual Misconduct Policy (Board Policies 477 and 478) and these Procedures. The College will also provide a copy of the Sexual Misconduct Policy (Board Policies 477 and 478) and these Procedures to a student or employee who reports to the College that the student or employee has been a victim of Sexual Misconduct (whether the offense occurred on or off campus), as a written explanation of the student or employee’s rights and options. 

Education and Training

The College will offer all new students and new employees primary prevention and awareness programs that promote awareness of rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking. These programs will include the following:

  1. A statement that the College prohibits rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking.
  2. The definition of the above-listed offenses pursuant to Iowa law.
  3. The definition of consent in the context of sexual offenses pursuant to Iowa law.
  4. Safe and positive options for bystander intervention an individual may take to prevent harm or to intervene if he or she witnesses or is confronted with potential rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking. 
  5. Recognition of signs of abusive behavior and how to avoid potential attacks.

In addition to the above-discussed programs for new students and new employees, the College will also offer all students and employees ongoing prevention and awareness campaigns that address the foregoing five items. All such programs and campaigns will be reported and described in the annual security report issued by the College in compliance with the Clery Act. 

Discriminatory Harassment Procedures

The following procedures and processes shall be followed in cases of Discriminatory Harassment, as defined under Board Policies 478 and 578.

Reporting Violations

Any member of the College faculty, staff or student body who believes he/she may have been subjected to discriminatory harassment or knows someone who may have been subjected to discriminatory harassment may report a violation to the College. 

Individuals who feel that they have been harassed should first communicate to the harasser that the individual expects the behavior to stop, if the individual is comfortable doing so. Offensive conduct may have been thoughtless or based on a mistaken belief that it was welcome. If the individual wants assistance communicating with the harasser, the individual can contact the College’s Equity Coordinator for assistance. 

Complaints

If the harassment does not stop, or the individual does not feel comfortable confronting the harasser, the individual should promptly report the behavior to an Equity Coordinator, Director of Human Resources, or other College administrator. The College is committed to preventing discriminatory harassment, but cannot do anything to remedy the problem if it is unaware that a problem exists. 

Investigation

If an individual complains of discriminatory harassment, the complaint will be investigated. An investigation may be commenced in the absence of a written complaint. If any of the parties feel that the assigned investigator has a conflict of interest, they should inform an Equity Coordinator, Director of Human Resources, or other College administrator, as early as possible. If the investigator is a witness to the incident, an alternate investigator shall investigate. 

For complaints against students or student organizations, the College’s Student Conduct Code will govern the investigation and adjudication process. 

For complaints against faculty or staff, the following procedures will govern the investigation and adjudicatory process:

The investigator will reasonably and promptly commence the investigation upon receipt of the complaint. The investigator will interview the complainant and the respondent. The respondent may file a written statement in response to the complaint. The investigator may also interview witnesses as deemed appropriate. 

Upon completion of the investigation, the investigator will make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the Director of Human Resources or designee. The investigator will provide a copy of the findings of the investigation to the Director of Human Resources or designee. 

Following receipt of the investigator’s report, the Director of Human Resources or designee may investigate further, if deemed necessary, including interviewing the complainant and the respondent. The Director of Human Resources or designee will make a determination of any appropriate additional steps, which may include discipline. The Director of Human Resources or designee will file a written report and documenting any disciplinary action taken, or any other action taken, in response to the complaint. The complainant, respondent, and the investigator will receive notice as to the conclusion of the investigation. 

The Director of Human Resources or designee’s decision may be appealed to the President within five (5) business days of receiving notice of the determination. Such appeals will be in writing and delivered to the President’s Office. If an appeal is timely filed, the President’s Office 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 within five (5) business days. The President or designee will then review the record on appeal, and may affirm, reverse, or modify the decision regarding the violation and/or discipline imposed.

A written decision of the President or designee shall be provided to the parties and the Director of Human Resources. 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.  Evidence uncovered in the investigation will be treated as confidential, subject to applicable law. 

Information received during the investigation is kept confidential to the extent possible. Absent extenuating circumstances, the investigation and resolution of the complaint will generally be concluded within sixty (60) days. 

If the results of an investigation show that the complainant knowingly filed false accusations of discriminatory harassment, or that a witness gave false statements, such individuals will be subject to appropriate disciplinary action. A finding for the respondent does not constitute a finding that the complaint was made in bad faith. 

Retaliation Prohibited

Retaliation of any kind against anyone seeking guidance, filing a complaint or participating in an investigation for discriminatory harassment is prohibited. Examples of retaliation include, but are not limited to, any action that has an adverse impact on employment, compensation or work assignments, or, in the case of students, grades, class selection or any other matter pertaining to student status.

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