C. Harassment

Harassment, including sexual harassment, is a form of discrimination. Rend Lake College does not tolerate any form of harassment in work or study. The College considers such behavior – whether physical or verbal – to be a breach of its standards of conduct. It will seek to prevent such incidents and will investigate and take corrective actions in response to alleged or suspected violations of this policy. Sexual abuse, sexual assault, dating violence and domestic violence are severe forms of sexual harassment and are violations of this policy as well as the State Criminal Code.

PROCEDURE

A. Reporting

Title IX Coordinators

B. Procedures for Addressing Violations of this Policy

C. Procedure for Addressing Title IX Sexual Harassment Complaints

•  Notice of the grievance process, including the informal resolution process.
• Notice of the allegations of sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.
• A statement that the respondent is presumed not responsible and that a determination regarding responsibility will be made at the end of the grievance process.
• Notification that the parties each may have an advisor of their choice, who may be but is not required to be an attorney. If a party is not able to secure an advisor, the college will provide one at no cost to that party.

If, during the investigation, the college chooses to investigate any additional allegations against either the complainant or respondent, the college will send an amended notice. 

1. Under Title IX regulations, the college must dismiss sexual harassment complaints when the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this section even if proved, did not occur in the college’s education program or activity, or did not occur against a person in the United States.
2. The college may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing: A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; the respondent is no longer enrolled or employed by the college; or specific circumstances prevent the college from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
3. If a formal complaint is dismissed for any of the above reasons, prompt notification of the dismissal and the reason for it will be sent to the parties. Dismissals of formal complaints under Title IX do not preclude the college from pursuing matters under the other sections of Policy 2.1200.

The college may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances. 

1. Informal Resolution Process for Title IX Complaints:
If both parties agree in writing, a formal complaint may go through an informal resolution process. In this event, the college will provide both parties with a written notice including the allegations; the requirements of the informal resolution process; any circumstances under which the parties are precluded from resuming a formal complaint arising from the same allegations, provided that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. The informal resolution process will follow that outlined in section B(1)(b) of this policy. 
Informal resolution is not an option in an allegation of an employee sexually harassing a student, nor in instances in which sexual misconduct that constitutes sexual assault or sexual violence, or conduct constituting dating violence, domestic violence, or stalking, is alleged. 

2. Formal Resolution Process for Title IX Complaints
The formal resolution process will include a thorough, impartial investigation by a trained Title IX investigator. The investigation includes interviewing the parties and relevant witnesses, and reviewing written statements, documents, records, and other communications or forms of evidence not protected by unwaived privilege.
The formal resolution process must include a live hearing, resulting in a determination of the respondent’s responsibility. The respondent is presumed to be not responsible, and the preponderance of evidence standard will be used. The burden of gathering evidence and burden of proof is on the college. 

During the formal resolution process, the college will: 

• Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
• Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
• Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding; however, the college may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties;
• Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
• Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the college does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the college will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report. The college will make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination; and
• Create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a hearing or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.

3. Live Hearings
The live hearing will be conducted by a disciplinary committee formed by the college President and chaired by the appropriate Vice President or other designee of the President. As the decision maker, the committee chair cannot be the Title IX Coordinator nor the investigator. At the live hearing, each party’s advisor is permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.

At the request of either party, the college will provide for the entire live hearing (including cross-examination) to occur with the parties located in separate rooms with technology enabling the parties to see and hear each other. 

Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the chair will first determine whether the question is relevant and explain to the party’s advisor asking cross-examination questions any decision to exclude a question as not relevant. It is strongly recommended that questions be submitted to the chair prior to the live hearing. 

If a party does not have an advisor present at the live hearing, the college will provide, without fee or charge to that party, an advisor of the college’s choice who may be, but is not required to be, an attorney to conduct cross-examination on behalf of that party. 

Complainants have rape shield protections, deeming irrelevant questions and evidence about a complainant’s prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent.

Live hearings may be conducted with all parties physically present in the same geographic location or, at the college’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually.

The college will create an audio or audiovisual recording, or transcript, of any live hearing, and will be made available for inspection or review by the parties. 

4. Determination Regarding Responsibility
The decision-maker must issue a written determination regarding responsibility. The written determination must include:

• Identification of the allegations potentially constituting sexual harassment as defined by Title IX
• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held
• Findings of fact supporting the determination
• Conclusions regarding the application of the college’s code of conduct to the facts
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the college imposes on the respondent, and whether remedies designed to restore or preserve equal access to the college’s education program or activity will be provided to the complainant. The range of potential sanctions can be found in Section B(2)(d) of Policy 2.120
• The college’s procedures and permissible bases for the complainant and respondent to appeal

The college will provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the college provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. The Title IX Coordinator is responsible for effective implementation of any remedies.

5.    Appeals
The college offers both parties an appeal from a determination regarding responsibility, and from dismissal of a formal complaint or any allegations therein, on the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
• The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

If pursuing an appeal, a party must file notice of appeal within 14 days of the issuance of the written determination. Upon receiving notice of appeal, the college will: 

• Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;
• Ensure that the decision-maker for the appeal is not the same person as the decision-maker who reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
• Ensure that the decision-maker for the appeal has no conflict of interest and has been trained as required;
• Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;

The decision maker for the appeal will be designated by the college President. The decision maker will review the written statements of both parties, as well as any relevant evidence from the investigation. The decision maker will issue a written decision describing the result of the appeal and the rationale for the result, and provide that decision simultaneously to both parties. The decision will be issued within a reasonable time frame, generally within 15 days of the receipt of written statements from the parties. 

If any portion of this policy regarding Title IX processes conflicts with the provisions of Title IX of the Education Amendments Act of 1972, the provisions of Title IX will control.  

D. General Provisions