Upon notification and awareness of allegations of sexual harassment, the College will take immediate safety and security measures and appropriate action to assess, and/or investigate what occurred. This obligation applies to sexual harassment covered by this Policy and Procedures regardless of whether a parallel law enforcement investigation or action is pending.
Upon receiving a report of alleged sexual harassment, regardless of whether a formal complaint is filed, the Title IX Coordinator shall promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. If the complainant does not wish to file a formal complaint and the Title IX Coordinator concludes that misconduct has occurred that does not meet the definition of sexual harassment as defined in Section II of this Policy, the Title IX Coordinator shall refer the matter for processing under any other applicable College Policy and Procedure, which may include the Code of Student Conduct, Complaint Policy and Procedures for Students, Complaint Policy and Procedures for Employees, Employee Misconduct Policy
Equitable Treatment: The College will treat complainants and respondents equitably by offering supportive measures to complainants and by adhering to the grievance process outlined in the Title IX Policy, before imposing any disciplinary sanctions or other sanctions that are not supportive measures against respondents.
The Frederick Community College policy and procedures are detailed fully here.
Upon receiving a formal complaint, the Title IX Coordinator(s) shall initiate the following grievance process, which shall at all times be guided by the following basic principles:
- Equitable treatment of the parties by providing remedies and by following the grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
- Objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and prohibition of credibility determinations depending on a party’s status as complainant, respondent, or witness.
- Requirement that any person designated as a Title IX Coordinator, investigator, decision maker, or any person designated to facilitate an informal process not have a conflict of interest against complainants and respondents generally or an individual complainant and respondent.
The College will ensure that all persons serving as Title IX Coordinators, investigators, decision makers, and informal resolution facilitators will receive training on:
- the definition of sexual harassment set forth above;
- the scope of the College education program or activity;
- how to conduct an investigation and grievance process; and
- how to serve impartially.
- Presumption that the respondent is not responsible for the alleged conduct until a determination has been made at the conclusion of the grievance process.
- Prompt resolution of the grievance process, provided, however, that delays may be permissible for good cause such as law enforcement involvement, absence of a party, witness, or advisor, or translation or other accommodation needs.
- Description of the range of possible disciplinary sanctions and remedies the College may implement following any determination of responsibility.
- Application of the preponderance of the evidence standard for formal complaints against students and employees.
- Providing of an avenue and permissible bases for the parties to appeal.
- Provision of a range of supportive measures to the parties.
- Unless waived, the process will not allow, rely upon, or otherwise use questions or evidence that constitute or seek disclosure of information protected by a legally recognized privilege.
The College shall not, and shall not permit any of its employees, agents, or students, to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX and its regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.