Upon receipt of Notice, a Complaint, or Knowledge of an alleged Policy violation, the Deputy/Title IX Coordinator will initiate a prompt initial evaluation to determine the College’s next steps. The Deputy/Title IX Coordinator will contact the Complainant/source of the Notice to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

The Deputy/Title IX Coordinator conducts an initial evaluation typically within ten (10) business days of receiving Notice/Complaint/Knowledge of alleged misconduct. This involves the scheduling of an intake meeting with the Complainant to better understand the Notice/Complaint. After issuance of the Notice, the Respondent will be provided an opportunity to meet with the Title IX Coordinator. Both the Complainant and the Respondent are permitted to have an Advisor present. Click here to learn more about that Advisor role. The initial evaluation typically includes:

• Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
• If the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process, if applicable.
• Determining whether the College has jurisdiction over the reported conduct, as defined in the Policy.
• If the conduct is not within the College’s jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate College office for resolution.
• Offering and coordinating supportive measures for the Complainant.
• Offering and coordinating supportive measures for the Respondent.
• Notifying the Complainant, or the person who reported the allegation(s), of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below.
• Determining whether the Complainant wishes to make a Complaint.
• Notifying the Respondent of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below, if a Complaint is made.

Title IX Coordinator Authority to Initiate a Complaint

If the Complainant does not wish to file a Complaint, the Title IX Coordinator, who has ultimate discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Title IX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone's safety or if the College cannot ensure equal access to its education program and activities without initiating a Complaint. The Title IX Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:

• The Complainant’s request not to proceed with initiation of a Complaint;
• The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
• The risk that additional acts of discrimination would occur if a Complaint is not initiated;
• The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
• The age and relationship of the Parties, including whether the Respondent is a College employee;
• The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals;
• The availability of evidence to assist a Decision-maker in determining whether discrimination occurred;
• Whether the College could end the alleged discrimination and prevent its recurrence without initiating its resolution process.

If deemed necessary, the Title IX Coordinator may consult with appropriate College administrators and staff, and/or conduct a violence risk assessment to aid their determination whether to initiate a Complaint.

When the Title IX Coordinator initiates a Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this Policy.

The College may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met:

1. The College is unable to identify the Respondent after taking reasonable steps to do so
2. The College no longer enrolls or employs the Respondent
3. A Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the Title IX Coordinator declines to initiate a Complaint
4. The College determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven

A Decision-maker can recommend dismissal to the Title IX Coordinator, if they believe the grounds are met. A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it.

Upon any dismissal, the College will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, the College will also notify the Respondent of the dismissal.

This dismissal decision is appealable by any party. Please see the Appeals section of this policy for more information.

Possible Interim or Supportive Measures

The College will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged sex discrimination, sex-based harassment, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to CCA’s education program or activity, including measures designed to protect the safety of all Parties and/or CCA’s educational environment and/or to deter sex discrimination, sex-based harassment, and/or retaliation.

The Deputy/Title TIX Coordinator promptly makes supportive measures available to the Complainant upon receiving Notice/Knowledge or a Complaint. At the time that supportive measures are offered, if a Complaint has not been filed, CCA will inform the Complainant, in writing, that they may file a Complaint with the College either at that time or in the future. CCA will also offer supportive measures to the Respondent. The Deputy/Title TIX Coordinator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

The College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair CCA’s ability to provide those supportive measures. The College will act to ensure as minimal an academic/occupational impact on the Parties as possible. The College will implement measures in a way that does not unreasonably burden any party.

These actions may include, but are not limited to:

• Implementing contact limitations (no contact orders) between the Parties
• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation assistance
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely warnings (per the Clery Act)
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.

The Parties are provided with a timely opportunity to seek modification or reversal of CCA’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Deputy/Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the definition of supportive measures in § 106.2 of the federal Title IX Regulations. The College will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances change materially. The College typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.

These measures may also be part of the plan of final measures that are required by the Outcome Letter.

Emergency Removal/Interim Actions/Leaves

CCA can act to remove a student Respondent accused of Sex Discrimination or Sex-based Harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individuals justifies removal. This risk analysis may be done in conjunction with the Violence Threat Assessment Team/ Behavioral Intervention Team using its standard objective-violence risk assessment procedures. Employees are subject to existing procedures for interim actions and leaves.

When an emergency removal or interim suspension is imposed, wholly or partially, the affected student or employee will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification. Upon receipt of a challenge, the Administrator will meet with the student or employee (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal or interim suspension will be deemed waived. A student or employee can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Administrator determines it is equitable to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Administrator for review.

An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Administrator will communicate the final decision in writing, typically within three (3) business days of the review meeting.

Placing an Employee on Leave

When the Respondent is an employee, or a student employee accused of sexual misconduct or sex discrimination in the course of their employment, existing provisions (please see Student Code of Conduct, Employee Handbook or Faculty Handbook as applicable) for interim action are typically applicable instead of the above emergency removal process. [Procedures for unionized employees can be found here.]

Prior to an investigation, the Deputy/Title IX Coordinator will provide each Party with a detailed written NOIA. When the College determines there are additional allegations, the College should issue updated NOIA’s For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA will include:

• A summary of all allegations
• The identity of the involved Parties (if known)
• The date and location of the alleged incident(s) (if known)
• The specific policies/offenses implicated
• A description of, link to, or copy of the applicable procedures
• A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
• The name(s) of the Investigator(s), along with a process to identify to the Title IX Coordinator, in advance of the interview process, any conflict of interest that the Investigator(s) may have
• A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
• A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence
• A statement that retaliation is prohibited
• Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share the College’s work product obtained through the Resolution Process
• A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the Resolution Process
• A statement informing the Parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process
• Detail on how a party may request disability accommodations during the Resolution Process
• A link to the College’s VAWA Brochure
• An instruction to preserve any evidence that is directly related to the allegations
• A statement that Parties who are members of a union are entitled to union representation throughout the process

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the Parties as indicated in official College records, or emailed to the Parties’ College-issued email or designated accounts. Once mailed, emailed, and/or received in person, the notification will be presumptively delivered.

The Intake Officer may also collect additional information or speak with any witnesses or non-Parties that may have relevant information concerning a reported incident, in an effort to gather preliminary information to make an initial assessment of the matter. The preferences of the Complainant and the Respondent as to witnesses to be interviewed may be stated by them and will be taken into consideration by the Intake Officer and/or Investigator.

Resolution Timeline

The College will make a good faith effort to complete the Resolution Process within sixty to ninety (60-90) business days, including any appeals, which can be extended as necessary for appropriate cause by the Title IX Coordinator. The Parties will receive regular updates on the progress of the Resolution Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on issues such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

If a party or witness chooses not to participate in the Resolution Process or becomes unresponsive, the College reserves the right to continue it without their participation to ensure a prompt resolution.

The College may undertake a short delay in its investigation if circumstances require. Such circumstances include but are not limited to the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. The College may also consider whether it is appropriate to delay an investigation on a short-term basis in response to a law enforcement request. The College will promptly resume its Resolution Process as soon as feasible. During such a delay, the College will implement and maintain supportive measures for the Parties as deemed appropriate.

College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

The College will make a good faith effort to complete the Resolution Process as promptly as circumstances permit and will communicate regularly with the Parties to update them on the progress and timing of the process.

When a complaint progresses to the investigation phase, there are two types of resolution options: informal resolution or administrative resolution. The resolution process is dependent on the severity of the complaint and considers the Parties’ preferences but is ultimately determined at the Title IX Coordinator’s discretion. Click here for more details on the various types of processes.

Within fifteen (15) business days of the conclusion of the Resolution Process, the Title IX Coordinator provides the Parties with a written outcome notification. The outcome notification will specify the finding for each alleged Policy violation, any applicable sanctions that the College is permitted to share pursuant to state or federal law, and a detailed rationale, written by the Decision-maker, supporting the findings to the extent the College is permitted to share under federal or state law.

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to take to request an appeal, and when the determination is considered final if neither party appeals.

The Title IX Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in official College records, or emailed to the Parties’ College-issued or designated email account. Once mailed, emailed, and/or received in person, the outcome notification is presumptively delivered.

Continue to Resolution Options Overview.