1. Training: All individuals involved in conducting disciplinary proceedings and appeals shall receive annual training on the student code of conduct, investigations, and the hearing process; this shall include training on how to conduct an investigative and hearing process that protects the safety and welfare of complainant and responded and promotes accountability.
2. Filing a Report
a. Any person who witnesses or learns of a potential violation of the Community Standards and Student Code of Conduct may report the incident to the appropriate Judicial Decision Maker/Committee by filing an incident report.
b. Incident report forms may be obtained on the college website. Information in the incident report should include but not be limited to the following.
c. Reporting person’s name, address, phone, and student identification number (contact information and ID number shall not be released to the Respondent without written permission of the person reporting the incident);
i. Date, time, and location of incident;
ii. Person(s) involved in the incident;
iii. Victim(s) or damages involved in the incident;
iv. Complete narrative description of the incident;
v. Name of Witnesses to the incident;
vi. Any other information deemed appropriate.
3.Investigation and Resolution of Complaint by Judicial Decision Maker/Committee
In most circumstances, the following procedure shall apply to the Judicial Decision Maker/Committee. In some circumstances, federal law dictates that a different procedure shall apply, which will be set forth in the appropriate policy and communicated to the relevant parties in a timely fashion.
a. The fact that a complaint has been filed creates no presumption that the Respondent has committed the alleged offense. The complaint will be referred to the appropriate Judicial Decision Maker/Committee, which will investigate (or request a formal investigation by an impartial investigator) and hear all complaints and may
i.) dispose of the complaint as unfounded;
ii.) mediate an informal resolution; or
iii) issue (or recommend to be issued) sanctions as described in Section IV above.
b. The Respondent and the Complainant, where applicable, have the right to be assisted by an advocate of their choice. An advocate, however, is not permitted to speak or to participate directly in any investigation or hearing before the Judicial Decision Maker/Committee.
c. Within five (5) business days after the Respondent has been notified of the report, the Judicial Maker/Committee shall set a date and time for an initial hearing.
d. At the initial hearing, the Judicial Decision Maker/Committee may receive evidence from the Complainant and the Respondent regarding any interim sanctions and shall determine whether
i. the complaint should be disposed without further investigation and a report issued setting forth the findings and the sanctions, if any, to be imposed;
ii. mediation is appropriate; or
iii. a formal investigation is required. In the event a formal investigation is required, the Judicial Decision Maker/Committee will accept the findings of the investigator(s) and provide a report of the findings to respondent.
e. If the Respondent is not in attendance at the judiciary hearing, the Judicial Decision Maker/Committee may proceed with what evidence has been submitted.
f. Whether the investigation is completed by the Judicial Decision Maker/Committee or an impartial investigator, all findings will be based on a preponderance of the evidence; i.e., evidence that would lead a reasonable person to believe that it was more likely than not that the Respondent committed the alleged offense.
g. If the investigator’s report contains a finding that the Respondent committed the alleged offense, a time shall be set for an outcome or sanctions hearing before the Judicial Decision Maker/Committee to be held not less than one day nor more than ten days after the investigation report is issued.