Students and staff may get assistance at the SAC or SCC Health Center for on and off-campus counseling and other support services. The district maintains a zero-tolerance policy regarding sexual misconduct. All reports of sex crimes on our facilities will be thoroughly investigated so that appropriate sanctions, including disciplinary, criminal, and civil action can be taken by the district and/or the State.
Initial Title IX Assessment
In every report, the District will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim measures to provide for the safety of the individual and the campus community.
The initial review will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, the investigation may be initiated depending on a variety of factors, such as the Complainant’s wish to pursue disciplinary action, the risk posed to any individual or the campus community by not proceeding, and the nature of the allegation.
Seeking Supportive Measures
Whether or not a student or employee reports to law enforcement and or pursues any formal action, if they report an incident of prohibited conduct under Title IX to the district, we are committed to providing them as safe learning or working environment during the grievance process.
Upon request, RSCCD will make any reasonably available change to a Complaint's academic and or working situation. Examples of supportive actions include but not limited to:
- A no-contact order placed between students, or between a student and another member of the college.
- Changes in academic and work schedules, and/or student groups/clubs/organizations.
- Assistance in requesting academic allowances, including rescheduling of exams and assignments.
- Providing alternative course completion options (with the agreement of appropriate faculty).
- Issuance of a timely warning to the college community.
- Providing academic support services, such as tutoring.
- Parking reassigned.
- Providing an escort to ensure safe movement between class and/or work locations on campus for Employees Interim Actions.
- A no-contact order placed between employees, or between an employee and another member of the college.
- Changes in work, duties assigned, work groups, office location, or supervision.
- Temporary suspension of duties.
In general, there are seven (7) steps to the resolution process to a formal complaint:
Intake Report or Notice
Upon receiving notice or a report of sexual misconduct, the Title IX Coordinator will seek to meet with the Complainant to review rights, options, and available resources, including a discussion of potential supportive measures. All persons who are a Complainant or a Respondent to this grievance process are permitted to bring an Advisor of their own choosing, including a family member or an attorney, to provide support. The Advisor may accompany the Party to any and all portions of the grievance process.
If a Complainant decides to pursue an investigation, or the Title IX Coordinator determines that an investigation is needed, a formal complaint must be submitted. This formal complaint provides details as it relates to the allegation, including the name(s) of the Respondent(s), dates and times of each incident, a description of what occurred, and any documentation in support of the concern.
Initial Assessment: Review of Jurisdiction & Optional Informal Resolution
After a formal complaint is filed, it will be assessed to ensure whether it falls within the scope of the District's policy and procedures and to ensure compliance with applicable federal laws and regulations. In lieu of proceeding with an investigation and hearing, a complainant may request that a formal complaint be resolved through informal resolution. Informal resolutions may include discussions, mutually agreed upon plans of action or mediation.
The District will fairly and objectively investigate harassment and discrimination complaints. Individuals designated to serve, as investigators under this policy shall have adequate training on what constitutes discrimination, including sexual harassment and sexual violence, racial discrimination, disability discrimination, age discrimination, and understand how the District's grievance procedures operate. The investigator may not have any real or perceived conflicts of interest and must be able to investigate the allegations impartially. Investigators will use the following steps: interviewing the complainant(s); interviewing the accused individual(s); identifying and interviewing witnesses and evidence identified by each party; identifying and interviewing any other witnesses, if needed; reminding all individuals interviewed of the District's no-retaliation policy.
The District will undertake its investigation as promptly and as swiftly as possible. To that end, the investigator shall complete the above steps, and prepare a written report within 90 days of the District receiving the complaint, unless an extension has been granted.
With an investigation:
The burden of proof and the burden of gathering evidence sufficient to make a determination is on the District.
The Complainant and Respondent have equal opportunity to provide
and other evidence in support of their claims.
The Complainant and Respondent have the right to an advisor of choice to join them during this investigation and hearing process. The advisor may be a friend, faculty or staff member, family member, or an attorney.
Prior to their interview, the parties will be given sufficient notice, in writing, so that they can prepare and meaningfully participate.
Formal Review of Evidence & Investigation Report
When an investigation is completed, a report is written by the Investigator(s) that summarizes the procedure of the investigation and the evidence collected. The District will provide the Complainant, Respondent, and their Advisors an opportunity to review the evidence as well as the draft investigative report prior to finalizing it for the Decision-maker(s) and give them an opportunity to provide additional relevant materials and witnesses to be interviewed and considered before the investigative report is finalized.
The final investigation report is provided to a Decision-maker(s). The Decision-maker(s) will be responsible for determining if this policy was violated and to determine appropriate action based on the facts presented. A live hearing will be scheduled and recorded. The parties will be required to have their advisor present for the live hearing. If the parties do not have an advisor available for the live hearing, the District will provide an advisor for the purpose of conducting questioning of the other party and witnesses at the hearing. When the Decision-maker(s) evaluate the complaint, it shall do so using a preponderance of the evidence standard. Thus, after considering all the evidence it has gathered, the Decision-maker(s) will decide whether it is more likely than not that discrimination or harassment has occurred.
The Complainant or Respondent may appeal a dismissal or a determination after hearing. The appeal process will be included in the dismissal or determination letter. Upon conclusion of the Appeal process, a written determination of the appeal will be simultaneously provided to the Complainant and Respondent.