Rights of the Parties
To a Presumption of Non-Responsibility: Respondents are presumed not to have violated Policy 8410. This presumption may be overcome only at the end of a resolution process if there is sufficient evidence of a policy violation.
To an Adviser of their Choosing: Each party is entitled to the adviser of their choice during all stages of a resolution process. This adviser may accompany the parties to all process-related meetings and interviews. This adviser may be, but is not required to be, an attorney. If a party wishes to bring an adviser to a meeting or interview, the party must notify the Title IX/Non-Discrimination Coordinator or the assigned investigator or decision-maker at least twenty-four (24) hours prior to the meeting or interview. The District retains the right to establish restrictions regarding the extent of how the advisor(s) may participate in the proceedings. Any restrictions on advisor(s) shall apply equally to both parties.
To Receive Written Notice of All Meetings: Prior to any investigation interviews, hearings, or other meetings, each party shall receive written notice of the date, time, location, purpose, and participants to ensure each party is adequately prepared to participate.
Not to Participate: If a formal complaint proceeds to the grievance process, parties have the right not to participate or to choose to withdraw participation at any time. The investigator will not draw any adverse inferences from a decision by a respondent not to participate, but the investigation will continue, a violation may be found, and disciplinary sanctions may be imposed nonetheless.
To Inspect and Review Evidence: If a formal complaint proceeds through the Policy 8410 grievance process, prior to the release of any investigation report, the parties will have ten (10) work days to review and respond to all the evidence directly related to the allegation(s) collected during the investigation.
To Provide Truthful Information: The parties are expected to provide truthful information during any resolution process. Making a false report or complaint or knowingly giving false information during the course of the resolution process is prohibited and may be subject to discipline under applicable District policy. Information provided in good faith that is unsubstantiated by an investigation is not considered a false report.
(For Complainants) To Withdraw the Complaint: A complainant may, at any time after filing a formal complaint, withdraw the complaint by submitting a written request to the Title IX/Non-Discrimination Coordinator. In certain circumstances, the Title IX/Non-Discrimination Coordinator may determine that continued investigation of the complaint is necessary, but the complainant will not be required to participate. In all other cases, the withdrawal of a complaint will end the District’s resolution process and no further action will be taken.
(For Students Respondents) To Accept Responsibility: A student respondent may, at any time, request to pursue informal resolution in order to accept responsibility. If the complainant agrees and the Title IX/Non-Discrimination Coordinator deems it appropriate, the matter will be resolved through the informal resolution process, which may involve restorative justice, mediation, or other options, including disciplinary sanctions. Informal resolution is not available to employee respondents.
To Receive Information about the Status of the Investigation: The Title IX/Non-Discrimination Coordinator will provide the parties with updates regarding the status of the investigative and adjudicative process. Each party will also receive written notification regarding the outcome of the investigation, any sanctions/disciplinary action imposed, and any appeal rights that may be available to each party.
To Be Protected Against Retaliatory Harassment: The District supports an environment free from retaliation. Retaliation against any person who alleges sexual harassment or who testifies, assists, or participates in a grievance process or any other proceeding relating to sexual harassment allegation(s) is prohibited and constitutes a potential violation of District policies. Parties are strongly encouraged to avoid engaging in behavior that could be perceived as retaliatory and immediately notify the Title IX/Non-Discrimination Coordinator if they experience retaliation. Any individual affiliated with the District found to have engaged in retaliation is subject to disciplinary action.
To Communicate by District Email: All correspondence related to this formal complaint will be sent to a party’s District email address. If a party would like correspondence sent to another email, please notify the Title IX/Non-Discrimination Coordinator.
To be informed about Potential Disciplinary Sanctions: If a Respondent is found responsible for violating any of the District’s policies, a designated administrator will assign sanction, considering whether a sanction (a) ends the harassment, (b) prevents its reoccurrence, and (c) remedy’s the effects of the violation. Sanctions will depend on the nature of the conduct and any prior history of similar conduct. The building administrator, in consultation with relevant District officials, shall determine appropriate disciplinary sanctions based on District policies and procedures. Disciplinary sanctions may include (but are not limited to): a warning, alternatives to suspension or expulsion, suspension, expulsion, or termination. Students may also be subject to sanctions including suspension or expulsion for behaviors that occur off campus as described by law and District Policy 5120.
Not to be asked irrelevant questions about prior sexual history: Commonly called "Rape Shield" protections, questions about a Complainant's prior sexual history will not be asked anytime during the grievance process. The only time questions may be asked about a Complainant's prior sexual history are to 1) demonstrate that someone other than a respondent committed the alleged sexual harassment; or, 2) demonstrate consent based on specific incidents of a complainant's prior sexual behavior with a respondent.
Not Provide False Information: Any person who knowingly makes a false report of sexual harassment shall be subject to disciplinary action under District Policy 8410, Sexual Harassment (Title IX) (Section 15.0) and District Policy 5000, Student Conduct (Section 3.28).
Privacy and Confidentiality: The District respects the parties’ privacy. Reasonable efforts will be made to protect the privacy of participants in the resolution process in accordance with applicable law, while balancing the need to gather information and to take steps to eliminate sexual harassment, prevent its recurrence, and remedy its effects.