Rights of the Parties
Throughout the grievance process, each party is afforded several rights so they are able to participate. Each party has the right:
To Challenge the Appointment of Personnel: A party may challenge the participation of the appointed investigator or decision-maker based on bias or a conflict of interest by contacting the Title IX/Non-Discrimination Coordinator.
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 Challenge the Supportive Measures that Apply to Them: If a party disagrees with the supportive measures that apply to them, or the modification or termination of the supportive measures, they may challenge the supportive measure. The challenge must be submitted to the Title IX/Nondiscrimination Coordinator or their designee with information regarding the supportive measure at issue and the reason for the challenge. The Title IX/Nondiscrimination Coordinator shall review the challenge consistent with applicable law and the challenger’s unique facts and circumstances.
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.
Not to Participate: If a complaint proceeds to formal resolution, 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 receipt of written findings, the parties have a right to inspect the evidence gathered. The parties must make a request to view evidence to the investigator. The investigator shall then make the evidence available, within a reasonable time, to the parties.
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 submitting a complaint, withdraw the complaint through communication to the Title IX/Non-Discrimination Coordinator and/or Designated Administrator. 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.
To Appeal the Dismissal of a Complaint: A Complaint may be dismissed at the request of the Complainant, when the preliminary inquiry reveals that the Complaint would not constitute harassment or discrimination as defined by Policy 8410 even if the allegations are proven true, the Designated Administrator or Title IX/Nondiscrimination Coordinator is unable to identify the Respondent, or the Respondent is not participating in a district program or activity. The parties may appeal the dismissal to the Title IX/Nondiscrimination Coordinator within five work-days of notification of the dismissal.
(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 investigator will provide the parties with updates regarding the status of the investigative 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 Sex-based discrimination or harassment or who testifies, assists, or participates in a grievance process or any other proceeding relating to sex-based discrimination and 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 sex-based discrimination or 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 sex-based discrimination or harassment shall be subject to disciplinary action under District Policy 8410, Sex-Based Discrimination and Harassment (Title IX) (Section 15.0) and District Policy 5000, Student Conduct (Section 3.28).
To Appeal the Investigation Findings: If either party is not satisfied with the investigator's findings, the party may appeal to the Title IX/Nondiscrimination Coordinator or an official designee(s) within five workdays following the notification of the findings. If no appeal is filed, the findings shall become final after five work days. Both parties shall receive written notice of any appeal and both shall have the opportunity to submit written statements either in support of or challenging the written determination. The Title IX/Nondiscrimination Coordinator shall have up to ten workdays to arrange for and hold a meeting with each party. Following the meeting, the Title IX/Nondiscrimination Coordinator shall have ten workdays to provide a written decision to the parties.
The Title IX/Nondiscrimination Coordinator may 1) affirm the written determination; 2) overturn the written determination; or 3) send the Report back to the investigator for additional investigation. The Title IX/Nondiscrimination Coordinator’s decision to affirm or overturn the Report is final.
There are three grounds for appeal set forth below and other asserted grounds shall not be considered. A party’s appeal must state the grounds for appeal and facts supporting those grounds in order to be considered.
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Procedural irregularity that affected the outcome of the grievance process;
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New evidence that was not reasonably available at the time of the determination regarding the existence of a policy violation that could affect the outcome of the grievance process; and/or,
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The Title IX/Nondiscrimination Coordinator, the investigator, or the decision-maker had a conflict of interest or bias that affected the outcome of the grievance process