Page 47 - 2021-22 LWTech Student Handbook
P. 47

Investigation Procedure
Upon receiving a discrimination complaint, the college shall commence an impartial investigation. The Title IX / EEO Coordinator shall be responsible for overseeing all investigations. Investigations may be conducted by the Title IX / EEO Coordinator or his, her or their designee. If the investigation is assigned to someone other than the Title IX /EEO Coordinator, the Title IX / EEO Coordinator shall inform the complainant and respondent(s) of the appointment of an investigator as soon as possible.
Rights and Responsibilities of the College to Complainants and Respondents
• They will be treated with sensitivity, dignity, respect, confidentiality, and in an unbiased
manner by all involved administrators, investigators and adjudicators.
• They will be informed in writing that a complaint of sexual misconduct against them is
being investigated, and of any other suspected policy violations being explored through
this investigation.
• They will be advised of the college’s sexual misconduct policy and procedures.
• They will be afforded the same rights and opportunities as the complainant throughout
the investigation and adjudication process.
• They will be given periodic status updates throughout the investigation and adjudication
• They may invite a student, faculty, union representative, or staff member from the
college to accompany them at meetings regarding the investigation process.
• They will be informed in writing, concurrently of the finding issued by the designated
officials, as well as the outcome of any appeal, to the extent permitted by the Code of
Student Conduct.
• They will have the right to appeal the outcome based on the grounds designated in this
policy, provided that they have participated in the investigation process.
• They may retain legal counsel at any time, although legal counsel is not permitted to
participate in the college’s investigation and adjudication process.
Interim Measures
The Title IX / EEO Coordinator may impose interim measures to protect the complainant and/or respondent pending the conclusion of the investigation. Interim measures may include, but are not limited to, imposition of no contact orders, rescheduling classes, temporary work reassignments, referrals for counseling or medical assistance, and imposition of summary discipline on the respondent consistent with the college’s student conduct code or the college’s employment policies and collective bargaining agreements.
Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his, her or their findings and recommendations in writing. If the investigator is a designee, the investigator shall send a copy of the findings and recommendations to the Title IX / EEO Coordinator. The Title IX / EEO Coordinator shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred, and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim(s), and prevent its recurrence. Possible remedial steps may include, but are not limited to, referral for voluntary training/counseling, development of a remediation plan, limited contact orders, and referral and recommendation for formal disciplinary action. Referrals for disciplinary action will

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