�鶹��ý

The Title IX Office supports everyone in the College community.

The College has two policies for addressing allegations of sex discrimination and sexual harassment against members of its staff and faculty:

• The �鶹��ý Staff and Faculty Title IX Sexual Harassment Policy and Procedures (the “Staff and Faculty TIX Policy”) which addresses the College’s responsibilities and procedures related to Title IX Sexual Harassment allegations, to ensure an equitable and inclusive education and employment environment. The Policy defines Sexual Harassment and Retaliation, and explains the administrative procedures the College uses to resolve reports of such conduct.
• The �鶹��ý Discrimination and Harassment Investigation and Response Procedures (“Discrimination and Harassment Procedures”) which handle all other discrimination and harassment complaints addressed by the College’s Non-Discrimination Statement.

Allegations against the College’s students are handled under different processes set forth in the TCC Title IX Policy, the College’s Sexual Misconduct, Sexual Harassment, and Gender Discrimination Policy and Procedures, the Discrimination and Harassment Policies and Grievance Procedures, the Student Code, or other applicable College policies.

The Staff and Faculty TIX Policy and Discrimination and Harassment Procedures do not alter any institutional obligations under federal disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties and witnesses may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator or Human Resources professional at any point before or during the Title IX Grievance Process. The Title IX Coordinator and/or Human Resources professional will submit any request for reasonable accommodation to the appropriate department for review and response. The Title IX Coordinator and/or Human Resources professional will not affirmatively provide disability accommodations that have not been specifically requested by an individual, even where the individual may be receiving accommodations in other College programs and activities.

YES, for all matters covered by Title IX.

An Advisor is one individual who provides guidance to the student or employee throughout the complaint process, as set forth in the Staff and Faculty Title IX Policy.

Parties are entitled to an Advisor through every stage of the Title IX complaint process, including the Alternative Resolution process. A party can select an Advisor of their choice at any time in the process. An Advisor can be any person, including an attorney, who is not otherwise a party or a witness.

A party does not have to have an Advisor during the Title IX investigation process. The College will not provide any party with an Advisor during the investigation process. However, as outlined below, each party is required to have an advisor during the hearing. If a party has not already obtained an Advisor prior to the start of the hearing, the College’s Title IX Coordinator will be responsible for ensuring each party is appointed an Advisor at no fee or charge to the party. The College will not pay for, nor will the College reimburse any party for the cost of, an Advisor selected by the party.

The Advisor is responsible for questioning witnesses and other parties during the hearing. Other than this responsibility, the Advisor’s role is limited. See Section IX.C.7 for a full overview of the Advisor’s role. Outside the role of questioning during a hearing, an Advisor may never speak on behalf of a party or otherwise disrupt any meetings or hearings in any manner. The College reserves the right to exclude an Advisor who does not abide by these procedures.

Employment with the College is at-will. The Employee Handbook outlines a non-exhaustive list of actions that the College may take where appropriate, including transfer, reassignment, or disciplinary action, up to and including expulsion and/or termination of employment.

Following a finding of responsibility for a policy violation, during sanctioning, the appropriate Vice President may consult the Faculty Handbook as appropriate.

Pursuant to the Faculty Handbook, termination of a tenured appointment, or of a term appointment before its expiration occurs only for adequate cause. For faculty respondents, if the Vice President for Academic Affairs/Dean of the College determines that dismissal is appropriate, he/she will consult the procedures of the “�鶹��ý Dismissal Policy” found in the Faculty Handbook, and initiate related proceedings as appropriate. In applying these procedures, the finding that the policy has been violated will not be revisited. The sole decision is whether the specific policy violation constitutes acts sufficient to support adequate cause for termination or dismissal.

If the Respondent is a member of the executive staff of the President, the President will serve as the disciplinary authority to determine sanctions. If the President is the Respondent, the Chair of the Board of Trustees will serve as the disciplinary authority to determine sanctions.

Deputy Title IX Coordinators support the Title IX Office by conducting intake processes in response to reports of Title IX matters, serving as case managers, and answering questions parties may have about the Title IX process and procedures.

Notifications to supervisors/chairs are not automatic and depend on the circumstances of a case.

College representatives are permitted to share confidential information among other Institution representatives who have a reasonable need to know.

The College will endeavor to respect any requests for confidentiality, but will also weigh those requests against the College’s responsibility to maintain a safe environment for the College community. Complete confidentiality cannot be guaranteed.

At no cost to �鶹��ý employees, the Employee Assistance Program offers confidential advice and counseling services to eligible employees and their immediate family members available 24/7 relating to issues such as parenting, loss or grievance, relationship problems, substance abuse, self-improvement, mental health, financial concerns, and legal-referral assistance.

Employees are eligible to participate in the EAP the first day of the month following the date of hire, or date of hire when date of hire is the first day of the month.

Alternative Resolution is available in certain Title IX cases depending on factors, including the types of allegations and whether or not a student is the complainant. For more information about the Alternative Resolution options, processes, and procedures please review section VII. Of the Policy.

Alternative Resolutions Options are:

• Administrative Resolution. Should the Parties mutually determine to enter the Alternative Resolution process, and the Respondent elects to accept responsibility for the allegations of the Formal Complaint at any point during the Alternative Resolution process, the College may administratively resolve the Formal Complaint.
• Mediation. The purpose of mediation is for the parties who are in conflict to identify the implications of a student’s actions and, with the assistance of a trained facilitator, identify points of agreement and appropriate remedies to address them. Either party can request mediation to seek resolution; mediation will be used only with the consent of both parties, who will be asked not to contact one another during the process. The College’s Title IX Coordinator or Human Resources Professional will also review any request for mediation, and may decline to mediate based on the facts and circumstances of the particular case. Either party has the right to terminate the mediation process and choose or resume another option for resolution at any time.
• Restorative Justice. A restorative justice (“RJ”) Conference is a dialogue, facilitated by an employee or contractor with appropriate training, intended to restore relationships and repair harm after a conflict has occurred. Both the responsible party and the individuals affected by the conflict come together to identify what harm was caused and, collaboratively, determine how conflict and trust might be, respectively, resolved and repaired.

The College’s Title IX Coordinator will designate an Investigator to conduct a fair, thorough, and impartial investigation.

The Investigator will have had appropriate training in the definitions of Sexual Harassment, the scope of the College’s education programs and activities, the investigation and hearing processes, the Alternative Resolution processes, and investigative report writing.

For more information about the Title IX Investigation Process please review section IX. B.

Please review Section IX. F. for a complete overview of the sanctioning process.

This section sets forth the procedures to be followed should the Adjudicator find that a Policy violation(s) occurred.

In cases involving employee Respondents, if the Adjudicator determines there was a Policy violation, the Adjudicator will notify the College’s Title IX Coordinator. The College’s Title IX Coordinator will take two steps:

• They will notify the College’s appropriate Human Resources Professional and/or Vice President (“Designated Official”).

• They will provide the Designated Official with any written party statements, as set forth in Section IX.C.8., above. If the parties did not provide written statements in accordance with Section IX.C.8., above, they will not be provided an additional opportunity to submit a written statement to the Adjudicator.

• Once the Designated Official has completed its review and sanction determination, it will provide that determination to the College’s Title IX Coordinator, who will transmit them to the Adjudicator.

The Designated Official will make a sanctioning determination based on the factual and policy findings, written party statements, written College recommendations, and other factors relevant to sanctioning.