Complaint & Disciplinary Procedures

Procedures outlined in this section do not apply to the following areas: Sexual Misconduct, Civil Rights, Americans with Disabilities Act, Title IX, Motor Vehicle Violations, Educational Records, and Financial Aid. Complaints and/or grievances regarding these issues have been addressed in other sections of this Catalog and Student Handbook.

Wallace Community College promotes the open exchange of ideas among all members of the College community, including students, faculty and staff members, and administrators; however, the College recognizes that, at times, people may have differences that they are unable or unwilling to resolve without intervention. The procedures described below shall be available to any Wallace Community College student who feels that he or she has not been treated fairly or that College policies have been applied to them inappropriately. The steps outlined are designed as means of resolving complaints at the lowest level possible or in accessing subsequent steps in the grievance procedure.

1. The student discusses his or her concern directly with the faculty member or college official involved. The complaint may be made in person or by written contact no later than 10 instructional days following the incident. The appropriate faculty member or college official will have 5 instructional days to attempt to informally reach an agreeable solution.
2. If an agreeable solution is not reached within 5 instructional days as noted above, the student will have 3 instructional days to appeal the issue and report it in writing to the appropriate division director. The division director will have 5 instructional days to investigate the issue and attempt to reach an agreeable solution.
3. If an agreeable solution is not reached within 5 instructional days from receipt of the appeal as noted in step 2, the student will have 3 instructional days to appeal the issue and report it in writing to the appropriate Associate Dean. The Associate Dean will have 5 instructional days to investigate the issue and attempt to reach an agreeable solution.
4. If an agreeable solution is not reached within 5 instructional days from receipt of the appeal as noted in step 3, the student will have 3 instructional days to report the issue to the Dean, Instructional Affairs. The Dean, Instructional Affairs, will have 5 instructional days to investigate the issue and attempt to reach an agreeable solution.
5. If an agreeable solution is not reached within 5 instructional days from receipt of the appeal as noted in step 4, the student will have 3 instructional days to report the issue to the President or the President’s designee. The President or the President’s designee will have 10 instructional days from receipt of the appeal to appoint a fact-finding committee to investigate the issue and attempt to reach an agreeable solution. The decision reached at this level in the process is the final step in the College’s process; however, any student wishing to appeal beyond this point may utilize the State Student Complaint process.

The College has established policies and procedures to resolve student academic grievances that result from the acts or omissions of faculty members or administrators. This resolution should be achieved at the lowest level and in the most equitable way possible. The burden of proof rests with the complainant.

When students believe they have an academic grievance, they should first seek to resolve it by discussions with the faculty member or administrator involved. If these discussions are not satisfactory, the complaint should be taken to the next highest level listed in the following procedures. If the grievance arises from a classroom situation, students should take the following steps in seeking redress:

1. Consult with the instructor involved, in person or by written contact, no later than 12 calendar days following the incident.
2. If agreement on or compromise of the problem is not achieved within 3 instructional days, take the grievance to the appropriate Division Director.
3. If agreement on or compromise of the problem is not achieved within 3 instructional days, take the grievance to the appropriate Associate Dean.
4. If still not satisfied that a fair and equitable solution has been found within 3 instructional days, take academic grievances to the Dean, Instructional Affairs. The Dean will have 5 instructional days to review the case and attempt to find an equitable solution. If still not satisfied, move to step 5.
5. The student should read the Judgments section of this policy carefully before contacting the Dean, Student Success and Sparks Campus for a hearing before the Admissions and Academic Standards Committee.
6. As a last resort and only after steps 1-5 have been carried out or conscientiously attempted, a student may take a grievance in writing to the Dean, Student Success and Sparks Campus and the chairperson of the Admissions and Academic Standards Committee. The grievance must be filed within 20 instructional class days of the term following that in which the grievance occurred.

No instructor or administrator shall be allowed to delay resolution of an academic grievance by failing to hold a consultation with a student within a reasonable length of time of the initial request. Normally, such consultation should occur immediately after receipt of the student request, unless bona fide reasons, such as illness, personal emergency, or campus absences for professional reasons make the time limit unreasonable.

In some instances when the personalities or problem involved would make starting at the level of the complaint too awkward or embarrassing, students may initiate a complaint at the next higher level listed.

Types of Grievances

No list of grievance types can cover all contingencies that might arise; however, this procedure should resolve the following types of grievances, which are among those expressed most often by students.

1. Errors in calculating or recording quiz or other grades.
2. Improper lowering of a grade based on an alleged violation of an attendance policy.
3. Failure of a faculty member to follow College policies in conduct of classes or examinations.
4. Capricious or unreasonable actions by a faculty member or administrator that intimidate students or adversely affect their performance.
5. Failure of a faculty member to grade, return, and discuss assigned work within a reasonable time (e.g., before subsequent assigned work is scheduled for completion or before a subsequent examination).
6. Failure of a faculty member to provide the student with copies of grading policies, course requirements, course procedures, and changes in announced policies without due notice and explanation.

Some types of grievances should not be brought to the committee, although they may be brought to the attention of the Division Director and, if necessary, the appropriate dean so that a continuing administrative effort may be made to ameliorate problems. Such grievances should be addressed through the General Complaint and Grievance Process in this handbook. Examples of these grievances include:

1. Gross differences in grading by instructors teaching separate sections of the same course.
2. Personal habits of the instructor that distract students in their attempts to learn course material.
3. Fine distinctions in grading (e.g., the line between an A and a B, or between a D and an F) may be appealed only to the instructor.
4. Unannounced quizzes will not be considered a grievance, unless they are contrary to the class syllabus or information provided to the class by the instructor.

The role of the Admissions and Academic Standards Committee shall be to hear academic grievances, to hear academic appeals for students who have been suspended from the College for academic reasons, and to provide input on College policies.

The chairperson shall be the administrative officer of the committee. The chairperson’s duties shall include arranging appropriate times and places for committee meetings and hearings; informing committee members of the times and places of committee meetings and hearings; informing, in writing, all interested parties of the times and places of committee hearings that they are requested to attend and supplying them with a statement of alleged grievances; informing all other interested parties that a grievance is pending; securing and distributing to the committee written material appropriate for its consideration; arranging for recording of committee proceedings; maintaining committee records that are to be kept in a permanent file in the Office of the Dean, Student Affairs and Sparks Campus; and informing, in writing, appropriate individuals of the decisions of the committee.

Members of the committee may at any time disqualify themselves from consideration of any given case(s) because of personal bias. A simple majority of members present may rule on any request or issue before the committee.

Either party to the hearing may request of the chairperson, in writing, that any member or members of the committee be excluded from consideration of the case. Such a request must be for just cause and be brought to the chairperson’s attention as the first step in the hearing.

Judgments

Committee members shall arrive at a judgment in consultation among themselves after the parties have been dismissed. Only members of the committee who have been present during all of the meetings and who have heard all testimony relating to the alleged grievance may vote on the case. A majority vote of such qualified members shall constitute a judgment. A decision of the committee relating to redress of grievances is final insofar as the committee is concerned.

The committee has been delegated by the President the authority to change or direct changes in student grades, faculty conduct, or other disputed areas. A course of action deemed appropriate by the committee shall be carried out unless the student or faculty member chooses to appeal the committee’s decision to the President of the College or designee. The appeal must be made in writing to the President or designee no later than 7 calendar days after the date of the committee’s decision and must be resolved within a maximum of 30 calendar days.

Each Admissions and Academic Standards Committee may establish and publish its own procedures in accordance with provisions for academic due process and in accordance with the stipulation stated below.

The only people present at meetings of the committee shall be committee members, parties to the action being considered by the committee and their representatives (not to exceed 2), witnesses actually testifying before the committee, and 2 representatives of the Student Affairs Division. The College and the complainant may have an attorney present during the hearing. The attorneys may only advise. They may not cross examine, question, or address the committee in any way.

The committee, as a whole, shall arrange for a swift and comprehensive investigation of the matter under consideration. It will then decide, on the basis of written statements and discussions presented by the complainant and respondent, and review of evidence, whether or not sufficient grounds exist to hear a case and whether or not the committee will accept written statements in lieu of personal appearances by witnesses. If the committee decides that no sufficient grounds exist to hear a case and subsequently closes the case, it shall notify the complainant and respondent in writing as to the reasons for its actions.

If the committee determines that the case merits further consideration, the parties involved shall be informed in writing; consulted as to the possibility of correcting the situation; and, if a hearing is still required, be advised in writing of the scheduled time and place of the hearing.

At the hearing, the complainant, individuals directly involved, and witnesses may testify and be questioned by the opposite party and committee members. Only evidence presented in the hearings may be considered in the final judgment. Written statements by witnesses in lieu of personal appearance shall not be allowed except in rare instances. A record of the hearing, tape recorded or otherwise preserved, shall be reserved for reference and review until the case has been resolved finally.

1. The student discusses his or her concern directly with the college official involved. The complaint may be made in person or by written contact no later than 10 instructional days following the incident. The college official will have 5 instructional days to attempt to informally reach an agreeable solution.
2. If an agreeable solution is not reached within 5 instructional days as noted above, the student will have 3 instructional days to appeal the issue and report it in writing to the appropriate immediate supervisor. The immediate supervisor will have 5 instructional days to investigate the issue and attempt to reach an agreeable solution.
3. If an agreeable solution is not reached within 5 instructional days from receipt of the appeal as noted in step 2, the student will have 3 instructional days to appeal and report the issue in writing to the dean of the division. The dean of the division will have 5 instructional days to investigate the issue and attempt to reach an agreeable solution.
4. If an agreeable solution is not reached within 5 instructional days from receipt of the appeal as noted in step 3, the student will have 3 instructional days to appeal the issue and report it in writing to the President or the President’s designee. The President or President’s designee will have 10 instructional days from receipt of the appeal to appoint a fact-finding committee to investigate the issue and attempt to reach an agreeable solution. The decision reached at this level in the process is the final step in the College’s process; however, any student wishing to appeal beyond this point may utilize the State Student Complaint process on page 240.

Any student who is uncertain of which college official to report a complaint under this section should seek guidance from the Dean, Student Success and Sparks Campus.

1. Accused student(s) who choose to file an appeal of the sanctions imposed by the Dean, Student Success and Sparks Campus must request an appeal hearing within five(5) working days, in writing, to the Judiciary Committee. The Appeal Request form can be found on the College’s Web site page titled, Complaint & Disciplinary Procedures. The appeal must expressly state the grounds of such appeal, which are limited to newly discovered evidence, violation of procedures, or that the imposed sanction was unduly harsh, improper, or lenient under the circumstances.
   • The appeal hearing before the Judiciary Committee shall be scheduled as soon as it is practical, but no later than 30 calendar days from the date of the student’s appeal.

For more information on the Judiciary Committee process, please see the section titled Disciplinary Procedures by Judiciary Committee.

1. The determination and sanction imposed by the Judiciary Committee are subject to review on appeal by the President of the College or his or her designee. The President or designee has discretionary authority to modify or affirm the sanction imposed by the Judiciary Committee, to exonerate the accused student(s), and/or to order a rehearing of the case in question.
2. A student(s) has five (5) working days from the day of the hearing and determination by the Judiciary Committee to request a review of the proceedings and/or the sanction. The Appeal Request form can be found on the College’s website page titled, Complaint & Disciplinary Procedures. Such appeal requests must be submitted in writing to the office of the President. Failure to request an appeal as stated herein shall be a waiver of a review by the President or designee and all rights in relation thereto. Furthermore, failure to request an appeal as stated herein shall be an admission of the charges and a consent to the sanctions imposed by the Judiciary.
3. A written appeal must expressly state the grounds of such appeal, which are limited to newly discovered evidence, violation of procedures, or that the imposed sanction was unduly harsh, improper, or lenient under the circumstances.
4. The student(s) shall be provided a written statement of the decision of the President or designee within seven (7) working days from the date of filing the request.
5. Appealing to the President is the final step in the College’s judiciary process; however, if a student wishes to appeal the decision further, he or she may utilize the State Student Complaint process.
6. Upon completion of the investigation and administration of the written statement by the President to the accused, the originals of all documents pertaining to the investigation shall then be submitted to the office of the Dean, Student Success and Sparks Campus.
7. All documents pertaining to the investigation shall then be filed in the office of the Dean, Student Success and Sparks Campus, and will be recorded on the Student Complaint Drive.

Students who wish to appeal the President or designee’s decision should refer to the following information.

State Student Complaint Process

In 2015, the Alabama Legislature vested oversight of the state’s public two-year institutions of higher education (known as the Alabama Community College System (ACCS)) with the Alabama Community College System Board of Trustees. The Alabama Legislature further directed the Board of Trustees to delegate to the System’s Chancellor the authority to act and make decisions concerning the management and operation of the community and technical colleges. The Chancellor is assisted in these duties by the staff of the System Office, formerly known as the Alabama Department of Postsecondary Education. Consumer and student complaints that are not resolved at the institutional level are thus arbitrated at the state level by the ACCS System Office.

The ACCS is committed to respecting and supporting the work of its member institutions and to providing a quality educational experience for all students. The objective of the student complaint process is to ensure that the concerns and complaints of students are addressed fairly and are resolved promptly. The Alabama Community College System requires each institution to establish its own procedures to address student grievances and complaints. A student must exhaust his/her rights under the institution’s official complaint/grievance policy before advancing any complaint to the System Office of Alabama Community College System. Students may file consumer/student complaints with the Alabama Community College System by following these procedures:

If, after exhausting all available institutional processes, a student’s complaint remains unresolved, the student may appeal to the Alabama Community College System using the System’s official Student Complaint Form or Online Student Complaint Form (see Appendix I – ACCS Student Complaint Form). Students may submit completed complaint forms using one of the following options:

• Printing the form, signing it, and then either (1) scanning it and emailing it to complaints@accs.edu or (2) mailing it to:

  Alabama Community College System
  Attention: Division of Academic and Student Affairs
  P.O. Box 302130
  Montgomery, AL 36130-2130

• Electronically submitting the form using the Online Student Complaint Form.

1. The Division of Student Success will investigate the complaint.
2. The institution which is the subject of complaint has 15 days to provide a written response to questions and/or concerns raised during the investigation. Such response may or may not contain a resolution.
3. The Division of Student Success will adjudicate the matter within 30 business days of receipt of complaint and write a report or letter to the institution and student detailing corrective action, if any is necessary, or stating that the school has no violation of policies.
4. If corrective action is needed the institution will have 30 days to comply or develop a plan to comply with the corrective action.
5. The System Office will monitor the institution’s compliance to ensure the completion of any required corrective action.
6. The decision made by ACCS is final and cannot be appealed.

CHANCELLOR’S PROCEDURE FOR POLICY 620.03
GRIEVANCE PROCEDURES FOR COMPLAINTS OF
TITLE IX SEXUAL HARASSMENT

(Employees)
Click Here for PDF

A. Policy Statement
B. Purpose
C. Jurisdiction and Application of these Procedures
D. Title IX Coordinator
E. Definitions
F. Prohibited Conduct
G. Reporting Procedures
H. Supportive Measures
I. Emergency Removals and Administrative Leave
J. Initial Evaluation & Complaint Dismissals
K. Complaint Investigation
L. Hearing
M. Appeals
N. Informal Resolution
O. Confidentiality & Privacy
P. Retaliation
Q. Free Speech and Academic Freedom
R. Records Retention

A.    Policy Statement

Wallace Community College – Dothan (the “College”), is committed to creating and maintaining a learning and working environment that is free from unlawful discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act, the Jeanne Clery Campus Safety Act, and the Violence Against Women Act (VAWA). Sexual harassment and retaliation under these Procedures will not be tolerated by the College and is grounds for disciplinary action, up to and including permanent dismissal from the College and/or termination of employment.

The College has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by employees or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator.

B.    Purpose

The College takes all reported sexual harassment seriously. The College will promptly take action against any individuals within its control who are found responsible for violating these Procedures.  Additionally, reported sexual harassment that does not meet the definitions and jurisdiction of these Procedures will be referred for review under the applicable Employee Policy.

C.    Jurisdiction and Application of these Procedures

These Procedures apply to sexual harassment occurring under the College’s education program or activity. Conduct that occurs under the College’s education program or activity includes, but is not limited to, conduct that occurs in a building owned or controlled by the College or by a student organization that is officially recognized by the College and where the College exercises control over the Respondent at the time the alleged conduct occurs. A Complainant may only file a formal complaint if the Complainant is participating or attempting to participate in the College’s education program or activity. These Procedures do not cover conduct that occurs outside of the United States.

If the alleged conduct does not meet the definition of sexual harassment under these Procedures, the College will provide supportive measures when reasonably available and, when possible, take prompt action to provide for the safety and well-being of the Complainant and the broader campus community.

D.    Title IX Coordinator

The College’s Title IX Coordinator is the person designated by the College who is responsible for coordinating the College’s compliance with its obligations under Title IX. The Title IX Coordinator is responsible for the administrative response to complaints of sexual harassment. The Title IX Coordinator is available to discuss the grievance process, coordinate supportive measures, explain the College’s policies and procedures, and provide education on relevant issues. The Title IX Coordinators may designate one or more Assistant Title IX Coordinators to facilitate any of these responsibilities.

Any member of the College’s community may contact the Title IX Coordinator or Assistant Coordinators with questions.  The Title IX Coordinators’ contact information is as follows:

Dean Mickey Baker, Title IX Coordinator Wallace Community College, Sparks Campus 3235 South Eufaula Ave. Administrative Building, Office A-15 Eufaula, AL  36027 P: (334) 556-2485 E: mbaker@wallace.edu

Ms. Shaletha Barnes-Blackmon, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Grimsley Hall, Advising Center, Office 149 Dothan, AL  36303 P: (334) 556-2511 E: titleix@wallace.edu

Ms. Keyashia Sheppard, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Gary Hall, Room J Dothan, AL  36303 P: (334) 556-2557 E:  titleix@wallace.edu

In addition to the Title IX Coordinators, the Title IX staff may include Investigators, Hearing Decisionmakers, Appellate Decisionmakers, Advisors, and Informal Resolution Facilitators who have roles in the formal grievance process, which are detailed in these Procedures.

The Title IX Coordinators, Investigators, Hearing Decisionmakers, Appellate Decisionmakers, Advisors, if applicable, and Informal Resolution Facilitators will receive annual training in compliance with Title IX.  All administrators in these roles will not rely on sex stereotypes and will provide impartial investigations and adjudications of complaints of sexual harassment. All materials used to train these administrators will be available on the College’s Title IX website for inspection by members of the public in accordance with Title IX regulations.

Conflict of Interest

The Title IX Coordinators, Investigators, Decisionmakers, Appellate Decisionmakers, and Informal Resolution Facilitators shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Whether bias exists requires examination of the particular facts of a situation. A determination of bias must be based on an objective evaluation of the available facts (i.e., whether a reasonable person would believe bias exists).

Any person exercising investigative or decision-making authority under these Procedures who believes they may have a potential conflict of interest or bias that would prevent them from impartially exercising their authority must disclose the potential conflict/bias to the Title IX Coordinator as soon as practicable after it is discovered. Arrangements will then be made to designate a conflict/bias-free alternative in the case at issue.

If the Complainant or the Respondent believes the Title IX Coordinator has a conflict of interest or bias, then the Complainant or the Respondent may request a replacement Title IX Coordinator.  If the objection is reasonable, the Title IX Coordinator will be replaced with a conflict/bias-free Title IX Coordinator as soon as practicable after the potential conflict or bias is discovered.

If the objection as to a conflict or bias is made with respect to an Investigator, such objection should be reported to the Title IX Coordinator as soon as practicable after the potential conflict or bias is discovered.  If the Title IX Coordinator determines that the objection is reasonable, the Investigator will be replaced with a conflict/bias-free alternative Investigator.

If the objection as to a conflict or bias is made with respect to a Hearing Decisionmaker or Appellate Decisionmaker, such objection must be reported to the Title IX Coordinator before the scheduled hearing or appeal decision. If the Title IX Coordinator determines that the objection is reasonable, the challenged person will be replaced with a conflict/bias-free alternative Hearing Decisionmaker or Appellate Decisionmaker.

The decision of the Title IX Coordinator or Title IX Assistant Coordinator (in objections to the Title IX Coordinator), regarding an objection, will be final.

Knowledge of or acquaintance with the Complainant, Respondent, or witnesses in a matter; awareness of a matter; participation as a consequence of one’s official role in events surrounding a matter; and/or participation in the investigation process prior to the formal disciplinary process does not automatically result in the finding of a disqualifying conflict; however, such factors may be considered in determining whether a conflict exists.

The mere fact that a certain number of findings under these Procedures result in determinations of responsibility, or non-responsibility, does not necessarily indicate or imply bias on the part of Title IX personnel.

E.    Definitions

Actual Knowledge: notice of sexual harassment allegations to the Title IX Coordinator or any Official with Authority, except that actual knowledge is not met when the only individual with actual knowledge is the Respondent.

Business Day:  any weekday not designated by the College as a holiday or administrative closure day. When calculating a time period of business days specified in these Procedures, the business day of the event that triggers a time period is excluded.

Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Confidential Employee: an individual identified by the institution who will not report any information about an incident to the Title IX Coordinator without the Complainant’s permission.

Consent: must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether or not a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

Disciplinary Sanctions: consequences imposed on a Respondent following a determination under Title IX that the Respondent violated the College’s prohibition on sexual harassment

Education Program or Activity: locations, events, or circumstances over which the College exercises substantial control over both the Respondent and the context in which the sexual harassment occurs;  includes conduct that occurs on College property, during any College activity, or in any building owned or controlled by the College or by a student organization that is officially recognized by the College

Formal Complaint: a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the allegation of sexual harassment

Incapacitation: An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, intoxication, or any other state where the individual is unaware that sexual contact is occurring or is otherwise unable to give informed and voluntary consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Example: A person who is taking pain medication and falls asleep under the influence of the medication can be incapacitated and not be able to give consent to sexual contact.

Official with Authority: an individual who has the authority to institute corrective measures and is required to report sexual harassment to the Title IX Coordinator to initiate the College’s response to the sexual harassment allegations. The College’s Officials with Authority include the following positions at the College: Title IX Coordinators ; President of the College, and all Vice Presidents/Deans.

Party: a Complainant or Respondent

Relevant: related to the allegations of sexual harassment under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sexual harassment occurred, and evidence is relevant when it may aid a Hearing Decisionmaker or Appellate Decisionmaker in determining whether the alleged sexual harassment occurred

Remedies: measures designed to restore or preserve equal access to the College’s education program or activity; remedies may include, but are not limited to, the same individualized services as supportive measures, however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent

Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment

Responsible Reporting Official: any individual who is employed by the College and not deemed to be a Confidential Employee or Official with Authority. Responsible Reporting Officials are mandated by the College to report sexual harassment to the Title IX Coordinator promptly upon receiving a report of sexual harassment.

Retaliation: intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or these Procedures.

• Nothing in this definition precludes a College from requiring an employee or other person authorized by a College to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.

Student: a person who has gained admission

Supportive Measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

• Such measures are designed to restore or preserve equal access to the College’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment.
• Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

F.    Prohibited Conduct

Under Title IX, Prohibited Conduct includes sexual harassment, sexual assault, dating violence, domestic violence, and stalking as defined below.

To the extent that federal or state laws addressing conduct that could be deemed Prohibited Conduct are created or amended, engaging in such conduct shall be considered a violation of these Procedures even if the definitions below have not been updated to reflect the most recent additions to or changes in law.

Sexual Harassment: conduct on the basis of sex that satisfies one or more of the following:

• An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (quid pro quo sexual harassment);
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity (hostile environment sexual harassment). A severe, pervasive, and objectively offensive assessment includes, but is not limited to, a consideration of the following:
• The frequency of the offensive conduct;
• The nature of the unwelcome sexual act or words, such as whether the harassment was physical, verbal, or both;
• Whether the harassment was an offensive utterance, and;
• The number of victims involved and the relationship between the parties, including, but not limited to, the ages of the harasser and the victim; and
• In evaluating whether conduct is severe, pervasive, and objectively offensive, the College will look at the totality of the circumstances, expectations, and relationships.

Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in these Procedures.

Sexual Assault: an offense classified as a forcible or nonforcible sex offense under the Uniform Crime Reporting System and the Summary Reporting System User Manual of the Federal Bureau of Investigation, as used in the Clery Act.

• Sex Offenses: Any sexual act directed against another person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent.
• Nonconsensual sexual intercourse (Rape): The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
• Nonconsensual sexual contact (Fondling): The touching of the private body parts (breasts, buttocks, groin) of another person for the purpose of sexual gratification without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence: violence committed by a person:

• who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
• where the existence of such a relationship shall be determined based on a consideration of the following factors:
• The length of the relationship;
• The type of relationship;
• The frequency of interaction between the persons involved in the relationship;
• Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence: felony or misdemeanor crimes of violence committed by a person who:

• Is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the Complainant;
• shares a child in common with the Complainant;
• is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
• commits acts against a youth or young adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for the person’s safety or the safety of others; or
• Suffer substantial emotional distress.

Course of Conduct: two or more acts, including, but not limited to, acts in which the individual directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

Reasonable Person: a reasonable person under similar circumstances and with similar identities to the Complainant.

Substantial Emotional Distress: significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

G.   Reporting Procedures

A report of sexual harassment can be made to the persons below in person (during business hours) or by mail, telephone, or by email using the contact information below at any time, including during non-business hours. A report of sexual harassment can also be made by completing the online reporting form at Appendix C – Complaint Form.

• Reporting to the Title IX Coordinator: Reports of sexual harassment may be made to the Title IX Coordinator in any of the following ways, by anyone, at any time: email, phone, online form, or mail. Reports may be made to the Title IX Coordinator in person on the Dothan Campus in Grimsley Hall, Advising Center, Office 149, or on the Sparks Campus, in the office of the Dean of Student Success, Administrative Building. After an incident of sexual harassment has been reported to the Title IX Coordinator, the Title IX Coordinator will promptly offer supportive measures to the Complainant, regardless of whether the Complainant was the reporter of the Sexual Harassment.
• Reporting to Officials with Authority: If Officials with Authority are notified of sexual harassment, they shall promptly report such sexual harassment to the Title IX Coordinator, who will take immediate action under this Procedure. The College’s Officials with Authority include the following positions at the College: Title IX Coordinators; President of the College, and all Vice Presidents/Deans.
• Reporting to Responsible Reporting Officials: College employees who are not Confidential Employees or Officials with Authority are mandated by the College to report alleged sexual harassment to the Title IX Coordinator promptly upon receiving a report of sexual harassment.
• Reporting to Confidential Employees: Reports of sexual harassment made to Confidential Employees are considered confidential reports and will not be reported to the Title IX Coordinator without the Complainant’s permission and will not constitute actual notice to the College. The College’s Confidential Employees include the following positions at the College: Director of Advising and Counseling Services.
• Anonymous Reporting: Anonymous reports may be made by telephone, in writing, or electronically to the Title IX Coordinator. A decision to remain anonymous, however, may greatly limit the College’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Procedure.
• Reporting to Local Law Enforcement: Reports of sexual harassment may be filed with local law enforcement agencies. The Title IX Coordinator can assist with contacting law enforcement agencies. Law enforcement investigations are separate and distinct from the College’s investigations.
• Mandatory Reporting under Alabama Law: Alabama law imposes a mandatory duty on all College employees to immediately report all incidences of known or suspected child abuse. Such reports must be made to the College’s Safety & Security Department. The College also encourages students, volunteers, and representatives (as well as third-party vendors and their employees, representatives, or volunteers that contract for use of College facilities with responsibilities that involve interaction with children) to report (verbally and in writing) known or suspected child abuse to the College’s Safety & Security Department. Sexual abuse is one element of the more comprehensive term “abuse” under Alabama law. For child protection purposes, a child is any person under 18 years of age or any individual under 19 years of age who is in need of protective services and does not qualify for adult protective services under Chapter 9 of Title 38 in Alabama Law. A freshman student, a “dual-enrolled” high school student, or a summer camp participant, among others, may fall into the category of a “child.”
• Consolidation of Complaints – The College may consolidate complaints of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of sexual harassment arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable.
  • The College will not consolidate complaints if consolidation would violate the Family Educational Rights and Privacy Act (FERPA). Consolidation would not violate FERPA when the College obtains prior written consent from parties to the disclosure of their educational records.

H.   Supportive Measures

Supportive measures may vary depending on what the College deems to be reasonably available. These measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment. Complainants are eligible for supportive measures at the time their identity is known to the Title IX Coordinator. Respondents are eligible for supportive measures at the time that notice of an alleged complaint has been given.

Supportive measures cannot unreasonably burden either party and must be designed to protect the safety of the parties or the College’s educational environment, or to provide support during the College’s grievance procedures or during the informal resolution process. The College will not impose such measures for punitive or disciplinary reasons.

The College may, as appropriate, modify or terminate supportive measures at the conclusion of the grievance procedures or at the conclusion of the informal resolution process, or the College may continue them beyond that point.

The College will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party’s access to the education program or activity.

I.      Emergency Removals and Administrative Leave

The College may remove a Respondent from the College’s education program or activity on an emergency basis, provided that the College undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health and safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision to the Title IX Coordinator in writing within three (3) business days following the removal.

The College may place a non-student employee Respondent on administrative leave from employment responsibilities during the pendency of the College’s grievance procedures.

Any challenges to an emergency removal should be sent to the Title IX Coordinator in writing within three (3) business days of the notification to the Respondent of the emergency removal. The Respondent should state the reasons for the challenge and any supporting documentation. The Title IX Coordinator will render a decision within five (5) business days and will notify both parties in writing of the decision.  The Dean, Student Success and Sparks Campus will notify both parties in writing of the decision.

J.     Initial Evaluation & Complaint Dismissals

Initial Evaluation: When a report has been made, the Title IX Coordinator will contact the Complainant for an initial discussion to provide information of their rights and options, availability of supportive measures, consideration of the Complainant’s wishes with respect to supportive measures, explanation of the policy and grievance procedures, and the process for filing a Formal Complaint.

During the initial discussion with the Complainant, the Title IX Coordinator will gather facts that will enable the Title IX Coordinator to evaluate the allegations and make a determination on whether to dismiss the complaint or investigate the complaint. A Formal Complaint must contain an allegation of sexual harassment against a Respondent, a request for the College to investigate the allegation, and be signed by the Complainant or the Title IX Coordinator. A Complainant may only file a formal complaint if the Complainant is participating or attempting to participate in the College’s education program or activity.

In limited circumstances, if a Complainant does not sign a Formal Complaint, the Title IX Coordinator may sign a Formal Complaint. To make a fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors:

• The Complainant’s request not to proceed with initiation of a complaint;
• The Complainant’s reasonable safety concerns regarding initiation of a complaint;
• The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
• The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
• The age and relationship of the parties, including whether the Respondent is an employee of the College;
• The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
• The availability of evidence to assist a Decisionmaker in determining whether sex discrimination occurred; and
• Whether the College could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.

Mandatory Complaint Dismissals

The Title IX Coordinator will dismiss a Formal Complaint for purposes of sexual harassment if:

• The conduct alleged in the Formal Complaint would not constitute sexual harassment as defined in these Procedures, even if proved;
• The conduct alleged did not occur in the College’s education program or activity; or
• The conduct alleged in the Formal Complaint did not occur against a person in the United States.
• Permissive Complaint Dismissals
• The Title IX Coordinator may dismiss a Formal Complaint or any allegation within the Formal Complaint, if at any time during the investigation or hearing:
• A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations in the Formal Complaint;
• The Respondent is no longer enrolled in the College; or
• Specific circumstances prevent the College from gathering sufficient evidence to reach a determination as to the Formal Complaint or allegations within the Formal Complaint.

Upon dismissal, the Title IX Coordinator will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the Title IX Coordinator will notify the parties simultaneously in writing.

The Title IX Coordinator will notify the Complainant that a dismissal may be appealed on the basis outlined in Section M of these Procedures. If dismissal occurs after the Respondent has been notified of the allegations, then the Title IX Coordinator will also notify the Respondent that the dismissal may be appealed on the same basis. If a dismissal is appealed, the College will follow the procedures outlined in Section M of these Procedures.

When a complaint is dismissed, the College will, at a minimum:

• Offer supportive measures to the Complainant as appropriate;
• If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sexual harassment does not continue or recur within the College’s education program or activity.

K.   Complaint Investigation

The College will treat Complainants and Respondents equitably.

The College presumes that the Respondent is not responsible for the alleged sex-based harassment until a determination is made at the conclusion of its grievance procedures.

It is the goal of the College to complete investigations in a prompt timeframe. Any timeframes or deadlines may be extended when necessary to ensure the integrity and completeness of the investigation, comply with a request by external law enforcement, accommodate the availability of parties and/or witnesses, account for College breaks or vacations, and the complexity of the investigation or severity and extent of the alleged conduct. The Title IX Coordinator will notify both parties in writing of any College delays.

If a Complainant or Respondent shall request a delay in the investigation or extension of any timeframes, the party must notify the Title IX Coordinator in writing as soon as practicable stating the requested new timeframe and reason for the delay or extension. The Title IX Coordinator will notify the party in writing of the denial or both parties in writing of the approval within three (3) business days of notification of the request. Any delays or extension will apply equally to both parties.

All requests will be on a case-by-case basis for good cause.

Parties have the opportunity to be accompanied to any meeting or proceeding by one (1) Advisor of their choice, who may be, but is not required to be, an attorney.

• The College will not limit the choice or presence of the Advisor for the Complainant or Respondent in any meeting or proceeding. Both parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available. However, the College has the right to remove any Advisor who does not adhere to the College’s policies and procedures.
• The College cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to advise that party.
• If a party requests that all communication be made through their attorney Advisor instead of to the party, the College will agree to copy both the party and their Advisor on all communications.
• Advisors should help the parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak for the party unless given specific permission to do so.
• The parties are expected to ask and respond to questions on their own behalf throughout the grievance process. Although the Advisor generally may not speak for the party, the Advisor may consult with the party, either privately as needed, or by conferring or passing notes during any meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

Parties have the opportunity to have one (1) support person of their choice, a person other than the Advisor, present during any meeting or proceeding.

Written Notice of Allegations

Upon receipt of a Formal Complaint, the Title IX Coordinator will notify the parties in writing of the following, with sufficient time for the parties to prepare a response before any initial interview:

• Notice of the party’s rights and options
• Notice of the College’s grievance process
• Notice of the College’s informal resolution process and options
• Notice of the allegations of sexual harassment, including: the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the incident, if known
• Notice that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process
• Notice that the parties may have an Advisor of their choice, who may be, but is not required to be, an attorney, and that the Advisor may inspect and review evidence
• Notice of the College’s Employee Policy provision that prohibits knowingly making false statements or knowingly submitting false information during the grievance process

If, in the course of an investigation, the College decides to investigate additional allegations of sexual harassment by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated complaint, the Title IX Coordinator will provide written notice of the additional allegations to the parties.

Investigation

The College will conduct an investigation following a Formal Complaint and Notice of Allegations. The Title IX Coordinator will assign an Investigator(s) to conduct the investigation. During all meetings and interviews, the parties may be accompanied by an Advisor of their choice, which can be, but is not required to be, an attorney. During the investigation stage of the grievance process, the Advisor’s role is limited to assisting, advising, and/ or supporting a Complainant or Respondent. An Advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent during the investigation phase of the grievance process.

Each party will be provided an equal opportunity to provide information to the Investigator and present witnesses for the Investigator to interview. The information provided by the parties can include inculpatory and exculpatory evidence. The witnesses can include both fact witnesses and expert witnesses.

Each party will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence upon which the College does not intend to rely upon in reaching a determination regarding responsibility. This review includes inculpatory and exculpatory evidence that is obtained by a party, witness, or other source. Each party and their Advisor (if any) will be provided an electronic copy of the evidence for inspection and review. The parties will have ten (10) business days to review and submit a written response to the Investigator. The Investigator will consider the written responses prior to completing an investigative report.  All evidence provided during the inspection and review phase will be available at any hearing for the parties to use during the hearing, including for purposes of cross-examination.

Following the opportunity to inspect and review evidence directly related to the allegations raised in the Formal Complaint, the Investigator will create an investigative report that fairly summarizes relevant evidence obtained during the investigation.

At least ten (10) business days prior to a hearing, the Investigator will provide each party and the party’s Advisor (if any) with an electronic copy of the investigative report that includes the parties’ review and written response, if any.

L.    Hearing

After the investigation, the College will provide for a live hearing for all Formal Complaints of sexual harassment that have not been dismissed or resolved by informal resolution. At the request of either party, or at the discretion of the Title IX Coordinator, the College will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Hearing Decisionmaker and parties to simultaneously see and hear the other party or witness answering questions.

The Hearing Decisionmaker(s) will be appointed by the College and will not be the Title IX Coordinator or Investigator. The Hearing Decisionmaker(s) will be trained, impartial, and without a conflict of interest. The Hearing Decisionmaker(s) may be a panel of three (3) College employees with one panel member serving as a chairperson, or a single Hearing Decisionmaker, or an external individual designated by the College.

Either party may challenge the appointment of a Hearing Decisionmaker, based on conflict of interest or bias, in writing to the Title IX Coordinator, no less than five (5) business days prior to the scheduled hearing.

The College will create an audio or audiovisual recording of all live hearings and make the recording available to the parties for inspection or review.

The Title IX Coordinator will serve as the hearing process facilitator to coordinate the hearing, including, but not limited to, coordination and scheduling of the hearing; the logistics of physical or virtual rooms for parties and/or witnesses, including separation of the parties; ensuring all technology is working appropriately; ensuring the parties have access to electronic documents during the hearing; distributing materials; etc.  The Title IX Coordinator may invite the parties and their advisors, separately, to a meeting prior to the hearing to review the hearing process for the purpose of ensuring a smooth hearing.  This meeting is separate from the pre-hearing conference discussed below.

Participants at the hearing include the Hearing Decisionmaker(s), the Investigator(s) who conducted the investigation, the parties, advisors to the parties, witnesses, and anyone providing authorized accommodations.  In addition, the Title IX Coordinator, serving as the hearing facilitator, is present.  Any witnesses scheduled to participate in the hearing must have been first interviewed by the Investigator(s) or have provided a written statement or answered questions from the Investigator in writing.

Advisor’s Role at the Hearing

Each party must have an Advisor present at the hearing. The Advisor’s role is limited to supporting, advising, and assisting the party during the hearing and conducting questioning (cross-examination) of participants. Advisors are required to follow the rules of decorum enforced by the Hearing Decisionmaker(s). Failure to follow the rules of decorum by an Advisor may result in the removal of an Advisor from the hearing. If a party does not have an Advisor present at the live hearing, the College will appoint the party with an Advisor without fee or charge.

Pre-Hearing Conference

The Hearing Decisionmaker(s) may hold a pre-hearing conference. In order to streamline the hearing process, the Hearing Decisionmaker(s) may request the submission of questions prior to the hearing through electronic submission and/or a pre-hearing conference. During the pre-hearing conference, parties and their advisors will be asked to submit, in writing, any questions they wish to ask during the live hearing so that the Hearing Decisionmaker(s) can be prepared to respond to relevancy at the hearing. The Hearing Decisionmaker(s) may allow for the pre-hearing submission of questions regardless of whether a pre-hearing conference occurs.

This conference does not preclude an Advisor from asking additional questions live during the hearing.

At the pre-hearing conference, the Hearing Decisionmaker(s) may also hear arguments regarding the relevance of the evidence identified in the investigation report as relevant or not relevant, and/or directly related to the allegations.

Hearing Process

The hearing process will proceed as follows:

• Notice of Hearing: After the investigative report has been completed and at least ten (10) business days prior to the date set for the hearing, the parties and their advisors (if any) will be provided with a Notice of the Hearing. The Notice will include the date, time, location, name of the Hearing Decisionmaker(s), names of all participants in the hearing, and the location (virtual or in person) of the hearing.
• Opening Statement: Each party will have the opportunity to present an opening statement, no more than five (5) minutes, to the Hearing Decisionmaker(s).
• Review of Hearing Procedures, Formal Complaint, and Notice of Allegations by Hearing Decisionmaker(s).
• Questioning of Parties and Witnesses: The College will provide a process that enables the Hearing Decisionmaker(s) to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sexual harassment.

The Hearing Decisionmaker(s) will ask initial questions of the participants at the hearing.

After the Hearing Decisionmaker(s) ask questions of a participant, each party’s Advisor will be permitted to ask relevant questions and follow-up questions orally, directly, and in real time of the participant. The parties are never permitted to ask questions of participants directly. The questioning of participants by Advisors will be conducted in the following manner:

• A question is asked by an Advisor
• Before the participant answers the question, the Hearing Decisionmaker(s) determines whether the question is relevant
• If the question is determined to be relevant by the Hearing Decisionmaker(s), the participant answers the question
• If the question is determined not to be relevant by the Hearing Decisionmaker(s), the Hearing Decisionmaker(s) must explain the decision to exclude a question as not relevant.

Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Hearing Decisionmaker(s) will give a party an opportunity to clarify or revise a question that the Hearing Decisionmaker(s) determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked by the party’s Advisor.

Evidence and Questions Excluded

Sexual Predisposition or Prior Sexual Behavior of the Complainant: Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Privileged Information: No person will be required to disclose information protected under a legally recognized privilege. The Hearing Decisionmaker(s) must not allow into evidence or rely upon any questions or evidence that may require or seek disclosure of such information, unless the person holding the privilege has waived the privilege. This includes information protected by the attorney-client privilege.

Medical Records: Evidence or records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, are not permitted to be used during a hearing unless the party provides voluntary, written permission to do so for the grievance process within these Procedures.

The Hearing Decisionmaker(s) may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Hearing Decisionmaker(s), however, will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Closing Statements: Each party will have the opportunity to present a closing statement, no more than five (5) minutes, to the Hearing Decisionmaker(s).

Determination Whether Sexual Harassment Occurred

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the Hearing Decisionmaker(s) will deliberate in private and will:

• Use the preponderance of the evidence standard of proof to determine whether sexual harassment occurred. This means that the Hearing Decisionmaker(s) will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s). The standard of proof requires the Hearing Decisionmaker(s) to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Hearing Decisionmaker(s) is not persuaded under the applicable standard by the evidence that sexual harassment occurred, whatever the quantity of the evidence is, the Hearing Decisionmaker(s) will not determine that sexual harassment occurred.
• Notify the parties simultaneously in writing of the determination whether sexual harassment occurred under Title IX, including:
• Identification of the allegations potentially constituting sexual harassment;
• A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
• Findings of fact supporting the determination;
• Conclusions regarding the application of the Procedure to the facts;
• A statement of, and rationale for, the result of each allegation, including a determination regarding responsibility, any disciplinary sanctions that the College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the Complainant; and
• The procedures and permissible bases for the Complainant and Respondent to appeal.

The Hearing Decisionmaker(s) will send the written notification of the hearing outcome to both parties within fourteen (14) business days of the conclusion of the hearing.

The College will not impose disciplinary sanctions on a Respondent for sexual harassment prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited sexual harassment.

If there is a determination that sexual harassment occurred, as appropriate, the Title IX Coordinator will:

• Coordinate the provision and implementation of remedies to a Complainant and other people the College identifies as having had equal access to the College’s education program or activity limited or denied by sexual harassment;
• Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
• Take other appropriate prompt and effective steps to ensure that sexual harassment does not continue or recur within the College’s education program or activity.

The College shall not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sexual harassment occurred.

Sanctions

Factors considered by the Hearing Decisionmaker(s) when determining sanctions and responsive actions may include, but are not limited to:

The nature, severity of, and circumstances surrounding the violation(s)

• The Respondent’s disciplinary history;
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation;
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation;
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community;
• The impact on the parties;
• Any other information deemed relevant by the Hearing Decisionmaker(s).

The sanctions will be implemented upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an employee who has engaged in sex-based harassment include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to or in place of the above sanctions/responsive actions, the College may assign any other responsive actions as deemed appropriate.

M.  Appeals

The College will offer an appeal from a dismissal of a Formal Complaint or determination of whether sexual harassment occurred on the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, Investigator, or Hearing Decisionmaker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or
• Sanctions were disproportionate to the policy violation(s).

If either party wishes to appeal a dismissal of a Formal Complaint or determination whether sexual harassment occurred, the party must submit an appeal in writing to the Title IX Coordinator within three (3) business days of receiving written notification of the hearing determination. The party requesting the appeal should state the basis for the appeal and any supporting documentation.

If a party appeals a dismissal of a Formal Complaint or a determination whether sexual harassment occurred, the Title IX Coordinator will:

• Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the Appellate Decisionmaker for the appeal is not the same person as the Hearing Decisionmaker(s) that reached the determination regarding responsibility or dismissal of the Formal Complaint, the Investigator or the Title IX Coordinator;
• Ensure that the Appellate Decisionmaker for the appeal has been trained consistent with the Title IX regulations;
• Provide the non-appealing party with five (5) business days from receipt of the notification of appeal to submit a written statement in support of the outcome of the determination whether sexual harassment occurred or dismissal of the Formal Complaint;

The written determination on responsibility and sanctions, if applicable, are postponed until the decision on the appeal is sent to the parties. Supportive measures will remain in place during the appeal period.

The Appellate Decisionmaker will issue a written decision describing the result of the appeal and the rationale for the result which can be one of the following: (1) affirm the determination of the Hearing Decisionmaker(s) and affirm the disciplinary sanctions and remedies, if applicable (2) affirm the determination of the Hearing Decisionmaker(s) regarding the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable (3) remand the process back to the hearing stage for the Hearing Decisionmaker(s) to remedy any procedural irregularity or consider any new evidence (4) reverse the Hearing Decisionmaker(s)’ determination of the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable or (5) affirm or amend the sanctions and/or remedies outlined in the determination

The Appellate Decisionmaker will notify both parties in writing of their decision within fourteen (14) business days of receipt of the appeal.

The determination regarding responsibility becomes final on the date that the College provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

At the conclusion of the appeals process, employee Respondents will receive all rights, if applicable and if any, which are granted by either their contract or the Alabama Students First Act in the event any disciplinary sanction is proposed.

N.    Informal Resolution

In lieu of resolving a complaint through the College’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. Informal resolution does not involve an investigation, adjudication hearing, or disciplinary action against a Respondent and is not appropriate for all forms of conduct under these Procedures. Informal resolution is not an option for sexual harassment incidents involving a student Complainant and an employee Respondent. Both parties must voluntarily agree in writing to participate in the informal resolution process.

The Title IX Coordinator will inform the parties in writing of the informal resolution process it offers. The College will not offer an informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the initiation of an informal resolution process, the Title IX Coordinator will explain in writing to the parties:

• The allegations;
• The requirements of the informal resolution process;
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
• What information the College will maintain and whether and how the College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

Informal resolution will be facilitated by Informal Resolution Facilitators. The time frame for completion of informal resolution may vary, but the College will seek to complete the process within a prompt timeframe.

The College retains the discretion to determine which cases are appropriate for informal resolution. The College may gather information necessary through interviewing individuals and other evidence gathering to determine if the case is appropriate for informal resolution. Factors the College will consider when determining whether a report of Prohibited Conduct is suitable for informal resolution include, but are not limited to, the following:

• The nature of the alleged offense;
• The dynamics of power or control commonly associated with the alleged offense and/or with the parties involved;
• The Respondent’s prior known conduct;
• Whether there would be a continuing safety threat to the campus community after resolution of the specific report of Prohibited Conduct;
• Whether multiple parties are involved;
• Whether the resolution proposed is designed to eliminate, prevent, and address the reported Prohibited Conduct; and
• Any other factor deemed relevant by the Title IX Coordinator in the interest of overall campus safety or safety of the parties involved.

Informal resolution may result in the following remedies: establishing supportive measures; conducting targeted or broad-based educational programming or training for relevant individuals or groups; providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions; and any other remedy that can be tailored to the involved individuals to achieve the goals of these Procedures.

Informal resolution may also include restorative principles that are designed to allow a Respondent to accept responsibility for misconduct and acknowledge harm to the Complainant or to the College community. Informal resolution may also include mediation.

Participation in informal resolution is a choice, and either party can request to end this manner of resolution and pursue an investigation at any time, including if informal resolution is unsuccessful at resolving the report. Similarly, a Complainant may request to end an investigation and pursue informal resolution at any time if the Respondent also consents to informal resolution. In addition, either party may request supportive measures regardless of whether any particular course of action is sought.

The College may also decide to proceed with a formal investigation and withdraw its approval for the informal resolution at any time during the process. If additional potential policy violations are revealed during the informal resolution process, the College may withdraw its approval for the process and proceed with a formal investigation or the College, with the consent of the parties, may continue the informal resolution process and resolve the additional potential policy violations.

Information disclosed by any party during the informal resolution process will not be considered during a subsequent investigation or adjudication hearing.

Because the outcome of the informal resolution process is mutually developed and agreed upon by the parties, an appeal of the process and its result is not permitted.

O.   Confidentiality and Privacy

The College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

P.    Retaliation

Neither the College nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or these Procedures or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.

Alleged acts of Retaliation will be referred to the Title IX Coordinator and may be investigated and resolved under the respective Employee Policy.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this Policy.

Charging an individual with an Employee Policy violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding does not constitute Retaliation prohibited under these Procedures.

Q.   Freedom of Speech and Academic Freedom

Freedom of speech and principles of academic freedom are central to the mission of the College. Constitutionally protected expression cannot be considered sexual harassment under these Procedures. To establish a violation of Title IX, the harassment must be subjectively and objectively offensive and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.

R.    Records Retention

The College will maintain all of the documentation related to reports of sex discrimination and sexual harassment, the grievance process, and information resolution process for seven (7) years in accordance with state and federal records laws and requirements. The documentation of all records is private and confidential to the extent possible under law. Employee records of the grievance process are subject to the Freedom of Information Act (FOIA) and applicable state laws and included in the employee’s official employment record.

CHANCELLOR’S PROCEDURE FOR POLICY 800.01
GRIEVANCE PROCEDURES FOR COMPLAINTS OF
TITLE IX SEXUAL HARASSMENT

(Students, Employees, or Other Individuals)
Click here for PDF

A. Policy Statement
B. Purpose
C. Jurisdiction and Application of these Procedures
D. Title IX Coordinator
E. Definitions
F. Prohibited Conduct
G. Reporting Procedures
H. Supportive Measures
I. Emergency Removals and Administrative Leave
J. Initial Evaluation & Complaint Dismissals
K.Complaint Investigation
L. Hearing
M.Appeals
N. Informal Resolution
O. Confidentiality & Privacy
P. Retaliation
Q. Free Speech and Academic Freedom
R. Records Retention

A. Policy Statement

Wallace Community College – Dothan (the “College”), is committed to creating and maintaining a learning and working environment that is free from unlawful discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act, the Jeanne Clery Campus Safety Act, and the Violence Against Women Act (VAWA). Sexual harassment and retaliation under these Procedures will not be tolerated by the College and is grounds for disciplinary action, up to and including permanent dismissal from the College and/or termination of employment.

The College has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinators.

B. Purpose

The College takes all reported sexual harassment seriously. The College will promptly take action against any individuals within its control who are found responsible for violating these Procedures.  Additionally, reported sexual harassment that does not meet the definitions and jurisdiction of these Procedures will be referred for review under the Student Code of Conduct, or the Employee Policy, whichever may be applicable.

C. Jurisdiction and Application of these Procedures

These Procedures apply to sexual harassment occurring under the College’s education program or activity. Conduct that occurs under the College’s education program or activity includes, but is not limited to, conduct that occurs in a building owned or controlled by the College or by a student organization that is officially recognized by the College and where the College exercises control over the Respondent at the time the alleged conduct occurs. A Complainant may only file a formal complaint if the Complainant is participating or attempting to participate in the College’s education program or activity. These Procedures do not cover conduct that occurs outside of the United States.

If the alleged conduct does not meet the definition of sexual harassment under these Procedures, the College will provide supportive measures when reasonably available and, when possible, take prompt action to provide for the safety and well-being of the Complainant and the broader campus community.

D. Title IX Coordinator

The College’s Title IX Coordinator is the person designated by the College who is responsible for coordinating the College’s compliance with its obligations under Title IX. The Title IX Coordinator is responsible for the administrative response to complaints of sexual harassment. The Title IX Coordinator is available to discuss the grievance process, coordinate supportive measures, explain the College’s policies and procedures, and provide education on relevant issues. The Title IX Coordinator may designate one or more Assistant Title IX Coordinators to facilitate any of these responsibilities.

Any member of the College’s community may contact the Title IX Coordinators with questions.  The Title IX Coordinator and Assistant Title IX Coordinators’ contact information is as follows:

Dean Mickey Baker, Title IX Coordinator Wallace Community College, Sparks Campus 3235 South Eufaula Ave. Administrative Building, Office A-15 Eufaula, AL  36027 P:  (334) 556-2485 E: mbaker@wallace.edu

Ms. Shaletha Barnes-Blackmon, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Grimsley Hall, Advising Center, Office 149 Dothan, AL  36303 P: (334) 556-2511 E: titleix@wallace.edu

Ms. Keyashia Sheppard, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Gary Hall, Room J Dothan, AL  36303 P: (334) 556-2557 E:  titleix@wallace.edu

In addition to the Title IX Coordinator and Assistant Title IX Coordinator(s), the Title IX staff may include Investigators, Hearing Decisionmakers, Appellate Decisionmakers, Advisors, and Informal Resolution Facilitators who have roles in the formal grievance process, which are detailed in these Procedures.

The Title IX Coordinator, Assistant Title IX Coordinator(s), Investigators, Hearing Decisionmakers, Appellate Decisionmakers, Advisors, if applicable, and Informal Resolution Facilitators will receive annual training in compliance with Title IX.  All administrators in these roles will not rely on sex stereotypes and will provide impartial investigations and adjudications of complaints of sexual harassment. All materials used to train these administrators will be available on the College’s Title IX website for inspection by members of the public in accordance with Title IX regulations.

Conflict of Interest

The Title IX Coordinator, Assistant Title IX Coordinator(s), Investigators, Decisionmakers, Appellate Decisionmakers, and Informal Resolution Facilitators shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Whether bias exists requires examination of the particular facts of a situation. A determination of bias must be based on an objective evaluation of the available facts (i.e., whether a reasonable person would believe bias exists).

Any person exercising investigative or decision-making authority under these Procedures who believes they may have a potential conflict of interest or bias that would prevent them from impartially exercising their authority must disclose the potential conflict/bias to the Title IX Coordinator as soon as practicable after it is discovered. Arrangements will then be made to designate a conflict/bias-free alternative in the case at issue.

If the Complainant or the Respondent believes the Title IX Coordinator has a conflict of interest or bias, then the Complainant or the Respondent may request a replacement Title IX Coordinator.  If the objection is reasonable, the Title IX Coordinator will be replaced with a conflict/bias-free Title IX Coordinator as soon as practicable after the potential conflict or bias is discovered.

If the objection as to a conflict or bias is made with respect to an Investigator, such objection should be reported to the Title IX Coordinator as soon as practicable after the potential conflict or bias is discovered.  If the Title IX Coordinator determines that the objection is reasonable, the Investigator will be replaced with a conflict/bias-free alternative Investigator.

If the objection as to a conflict or bias is made with respect to a Hearing Decisionmaker or Appellate Decisionmaker, such objection must be reported to the Title IX Coordinator before the scheduled hearing or appeal decision. If the Title IX Coordinator determines that the objection is reasonable, the challenged person will be replaced with a conflict/bias-free alternative Hearing Decisionmaker or Appellate Decisionmaker.

The decision of the Title IX Coordinator or Title IX Assistant Coordinator (in objections to the Title IX Coordinator), regarding an objection, will be final.

Knowledge of or acquaintance with the Complainant, Respondent, or witnesses in a matter; awareness of a matter; participation as a consequence of one’s official role in events surrounding a matter; and/or participation in the investigation process prior to the formal disciplinary process does not automatically result in the finding of a disqualifying conflict; however, such factors may be considered in determining whether a conflict exists.

The mere fact that a certain number of findings under these Procedures result in determinations of responsibility, or non-responsibility, does not necessarily indicate or imply bias on the part of Title IX personnel.

E. Definitions

Actual Knowledge: notice of sexual harassment allegations to the Title IX Coordinator or any Official with Authority, except that actual knowledge is not met when the only individual with actual knowledge is the Respondent

 Business Day:  any weekday not designated by the College as a holiday or administrative closure day. When calculating a time period of business days specified in these Procedures, the business day of the event that triggers a time period is excluded

 Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment

Confidential Employee: an individual identified by the institution who will not report any information about an incident to the Title IX Coordinator without the Complainant’s permission.

Consent: must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether or not a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

 Disciplinary Sanctions: consequences imposed on a Respondent following a determination under Title IX that the Respondent violated the College’s prohibition on sexual harassment

Education Program or Activity: locations, events, or circumstances over which the College exercises substantial control over both the Respondent and the context in which the sexual harassment occurs; includes conduct that occurs on College property, during any College activity, or in any building owned or controlled by the College or by a student organization that is officially recognized by the College

Formal Complaint: a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the allegation of sexual harassment

Incapacitation: An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, intoxication, or any other state where the individual is unaware that sexual contact is occurring or is otherwise unable to give informed and voluntary consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Example: A person who is taking pain medication and falls asleep under the influence of the medication can be incapacitated and not be able to give consent to sexual contact.

Official with Authority: an individual who has the authority to institute corrective measures and is required to report sexual harassment to the Title IX Coordinator to initiate the College’s response to the sexual harassment allegations. The College’s Officials with Authority include the following positions at the College: Title IX Coordinator and Assistant Title IX Coordinator(s); President of the College, and all Vice Presidents/Deans.

Party: a Complainant or Respondent

Relevant: related to the allegations of sexual harassment under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sexual harassment occurred, and evidence is relevant when it may aid a Hearing Decisionmaker or Appellate Decisionmaker in determining whether the alleged sexual harassment occurred

Remedies: measures designed to restore or preserve equal access to the College’s education program or activity; remedies may include, but are not limited to, the same individualized services as supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent

Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment

Responsible Reporting Official: any individual who is employed by the College and not deemed to be a Confidential Employee or Official with Authority. Responsible Reporting Officials are mandated by the College to report sexual harassment to the Title IX Coordinator promptly upon receiving a report of sexual harassment.

Retaliation: intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or these Procedures.

• Nothing in this definition precludes a College from requiring an employee or other person authorized by a College to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.

Student: a person who has gained admission

Supportive Measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

• Such measures are designed to restore or preserve equal access to the College’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment.
• Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

 F. Prohibited Conduct

Under Title IX, Prohibited Conduct includes sexual harassment, sexual assault, dating violence, domestic violence, and stalking as defined below.

To the extent that federal or state laws addressing conduct that could be deemed Prohibited Conduct are created or amended, engaging in such conduct shall be considered a violation of these Procedures even if the definitions below have not been updated to reflect the most recent additions to or changes in law.

Sexual Harassment: conduct on the basis of sex that satisfies one or more of the following:

• An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (quid pro quo sexual harassment);
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity (hostile environment sexual harassment). A severe, pervasive, and objectively offensive assessment includes, but is not limited to, a consideration of the following:
  • the frequency of the offensive conduct;
  • the nature of the unwelcome sexual act or words, such as whether the harassment was physical, verbal, or both;
  • Whether the harassment was an offensive utterance, and;
  • the number of victims involved and the relationship between the parties, including, but not limited to, the ages of the harasser and the victim; and
  • In evaluating whether conduct is severe, pervasive, and objectively offensive, the College will look at the totality of the circumstances, expectations, and relationships.

Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in these Procedures.

Sexual Assault: an offense classified as a forcible or nonforcible sex offense under the Uniform Crime Reporting System and the Summary Reporting System User Manual of the Federal Bureau of Investigation, as used in the Clery Act.

• Sex Offenses: Any sexual act directed against another person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent.
• Nonconsensual sexual intercourse (Rape): The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
• Nonconsensual sexual contact (Fondling): The touching of the private body parts (breasts, buttocks, groin) of another person for the purpose of sexual gratification without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence: violence committed by a person:

• who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
• where the existence of such a relationship shall be determined based on a consideration of the following factors:
  • The length of the relationship,
  • The type of relationship,
  • The frequency of interaction between the persons involved in the relationship.
• Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence: felony or misdemeanor crimes of violence committed by a person who:

• Is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the Complainant,
• shares a child in common with the Complainant,
• is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
• commits acts against a youth or young adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction

Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• fear for the person’s safety or the safety of others; or
• suffer substantial emotional distress.

Course of Conduct: two or more acts, including, but not limited to, acts in which the individual directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Reasonable Person: a reasonable person under similar circumstances and with similar identities to the Complainant.

Substantial Emotional Distress: significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

G. Reporting Procedures

A report of sexual harassment can be made to the persons below in person (during business hours) or by mail, telephone, or by email using the contact information below at any time, including during non-business hours. A report of sexual harassment can also be made by completing the online reporting form at Appendix C – Complaint Form.

• Reporting to the Title IX Coordinator: Reports of sexual harassment may be made to the Title IX Coordinator in any of the following ways, by anyone, at any time: email, phone, online form, or mail. Reports may be made to the Title IX Coordinator in person on the Dothan Campus in Grimsley Hall, Advising Center, Office 149, or on the Sparks Campus, in the office of the Dean of Student Success, Administrative Building. After an incident of sexual harassment has been reported to the Title IX Coordinator, the Title IX Coordinator will promptly offer supportive measures to the Complainant, regardless of whether the Complainant was the reporter of the Sexual Harassment.
• Reporting to Officials with Authority: If Officials with Authority are notified of sexual harassment, they shall promptly report such sexual harassment to the Title IX Coordinator, who will take immediate action under this Procedure. The College’s Officials with Authority include the following positions at the College: Title IX Coordinator and Assistant Title IX Coordinator(s); President of the College, and all Vice Presidents/Deans.
• Reporting to Responsible Reporting Officials: College employees who are not Confidential Employees or Officials with Authority are mandated by the College to report alleged sexual harassment to the Title IX Coordinator promptly upon receiving a report of sexual harassment.
• Reporting to Confidential Employees: Reports of sexual harassment made to Confidential Employees are considered confidential reports and will not be reported to the Title IX Coordinator without the Complainant’s permission and will not constitute actual notice to the College. The College’s Confidential Employees include the following positions at the College: Director of Advising and Counseling Services.
• Anonymous Reporting: Anonymous reports may be made by telephone, in writing, or electronically to the Title IX Coordinator. A decision to remain anonymous, however, may greatly limit the College’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Procedure.
• Reporting to Local Law Enforcement: Reports of sexual harassment may be filed with local law enforcement agencies. The Title IX Coordinator can assist with contacting law enforcement agencies. Law enforcement investigations are separate and distinct from the College’s investigations.
• Mandatory Reporting under Alabama Law: Alabama law imposes a mandatory duty on all College employees to immediately report all incidences of known or suspected child abuse. Such reports must be made to the College’s Safety & Security Department. The College also encourages students, volunteers, and representatives (as well as third-party vendors and their employees, representatives, or volunteers that contract for use of College facilities with responsibilities that involve interaction with children) to report (verbally and in writing) known or suspected child abuse to the College’s Safety & Security Department. Sexual abuse is one element of the more comprehensive term “abuse” under Alabama law. For child protection purposes, a child is any person under 18 years of age or any individual under 19 years of age who is in need of protective services and does not qualify for adult protective services under Chapter 9 of Title 38 in Alabama Law. A freshman student, a “dual enrolled” high school student, or a summer camp participant, among others, may fall into the category of a “child.”
• Consolidation of Complaints: The College may consolidate complaints of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of sexual harassment arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable.
  • The College will not consolidate complaints if consolidation would violate the Family Educational Rights and Privacy Act (FERPA). Consolidation would not violate FERPA when the College obtains prior written consent from parties to the disclosure of their educational records.

Amnesty for Students: The College strongly encourages students to report incidents violating the policy related to discrimination, harassment, sexual harassment, and related inappropriate conduct. The College’s primary concern is the safety of the members of the college community, and it encourages behavior that demonstrates care and concern for members of the community. Accordingly, the College reserves the right to provide a reprieve from disciplinary actions for Complainants and other individuals who exhibit responsible and proactive behavior in reporting sexual harassment or other prohibited conduct or for students acting as a witness during the formal grievance procedures. The College may provide referrals to counseling and may require educational options, rather than disciplinary sanctions, in such cas

H. Supportive Measures

Supportive measures may vary depending on what the College deems to be reasonably available. These measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment. Complainants are eligible for supportive measures at the time their identity is known to the Title IX Coordinator. Respondents are eligible for supportive measures at the time that notice of an alleged complaint has been given.

Supportive measures cannot unreasonably burden either party and must be designed to protect the safety of the parties or the College’s educational environment, or to provide support during the College’s grievance procedures or during the informal resolution process. The College will not impose such measures for punitive or disciplinary reasons.

The College may, as appropriate, modify or terminate supportive measures at the conclusion of the grievance procedures or at the conclusion of the informal resolution process, or the College may continue them beyond that point.

The College will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party’s access to the education program or activity.

If the party is a student with disabilities, The Title IX Coordinator may consult, as appropriate, with the individual or office that the College has designated to provide support to students with disabilities to determine how to comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, in the implementation of supportive measures.

I. Emergency Removals and Administrative Leave

The College may remove a Respondent from the College’s education program or activity on an emergency basis, provided that the College undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health and safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision to the Title IX Coordinator in writing within three (3) business days following the removal.

The College may place a non-student employee Respondent on administrative leave from employment responsibilities during the pendency of the College’s grievance procedures.

Any challenges to an emergency removal should be sent to the Title IX Coordinator in writing within three (3) business days of the notification to the Respondent of the emergency removal. The Respondent should state the reasons for the challenge and any supporting documentation. The Title IX Coordinator will render a decision within five (5) business days and will notify both parties in writing of the decision.

J. Initial Evaluation & Complaint Dismissals

Initial Evaluation: When a report has been made, the Title IX Coordinator will contact the Complainant for an initial discussion to provide information of their rights and options, availability of supportive measures, consideration of the Complainant’s wishes with respect to supportive measures, explanation of the policy and grievance procedures, and the process for filing a Formal Complaint.

During the initial discussion with the Complainant, the Title IX Coordinator will gather facts that will enable the Title IX Coordinator to evaluate the allegations and make a determination on whether to dismiss the complaint or investigate the complaint. A Formal Complaint must contain an allegation of sexual harassment against a Respondent, a request for the College to investigate the allegation, and be signed by the Complainant or the Title IX Coordinator. A Complainant may only file a formal complaint if the Complainant is participating or attempting to participate in the College’s education program or activity.

In limited circumstances, if a Complainant does not sign a Formal Complaint, the Title IX Coordinator may sign a Formal Complaint. To make a fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors:

•  the Complainant’s request not to proceed with initiation of a complaint;
• the Complainant’s reasonable safety concerns regarding initiation of a complaint;
• The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
• The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
• The age and relationship of the parties, including whether the Respondent is an employee of the College;
• The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
• The availability of evidence to assist a Decisionmaker in determining whether sex discrimination occurred; and
• Whether the College could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.

 Mandatory Complaint Dismissals

The Title IX Coordinator will dismiss a Formal Complaint for purposes of sexual harassment if:

• The conduct alleged in the Formal Complaint would not constitute sexual harassment as defined in these Procedures, even if proved;
• The conduct alleged did not occur in the College’s education program or activity; or
• The conduct alleged in the Formal Complaint did not occur against a person in the United States.

Permissive Complaint Dismissals

The Title IX Coordinator may dismiss a Formal Complaint or any allegation within the Formal Complaint, if at any time during the investigation or hearing:

• A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations in the Formal Complaint;
• The Respondent is no longer enrolled in the College; or
• Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations within the Formal Complaint.

Upon dismissal, the Title IX Coordinator will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the Title IX Coordinator will notify the parties simultaneously in writing.

The Title IX Coordinator will notify the Complainant that a dismissal may be appealed on the basis outlined in Section M of these Procedures. If dismissal occurs after the Respondent has been notified of the allegations, then the Title IX Coordinator will also notify the Respondent that the dismissal may be appealed on the same basis. If a dismissal is appealed, the College will follow the procedures outlined in Section M of these Procedures.

When a complaint is dismissed, the College will, at a minimum:

• Offer supportive measures to the Complainant as appropriate;
• If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sexual harassment does not continue or recur within the College’s education program or activity.

K. Complaint Investigation

The College will treat Complainants and Respondents equitably.

The College presumes that the Respondent is not responsible for the alleged sex-based harassment until a determination is made at the conclusion of its grievance procedures.

It is the goal of the College to complete investigations in a prompt timeframe. Any timeframes or deadlines may be extended when necessary to ensure the integrity and completeness of the investigation, comply with a request by external law enforcement, accommodate the availability of parties and/or witnesses, account for College breaks or vacations, and the complexity of the investigation or severity and extent of the alleged conduct. The Title IX Coordinator will notify both parties in writing of any College delays.

If a Complainant or Respondent shall request a delay in the investigation or extension of any timeframes, the party must notify the Title IX Coordinator in writing as soon as practicable, stating the requested new timeframe and reason for the delay or extension. The Title IX Coordinator will notify the party in writing of the denial or both parties in writing of the approval within three (3) business days of notification of the request. Any delays or extensions will apply equally to both parties.

All requests will be on a case-by-case basis for good cause.

Parties have the opportunity to be accompanied to any meeting or proceeding by one (1) Advisor of their choice, who may be, but is not required to be, an attorney.

• The College will not limit the choice or presence of the Advisor for the Complainant or Respondent in any meeting or proceeding. Both parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available. However, the College has the right to remove any Advisor who does not adhere to the College’s policies and procedures.
• The College cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to advise that party.
• If a party requests that all communication be made through their attorney Advisor instead of to the party, the College will agree to copy both the party and their Advisor on all communications.
• Advisors should help the parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak for the party unless given specific permission to do so.
• The parties are expected to ask and respond to questions on their own behalf throughout the grievance process. Although the Advisor generally may not speak for the party, the Advisor may consult with the party, either privately as needed, or by conferring or passing notes during any meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

Parties have the opportunity to have one (1) support person of their choice, a person other than the Advisor, present during any meeting or proceeding.

Written Notice of Allegations

Upon receipt of a Formal Complaint, the Title IX Coordinator will notify the parties in writing of the following, with sufficient time for the parties to prepare a response before any initial interview:

• Notice of the party’s rights and options
• Notice of the College’s grievance process
• Notice of the College’s informal resolution process and options
• Notice of the allegations of sexual harassment, including: the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the incident, if known
• Notice that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process
• Notice that the parties may have an Advisor of their choice, who may be, but is not required to be, an attorney, and that the Advisor may inspect and review evidence
• Notice of the College’s Student Code of Conduct provision that prohibits knowingly making false statements or knowingly submitting false information during the grievance process

If, in the course of an investigation, the College decides to investigate additional allegations of sexual harassment by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated complaint, the Title IX Coordinator will provide written notice of the additional allegations to the parties.

Investigation

The College will conduct an investigation following a Formal Complaint and Notice of Allegations. The Title IX Coordinator will assign an Investigator(s) to conduct the investigation. During all meetings and interviews, the parties may be accompanied by an Advisor of their choice, who can be, but is not required to be, an attorney. During the investigation stage of the grievance process, the Advisor’s role is limited to assisting, advising, and/ or supporting a Complainant or Respondent. An Advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent during the investigation phase of the grievance process.

Each party will be provided an equal opportunity to provide information to the Investigator and present witnesses for the Investigator to interview. The information provided by the parties can include inculpatory and exculpatory evidence. The witnesses can include both fact witnesses and expert witnesses.

Each party will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence upon which the College does not intend to rely upon in reaching a determination regarding responsibility. This review includes inculpatory and exculpatory evidence that is obtained by a party, witness, or other source. Each party and their Advisor (if any) will be provided an electronic copy of the evidence for inspection and review. The parties will have ten (10) business days to review and submit a written response to the Investigator. The Investigator will consider the written responses prior to completing an investigative report.  All evidence provided during the inspection and review phase will be available at any hearing for the parties to use during the hearing, including for purposes of cross-examination.

Following the opportunity to inspect and review evidence directly related to the allegations raised in the Formal Complaint, the Investigator will create an investigative report that fairly summarizes relevant evidence obtained during the investigation.

At least ten (10) business days prior to a hearing, the Investigator will provide each party and the party’s Advisor (if any) an electronic copy of the investigative report that includes the parties’ review and written response, if any.

L. Hearing

After the investigation, the College will provide for a live hearing for all Formal Complaints of sexual harassment that have not been dismissed or resolved by informal resolution. At the request of either party, or at the discretion of the Title IX Coordinator, the College will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Hearing Decisionmaker and parties to simultaneously see and hear the other party or witness answering questions.

The Hearing Decisionmaker(s) will be appointed by the College and will not be the Title IX Coordinator or Investigator. The Hearing Decisionmaker(s) will be trained, impartial, and without a conflict of interest. The Hearing Decisionmaker(s) may be a panel of three (3) College employees with one panel member serving as a chairperson, or a single Hearing Decisionmaker, or an external individual designated by the College.

Either party may challenge the appointment of a Hearing Decisionmaker, based on conflict of interest or bias, in writing to the Title IX Coordinator, no less than five (5) business days prior to the scheduled hearing.

The College will create an audio or audiovisual recording of all live hearings and make the recording available to the parties for inspection or review.

The Title IX Coordinator will serve as the hearing process facilitator to coordinate the hearing, including, but not limited to, coordination and scheduling of the hearing; the logistics of physical or virtual rooms for parties and/or witnesses, including separation of the parties; ensuring all technology is working appropriately; ensuring the parties have access to electronic documents during the hearing; distributing materials; etc.  The Title IX Coordinator may invite the parties and their advisors, separately, to a meeting prior to the hearing to review the hearing process for the purpose of ensuring a smooth hearing.  This meeting is separate from the pre-hearing conference discussed below.

Participants at the hearing include the Hearing Decisionmaker(s), the Investigator(s) who conducted the investigation, the parties, advisors to the parties, witnesses, and anyone providing authorized accommodations.  In addition, the Title IX Coordinator, serving as the hearing facilitator, is present.  Any witnesses scheduled to participate in the hearing must have been first interviewed by the Investigator(s) or have provided a written statement or answered questions from the Investigator in writing.

Advisor’s Role at the Hearing

Each party must have an Advisor present at the hearing. The Advisor’s role is limited to supporting, advising, and assisting the party during the hearing and conducting questioning (cross-examination) of participants. Advisors are required to follow the rules of decorum enforced by the Hearing Decisionmaker(s). Failure to follow the rules of decorum by an Advisor may result in the removal of an Advisor from the hearing. If a party does not have an Advisor present at the live hearing, the College will appoint the party with an Advisor without fee or charge.

Pre-Hearing Conference

The Hearing Decisionmaker(s) may hold a pre-hearing conference. In order to streamline the hearing process, the Hearing Decisionmaker(s) may request the submission of questions prior to the hearing through electronic submission and/or a pre-hearing conference. During the pre-hearing conference, parties and their advisors will be asked to submit, in writing, any questions they wish to ask during the live hearing so that the Hearing Decisionmaker(s) can be prepared to respond to relevancy at the hearing. The Hearing Decisionmaker(s) may allow for the pre-hearing submission of questions regardless of whether a pre-hearing conference occurs.

This conference does not preclude an Advisor from asking additional questions live during the hearing.

 At the pre-hearing conference, the Hearing Decisionmaker(s) may also hear arguments regarding the relevance of the evidence identified in the investigation report as relevant or not relevant, and/or directly related to the allegations.

Hearing Process

The hearing process will proceed as follows:

• Notice of Hearing: After the investigative report has been completed and at least ten (10) business days prior to the date set for the hearing, the parties and their advisors (if any) will be provided with a Notice of the Hearing. The Notice will include the date, time, location, name of the Hearing Decisionmaker(s), names of all participants in the hearing, and the location (virtual or in person) of the hearing.
• Opening Statement: Each party will have the opportunity to present an opening statement, no more than five (5) minutes, to the Hearing Decisionmaker(s).
• Review of Hearing Procedures, Formal Complaint, and Notice of Allegations by Hearing Decisionmaker(s).
• Questioning of Parties and Witnesses: The College will provide a process that enables the Hearing Decisionmaker(s) to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sexual harassment.

The Hearing Decisionmaker(s) will ask initial questions of the participants at the hearing.

After the Hearing Decisionmaker(s) ask questions of a participant, each party’s Advisor will be permitted to ask relevant questions and follow-up questions orally, directly, and in real time to the participant. The parties are never permitted to ask questions of participants directly. The questioning of participants by Advisors will be conducted in the following manner:

• a question is asked by an Advisor
• Before the participant answers the question, the Hearing Decisionmaker(s) determines whether the question is relevant
• If the question is determined to be relevant by the Hearing Decisionmaker(s), the participant answers the question
• If the question is determined not to be relevant by the Hearing Decisionmaker(s), the Hearing Decisionmaker(s) must explain the decision to exclude a question as not relevant.

Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Hearing Decisionmaker(s) will give a party an opportunity to clarify or revise a question that the Hearing Decisionmaker(s) determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked by the party’s Advisor.

Evidence and Questions Excluded

Sexual Predisposition or Prior Sexual Behavior of the Complainant: Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Privileged Information: No person will be required to disclose information protected under a legally recognized privilege. The Hearing Decisionmaker(s) must not allow into evidence or rely upon any questions or evidence that may require or seek disclosure of such information, unless the person holding the privilege has waived the privilege. This includes information protected by the attorney-client privilege.

Medical Records: Evidence or records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, are not permitted to be used during a hearing unless the party provides voluntary, written permission to do so for the grievance process within these Procedures.

The Hearing Decisionmaker(s) may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Hearing Decisionmaker(s), however, will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Closing Statements

Each party will have the opportunity to present a closing statement, no more than five (5) minutes, to the Hearing Decisionmaker(s).

Determination Whether Sexual Harassment Occurred

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the Hearing Decisionmaker(s) will deliberate in private and will:

• Use the preponderance of the evidence standard of proof to determine whether sexual harassment occurred. This means that the Hearing Decisionmaker(s) will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s). The standard of proof requires the Hearing Decisionmaker(s) to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Hearing Decisionmaker(s) is not persuaded under the applicable standard by the evidence that sexual harassment occurred, whatever the quantity of the evidence is, the Hearing Decisionmaker(s) will not determine that sexual harassment occurred.
  • Notify the parties simultaneously in writing of the determination whether sexual harassment occurred under Title IX, including:
  • Identification of the allegations potentially constituting sexual harassment;
  • A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  • Findings of fact supporting the determination;
  • Conclusions regarding the application of the Procedure to the facts;
  • A statement of, and rationale for, the result of each allegation, including a determination regarding responsibility, any disciplinary sanctions that the College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the Complainant; and
  • The procedures and permissible bases for the Complainant and Respondent to appeal.

The Hearing Decisionmaker(s) will send the written notification of the hearing outcome to both parties within fourteen (14) business days of the conclusion of the hearing.

The College will not impose disciplinary sanctions on a Respondent for sexual harassment prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited sexual harassment.

If there is a determination that sexual harassment occurred, as appropriate, the Title IX Coordinator will:

• Coordinate the provision and implementation of remedies to a Complainant and other people the College identifies as having had equal access to the College’s education program or activity limited or denied by sexual harassment;
• Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
• Take other appropriate prompt and effective steps to ensure that sexual harassment does not continue or recur within the College’s education program or activity.

The College shall not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sexual harassment occurred.

Sanctions

Factors considered by the Hearing Decisionmaker(s) when determining sanctions and responsive actions may include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
• The impact on the parties
• Any other information deemed relevant by the Hearing Decisionmaker(s)

The sanctions will be implemented upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

Student Sanctions

The following are the common sanctions that may be imposed upon students singly or in combination:

• Reprimand
• Required Counseling
• Probation
• Suspension
• Expulsion
• Withholding Diploma
• Revocation of Degree
• Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate.

Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an employee who has engaged in sex-based harassment include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to or in place of the above sanctions/responsive actions, the College may assign any other responsive actions as deemed appropriate.

M. Appeals

The College will offer an appeal from a dismissal of a Formal Complaint or a determination of whether sexual harassment occurred on the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, Investigator, or Hearing Decisionmaker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or
• Sanctions were disproportionate to the policy violation(s).

If either party wishes to appeal a dismissal of a Formal Complaint or a determination of whether sexual harassment occurred, the party must submit an appeal in writing to the Title IX Coordinator within three (3) business days of receiving written notification of the hearing determination. The party requesting the appeal should state the basis for the appeal and any supporting documentation.

If a party appeals a dismissal of a Formal Complaint or a determination whether sexual harassment occurred, the Title IX Coordinator will:

• Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the Appellate Decisionmaker for the appeal is not the same person as the Hearing Decisionmaker(s) that reached the determination regarding responsibility or dismissal of the Formal Complaint, the Investigator, or the Title IX Coordinator;
• Ensure that the Appellate Decisionmaker for the appeal has been trained consistent with the Title IX regulations;
• Provide the non-appealing party with five (5) business days from receipt of the notification of appeal to submit a written statement in support of the outcome of the determination whether sexual harassment occurred or dismissal of the Formal Complaint;
• The written determination on responsibility and sanctions, if applicable, is postponed until the decision on the appeal is sent to the parties. Supportive measures will remain in place during the appeal period.

The Appellate Decisionmaker will issue a written decision describing the result of the appeal and the rationale for the result which can be one of the following: (1) affirm the determination of the Hearing Decisionmaker(s) and affirm the disciplinary sanctions and remedies, if applicable (2) affirm the determination of the Hearing Decisionmaker(s) regarding the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable (3) remand the process back to the hearing stage for the Hearing Decisionmaker(s) to remedy any procedural irregularity or consider any new evidence (4) reverse the Hearing Decisionmaker(s)’ determination of the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable or (5) affirm or amend the sanctions and/or remedies outlined in the determination

• The Appellate Decisionmaker will notify both parties in writing of their decision within fourteen (14) business days of receipt of the appeal.
• The determination regarding responsibility becomes final on the date that the College provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.
• At the conclusion of the appeals process, employee Respondents will receive all rights, if applicable and if any, which are granted by either their contract or the Alabama Students First Act in the event any disciplinary sanction is proposed.

N. Informal Resolution

In lieu of resolving a complaint through the College’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. Informal resolution does not involve an investigation, adjudication hearing, or disciplinary action against a Respondent and is not appropriate for all forms of conduct under these Procedures. Informal resolution is not an option for sexual harassment incidents involving a student Complainant and an employee Respondent. Both parties must voluntarily agree in writing to participate in the informal resolution process.

The Title IX Coordinator will inform the parties in writing of the informal resolution process it offers. The College will not offer an informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the initiation of an informal resolution process, the Title IX Coordinator will explain in writing to the parties:

• The allegations;
• The requirements of the informal resolution process;
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
• What information the College will maintain and whether and how the College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.
• Informal resolution will be facilitated by Informal Resolution Facilitators. The time frame for completion of informal resolution may vary, but the College will seek to complete the process within a prompt timeframe.

The College retains the discretion to determine which cases are appropriate for informal resolution. The College may gather information necessary through interviewing individuals and other evidence gathering to determine if the case is appropriate for informal resolution. Factors the College will consider when determining whether a report of Prohibited Conduct is suitable for informal resolution include, but are not limited to, the following:

• The nature of the alleged offense;
• The dynamics of power or control commonly associated with the alleged offense and/or with the parties involved;
• The Respondent’s prior known conduct;
• Whether there would be a continuing safety threat to the campus community after resolution of the specific report of Prohibited Conduct;
• Whether multiple parties are involved;
• Whether the resolution proposed is designed to eliminate, prevent, and address the reported Prohibited Conduct; and
• Any other factor deemed relevant by the Title IX Coordinator in the interest of overall campus safety or safety of the parties involved.

Informal resolution may result in the following remedies: establishing supportive measures; conducting targeted or broad-based educational programming or training for relevant individuals or groups; providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions; and any other remedy that can be tailored to the involved individuals to achieve the goals of these Procedures.

Informal resolution may also include restorative principles that are designed to allow a Respondent to accept responsibility for misconduct and acknowledge harm to the Complainant or to the College community. Informal resolution may also include mediation.

Participation in informal resolution is a choice, and either party can request to end this manner of resolution and pursue an investigation at any time, including if informal resolution is unsuccessful at resolving the report. Similarly, a Complainant may request to end an investigation and pursue informal resolution at any time if the Respondent also consents to informal resolution. In addition, either party may request supportive measures regardless of whether any particular course of action is sought.

The College may also decide to proceed with a formal investigation and withdraw its approval for the informal resolution at any time during the process. If additional potential policy violations are revealed during the informal resolution process, the College may withdraw its approval for the process and proceed with a formal investigation or the College, with the consent of the parties, may continue the informal resolution process and resolve the additional potential policy violations.

Information disclosed by any party during the informal resolution process will not be considered during a subsequent investigation or adjudication hearing.

Because the outcome of the informal resolution process is mutually developed and agreed upon by the parties, an appeal of the process and its result is not permitted.

O. Confidentiality and Privacy

The College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

P. Retaliation

Neither the College nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or these Procedures or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.

Alleged acts of Retaliation will be referred to the Title IX Coordinator and may be investigated and resolved under the respective Student Code of Conduct or Employee Policy.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this Policy.

Charging an individual with a Student Code of Conduct/Employee Policy violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding does not constitute Retaliation prohibited under these Procedures.

Q. Freedom of Speech and Academic Freedom

Freedom of speech and principles of academic freedom are central to the mission of the College. Constitutionally protected expression cannot be considered sexual harassment under these Procedures. To establish a violation of Title IX, the harassment must be subjectively and objectively offensive and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.

R. Records Retention

The College will maintain all of the documentation related to reports of sex discrimination and sexual harassment, the grievance process, and the information resolution process for seven (7) years in accordance with state and federal records laws and requirements. The documentation of all records is private and confidential to the extent possible under law. Student records of the grievance process are disciplinary records under the Family Education Rights and Privacy Act (FERPA). Employee records of the grievance process are subject to the Freedom of Information Act (FOIA) and applicable state laws and included in the employee’s official employment record.

CHANCELLOR’S PROCEDURES FOR POLICY 800.02
COMPLAINTS OF NON-HARASSMENT TITLE IX DISCRIMINATION

(Students, Employees, Other Individuals)
Click here for PDF

A. Policy Statement
B. Purpose
C. Application of these Procedures
D. Title IX Coordinator
E. Definitions
F. Prohibited Conduct
G. Reporting Procedures
H. Supportive Measures
I.  Emergency Removals and Administrative Leave
J. Initial Evaluation
K. Complaint Investigation
L. Administrative Action
M. Appeals
N. Informal Resolution
O. Confidentiality & Privacy
P. Retaliation
Q. Free Speech and Academic Freedom
R. Records Retention

A. Policy Statement

Wallace Community College – Dothan (the “College”),  is committed to creating and maintaining a learning and working environment that is free from unlawful discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act, the Jeanne Clery Campus Safety Act, and the Violence Against Women Act (VAWA). Sex discrimination and retaliation under these Procedures will not be tolerated by the College and is grounds for disciplinary action, up to and including permanent dismissal from the College and/or termination of employment.

B. Purpose

The College takes all reported sex discrimination seriously. The College will promptly take action against any individuals within its control who are found responsible for violating these Procedures.

C. Application of these Procedures

These Procedures apply to complaints of sex discrimination covered under Title IX, but which do not fall within the category of sexual harassment as defined in the Grievance Procedures for Complaints of Title IX Sexual Harassment. These Procedures also apply to any complaints of retaliation as defined by the Grievance Procedures for Complaints of Title IX Sexual Harassment.

Discrimination prohibited under this policy includes: the exclusion from participation in, denial of the benefits from, or subjection to unfavorable treatment in any College education program or activity on the basis of sex, including sexual orientation or gender identity.

These Procedures are the exclusive means of resolving complaints of alleged violations of Title IX involving complaints of non-harassment Title IX discrimination brought against College faculty, staff, employees, and students. To the extent there are any inconsistencies between these procedures and other College grievance, complaint, or discipline procedures, these complaint resolution procedures will control the resolution of complaints alleging non-harassment Title IX discrimination.

D. Title IX Coordinator

The College’s Title IX Coordinator is the person designated by the College who is responsible for coordinating the College’s compliance with its obligations under Title IX. The Title IX Coordinator is responsible for the administrative response to complaints of sex discrimination. The Title IX Coordinator is available to discuss the grievance process, coordinate supportive measures, explain the College’s policies and procedures, and provide education on relevant issues. The Title IX Coordinator may designate one or more Assistant Title IX Coordinators to facilitate any of these responsibilities.

Any member of the College’s community may contact the Title IX Coordinator with questions.  The Title IX Coordinator and Assistant Title IX Coordinator(s) contact information is as follows:

Dean Mickey Baker, Title IX Coordinator Wallace Community College, Sparks Campus 3235 South Eufaula Ave. Administrative Building, Office A-15 Eufaula, AL  36027 P:  (334) 556-2485 E: mbaker@wallace.edu

Ms. Shaletha Barnes-Blackmon, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Grimsley Hall, Advising Center, Office 149 Dothan, AL  36303 P: (334) 556-2511 E: titleix@wallace.edu

Ms. Keyashia Sheppard, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Gary Hall, Room J Dothan, AL  36303 P: (334) 556-2557 E:  titleix@wallace.edu

In addition to the Title IX Coordinator and Assistant Title IX Coordinator(s), the Title IX staff may include Investigators, Appellate Decisionmakers, Advisors, if applicable, and Informal Resolution Facilitators who have roles in the formal grievance process, which are detailed in this Procedure.

The Title IX Coordinator, Assistant Title IX Coordinator(s), Investigators, Appellate Decisionmakers, Advisors, if applicable, and Informal Resolution Facilitators will receive annual training in compliance with Title IX.  All administrators in these roles will not rely on sex stereotypes and will provide impartial investigations and adjudications of complaints of sex discrimination. All materials used to train these administrators will be available upon request for inspection by members of the public in accordance with Title IX regulations.

Conflict of Interest

The Title IX Coordinator, Assistant Title IX Coordinator(s), Investigators, Appellate Decisionmakers, and Informal Resolution Facilitators shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Whether bias exists requires examination of the particular facts of a situation. A determination of bias must be based on an objective evaluation of the available facts (i.e., whether a reasonable person would believe bias exists).

Any person exercising investigative or decision-making authority under these Procedures who believes they may have a potential conflict of interest or bias that would prevent them from impartially exercising their authority must disclose the potential conflict/bias to the Title IX Coordinator as soon as practicable after it is discovered. Arrangements will then be made to designate a conflict/bias-free alternative in the case at issue.

If the Complainant or the Respondent believes the Title IX Coordinator has a conflict of interest or bias, then the Complainant or the Respondent may request a replacement Title IX Coordinator.  If the objection is reasonable, the Title IX Coordinator will be replaced with a conflict/bias-free Title IX Coordinator as soon as practicable after the potential conflict or bias is discovered.

If the objection as to a conflict or bias is made with respect to an Investigator, such objection should be reported to the Title IX Coordinator as soon as practicable after the potential conflict or bias is discovered.  If the Title IX Coordinator determines that the objection is reasonable, the Investigator will be replaced with a conflict/bias-free alternative Investigator.

If the objection as to a conflict or bias is made with respect to an Appellate Decisionmaker, such objection must be reported to the Title IX Coordinator before the appeal decision. If the Title IX Coordinator determines that the objection is reasonable, the challenged person will be replaced with a conflict/bias-free Appellate Decisionmaker.

The decision of the Title IX Coordinator or Title IX Assistant Coordinator (in objections to the Title IX Coordinator), regarding an objection, will be final.

Knowledge of or acquaintance with the Complainant, Respondent, or witnesses in a matter; awareness of a matter; participation as a consequence of one’s official role in events surrounding a matter; and/or participation in the investigation process prior to the formal disciplinary process does not automatically result in the finding of a disqualifying conflict; however, such factors may be considered in determining whether a conflict exists.

The mere fact that a certain number of findings under these Procedures result in determinations of responsibility, or non-responsibility, does not necessarily indicate or imply bias on the part of Title IX personnel.

E. Definitions

Business Day:  any weekday not designated by the College as a holiday or administrative closure day. When calculating a time period of business days specified in these Procedures, the business day of the event that triggers a time period is excluded

Complainant: An individual who is alleged to be the victim of conduct that could constitute sex discrimination

Complaint: a written request to the College that objectively can be understood as a request for the College to investigate and make a determination about alleged discrimination under Title IX or its regulations.

Confidential Employee: an individual identified by the institution who will not report any information about an incident to the Title IX Coordinator without the Complainant’s permission.

Consent: must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether or not a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

Disciplinary Sanctions: consequences imposed on a Respondent following a determination under Title IX that the Respondent violated the College’s prohibition on sex discrimination

Education Program or Activity: locations, events, or circumstances over which the College exercises substantial control over both the Respondent and the context in which the conduct occurred, circumstances where the College has disciplinary authority and to misconduct occurring on College property, during any College activity, or in any building owned or controlled by the College or by a student organization that is officially recognized by the College.

Incapacitation: An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, intoxication, or any other state where the individual is unaware that sexual contact is occurring or is otherwise unable to give informed and voluntary consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Example: A person who is taking pain medication and falls asleep under the influence of the medication can be incapacitated and not be able to give consent to sexual contact.

Official with Authority: an individual who has the authority to institute corrective measures and is required to report sex discrimination, including sex-based harassment, to the Title IX Coordinator to initiate the College’s response to the sex discrimination and sex-based harassment allegations. The College’s Officials with Authority include the following positions at the College: Title IX Coordinator and Assistant Title IX Coordinator(s); President of the College, all Vice Presidents/Deans.

Party: a Complainant or Respondent

Relevant: related to the allegations of sex discrimination under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a Decision-maker in determining whether the alleged sex discrimination occurred

Remedies: measures provided, as appropriate, to a Complainant or any other person the College identifies as having had their equal access to the College’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the College’s education program or activity after the College determines that sex discrimination occurred.

Respondent: a person who is alleged to have violated the College’s prohibition on sex discrimination

Responsible Reporting Official: any individual who is employed by the College and not deemed to be a Confidential Employee or Official with Authority. Responsible Reporting Officials are mandated by the College to report sex discrimination, including sex-based harassment, to the Title IX Coordinator promptly upon receiving a report.

Retaliation: intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing, including in an informal resolution process, grievance procedures, and in any other actions taken by a College, under the Title IX regulations.

• Nothing in this definition precludes a College from requiring an employee or other person authorized by a College to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.

Student: a person who has gained admission

Supportive Measures: individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

• Restore or preserve that party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the parties or the College’s educational environment; or
• Provide support during the College’s grievance procedures or during the informal resolution process.

F. Prohibited Conduct

Under Title IX, Prohibited Conduct includes sex discrimination as defined below.

To the extent that federal or state laws addressing conduct that could be deemed Prohibited Conduct are created or amended, engaging in such conduct shall be considered a violation of this Policy even if the definitions below have not been updated to reflect the most recent additions to or changes in law.

Sex Discrimination: the exclusion from participation in, denial of benefits from, or subjection to unfavorable treatment in any educational or employment-related program or activity on the basis of sex, gender, sexual orientation, or gender identity. The discrimination can be based in whole or in part upon the individual’s actual or perceived protected characteristic.

G. Reporting Procedures

A report of sex discrimination can be made to the persons below in person (during business hours) or by mail, telephone, or by email using the contact information below at any time, including during non-business hours. A report of sex discrimination can also be made by completing the online reporting form in Appendix C – Complaint Form.

• Reporting to the Title IX Coordinator: Reports of sex discrimination may be made to the Title IX Coordinator in any of the following ways, by anyone, at any time: email, phone, online form, or mail. Reports may be made to the Title IX Coordinator in person on the Dothan Campus in Grimsley Hall, Advising Center, Office 149, or on the Sparks Campus, in the office of the Dean of Student Success, Administrative Building. After an incident of sex discrimination has been reported to the Title IX Coordinator, the Title IX Coordinator will promptly offer supportive measures to the Complainant, regardless of whether the Complainant was the reporter of the sex discrimination.
• Reporting to Officials with Authority: If Officials with Authority are notified of sex discrimination, they shall promptly report such sex discrimination to the Title IX Coordinator, who will take immediate action under this Procedure. The College’s Officials with Authority include the following positions at the College: Title IX Coordinator and Assistant Title IX Coordinator(s); President of the College, and all Vice Presidents/Deans.
• Reporting to Responsible Reporting Officials: College employees who are not Confidential Employees or Officials with Authority are mandated by the College to report alleged sex discrimination to the Title IX Coordinator promptly upon receiving a report of sex discrimination.
• Reporting to Confidential Employees: Reports of sex discrimination made to Confidential Employees are considered confidential reports and will not be reported to the Title IX Coordinator without the Complainant’s permission and will not constitute actual notice to the College. The College’s Confidential Employees include the following positions at the College:Director of Advising and Counseling Services.
• Anonymous Reporting: Anonymous reports may be made by telephone, in writing, or electronically to the Title IX Coordinator. A decision to remain anonymous, however, may greatly limit the College’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating these Procedures.
• Reporting to Local Law Enforcement: Reports of sex discrimination may be filed with local law enforcement agencies. The Title IX Coordinator can assist with contacting law enforcement agencies. Law enforcement investigations are separate and distinct from the College’s investigations.
• Mandatory Reporting under Alabama Law: Alabama law imposes a mandatory duty on all College employees to immediately report all incidences of known or suspected child abuse. Such reports must be made to the College’s Safety & Security Department. The College also encourages students, volunteers, and representatives (as well as third-party vendors and their employees, representatives, or volunteers that contract for use of College facilities with responsibilities that involve interaction with children) to report (verbally and in writing) known or suspected child abuse to the College’s Safety & Security Department. Sexual abuse is one element of the more comprehensive term “abuse” under Alabama law. For child protection purposes, a child is any person under 18 years of age or any individual under 19 years of age who is in need of protective services and does not qualify for adult protective services under Chapter 9 of Title 38 in Alabama Law. A freshman student, a “dual enrolled” high school student, or a summer camp participant, among others, may fall into the category of a “child.”
• Consolidation of Complaints: The College may consolidate complaints of sex discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable.
• The College will not consolidate complaints if consolidation would violate the Family Educational Rights and Privacy Act (FERPA). Consolidation would not violate FERPA when the College obtains prior written consent from parties to the disclosure of their educational records.
• Amnesty for Students: The College strongly encourages students to report incidents violating the policy related to discrimination, harassment, and related inappropriate conduct. The College’s primary concern is the safety of the members of the college community, and it encourages behavior that demonstrates care and concern for members of the community. Accordingly, the College reserves the right to provide a reprieve from disciplinary actions for Complainants and other individuals who exhibit responsible and proactive behavior in reporting sex discrimination or other prohibited conduct or for students acting as a witness during the formal grievance procedures. The College may provide referrals to counseling and may require educational options, rather than disciplinary sanctions, in such cases.
• Allegations Related to Culture: Allegations related to a culture of sexual harassment or non-harassment sex discrimination by a group, organization, department, division, or the College as a whole will be investigated and resolved as closely as possible to these Procedures. Resolutions for a group, organization, division, or the College will be communicated to the highest ranking member of the group, organization, department, division, or the College.

H. Supportive Measures

The College will offer and coordinate supportive measures as appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to the College’s education program or activity or provide support during the College’s Title IX grievance procedures or during the informal resolution process. For complaints of sex discrimination, these supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex discrimination.  Complainants are eligible for supportive measures at the time their identity is known to the Title IX Coordinator. Respondents are eligible for supportive measures at the time that notice of an alleged complaint has been given.

Supportive measures cannot unreasonably burden either party and must be designed to protect the safety of the parties or the College’s educational environment, or to provide support during the College’s grievance procedures or during the informal resolution process. The College will not impose such measures for punitive or disciplinary reasons.

The College may, as appropriate, modify or terminate supportive measures at the conclusion of the grievance procedures or at the conclusion of the informal resolution process, or the College may continue them beyond that point.

The College will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party’s access to the education program or activity.

If the party is a student with disabilities, the Title IX Coordinator may consult, as appropriate, with the individual or office that the College has designated to provide support to students with disabilities to determine how to comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, in the implementation of supportive measures.

I. Emergency Removals and Administrative Leave

The College may remove a Respondent from the College’s education program or activity on an emergency basis, provided that the College undertakes an individualized safety and risk analysis, determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

The College may place a student employee Respondent on administrative leave from employment responsibilities during the pendency of the College’s grievance procedures.

Any challenges to an emergency removal should be sent to the Title IX Coordinator in writing within three (3) business days of the notification to the Respondent of the emergency removal. The Respondent should state the reasons for the challenge and any supporting documentation. The Title IX Coordinator will render a decision within five (5) business days and will notify both parties in writing of the decision. The Dean, Student Success and Sparks Campus will notify both parties in writing of the decision.

J. Initial Evaluation

When a report has been made, the Title IX Coordinator will contact the Complainant for an initial discussion to provide information of their rights and options, availability of supportive measures, consideration of the Complainant’s wishes with respect to supportive measures, and explanation of the policy and grievance procedures.

K. Complaint Investigation

The College will treat Complainants and Respondents equitably.

Complainants and Respondents may be accompanied by one (1) Advisor of their choice throughout the investigation. An Advisor’s role is limited to assisting, advising, and/ or supporting a Complainant or Respondent.

An Advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent.

• Both parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available. However, the College has the right to remove any advisor who does not adhere to the College’s policies and procedures.
• The College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to advise that party.
• If a party requests that all communication be made through their attorney Advisor instead of to the party, the College will agree to copy both the party and their Advisor on all communications.
• Advisors should help the parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of the party unless given specific permission to do so.
• The parties are expected to ask and respond to questions on their own behalf throughout the grievance process. Although the Advisor generally may not speak on behalf of the party, the Advisor may consult with the party, either privately as needed, or by conferring or passing notes during any meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

It is the goal of the College to complete investigations in a prompt timeframe. Any timeframes or deadlines may be extended when necessary to ensure the integrity and completeness of the investigation, comply with a request by external law enforcement, accommodate the availability of parties and/or witnesses, account for College breaks or vacations, and the complexity of the investigation or severity and extent of the alleged conduct.

The Title IX Coordinator will notify both parties in writing of any College delays.

If a Complainant or Respondent shall request a delay in the investigation or extension of any timeframes, the party must notify the Title IX Coordinator in writing as soon as practicable stating the requested new timeframe and reason for the delay or extension. The Title IX Coordinator will notify the party in writing of the denial or both parties in writing of the approval within three (3) business days of notification of the request. Any delays or extensions will apply equally to both parties.

All requests will be on a case-by-case basis for good cause.

 Written Notice of Allegations

Upon initiation of this Title IX grievance procedure, the Title IX Coordinator will notify the parties in writing of the following, with sufficient time for the parties to prepare a response before any initial interview:

• The College’s Title IX grievance procedures and any informal resolution process;
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
• Retaliation is prohibited;
• The Respondent is presumed not responsible for the alleged sex discrimination until a determination is made at the conclusion of the grievance procedures;
• The parties may have an advisor of their choice who may be, but is not required to be, an attorney;
• If the College becomes aware of any person knowingly making false statements or knowingly submitting false information during these grievance procedures, disciplinary actions may be sought under the College’s Code of Conduct or Employee Policy.

If, in the course of an investigation, the College decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated complaint, the Title IX Coordinator will provide written notice of the additional allegations to the parties.

Investigation

The College will provide for adequate, reliable, and impartial investigation of complaints.

The Complainant and Respondent will have an equal opportunity to be heard, identify witnesses, and provide information and evidence. The Investigator will gather additional information and evidence as appropriate, including, but not limited to, social media information, text messages, email messages, videos, and other records. The Investigator has the discretion to determine the relevance of information and witnesses and decide whether information or evidence should be excluded as irrelevant.

L. Administrative Action

Determination Whether Sex Discrimination Occurred

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the Investigator will serve as the Decisionmaker and will provide a written report with a recommendation to the Title IX Coordinator on whether sex discrimination occurred.

The Investigator/Decisionmaker will:

• Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. This means that the Investigator/Decisionmaker will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s). The standard of proof requires the Investigator/Decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Investigator/Decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence, the Investigator/Decisionmaker will not determine that sex discrimination occurred.
• Notify the parties in writing of the determination whether sex discrimination occurred under Title IX, including the rationale for such determination and any disciplinary sanctions the College will impose on the Respondent, if applicable, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable;
• Not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited sex discrimination.

If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will, as appropriate:

• Coordinate the provision and implementation of remedies to a Complainant and other people the College identifies as having had equal access to the College’s education program or activity limited or denied by sex discrimination;
• Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
• Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the College’s education program or activity;
• Comply with the grievance procedures before the imposition of any disciplinary sanctions against a Respondent; and
• Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sex discrimination occurred.

Sanctions

Factors considered by the Investigator/Decisionmaker when determining sanctions and responsive actions may include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
• The impact on the parties
• Any other information deemed relevant by the Decisionmaker

The sanctions will be implemented upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

Student Sanctions

The following are the common sanctions that may be imposed upon students singly or in combination:

• Reprimand
• Required Counseling
• Probation
• Suspension
• Expulsion
• Withholding Diploma
• Revocation of Degree
• Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate.

Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an employee who has engaged in sex-based harassment include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to or in place of the above sanctions/responsive actions, the College may assign any other responsive actions as deemed appropriate.

M. Appeals

The College will offer an appeal from a dismissal of a complaint or a determination of whether sex discrimination occurred on the following bases:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
• The Title IX Coordinator, Investigator, Decisionmaker, or Informal Resolution Facilitator had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.
• Sanctions were disproportionate to the policy violation(s).

If either party wishes to appeal a dismissal of a complaint or a determination whether sex discrimination occurred, the party must submit an appeal in writing to the Title IX Coordinator in writing within five (5) business days of receiving written notification of the hearing determination. The party requesting the appeal should state the basis for the appeal and any supporting documentation.

If a party appeals a dismissal or a determination of sex discrimination, the Title IX Coordinator will:

• Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the Appellate Decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
• Ensure that the Appellate Decisionmaker for the appeal has been trained consistent with the Title IX regulations;
• Provide the parties a reasonable and equal opportunity to make a statement in support of or challenging the outcome; and
• Notify the parties in writing of the result of the appeal and the rationale for the result.

The written determination on responsibility and sanctions, if applicable, is postponed until the decision on the appeal is sent to the parties. Supportive measures will remain in place during the appeal period.

The Appellate Decisionmaker will issue a written decision describing the result of the appeal and the rationale for the result which can be one of the following: (1) affirm the determination of the Investigator/Decisionmaker and affirm the disciplinary sanctions and remedies, if applicable (2) affirm the determination of the Investigator/Decisionmaker regarding the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable (3) remand the process back to the Investigator/Decisionmaker to remedy any procedural irregularity or consider any new evidence (4) reverse the Investigator/Decisionmaker’s determination of the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable or (5) affirm or amend the sanctions and/or remedies outlined in the determination.

The Appellate Decisionmaker will notify both parties in writing of their decision within fourteen (14) business days of receipt of the appeal.

The determination regarding responsibility becomes final on the date that the College provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

At the conclusion of the appeals process, employee Respondents will receive all rights, if applicable and if any, which are granted by either their contract or the Alabama Students First Act in the event any disciplinary sanction is proposed.

N. Informal Resolution

In lieu of resolving a complaint through the College’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. Informal resolution does not involve an investigation, adjudication hearing, or disciplinary action against a Respondent and is not appropriate for all forms of conduct under these Procedures. Both parties must voluntarily agree in writing to participate in the informal resolution process.

The Title IX Coordinator will inform the parties in writing of the informal resolution process it offers. The College will not offer an informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the initiation of an informal resolution process, the Title IX Coordinator will explain in writing to the parties:

• The allegations;
• The requirements of the informal resolution process;
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
• What information the College will maintain and whether and how the College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

Informal resolution will be facilitated by Informal Resolution Facilitators. The time frame for completion of informal resolution may vary, but the College will seek to complete the process within a prompt timeframe.

The College retains the discretion to determine which cases are appropriate for informal resolution. The College may gather information necessary through interviewing individuals and other evidence gathering to determine if the case is appropriate for informal resolution. Factors the College will consider when determining whether a report of Prohibited Conduct is suitable for informal resolution include, but are not limited to, the following:

• The nature of the alleged offense;
• The dynamics of power or control commonly associated with the alleged offense and/or with the parties involved;
• The Respondent’s prior known conduct;
• Whether there would be a continuing safety threat to the campus community after resolution of the specific report of Prohibited Conduct;
• Whether multiple parties are involved;
• Whether the resolution proposed is designed to eliminate, prevent, and address the reported Prohibited Conduct; and
• Any other factor deemed relevant by the Title IX Coordinator in the interest of overall campus safety or safety of the parties involved.

Informal resolution may result in the following remedies: establishing supportive measures; conducting targeted or broad-based educational programming or training for relevant individuals or groups; providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions; and any other remedy that can be tailored to the involved individuals to achieve the goals of these Procedures.

Informal resolution may also include restorative principles that are designed to allow a Respondent to accept responsibility for misconduct and acknowledge harm to the Complainant or to the College community. Informal resolution may also include mediation.

Participation in informal resolution is a choice, and either party can request to end this manner of resolution and pursue an investigation at any time, including if informal resolution is unsuccessful at resolving the report. Similarly, a Complainant may request to end an investigation and pursue informal resolution at any time if the Respondent also consents to informal resolution. In addition, either party may request supportive measures regardless of whether any particular course of action is sought.

The College may also decide to proceed with a formal investigation and withdraw its approval for the informal resolution at any time during the process. If additional potential policy violations are revealed during the informal resolution process, the College may withdraw its approval for the process and proceed with a formal investigation or the College, with the consent of the parties, may continue the informal resolution process and resolve the additional potential policy violations.

Information disclosed by any party during the informal resolution process will not be considered during a subsequent investigation or adjudication hearing.

Because the outcome of the informal resolution process is mutually developed and agreed upon by the parties, an appeal of the process and its result is not permitted.

O. Confidentiality and Privacy

The College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

P. Retaliation

Neither the College nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or these Procedures or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Procedure.

Alleged acts of Retaliation will be referred to the Title IX Coordinator to be investigated and resolved under the respective Code of Conduct or Employee Policy.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this Procedure.

Charging an individual with a Code of Conduct/Employee Policy violation for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute Retaliation prohibited by this Procedure.

Q. Freedom of Speech and Academic Freedom

Freedom of speech and principles of academic freedom are central to the mission of the College. Constitutionally protected expression cannot be considered sex discrimination under these Procedures. To establish a violation of Title IX, the harassment must be subjectively and objectively offensive and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.

R. Records Retention

The College will maintain all of the documentation related to reports of sex discrimination, the grievance process, and the information resolution process for seven years in accordance with state and federal records laws and requirements. The documentation of all records is private and confidential to the extent possible under law. Student records of the grievance process are disciplinary records under the Family Education Rights and Privacy Act (FERPA). Employee records of the grievance process are subject to the Freedom of Information Act (FOIA) and applicable state laws and included in the employee’s official employment record.

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination based on sex—including pregnancy and parental status—in educational programs and activities.

In accordance with Title IX of the Education Amendments of 1972, Wallace Community College does not discriminate against any student or exclude any student from its educational program or activity, including any class or extracurricular activity, based on student’s pregnancy or parental status, including childbirth, false pregnancy, termination or recovery of pregnancy, unless the student requests voluntarily to participate in a separate portion of the program or activity.

Know Your Rights: Pregnant or Parenting? Title IX Protects You From Discrimination At School (ed.gov)

The College encourages students to work with their faculty members to resolve any educational challenges resulting from their pregnancy or parental status. If a student needs further assistance, please get in touch with the Title IX Coordinator or an Assistant Title IX Coordinator below:

Dean Mickey Baker, Title IX Coordinator Wallace Community College, Sparks Campus 3235 South Eufaula Ave. Administrative Building, Office A-15 Eufaula, AL  36027 P:  (334) 556-2485 E: mbaker@wallace.edu

Ms. Shaletha Barnes-Blackmon, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Grimsley Hall, Advising Center, Office 149 Dothan, AL  36303 P: (334) 556-2511 E: titleix@wallace.edu

Ms. Keyashia Sheppard, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Gary Hall, Room J Dothan, AL  36303 P: (334) 556-2557 E:  titleix@wallace.edu

SafeColleges New Title IX Regulations Webinar Audience Q&A

ALCC Civil Rights Investigator 02.28.2023

Title IX Advisor Training

Title IX Appellate Decision Maker Training

Title IX Coordinator Training

Title IX Informal Resolution Facilitator Training

Title IX Investigator Training

Title IX Procedures for Wallace Community College

Title IX Team Refresher and Update 2023

Title IX Training Overview 2021

Title IX Update 2020 for Professional Development

Title IX Webinar SafeColleges

Title IX Coordinator Training

Title IX Coordinator Training L2

Wallace Community College – Dothan (the “College”), is committed to creating and maintaining a learning and working environment that is free from unlawful discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act, the Jeanne Clery Campus Safety Act, and the Violence Against Women Act (VAWA). Sexual harassment and retaliation under these Procedures will not be tolerated by the College and is grounds for disciplinary action, up to and including permanent dismissal from the College and/or termination of employment.

The College has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinators.

The College takes all reported sexual harassment seriously. The College will promptly take action against any individuals within its control who are found responsible for violating these Procedures.  Additionally, reported sexual harassment that does not meet the definitions and jurisdiction of these Procedures will be referred for review under the Student Code of Conduct, or the Employee Policy, whichever may be applicable.

These Procedures apply to sexual harassment occurring under the College’s education program or activity. Conduct that occurs under the College’s education program or activity includes, but is not limited to, conduct that occurs in a building owned or controlled by the College or by a student organization that is officially recognized by the College and where the College exercises control over the Respondent at the time the alleged conduct occurs. A Complainant may only file a formal complaint if the Complainant is participating or attempting to participate in the College’s education program or activity. These Procedures do not cover conduct that occurs outside of the United States.

If the alleged conduct does not meet the definition of sexual harassment under these Procedures, the College will provide supportive measures when reasonably available and, when possible, take prompt action to provide for the safety and well-being of the Complainant and the broader campus community.

The College’s Title IX Coordinator is the person designated by the College who is responsible for coordinating the College’s compliance with its obligations under Title IX. The Title IX Coordinator is responsible for the administrative response to complaints of sexual harassment. The Title IX Coordinator is available to discuss the grievance process, coordinate supportive measures, explain the College’s policies and procedures, and provide education on relevant issues. The Title IX Coordinator may designate one or more Assistant Title IX Coordinators to facilitate any of these responsibilities.

Any member of the College’s community may contact the Title IX Coordinators with questions.  The Title IX Coordinator and Assistant Title IX Coordinators’ contact information is as follows:

Dean Mickey Baker, Title IX Coordinator Wallace Community College, Sparks Campus 3235 South Eufaula Ave. Administrative Building, Office A-15 Eufaula, AL  36027 P: (334) 556-2485 E: mbaker@wallace.edu

Ms. Shaletha Barnes-Blackmon, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Grimsley Hall, Advising Center, Office 149 Dothan, AL  36303 P: (334) 556-2511 E: titleix@wallace.edu

Ms. Keyashia Sheppard, Assistant Title IX Coordinator Wallace Community College 1141 Wallace Drive Gary Hall, Room J Dothan, AL  36303 P: (334) 556-2557 E:  titleix@wallace.edu

In addition to the Title IX Coordinator and Assistant Title IX Coordinator(s), the Title IX staff may include Investigators, Hearing Decisionmakers, Appellate Decisionmakers, Advisors, and Informal Resolution Facilitators who have roles in the formal grievance process, which are detailed in these Procedures.

The Title IX Coordinator, Assistant Title IX Coordinator(s), Investigators, Hearing Decisionmakers, Appellate Decisionmakers, Advisors, if applicable, and Informal Resolution Facilitators will receive annual training in compliance with Title IX.  All administrators in these roles will not rely on sex stereotypes and will provide impartial investigations and adjudications of complaints of sexual harassment. All materials used to train these administrators will be available on the College’s Title IX website for inspection by members of the public in accordance with Title IX regulations.

Conflict of Interest

The Title IX Coordinator, Assistant Title IX Coordinator(s), Investigators, Decisionmakers, Appellate Decisionmakers, and Informal Resolution Facilitators shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Whether bias exists requires examination of the particular facts of a situation. A determination of bias must be based on an objective evaluation of the available facts (i.e., whether a reasonable person would believe bias exists).

Any person exercising investigative or decision-making authority under these Procedures who believes they may have a potential conflict of interest or bias that would prevent them from impartially exercising their authority must disclose the potential conflict/bias to the Title IX Coordinator as soon as practicable after it is discovered. Arrangements will then be made to designate a conflict/bias-free alternative in the case at issue.

If the Complainant or the Respondent believes the Title IX Coordinator has a conflict of interest or bias, then the Complainant or the Respondent may request a replacement Title IX Coordinator.  If the objection is reasonable, the Title IX Coordinator will be replaced with a conflict/bias-free Title IX Coordinator as soon as practicable after the potential conflict or bias is discovered.

If the objection as to a conflict or bias is made with respect to an Investigator, such objection should be reported to the Title IX Coordinator as soon as practicable after the potential conflict or bias is discovered.  If the Title IX Coordinator determines that the objection is reasonable, the Investigator will be replaced with a conflict/bias-free alternative Investigator.

If the objection as to a conflict or bias is made with respect to a Hearing Decisionmaker or Appellate Decisionmaker, such objection must be reported to the Title IX Coordinator before the scheduled hearing or appeal decision. If the Title IX Coordinator determines that the objection is reasonable, the challenged person will be replaced with a conflict/bias-free alternative Hearing Decisionmaker or Appellate Decisionmaker.

The decision of the Title IX Coordinator or Title IX Assistant Coordinator (in objections to the Title IX Coordinator), regarding an objection, will be final.

Knowledge of or acquaintance with the Complainant, Respondent, or witnesses in a matter; awareness of a matter; participation as a consequence of one’s official role in events surrounding a matter; and/or participation in the investigation process prior to the formal disciplinary process does not automatically result in the finding of a disqualifying conflict; however, such factors may be considered in determining whether a conflict exists.

The mere fact that a certain number of findings under these Procedures result in determinations of responsibility, or non-responsibility, does not necessarily indicate or imply bias on the part of Title IX personnel.

Actual Knowledge: notice of sexual harassment allegations to the Title IX Coordinator or any Official with Authority, except that actual knowledge is not met when the only individual with actual knowledge is the Respondent

Business Day:  any weekday not designated by the College as a holiday or administrative closure day. When calculating a time period of business days specified in these Procedures, the business day of the event that triggers a time period is excluded

Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment

Confidential Employee: an individual identified by the institution who will not report any information about an incident to the Title IX Coordinator without the Complainant’s permission.

Consent: must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether or not a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

Disciplinary Sanctions: consequences imposed on a Respondent following a determination under Title IX that the Respondent violated the College’s prohibition on sexual harassment

Education Program or Activity: locations, events, or circumstances over which the College exercises substantial control over both the Respondent and the context in which the sexual harassment occurs;  includes conduct that occurs on College property, during any College activity, or in any building owned or controlled by the College or by a student organization that is officially recognized by the College

Formal Complaint: a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the allegation of sexual harassment

Incapacitation: An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, intoxication, or any other state where the individual is unaware that sexual contact is occurring or is otherwise unable to give informed and voluntary consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Example: A person who is taking pain medication and falls asleep under the influence of the medication can be incapacitated and not be able to give consent to sexual contact.

Official with Authority: an individual who has the authority to institute corrective measures and is required to report sexual harassment to the Title IX Coordinator to initiate the College’s response to the sexual harassment allegations. The College’s Officials with Authority include the following positions at the College: Title IX Coordinator and Assistant Title IX Coordinator(s); President of the College, and all Vice Presidents/Deans.

Party: a Complainant or Respondent

Relevant: related to the allegations of sexual harassment under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sexual harassment occurred, and evidence is relevant when it may aid a Hearing Decisionmaker or Appellate Decisionmaker in determining whether the alleged sexual harassment occurred

Remedies: measures designed to restore or preserve equal access to the College’s education program or activity; remedies may include, but are not limited to, the same individualized services as supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent

Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment

Responsible Reporting Official: any individual who is employed by the College and not deemed to be a Confidential Employee or Official with Authority. Responsible Reporting Officials are mandated by the College to report sexual harassment to the Title IX Coordinator promptly upon receiving a report of sexual harassment.

Retaliation: intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or these Procedures.

• Nothing in this definition precludes a College from requiring an employee or other person authorized by a College to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.

Student: a person who has gained admission

Supportive Measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

• Such measures are designed to restore or preserve equal access to the College’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment.
• Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Under Title IX, Prohibited Conduct includes sexual harassment, sexual assault, dating violence, domestic violence, and stalking as defined below.

To the extent that federal or state laws addressing conduct that could be deemed Prohibited Conduct are created or amended, engaging in such conduct shall be considered a violation of these Procedures even if the definitions below have not been updated to reflect the most recent additions to or changes in law.

Sexual Harassment: conduct on the basis of sex that satisfies one or more of the following:

• An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (quid pro quo sexual harassment);

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or

• activity (hostile environment sexual harassment). A severe, pervasive, and objectively offensive assessment includes, but is not limited to, a consideration of the following:
  • the frequency of the offensive conduct;
  • the nature of the unwelcome sexual act or words, such as whether the harassment was physical, verbal or both;
  • Whether the harassment was an offensive utterance, and;
  • the number of victims involved and the relationship between the parties, including, but not limited to, the ages of the harasser and the victim; and
  • In evaluating whether conduct is severe, pervasive, and objectively offensive, the College will look at the totality of the circumstances, expectations, and relationships.

Sexual Assault: an offense classified as a forcible or nonforcible sex offense under the Uniform Crime Reporting System and the Summary Reporting System User Manual of the Federal Bureau of Investigation, as used in the Clery Act:

• Sex Offenses: Any sexual act directed against another person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent.
• Nonconsensual sexual intercourse (Rape): The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
• Nonconsensual sexual contact (Fondling): The touching of the private body parts (breasts, buttocks, groin) of another person for the purpose of sexual gratification without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence: violence committed by a person:

• who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
• where the existence of such a relationship shall be determined based on a consideration of the following factors:
  • The length of the relationship,
  • The type of relationship,
  • The frequency of interaction between the persons involved in the relationship.
• Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence: felony or misdemeanor crimes of violence committed by a person who:

• Is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the Complainant,
• shares a child in common with the Complainant,
• is cohabitating with or has cohabited with the victim as a spouse or intimate partner,
• commits acts against a youth or young adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction

Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

• fear for the person’s safety or the safety of others; or
• suffer substantial emotional distress.

Course of Conduct: two or more acts, including, but not limited to, acts in which the individual directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Reasonable Person: a reasonable person under similar circumstances and with similar identities to the Complainant.

Substantial Emotional Distress: significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

A report of sexual harassment can be made to the persons below in person (during business hours) or by mail, telephone, or email using the contact information found under the section titled “Title IX Coordinator”, including during non-business hours. A report of sexual harassment can also be made by completing the online reporting form at
Appendix C – Complaint Form.

• Reporting to the Title IX Coordinator: Reports of sexual harassment may be made to the Title IX Coordinator in any of the following ways, by anyone, at any time: email, phone, online form, or mail. Reports may be made to the Title IX Coordinator in person on the Dothan Campus in Grimsley Hall, Advising Center, Office 149, or on the Sparks Campus, in the office of the Dean of Student Success, Administrative Building. After an incident of sexual harassment has been reported to the Title IX Coordinator, the Title IX Coordinator will promptly offer supportive measures to the Complainant, regardless of whether the Complainant was the reporter of the Sexual Harassment.
• Reporting to Officials with Authority: If Officials with Authority are notified of sexual harassment, they shall promptly report such sexual harassment to the Title IX Coordinator, who will take immediate action under this Procedure. The College’s Officials with Authority include the following positions at the College: Title IX Coordinator and Assistant Title IX Coordinator(s); President of the College, and all Vice Presidents/Deans.
• Reporting to Responsible Reporting Officials: College employees who are not Confidential Employees or Officials with Authority are mandated by the College to report alleged sexual harassment to the Title IX Coordinator promptly upon receiving a report of sexual harassment.
• Reporting to Confidential Employees: Reports of sexual harassment made to Confidential Employees are considered confidential reports and will not be reported to the Title IX Coordinator without the Complainant’s permission and will not constitute actual notice to the College. The College’s Confidential Employees include the following positions at the College: Director of Advising and Counseling Services.
• Anonymous Reporting: Anonymous reports may be made by telephone, in writing, or electronically to the Title IX Coordinator. A decision to remain anonymous, however, may greatly limit the College’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Procedure.
• Reporting to Local Law Enforcement: Reports of sexual harassment may be filed with local law enforcement agencies. The Title IX Coordinator can assist with contacting law enforcement agencies. Law enforcement investigations are separate and distinct from the College’s investigations.
• Mandatory Reporting under Alabama Law: Alabama law imposes a mandatory duty on all College employees to immediately report all incidences of known or suspected child abuse. Such reports must be made to the College’s Safety & Security Department. The College also encourages students, volunteers, and representatives (as well as third-party vendors and their employees, representatives, or volunteers that contract for use of College facilities with responsibilities that involve interaction with children) to report (verbally and in writing) known or suspected child abuse to the College’s Safety & Security Department. Sexual abuse is one element of the more comprehensive term “abuse” under Alabama law. For child protection purposes, a child is any person under 18 years of age or any individual under 19 years of age who is in need of protective services and does not qualify for adult protective services under Chapter 9 of Title 38 in Alabama Law. A freshman student, a “dual-enrolled” high school student, or a summer camp participant, among others, may fall into the category of a “child.”
• Consolidation of Complaints: The College may consolidate complaints of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of sexual harassment arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable.
  • The College will not consolidate complaints if consolidation would violate the Family Educational Rights and Privacy Act (FERPA). Consolidation would not violate FERPA when the College obtains prior written consent from parties to the disclosure of their educational records.
• Amnesty for Students: The College strongly encourages students to report incidents violating the policy related to discrimination, harassment, sexual harassment, and related inappropriate conduct. The College’s primary concern is the safety of the members of the college community, and it encourages behavior that demonstrates care and concern for members of the community. Accordingly, the College reserves the right to provide a reprieve from disciplinary actions for Complainants and other individuals who exhibit responsible and proactive behavior in reporting sexual harassment or other prohibited conduct or for students acting as a witness during the formal grievance procedures. The College may provide referrals to counseling and may require educational options, rather than disciplinary sanctions, in such cases.

Students and employees who are victims of crime, including rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking, are encouraged by the College to report, but do have the option not to report the incident to campus law enforcement or local law enforcement. In those cases, the victim may still seek assistance confidentially from Crisis Services in the Wiregrass area or any other victim service agency of their choosing.

Community Sources:

Local Law Enforcement Officials

• Dale County Sheriff’s Department…………… (334) 774-2335
• Dothan Police Department……………………… (334) 615-3601
• Eufaula Police Department…………………….. (334) 687-1200

Medical Facilities

• Dale Medical Center, Ozark, AL…………….. (334) 774-2601
• Flowers Hospital, Dothan, AL………………… (334) 793-5000
• Medical Center Barbour, Eufaula, AL……… (334) 688-7000
• Medical Center Enterprise, Enterprise, AL.. (334) 347-0584
• Southeast Health, Dothan, AL………………… (334) 793-8111

Crisis Assistance

• House of Ruth Crisis Line……………………… (800) 650-6522
• SpectraCare Crisis Care…………………………. (800) 951-4357

Supportive measures may vary depending on what the College deems to be reasonably available. These measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment. Complainants are eligible for supportive measures at the time their identity is known to the Title IX Coordinator. Respondents are eligible for supportive measures at the time that notice of an alleged complaint has been given.

Supportive measures cannot unreasonably burden either party and must be designed to protect the safety of the parties or the College’s educational environment, or to provide support during the College’s grievance procedures or

during the informal resolution process. The College will not impose such measures for punitive or disciplinary reasons.

The College may, as appropriate, modify or terminate supportive measures at the conclusion of the grievance procedures or at the conclusion of the informal resolution process, or the College may continue them beyond that point.

The College will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party’s access to the education program or activity.

If the party is a student with disabilities, The Title IX Coordinator may consult, as appropriate, with the individual or office that the College has designated to provide support to students with disabilities to determine how to comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, in the implementation of supportive measures.

The College may remove a Respondent from the College’s education program or activity on an emergency basis, provided that the College undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health and safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision to the Title IX Coordinator in writing within three (3) business days following the removal.

The College may place a non-student employee Respondent on administrative leave from employment responsibilities during the pendency of the College’s grievance procedures.

Any challenges to an emergency removal should be sent to the Title IX Coordinator in writing within three (3) business days of the notification to the Respondent of the emergency removal. The Respondent should state the reasons for the challenge and any supporting documentation The Title IX Coordinator will render a decision within five (5) business days and will notify both parties in writing of the decision. The Dean, Student Success and Sparks Campus will notify both parties in writing of the decision.

Initial Evaluation: When a report has been made, the Title IX Coordinator will contact the Complainant for an initial discussion to provide information of their rights and options, availability of supportive measures, consideration of the Complainant’s wishes with respect to supportive measures, explanation of the policy and grievance procedures, and the process for filing a Formal Complaint.

During the initial discussion with the Complainant, the Title IX Coordinator will gather facts that will enable the Title IX Coordinator to evaluate the allegations and make a determination on whether to dismiss the complaint or investigate the complaint. A Formal Complaint must contain an allegation of sexual harassment against a Respondent, a request for the College to investigate the allegation, and be signed by the Complainant or the Title IX Coordinator. A Complainant may only file a formal complaint if the Complainant is participating or attempting to participate in the College’s education program or activity.

In limited circumstances, if a Complainant does not sign a Formal Complaint, the Title IX Coordinator may sign a Formal Complaint. To make a fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors:

• the Complainant’s request not to proceed with initiation of a complaint;
• the Complainant’s reasonable safety concerns regarding initiation of a complaint;
• The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
• The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
• The age and relationship of the parties, including whether the Respondent is an employee of the College;
• The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
• The availability of evidence to assist in a Decisionmaker in determining whether sex discrimination occurred; and
• Whether the College could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.

Mandatory Complaint Dismissals

The Title IX Coordinator will dismiss a Formal Complaint for purposes of sexual harassment if:

• The conduct alleged in the Formal Complaint would not constitute sexual harassment as defined in these Procedures, even if proved;
• The conduct alleged did not occur in the College’s education program or activity; or
• The conduct alleged in the Formal Complaint did not occur against a person in the United States.

Permissive Complaint Dismissals

The Title IX Coordinator may dismiss a Formal Complaint or any allegation within the Formal Complaint, if at any time during the investigation or hearing:

• A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations in the Formal Complaint;
• The Respondent is no longer enrolled in the College; or
• Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations within the Formal Complaint.

Upon dismissal, the Title IX Coordinator will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the Title IX Coordinator will notify the parties simultaneously in writing.

The Title IX Coordinator will notify the Complainant that a dismissal may be appealed on the basis outlined in Section M of these Procedures. If dismissal occurs after the Respondent has been notified of the allegations, then the Title IX Coordinator will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, the College will follow the procedures outlined in Section M of these Procedures.

When a complaint is dismissed, the College will, at a minimum:

• Offer supportive measures to the Complainant as appropriate;
• If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sexual harassment does not continue or recur within the College’s education program or activity.

The College will treat Complainants and Respondents equitably.

The College presumes that the Respondent is not responsible for the alleged sex-based harassment until a determination is made at the conclusion of its grievance procedures.

It is the goal of the College to complete investigations in a prompt timeframe. Any timeframes or deadlines may be extended when necessary to ensure the integrity and completeness of the investigation, comply with a request by external law enforcement, accommodate the availability of parties and/or witnesses, account for College breaks or vacations, and the complexity of the investigation or severity and extent of the alleged conduct. The Title IX Coordinator will notify both parties in writing of any College delays.

If a Complainant or Respondent shall request a delay in the investigation or extension of any timeframes, the party must notify the Title IX Coordinator in writing as soon as practicable, stating the requested new timeframe and reason for the delay or extension. The Title IX Coordinator will notify the party in writing of the denial or both parties in writing of the approval within three (3) business days of notification of the request. Any delays or extensions will apply equally to both parties.

All requests will be on a case-by-case basis for good cause.

Parties have the opportunity to be accompanied to any meeting or proceeding by one (1) Advisor of their choice, who may be, but is not required to be, an attorney.

• The College will not limit the choice or presence of the Advisor for the Complainant or Respondent in any meeting or proceeding. Both parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available. However, the College has the right to remove any Advisor who does not adhere to the College’s policies and procedures.
• The College cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to advise that party.
• If a party requests that all communication be made through their attorney Advisor instead of to the party, the College will agree to copy both the party and their Advisor on all communications.
• Advisors should help the parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak for the party unless given specific permission to do so.
• The parties are expected to ask and respond to questions on their own behalf throughout the grievance process. Although the Advisor generally may not speak for the party, the Advisor may consult with the party, either privately as needed, or by conferring or passing notes during any meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

Parties have the opportunity to have one (1) support person of their choice, a person other than the Advisor, present during any meeting or proceeding.

Written Notice of Allegations

Upon receipt of a Formal Complaint, the Title IX Coordinator will notify the parties in writing of the following, with sufficient time for the parties to prepare a response before any initial interview:

• Notice of the party’s rights and options
• Notice of the College’s grievance process
• Notice of the College’s informal resolution process and options
• Notice of the allegations of sexual harassment, including: the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the incident, if known
• Notice that the Respondent is presumed not responsible of the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process
• Notice that the parties may have an Advisor of their choice, who may be, but is not required to be, an attorney, and that the Advisor may inspect and review evidence
• Notice of the College’s Student Code of Conduct provision that prohibits knowingly making false statements or knowingly submitting false information during the grievance process

If, in the course of an investigation, the College decides to investigate additional allegations of sexual harassment by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated complaint, the Title IX Coordinator will provide written notice of the additional allegations to the parties.

Investigation

The College will conduct an investigation following a Formal Complaint and Notice of Allegations. The Title IX Coordinator will assign an Investigator(s) to conduct the investigation. During all meetings and interviews, the parties may be accompanied by an Advisor of their choice, which can be, but is not required to be an attorney. During the investigation stage of the grievance process, the Advisor’s role is limited to assisting, advising, and/ or supporting a Complainant or Respondent. An Advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent during the investigation phase of the grievance process.

Each party will be provided an equal opportunity to provide information to the Investigator and present witnesses for the Investigator to interview. The information provided by the parties can include inculpatory and exculpatory evidence. The witnesses can include both fact witnesses and expert witnesses.

Each party will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence upon which the College does not intend to rely upon in reaching a determination regarding responsibility. This review includes inculpatory and exculpatory evidence that is obtained by a party, witness, or other source. Each party and their Advisor (if any) will be provided an electronic copy of the evidence for inspection and review. The parties will have ten (10) business days to review and submit a written response to the Investigator. The Investigator will consider the written responses prior to completing an investigative report.  All evidence provided during the inspection and review phase will be available at any hearing for the parties to use during the hearing, including for purposes of cross-examination.

Following the opportunity to inspect and review evidence directly related to the allegations raised in the Formal Complaint, the Investigator will create an investigative report that fairly summarizes relevant evidence obtained during the investigation.

At least ten (10) business days prior to a hearing, the Investigator will provide each party and the party’s Advisor (if any) an electronic copy of the investigative report that includes the parties’ review and written response, if any.

After the investigation, the College will provide for a live hearing for all Formal Complaints of sexual harassment that have not been dismissed or resolved by informal resolution. At the request of either party, or at the discretion of the Title IX Coordinator, the College will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Hearing Decisionmaker and parties to simultaneously see and hear the other party or witness answering questions.

The Hearing Decisionmaker(s) will be appointed by the College and will not be the Title IX Coordinator or Investigator. The Hearing Decisionmaker(s) will be trained, impartial, and without a conflict of interest. The Hearing Decisionmaker(s) may be a panel of three (3) College employees with one panel member serving as a chairperson, or a single Hearing Decisionmaker, or an external individual designated by the College.

Either party may challenge the appointment of a Hearing Decisionmaker, based on conflict of interest or bias, in writing to the Title IX Coordinator, no less than five (5) business days prior to the scheduled hearing.

The College will create an audio or audiovisual recording of all live hearings and make the recording available to the parties for inspection or review.

The Title IX Coordinator will serve as the hearing process facilitator to coordinate the hearing, including, but not limited to, coordination and scheduling of the hearing; the logistics of physical or virtual rooms for parties and/or witnesses, including separation of the parties; ensuring all technology is working appropriately; ensuring the parties have access to electronic documents during the hearing; distributing materials; etc.  The Title IX Coordinator may invite the parties and their advisors, separately, to a meeting prior to the hearing to review the hearing process for the purpose of ensuring a smooth hearing.  This meeting is separate from the pre-hearing conference discussed below.

Participants at the hearing include the Hearing Decisionmaker(s), the Investigator(s) who conducted the investigation, the parties, advisors to the parties, witnesses, and anyone providing authorized accommodations.  In addition, the Title IX Coordinator, serving as the hearing facilitator, is present.  Any witnesses scheduled to participate in the hearing must have been first interviewed by the Investigator(s) or have provided a written statement or answered questions from the Investigator in writing.

Advisor’s Role at the Hearing

Each party must have an Advisor present at the hearing. The Advisor’s role is limited to supporting, advising, and assisting the party during the hearing and conducting questioning (cross-examination) of participants. Advisors are required to follow the rules of decorum enforced by the Hearing Decisionmaker(s). Failure to follow the rules of decorum by an Advisor may result in the removal of an Advisor from the hearing. If a party does not have an Advisor present at the live hearing, the College will appoint the party with an Advisor without fee or charge.

Pre-Hearing Conference

The Hearing Decisionmaker(s) may hold a pre-hearing conference. In order to streamline the hearing process, the Hearing Decisionmaker(s) may request the submission of questions prior to the hearing through electronic submission and/or a pre-hearing conference. During the pre-hearing conference, parties and their advisors will be asked to submit, in writing, any questions they wish to ask during the live hearing so that the Hearing Decisionmaker(s) can be prepared to respond to relevancy at the hearing. The Hearing Decisionmaker(s) may allow for the pre-hearing submission of questions regardless of whether a pre-hearing conference occurs.

This conference does not preclude an Advisor from asking additional questions live during the hearing.

At the pre-hearing conference, the Hearing Decisionmaker(s) may also hear arguments regarding the relevance of the evidence identified in the investigation report as relevant or not relevant, and/or directly related to the allegations.

Hearing Process

The hearing process will proceed as follows:

• Notice of Hearing: After the investigative report has been completed and at least ten (10) business days prior to the date set for the hearing, the parties and their advisors (if any) will be provided with a Notice of the Hearing. The Notice will include the date, time, location, name of the Hearing Decisionmaker(s), names of all participants in the hearing, and the location (virtual or in person) of the hearing.
• Opening Statement: Each party will have the opportunity to present an opening statement, no more than five (5) minutes, to the Hearing Decisionmaker(s).
• Review of Hearing Procedures, Formal Complaint, and Notice of Allegations by Hearing Decisionmaker(s).
• Questioning of Parties and Witnesses: The College will provide a process that enables the Hearing Decisionmaker(s) to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sexual harassment.

The Hearing Decisionmaker(s) will ask initial questions of the participants at the hearing.

After the Hearing Decisionmaker(s) ask questions of a participant, each party’s Advisor will be permitted to ask relevant questions and follow-up questions orally, directly, and in real time to the participant. The parties are never permitted to ask questions of participants directly. The questioning of participants by Advisors will be conducted in the following manner:

• a question is asked by an Advisor
• Before the participant answers the question, the Hearing Decisionmaker(s) determines whether the question is relevant
• If the question is determined to be relevant by the Hearing Decisionmaker(s), the participant answers the question
• If the question is determined not to be relevant by the Hearing Decisionmaker(s), the Hearing Decisionmaker(s) must explain the decision to exclude a question as not relevant.

Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Hearing Decisionmaker(s) will give a party an opportunity to clarify or revise a question that the Hearing Decisionmaker(s) determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked by the party’s Advisor.

Evidence and Questions Excluded

Sexual Predisposition or Prior Sexual Behavior of the Complainant: Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Privileged Information: No person will be required to disclose information protected under a legally recognized privilege. The Hearing Decisionmaker(s) must not allow into evidence or rely upon any questions or evidence that may require or seek disclosure of such information, unless the person holding the privilege has waived the privilege. This includes information protected by the attorney-client privilege.

Medical Records: Evidence or records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, are not permitted to be used during a hearing unless the party provides voluntary, written permission to do so for the grievance process within these Procedures.

The Hearing Decisionmaker(s) may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Hearing Decisionmaker(s), however, will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Closing Statements: Each party will have the opportunity to present a closing statement, no more than five (5) minutes, to the Hearing Decisionmaker(s).

Determination Whether Sexual Harassment Occurred

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the Hearing Decisionmaker(s) will deliberate in private and will:

• Use the preponderance of the evidence standard of proof to determine whether sexual harassment occurred. This means that the Hearing Decisionmaker(s) will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s). The standard of proof requires the Hearing Decisionmaker(s) to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Hearing Decisionmaker(s) is not persuaded under the applicable standard by the evidence that sexual harassment occurred, whatever the quantity of the evidence is, the Hearing Decisionmaker(s) will not determine that sexual harassment occurred.

 

• Notify the parties simultaneously in writing of the determination whether sexual harassment occurred under Title IX, including:
• Identification of the allegations potentially constituting sexual harassment;
• A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
• Findings of fact supporting the determination;
• Conclusions regarding the application of the Procedure to the facts;
• A statement of, and rationale for, the result of each allegation, including a determination regarding responsibility, any disciplinary sanctions that the College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the Complainant; and
• The procedures and permissible bases for the Complainant and Respondent to appeal.

The Hearing Decisionmaker(s) will send the written notification of the hearing outcome to both parties within fourteen (14) business days of the conclusion of the hearing.

The College will not impose disciplinary sanctions on a Respondent for sexual harassment prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited sexual harassment.

If there is a determination that sexual harassment occurred, as appropriate, the Title IX Coordinator will:

• Coordinate the provision and implementation of remedies to a Complainant and other people the College identifies as having had equal access to the College’s education program or activity limited or denied by sexual harassment;
• Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
• Take other appropriate prompt and effective steps to ensure that sexual harassment does not continue or recur within the College’s education program or activity.

The College shall not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sexual harassment occurred.

 

Sanctions

Factors considered by the Hearing Decisionmaker(s) when determining sanctions and responsive actions may include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
• The impact on the parties
• Any other information deemed relevant by the Hearing Decisionmaker(s)

 

The sanctions will be implemented upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

Student Sanctions

The following are the common sanctions that may be imposed upon students singly or in combination:

• Reprimand
• Required Counseling
• Probation
• Suspension
• Expulsion
• Withholding Diploma
• Revocation of Degree
• Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate.

Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an employee who has engaged in sex-based harassment include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination

Other Actions: In addition to or in place of the above sanctions/responsive actions, the College may assign any other responsive actions as deemed appropriate.

The College will offer an appeal from a dismissal of a Formal Complaint or a determination of whether sexual harassment occurred on the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, Investigator, or Hearing Decisionmaker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or
• Sanctions were disproportionate to the policy violation(s).

If either party wishes to appeal a dismissal of a Formal Complaint or a determination of whether sexual harassment occurred, the party must submit an appeal in writing to the Title IX Coordinator within three (3) business days of receiving written notification of the hearing determination. The party requesting the appeal should state the basis for the appeal and any supporting documentation.

If a party appeals a dismissal of a Formal Complaint or a determination whether sexual harassment occurred, the Title IX Coordinator will:

• Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the Appellate Decisionmaker for the appeal is not the same person as the Hearing Decisionmaker(s) that reached the determination regarding responsibility or dismissal of the Formal Complaint, the Investigator, or the Title IX Coordinator;
• Ensure that the Appellate Decisionmaker for the appeal has been trained consistent with the Title IX regulations;
• Provide the non-appealing party with five (5) business days from receipt of the notification of appeal to submit a written statement in support of the outcome of the determination whether sexual harassment occurred or dismissal of the Formal Complaint;

The written determination on responsibility and sanctions, if applicable, is postponed until the decision on the appeal is sent to the parties. Supportive measures will remain in place during the appeal period.

The Appellate Decisionmaker will issue a written decision describing the result of the appeal and the rationale for the result which can be one of the following: (1) affirm the determination of the Hearing Decisionmaker(s) and affirm the disciplinary sanctions and remedies, if applicable (2) affirm the determination of the Hearing Decisionmaker(s) regarding the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable (3) remand the process back to the hearing stage for the Hearing Decisionmaker(s) to remedy any procedural irregularity or consider any new evidence (4) reverse the Hearing Decisionmaker(s)’ determination of the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable or (5) affirm or amend the sanctions and/or remedies outlined in the determination

The Appellate Decisionmaker will notify both parties in writing of their decision within fourteen (14) business days of receipt of the appeal.

The determination regarding responsibility becomes final on the date that the College provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

At the conclusion of the appeals process, employee Respondents will receive all rights, if applicable and if any, which are granted by either their contract or the Alabama Students First Act in the event any disciplinary sanction is proposed.

In lieu of resolving a complaint through the College’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. Informal resolution does not involve an investigation, adjudication hearing, or disciplinary action against a Respondent and is not appropriate for all forms of conduct under these Procedures. Informal resolution is not an option for sexual harassment incidents involving a student Complainant and an employee Respondent. Both parties must voluntarily agree in writing to participate in the informal resolution process.

The Title IX Coordinator will inform the parties in writing of the informal resolution process it offers. The College will not offer an informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the initiation of an informal resolution process, the Title IX Coordinator will explain in writing to the parties:

• The allegations;
• The requirements of the informal resolution process;
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
• What information the College will maintain and whether and how the College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

Informal resolution will be facilitated by Informal Resolution Facilitators. The time frame for completion of informal resolution may vary, but the College will seek to complete the process within a prompt timeframe.

The College retains the discretion to determine which cases are appropriate for informal resolution. The College may gather information necessary through interviewing individuals and other evidence gathering to determine if the case is appropriate for informal resolution. Factors the College will consider when determining whether a report of Prohibited Conduct is suitable for informal resolution include, but are not limited to, the following:

• The nature of the alleged offense;
• The dynamics of power or control commonly associated with the alleged offense and/or with the parties involved;
• The Respondent’s prior known conduct;
• Whether there would be a continuing safety threat to the campus community after resolution of the specific report of Prohibited Conduct;
• Whether multiple parties are involved;
• Whether the resolution proposed is designed to eliminate, prevent, and address the reported Prohibited Conduct; and
• Any other factor deemed relevant by the Title IX Coordinator in the interest of overall campus safety or safety of the parties involved.

Informal resolution may result in the following remedies: establishing supportive measures; conducting targeted or broad-based educational programming or training for relevant individuals or groups; providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions; and any other remedy that can be tailored to the involved individuals to achieve the goals of these Procedures.

Informal resolution may also include restorative principles that are designed to allow a Respondent to accept responsibility for misconduct and acknowledge harm to the Complainant or to the College community. Informal resolution may also include mediation.

Participation in informal resolution is a choice, and either party can request to end this manner of resolution and pursue an investigation at any time, including if informal resolution is unsuccessful at resolving the report. Similarly, a Complainant may request to end an investigation and pursue informal resolution at any time if the Respondent also consents to informal resolution. In addition, either party may request supportive measures regardless of whether any particular course of action is sought.

The College may also decide to proceed with a formal investigation and withdraw its approval for the informal resolution at any time during the process. If additional potential policy violations are revealed during the informal resolution process, the College may withdraw its approval for the process and proceed with a formal investigation, or the College, with the consent of the parties, may continue the informal resolution process and resolve the additional potential policy violations.

Information disclosed by any party during the informal resolution process will not be considered during a subsequent investigation or adjudication hearing.

Because the outcome of the informal resolution process is mutually developed and agreed upon by the parties, an appeal of the process and its result is not permitted.

The College will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

Neither the College nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or these Procedures or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.

Alleged acts of Retaliation will be referred to the Title IX Coordinator and may be investigated and resolved under the respective Student Code of Conduct or Employee Policy.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this Policy.

Charging an individual with a Student Code of Conduct/Employee Policy violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding does not constitute Retaliation prohibited under these Procedures.

Freedom of speech and principles of academic freedom are central to the mission of the College. Constitutionally protected expression cannot be considered sexual harassment under these Procedures. To establish a violation of Title IX, the harassment must be subjectively and objectively offensive and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.

The College will maintain all of the documentation related to reports of sex discrimination and sexual harassment, the grievance process, and the information resolution process for seven (7) years in accordance with state and federal records laws and requirements. The documentation of all records is private and confidential to the extent possible under law. Student records of the grievance process are disciplinary records under the Family Education Rights and Privacy Act (FERPA). Employee records of the grievance process are subject to the Freedom of Information Act (FOIA) and applicable state laws and included in the employee’s official employment record.