The College established the following steps to resolve reports of student misconduct/violence. The process includes, but is not limited to the following:
• The Title IX Coordinator and/or the Dean of Student Services will investigate and resolve or make recommendations (to the Vice President for Instruction & Student Services) for resolving the complaint.
• Both parties shall have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure.
• The College will utilize the preponderance of the evidence standard to come to a resolution.
• If the charges are substantiated, the College may apply appropriate disciplinary and corrective action up to and including the suspension or expulsion of the respondent.
• Within 7 days of a decision, both parties will receive simultaneous, written notification of the results of the complaint resolution procedure, including information related to appeal rights.
Retaliation is Strictly Prohibited
The initiation of a complaint of sexual misconduct will not result in retaliation, bias, or intimidation against the complainant or any witnesses involved in any investigation. An individual found to have engaged in retaliation, bias, or intimidation prohibited by this policy, shall be subject to discipline according to the DACC Student Code of Conduct or the DACC Board of Trustees Policies & Procedures.
Sanctions for Sexual Misconduct
The College may apply a range of sanctions depending on the sexual misconduct reported and the circumstances found. Sanctions will range from educational training sessions on personal conduct topics to suspension from the College. Please note, the College may impart collective punishments for sexual misconduct by sports team member or other student groups if the conduct occurs collusively.
The Right to Appeal
Both the complainant and respondent have the right to appeal the findings and/or sanction(s) in accordance with the DACC appeals process. Appeals must be made to the President within seven (7) days of the decision. The appeal shall be limited to a review of the investigation reports and the resolution. Grounds for appeal include 1) a procedural error occurred; 2) new information exists that would substantially change the outcome of the finding; or 3) the sanction is disproportionate with the violation. The decision of the President is final.
The President, in this role, will not have participated previously in the complaint resolution process and shall not have a conflict of interest with either party. The complainant and the respondent will receive the appeal decision in writing within 7 days after the conclusion of the review of the findings/sanctions or sooner if required by federal or State law.