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7.500 Sexual Harassment


Policy Number: 7.500 

Subject: Sexual Discrimination, Sexual Harassment, and Sexual Misconduct

Date Adopted: January 1, 1991, Revised March 25, 1992, Revised October 25, 1995, Revised September 24, 2014

POLICY STATEMENT     

No person at National Park Community College will, on the basis of sex, be excluded from participation in, be denied benefit of, or be subjected to sex discrimination, sexual harassment or sexual misconduct under any education program or activity.

INTRODUCTION

Members of the college community, guests and visitors have the right to be free from sexual discrimination, harassment or violence, which means that all members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. National Park Community College believes in a zero tolerance policy for gender-based misconduct. When an allegation of misconduct is brought to a responsible administrator's attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. These procedures have been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. The policy and procedures are intended to define community expectations and establish a mechanism for determining when those expectations have been violated.

JURISDICTION

Title IX protects the college community from sexual harassment in a school's education programs and activities. This means that Title IX protects the college community in connection with all academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school's facilities, in college transportation, at a class or training program sponsored by the school at another location, or elsewhere.

DEFINITION OF TERMS

Complainant: Any party who makes a complaint/grievance against another student, employee, staff member or campus visitor.

Respondent: The person(s) against whom a complaint has been made.

Definition of Status: A full-time employee will be considered as an employee, regardless of student status. A student who is a part-time employee will be considered a student unless the incident under consideration occurred in connection with employment.

Discrimination (general definition): Actions that deprive members of the community of educational or employment access, benefits or opportunities. Any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual's actual or perceived gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation that is so severe, persistent or pervasive that it unreasonably interferes with or limits a person's ability to participate in or benefit from the college's educational programs or activities. There can be no discrimination related to pregnancy, child birth, false pregnancy, termination of pregnancy or recovery.

Discriminatory Harassment:   Detrimental action based on an individual's actual or perceived gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status that is so severe, persistent or pervasive that it unreasonably interferes with or limits a person's ability to participate in or benefit from the college's educational programs or activities.

Sexual Harassment: Sexual Harassment is unwelcome, gender-based spoken, written or symbolic action or physical conduct that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, limiting or denying someone the ability to participate in or benefit from the college's educational programs. The unwelcome behavior may be based on power differentials, the creation of a hostile environment or retaliation. Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwanted sexual attention; to punish a refusal to comply; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence; stalking; and gender-based bullying.

Not all workplace or educational conduct that may be described as "harassment" affects the terms, conditions or privileges of employment or education. For example, a mere utterance of an ethnic, gender-based or racial epithet which creates offensive feelings in an employee or student would not normally affect the terms and conditions of their employment or education.

Hostile Environment: Any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim's) and an objective (reasonable person's) viewpoint.

Quid pro Quo Sexual Harassment: Exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature and submission to or rejection of such conduct results in adverse educational or employment action.

Retaliatory Harassment: Any adverse employment or educational action taken against a person because of the person's participation in a complaint or investigation of discrimination or sexual misconduct. Intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a complaint/grievance procedure.

Sexual Harassment of a Student by Another Student: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a student toward another student that is so severe, persistent or pervasive that it unreasonably interferes with or limits a student's ability to participate in or benefit from the college's educational programs or activities. For example, a student repeatedly asks another student out on dates, even though he/she has turned down the invitation numerous times. It is harassment to repeatedly subject a person to egregious, unwelcome sexual attention.

Sexual Harassment of a Faculty/Staff Member by a Student or Another Employee: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed toward a faculty/staff member that is so severe, persistent or pervasive that it unreasonably interferes with employment or living conditions or deprives the individual of employment access or benefits. For example, a student appears at a faculty member's house uninvited. It is harassment to repeatedly subject a person to egregious, unwelcome sexual attention.

Sexual Harassment of a Student by a Faculty/Staff Member/Campus Visitor: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a faculty, staff member or campus visitor toward a student are held to constitute sexual harassment when:

  • Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating an individual's educational development or performance; or
  • Such conduct is so severe, persistent or pervasive that it unreasonably interferes with or limits a student's ability to participate in or benefit from the college's educational programs or activities.

While a particular interaction must be offensive to both a reasonable person and to the victim to be defined as harassment, faculty or staff members and other persons of authority should be sensitive to questions about mutuality of consent that may be raised and to the conflict of interests that are inherent in personal relationships that result from professional and educational interactions.

Harassment is particularly damaging when it exploits the educational dependence and trust between students and faculty/staff. When the authority and power inherent in faculty/staff relationships with students, whether overtly, implicitly, or through misinterpretation, is abused in any way, there is potentially great damage to the individual student, to the accused individual, and to the climate of the institution. For example, a professor attempts to coerce an unwilling student into having sex with him/her in exchange for a good grade or some other benefit. This is harassment regardless of whether the student accedes to the request and regardless of the student's final grade.

Non-Consensual Sexual Contact: Non-consensual sexual contact is any intentional sexual touching, however slight, with any object by a man or a woman upon a man or a woman that is without consent and/or by force.

Sexual Contact includes:

•     Intentional contact with the breasts, buttock, groin, or genitals, or touching another with
any of these body parts, or making another touch you or themselves with or on any of these
body parts; any intentional bodily contact in a sexual manner, though not involving contact
with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Non-Consensual Sexual Intercourse: Non-consensual sexual intercourse is any sexual intercourse however slight, with any object by a man or woman upon a man or a woman that is without consent and/or by force.

Intercourse includes:

  • vaginal penetration by a penis, object, tongue or finger
  • anal penetration by a penis, object, tongue, or finger
  • oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact

Sexual Exploitation: Occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.

Examples of sexual exploitation include, but are not limited to:

  • invasion of sexual privacy;
  • prostituting another person;
  • non-consensual video or audio-taping of sexual activity;
  • going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • engaging in voyeurism;
  • knowingly transmitting an STI or HIV to another person; or
  • exposing one's genitals in non-consensual circumstances or inducing another to expose his or her genitals.

Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Consent : Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

  • In order to give effective consent, one must be at least sixteen years old.
  • Sexual activity with someone known to be mentally or physically incapacitated, or based on the circumstances, someone who could reasonably be known to be mentally or physically incapacitated, constitutes a violation of this policy.
  • Incapacitation is a state where someone cannot make rational, reasonable decisions because he/she lacks the capacity to give knowing consent (e.g., to understand the "who, what, when, where, why or how" of the sexual interaction). Alcohol or other drug use, unconsciousness or blackout is an example of incapacitation.
  • This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/
  • Use of alcohol or other drugs will never function as a defense to a violation of this policy.
  • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
  • Previous relationships or prior consent cannot imply consent to future sexual acts.

Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes overt threats, implied threats, intimidation and coercion that overcome resistance or produce consent.  For example: "Have sex with me or I'll hit you. Okay, don't hit me; I'll do what you want."

•     Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. NOTE: There is no requirement that a party resist the sexual advance or request but resistance is a clear demonstration of non-consent.

POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, or supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of policy.

The college does not wish to interfere with private choices regarding personal relationships when those relationships do not interfere with the goals and policies of the college. However, for the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student or employee) are prohibited except in extraordinary circumstances.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisors. This will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or will shift the student or employee out of being supervised or evaluated by someone with whom he/she has established a consensual relationship. Failure to self-report such relationships to a supervisor as required can result in disciplinary action for an employee.

CONFIDENTIALITY

Subject to the other provisions of this policy and the requirements of law, every possible effort will be made to ensure that any information received as part of the College's resolution and complaint procedures is treated discreetly. All parties to the complaint will be asked to assist in maintaining the privacy of the parties involved. Because of the college's obligation to investigate allegations of misconduct, it is not possible to guarantee that complaints will be handled confidentially.

Except as compelled by law, in the interest of fairness and problem resolution, disclosure of complaints and their substance and the results of investigations and complaint procedures will be limited to the immediate parties, witnesses and other appropriate administrative officials. Disclosure may also be necessary to conduct a full and impartial investigation.

COMPLAINT/GRIEVANCE PROCEDURE

These procedures are intended to apply to student grievances against employees, employee civil rights grievances against students, and student-on-student civil rights grievances. All other grievances by students against students or employees will be addressed through other student conduct procedures.

The college benefits from formal and informal procedures that encourage prompt resolution of complaints and concerns raised by members of the college community.

INFORMAL COMPLAINT RESOLUTION

Individuals who believe they have been subjected to sexual harassment may express their concerns verbally and/or in writing to the person responsible for the offense or for creating the undesirable environment.  However, individuals are not required to confront the person responsible for the offense.  If the individuals wish to pursue informal resolution of the situation, a report of the incident(s) and any written documentation of efforts to stop the harassment should be submitted to the Human Resources Coordinator within 10 days of the last offense.  In the event the prospective complainant prefers not to work with the Human Resources Coordinator, the prospective complainant will consult with the President who will designate an alternate person.

Upon receipt of an informal written complain of sexual harassment, the Human Resources Coordinator shall advise the President about the complaint as soon as possible.  The Human Resource Coordinator is empowered to notify the accused, investigate the charge, interview the parties involved, hear testimony and gather evidence.  The Human Resources coordinator may have a witness during the interview process.  The investigation shall be completed within 15 working days of receipt of the complaint, and the coordinator shall document all attempts at informal resolution including agreements and decisions between the parties involved.  Upon completion of the investigation, the Human Resources Coordinator is authorized to:

1.  Resolve the matter to the satisfaction of the College and both the complainant and the party accused of sexual harassment.  If an agreement is reached that is satisfactory to both parties and the College, a written statement shall indicate the agreement reached, shall be signed and dated by each party, and shall be attached to the report of the investigation.  At that time, the investigation and the record(s) thereof shall be closed.

2.  Find that the parties are unable to resolve the matter informally.  Written notice of such finding shall be given to each party involved.

3. Find that there is insufficient evidence to substantiate harassment charges and recommend no further actions.

4. Find that the evidence justifies recommending invoking the formal resolution process.

If the results of the findings in the informal process are unacceptable to either party, individuals may request formal resolution within 15 working days of receipt of the report of findings in the informal resolution process.

FORMAL COMPLAINT / GRIEVANCE PROCEDURES

Responsibility to Report

Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual harassment is strongly encouraged to report it. The college must know about incidents of sexual harassment in order to stop them, protect victims, and prevent future incidents.

It is the responsibility of college faculty, administrators, and supervisors to report complaints of sexual harassment that they receive and of possible sexual harassment of which they become aware. When there is a relationship that involves legally recognized professional confidentiality between the complainant and the person to whom the harassment is reported, the report may be withheld at the request of the complainant.

Notification

Students, faculty members, administrators, staff members, or visitors to the college are strongly encouraged to report allegations of discrimination or harassment to the Title IX Compliance Officer or his/ her Deputy. A report of sex discrimination or harassment should be made as soon as possible after the incident in order to facilitate an effective response. The longer a report is delayed, the more difficult it will be for the college to investigate. A person who raises a complaint may discuss with the Title IX Compliance Officer any situation believed to constitute sexual discrimination or harassment. Reports may be made by the person experiencing the discrimination or harassment or by a third party, such as a witness or someone who is told of the discrimination or harassment.

Upon receipt of the complaint/grievance, the Title IX Compliance Officer or Deputy will open a formal case file and notify the Chair of the Investigation and Hearing Board and at the appropriate time notify the respondent. The Title IX compliance officer and deputies are as follows:7

Title IX Compliance Officer               Title IX Deputy (Student Issues)          Title IX Deputy (Employee Issues)

John Tucker                                        Holly Garrett Miller                                  Janet Brewer

Director of Student Support Ser.        Director of Student Affairs                       Human Resources Director

Fisher Campus Center 2nd floor         Ish Stivers Building                                 Fisher Campus Center 3rd floor

(501) 760-4229                                    (501) 760-4364                                        (501) 760-4221

jtucker@npcc.edu                               hgarrett@npcc.edu                                jabrewer@npcc.edu

 

Investigation

  1. The Deputy will assign 1-3 members of the Investigation and Hearing Board to serve as the Investigative Team, who will conduct the investigation. The lead investigator will confer with the Title IX Compliance Officer or his or her Deputy on accommodations for the complainant or other necessary remedial short-term actions. The Title IX Compliance Officer or his/ her Deputy will apprise the Vice President for the appropriate division of the grievance, or if the grievance is against a student, the Vice President of Student Services.
  2. The Investigative Team will: 
    • Be staffed with trained faculty, staff, administrators, and other members of the campus community as appropriate.
    • Identify the correct policies allegedly violated; Conduct an immediate initial investigation to determine if there is reasonable cause to charge the respondent(s); or if there is insufficient evidence to support reasonable cause, the grievance should be closed with no further action;
    • Meet with the complainant to finalize the grievance;
    • Prepare the notice of charges on the basis of initial investigation;
    • Develop a strategic investigation plan which may include a witness list, an evidence list, an intended timeframe, and an order of interviews for all witnesses, including the respondent;
    • Conduct a thorough, reliable and impartial investigation. Witnesses may or may not be given notice prior to the interview.
    • Complete the investigation promptly, and without unreasonable deviation from the intended timeline.
    • Make a finding on the case, based on a preponderance of the evidence which indicates that it is more likely than not that a policy violation has or has not occurred; and
    • Prepare a complete report on the investigation and its findings to present to the Deputy.

3.   Following the investigation, the Deputy will distribute a written Letter of Determination to the
affected parties.

  • The individual (s) alleged to have committed discrimination or harassment may accept the findings; accept the findings in part and reject the findings in part; or reject all findings.
  • The complainant will also be notified of the outcome of the investigation.

4.   If the findings indicate that it is likely that the alleged discrimination or harassment has not occurred, the investigation should be closed. The complainant who filed a complaint may request an extraordinary decision for the Title IX Compliance Officer to refer the complaint to a hearing. A hearing will only be granted by the Compliance Officer in exceptional circumstances.

5.   Where the findings indicate that it is more likely than not that the alleged discrimination or harassment has occurred, and the respondent(s) accepts the findings that he/she violated college policy, an appropriate sanction will be imposed. If the complaint is against a student, the sanction will be determined by the Vice President of Student Services in consultation with the Dean of Students and the investigative team. If the complaint is against an NPCC employee, the Vice President for the appropriate division in consultation with the Director of Human Resources and the Division Chair will determine the sanction. NPCC will act to end the discrimination, prevent its recurrence, and remedy its effects on the person who filed the complaint and on the NPCC community.

Hearing

  1. In the event that the individual(s) alleged to have committed discrimination or harassment rejects the investigation findings in part or entirely, he/she must notify the Deputy in writing of that rejection within five business days of receipt of the Letter of Determination. Acceptable means of notification include email, facsimile, hand delivered notification, or postal delivery. The Deputy will convene a hearing to discuss the contested aspects of the formal complaint. Three members of the Investigation and Hearing Board pool will be selected for the Hearing Board.
  2. At the hearing, the findings of the investigation will be admitted and the Investigation Team may give evidence. However, the Hearing Board is not bound by the finding(s) of the Investigation Team. The hearing will determine whether it is more likely than not that a violation of policies has occurred. The goal of the hearing is to provide an equitable resolution via an equitable process, respecting the civil and legal rights of all participants.
  3. If the Hearing Board determines that it is more likely than not that a violation has occurred, the Vice President for the appropriate division of the complaint, or if the complaint is against a student, the Vice President of Student Services, will impose appropriate sanctions for the violation, after consultation with the Director or Division Chair and the Deputy. NPCC will act to end the discrimination or harassment, prevent its recurrence, and remedy its effects on the person who filed the complaint and on the NPCC community. If the Hearing Board determines that no violation has occurred, the case will be closed.
  4. Following the hearing, the Chair of the Investigation and Hearing Board will send a second written Letter of Determination to the affected parties.

Appeals

a. Appeals Following an Investigation

In cases where the respondent accepts the findings of discrimination or harassment after the investigation, those findings cannot be appealed. Although the findings cannot be appealed, the sanctions that have been imposed post-investigation can be appealed by any party according to the grounds below by contacting the Title IX Compliance Officer within five (5) business days following receipt of the written Letter of Determination as previously defined. Acceptable means of notification include email, facsimile, hand delivered notification, or postal delivery.

b. Appeals Following a Hearing

After the hearing, either the complainant(s) or respondent(s) may appeal the findings and/or sanctions only under the grounds described below. All sanctions imposed by the original hearing body will be in effect during the appeal. A request may be made to the Title IX Compliance Officer for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. In the event that the complainant or respondent rejects the findings in part or in their entirety, he/she may seek an appeal by contacting the Title IX Compliance Officer within five (5) business days following receipt of the written Letter of Determination.

Appeal Procedures

Any party who files an appeal must do so in writing to the Title IX Compliance Officer. Acceptable means of notification include email, facsimile, hand delivered notification, or postal delivery. The Title IX Compliance Officer will share the appeal with the other concerned parties, and then the Title IX Compliance Officer will draft a response memorandum (also shared with all concerned parties). The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final.

Because the original finding and sanction are presumed to have been decided reasonably and appropriately, the party requesting an appeal must show error. The ONLY grounds for appeal are as follows:

  1. A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
  2. New evidence has been found which was unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
  3. The sanctions imposed are substantially disproportionate to the severity of the violation.

If the Title IX Compliance Officer determines that a material procedural or substantive error occurred, the Officer may return the grievance to the Investigation and Hearing Board with instructions to reconvene to correct the error. In rare cases, where the procedural or substantive error cannot be corrected by the Investigation and Hearing Board (as in cases of bias), the Title IX Compliance Officer may order a new investigation and/or hearing on the complaint with new members from the Investigation and Hearing Board. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the three applicable grounds for appeals.

If the Title IX Compliance Officer determines that new evidence should be considered, he/she will return the grievance to the Investigation and Hearing Board to reconsider only the new evidence. The reconsideration of the Investigation and Hearing Board is not appealable.

If the Title IX Compliance Officer determines that the sanctions imposed appear to be disproportionate to the severity of the violation, the Title IX Compliance Officer will refer the complaint to a board composed of three (3) cabinet officers, which may then increase, decrease or otherwise modify the sanctions. This decision is final.

The appeal procedure and determination will typically be completed within 20 business days. The procedures governing the hearing of appeals include the following:

  • Sanctions imposed are implemented immediately unless the party determining the sanction stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
  • All parties should be informed in a timely manner of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
  • The appeal will be returned to the original hearing body unless bias has been determined;
    • Appeals are not intended to be full rehearings of the complaint, with the exception of substantiated cases of bias. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
  • The Deputy will render a written Letter of Determination to the affected parties.

COMPLAINT AND GRIEVANCE PROCESS PROVISIONS

Time Periods

All effort will be made to make a determination in no more than 60 calendar days of filing a formal complaint/grievance.

For purposes of calculating all time periods set forth in this Complaint and Grievance Policy, a business day is defined to mean normal operating hours, Monday through Friday, excluding recognized national and state holidays and NPCC closings.

Timelines may be modified in cases where information is not clear, judged to be incomplete, relevant parties are not available for interview, and/or other related circumstances as may arise. In the event that this step is necessary, the Title IX Compliance Officer or his or her respective deputies will notify the complainant who filed the grievance in writing within the set timeline.

No Retaliation

Retaliation against any person who files a complaint of discrimination, participates in an investigation, or opposes a discriminatory employment or educational practice or policy is prohibited by NPCC policy and federal and state law. A person who believes retaliation has occurred should notify the Title IX Compliance Officer as soon as possible.

False Reports

NPCC will not tolerate intentional false reporting of incidents. It is a violation of the Code of Conduct governing NPCC to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.

Office of Civil Rights Complaint

Although complainants are encouraged to attempt to resolve complaints pertaining to discrimination by utilizing this Grievance Procedure, they have the right to file a complaint directly with the U.S. Department of Education, Office for Civil Rights (OCR) (Dallas regional office). Information regarding applicable timelines and procedures is available from OCR.

Effective Date

The policy in force at the time a formal complaint is made is the policy that will be used throughout the investigation, hearing and any appeals that are heard.

NPCC reserves the right to make changes and amendments to this policy and procedure as needed, with appropriate notice to the community.

STATEMENT OF THE RIGHTS OF COMPLAINANT/ALLEGED VICTIM

  • The right to be treated with respect by college officials;
  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators;
  • The right to have an advisor or advocate to accompany and assist in the campus hearing process. This advisor can be anyone, including an attorney (provided at the complainant's own cost), but the advisor may not take part directly in the hearing itself, though they may communicate with the complainant as necessary. The college should be notified five (5) business days in advance of the hearing if an advisor or advocate will accompany the complainant party.
  • The right not to be discouraged by college officials from reporting an assault to both on-campus and off-campus authorities;
  • The right to be informed in a timely manner of the outcome and sanction of any disciplinary hearing involving sexual assault, usually within five (5) business days of the end of the conduct hearing;
  • The right to be informed by college officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim's desire;
  • The right to be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community;
  • The right to notification of options and assistance for changing academic or employment situations after an alleged sexual assault incident. These changes will be made if they are reasonably available and desired by the victim. No formal complaint, or investigation, campus or criminal, need occur before this option is available. Accommodations may include:
      • Exam (paper, assignment) rescheduling;
      • Taking an incomplete in a class;
      • Transferring class sections;
      • Temporary withdrawal;
      • Alternative course completion options;
      • Alternative work assignments and/or supervisory changes.
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);
  • The right to make a victim-impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
  • The right to a campus no contact order against another person who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining person or others;
  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity by campus disciplinary officials;
  • The right to appeal the finding and sanction of the conduct body, in accordance with the standards for appeal established by the institution;
  • The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law;
  • The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness' identity will not be revealed to the accused respondent for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to a hearing closed to the public;
  • The right to preservation of privacy, to the extent possible and allowed by law;
  • The right to petition that any member of the conduct body be removed on the basis of
  • demonstrated bias;
  • The right to give testimony in a campus hearing by means other than being in the same room with
  • the respondent;
  • The right to ask the investigators to identify and question relevant witnesses, including expert
  • witnesses;
  • The right to be fully informed of campus conduct rules and procedures as well as the nature and
  • extent of all alleged violations contained within the complaint;
  • The right to be present for all testimony given and evidence presented before the conduct body;
  • The right to have complaints heard by conduct and appeals officers who have received annual
  • sexual misconduct training;
  • The right to conduct officials comprised of representatives of both genders;
  • The right to have college policies and procedures followed without material deviation;
  • The right to be informed in advance of any public release of information regarding the complaint;
  • The right not to have released to the public any personally identifiable information about the
  • Complainant, without his or her consent.

 

STATEMENT OF THE RIGHTS OF RESPONDENT/ACCUSED PARTY