投诉人常见问题-第九条

第九条

信访人常见问题解答

常见问题解答 for 发牢骚的人s on the 第九条 Resolution Process

A 发牢骚的人 is an individual who alleges he/she/they is the victim of conduct
这可能构成性骚扰.

A 被调查者 is an individual reported to be the perpetrator of conduct that
可能构成性骚扰.


常见问题

You may file a formal complaint with the 第九条协调员 in person, by mail, 或者通过电子邮件. 第九条协调员 will contact you to explain the College disciplinary 过程. 第九条协调员 will ask you to briefly explain what happened (who, 什么,何时,何地). 第九条协调员 will discuss the availability of supportive measures such as academic flexibility requests or relevant resources to assist you 在决议过程中.

You have the right to have an advisor of your choice present during this meeting.

Although each case is unique, generally the initial meeting takes approximately one 小时.

After the interview, the 第九条协调员 will discuss your options including whether or not you would like to file a formal complaint. 第九条协调员 will also discuss supportive measures available to you. 

Throughout the grievance 过程, both the 发牢骚的人 and 被调查者 have a right 给他们选择的顾问. If a Party does not have an Advisor at the time of the hearing (if applicable), the District 必须 provide the Party an Advisor of its 选择,免费. The District may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions 对双方同等适用.

第九条 office shares information on a need-to-know basis with those involved in the investigation and resolution of the complaint. 通常,这包括 第九条协调员, Deputy Coordinator(s), investigators, and hearing officers. During the formal complaint resolution 过程, the accused person (被调查者) and witnesses will be informed about the complaint.

Some 发牢骚的人s request interim academic measures such as extensions on assignments and rescheduled exams (if appropriate) 在决议过程中. 第九条 Coordinator may need to make minimal details available to accommodate such requests. 第九条协调员 will discuss this with a 发牢骚的人 before initiating contact 和一位教授. 

The changes to the 第九条 regulations in 2020 changed the formal 第九条 resolution 程序包括听证会. Although elements of the regulations (including elements of the hearing) have been challenged in court, with some elements being vacated, a 目前需要正式的听证会. 第九条协调员 can discuss any legal updates that may impact this requirement.
简短的回答是肯定的. 

The following language regarding appeals under 第九条 comes from AP 3434:

Appeal of Dismissal of a Formal Complaint or of the Determination of Responsibility

投诉人或答辩人 may appeal the District’s determination regarding responsibility or the dismissal of 正式的投诉或任何指控. 投诉人或答辩人 必须
submit a written appeal within 5 business days from the date of the notice of determination regarding responsibility or from the date of the District’s notice of dismissal of 正式的投诉或任何指控.

上诉理由

第九条协调员 will appoint someone to serve as the Decision-Maker on Appeal. In filing an appeal of the District’s determination regarding responsibility or the District’s dismissal of a formal complaint, the Party 必须 state the grounds for appeal and a statement of facts supporting those grounds. 上诉理由如下:

• A procedural irregularity affected the outcome;

• New evidence was not reasonably available at the time the District’s determination regarding responsibility or dismissal was made, and this new evidence could affect the outcome; or

• The District’s 第九条协调员, Investigator, or Decision-Maker had a conflict of interest or bias for or against 发牢骚的人s or 被调查者s generally or the individual
发牢骚的人 or 被调查者 that affected the outcome.

第九条协调员 can assist you even if you choose not to go through the formal 投诉过程. 第九条协调员 can arrange supportive measures such as academic flexibility, referrals to counseling, physical safety measures, and other steps to assist you in achieving your educational objectives.

 

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