VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U011

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 College’s code of conduct to the facts; • A statement of, and rational for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions 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; • The procedures and permissible bases for the complainant and respondent to appeal. The written determination must be provided to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the parties are provided with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. The Title IX Coordinator is responsible for effective implementation of any remedies. 12. APPEALS A. Both parties have the right to an appeal from a determination of responsibility, and from a dismissal of a formal complaint or any allegations therein, to the Campus Dean. Appeals may be taken on any or all of the following bases: • Procedural irregularity that affected the outcome of the matter; or • 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; or • The Title IX Coordinator, investigator, or hearing officer(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. B. Any such appeal must be made, in writing, within seven (7) business days of the date the party receives notice of the determination of responsibility, or dismissal of a formal complaint or allegations, which is being appealed. The appeal must be based upon one or more of the bases set out in section 12.A above and must accompanied by a statement of how the basis for the appeal could affect the outcome of the matter. The written appeal must be delivered to both the Campus Title IX Coordinator and the Campus Dean’s office within the required time frame. C. Upon receipt of an appeal, the Title IX Coordinator shall immediately notify the other party that an appeal has been filed and provide a copy of the appeal. The other party then has the right, within seven (7) business days of receipt of notice of the appeal, to submit a written statement in support of, or challenging, the outcome.

VCOM Discrimination, Harassment, and Violence Policy and Procedures

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