VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U011

D. The Campus Dean shall, within fourteen (14) business days, issue a written decision describing the result of the appeal and the rationale for the result, which decision shall be simultaneously delivered to both parties. The Campus Dean can affirm, modify, or remand the decision of the hearing officer(s). The decision of the Campus Dean is final. 13. INFORMAL RESOLUTIONS At any time prior to reaching a determination regarding responsibility the College may facilitate an informal resolution process, such as mediation or arbitration, that does not involve a full investigation and adjudication, provided that: • The College may not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment, as provided in this policy, as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right. • The College may not require the parties to participate in an informal resolution process under this policy and may not offer an informal resolution process unless a formal complaint is filed. • The College must provide a written notice to the parties disclosing: o the allegations; and o that the informal resolution process includes meeting with a mediator or arbitrator agreed to by both parties and that the meetings may be individual, joint, or both; and o that agreeing to a written resolution constitutes a final and binding agreement and precludes the parties from resuming a formal complaint arising from the same allegations; and o that, at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; and o that failure to abide by the terms of the resolution agreement could be considered unethical and unprofessional behavior calling for an appearance before the Professional and Ethical Standards Board; and o that all records of the informal resolution will be considered confidential by VCOM. • The parties must execute a voluntary written consent to the informal resolution process. • The College shall not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. • All records of an informal resolution, including any notices, shall be considered confidential and shall be maintained by the Title IX Coordinator. • All conversations and interactions between the parties and any person facilitating an informal resolution shall be considered confidential and any such person having facilitated an informal resolution shall be prohibited from testifying at any hearing contemplated by this policy in regard to the informal resolution. • The informal resolution process must be complete within fourteen (14) business days of the execution of the written consents or the matter will be considered

VCOM Discrimination, Harassment, and Violence Policy and Procedures

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