Filing a Report
A Complainant has the right, and can expect, to have reports taken seriously by the College when notified, and to have these incidents investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma and impartiality. Resolution procedures are guided by principles of fairness and respect for all parties.As referenced above, both on-campus and off-campus resources and support are available for both students and employees, whether as Complainants or Respondents, to provide guidance throughout the investigation and resolution of complaints. A Complainant may withdraw a complaint or report from the College at any time, without penalty. All proceedings are conducted in compliance with the requirements of FERPA, the Clery Act, Title IX, the Violence Against Women Act, federal, state and local law, and College policy.
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Complainant’s Request Not to Pursue an Investigation
If a Complainant does not wish for his/her name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the Complainant may make such a request to the Title IX Coordinator or designee, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the College will likely be unable to honor a request for confidentiality. Where the Complainant requests confidentiality and the circumstances allow the College to honor that request, the College may offer interim supports and remedies to the Complainant and the Community, but will not otherwise pursue formal action.
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Privacy in Reporting
The College is committed to maintaining the privacy of all parties involved and every effort will be made to protect privacy interests in a manner consistent with the need for a thorough review.
Information provided to non-confidential campus employees will be relayed only as necessary to assist the Title IX Coordinator or designee in the active review, investigation and/or resolution of the complaint. While not bound by confidentiality, the circle of people with this knowledge will be kept as tight as possible to preserve a Complainant’s and Respondent’s rights and privacy.
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Receipt of Notice
Upon receipt of notice of any allegation of sexual misconduct, the College shall ensure that Complainants are advised of their right to:
- “notify proper law enforcement authorities, including on-campus and local police;
- be assisted by campus authorities in notifying law enforcement authorities if the Complainant so chooses; and
- decline to notify such authorities.” 20 U.S.C. §1092 (f)(8)(B)(iii)(III)(aa)-(cc).
The College will also inform the Complainant of his/her right to be protected from retaliation for reporting an incident in good faith, even if the report is not later substantiated.
If a Complainant chooses to file a report with the Harrison Police
Department or any other applicable law enforcement agency, upon request,
the College will assist the Complainant in doing so. Any criminal investigation performed by law enforcement will be separate from the investigation performed by the College. Disciplinary action will normally proceed concurrently with these civil and/or criminal proceedings and will not be subject to challenge on the grounds that civil or criminal charges involving the same incident have been dismissed or reduced. The College may undertake a short delay (several days to weeks) in its investigation or resolution process, to comply with a law enforcement request for cooperation (e.g. to allow for criminal evidence collection) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. This temporary delay should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay. The College will promptly resume its investigation and processes once notified by law enforcement that the initial evidence collection process is complete.