Title IX Complaint & Investigation Procedures
The College’s complaint and investigation procedures are intended to afford a prompt
and fair response to Complaints of Sexual Misconduct and other Title IX violations.
The victim and accused will be treated fairly, both will be offered interim measures,
academic accommodations, and support services. An investigation of the allegations
will be undertaken that will include the collection of all evidence. The College will
provide a copy of Sexual Misconduct Policy to the victim and accused along with information
regarding estimated time frames for inquiry, investigation, and resolution.
The investigation will apply a preponderance of the evidence standard in determining if a violation of College policy occurred, which is evidence (including but not limited to, documentary, electronic, and testimonial) that suggests it is more likely than not that a violation of the College’s Title IX policy occurred. Preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. The College will inform the victim and accused of the outcome of the investigation and whether or not the accused will be administratively charged.
Victims and accused are entitled to a fundamentally fair process, including reasonable notice of allegations of violations of Sexual Misconduct, the opportunity for the person to be heard and the opportunity to present evidence prior to the administrative determination of the alleged violations, except when immediate interim suspensions or restrictions are deemed necessary pending an investigation and determination of the matter. All Sanctions set forth within AP 5500: Standards of Student Conduct and AP 5520: Student Discipline Procedures are applicable to Parties found Responsible for Sexual Misconduct.
Throughout this process, both the victim and accused have the following rights:
- To be treated with respect by College officials
- To take advantage of campus and/or community support resources, such as Personal Wellness Services, Health Services, EAP services, etc. to help remedy and restore
- To experience a safe education and work environment
- To have an advisor during an adjudication process
- To be free of retaliation
- To have complaints heard in accordance with College policy and procedures
- To fully participate in any process whether the injured party is serving as the complainant, or where the institution is serving as complainant
- To be informed in writing of the progress of the investigation
- To be notified concurrently, and in writing, of the outcome/resolution of the complaint, of any Sanctions imposed, the basis for the determination, and the right of appeal (when applicable)
Once the College has received a complaint of Sexual Misconduct, the Title IX Officer, or designee, will work with students and employees affected by the Sexual Misconduct to ensure their safety and promote their well-being. The Title IX Officer, or designee will make an interim assessment to determine if any immediate remedies are warranted, pending investigation, including accommodations relating to changing academic or work schedules, no contact orders, police escort services, a referral to the College’s Personal Wellness Services, or a referral to community support agencies, such as victim advocates and other remedies to promote the well-being, safety, and restoration of the parties while an investigation or disciplinary action is pending. Both the victim and accused will have access to interim remedies and protective measures.
The College complies with the California law in recognizing orders of protection including but not limited to: Emergency Protective Orders, Stay-Away Orders, Domestic Violence Restraining Orders, a Civil Harassment Restraining Orders, and Temporary Restraining Orders. Persons requesting a protective court order must apply directly to the Superior Court of California, County of San Diego. The College may issue an institutional, no contact order if deemed appropriate.
College Police will meet with the protected person and request a copy of the protective order. It will be entered into the law enforcement database. College Police Officers will discuss the provisions of the order and provide resources and/or accommodations to the protected person with the intent of reducing the threat or potential harm to the person. These could include any of the following: law enforcement escorts, special parking arrangements, providing a temporary cellphone, changing classroom locations or allowing a student to complete assignments from home, etc. Any report of violations of the order will be promptly investigated and appropriate enforcement actions taken.
College staff members will work cooperatively with persons involved to safeguard their health and physical safety along with their work and academic status.
When the College becomes aware of Sexual Misconduct, the College may have an obligation to proceed with an investigation, regardless of a Complainant’s wishes to the contrary, in order to ensure the safety of the College Community. Complainants are not required to participate; however, this may limit the College’s ability to effectively respond to the incident. If a person requests that their name or other identifying information not be used in an investigation, the College will weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the College Community. In most cases, information including the person’s name may be shared with the accused, witnesses, College officials who have a legitimate need to know, or law enforcement, as applicable. Beyond that, the College will take steps to reasonably protect the victim’s identity and the identity of all individuals involved.
The College will protect the identity of persons who report having been victims of sexual assault, domestic violence, dating violence, or stalking to the fullest extent of the law and as otherwise mentioned in this College’s Title IX policy.
Students may request that directory information on file with the College be withheld by request by contacting Dean Aragoza, Interim Dean of Student Services (619) 482-6369, daragoza@swccd.edu . Furthermore, the College will maintain as confidential, any accommodations or protective measures provided to the persons involved, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the accommodations or protective measures.
If appropriate, the College’s Title IX Officer may seek to resolve certain Title IX complaints through an informal process involving both the victim and accused, subject to the parties’ mutual agreement.
The Title IX Officer, or designee, shall use reasonable, diligent efforts to investigate Sexual Misconduct reports and issue a determination within 90 Days of an initial report/complaint, not including amendments to a complaint and appeals. The College’s intended timeline, barring unexpected delay or complex investigations, is as follows:
- Review and Fact Finding Investigation process begins within 7 Days after the date of the initial report/complaint.
- The Fact Finding Investigation shall be completed 45 Days after the date of the initial report/complaint.
- After the Fact Finding Investigation, the Parties will be given a 10-Day Evidence Review Period to review evidence discovered in the Fact Finding Investigation and submit a written response for the investigator to consider.
- The investigator will prepare a written report that fairly summarizes the relevant evidence within 10 Days after the close of the Evidence Review Period or after receipt of both Parties’ written response to the Evidence, whichever is sooner.
- After the investigation report has been completed, a Hearing will be held. The Adjudicator will issue a written Notice of Determination within 5 Days of the Hearing.
- Notice of Sanction(s) issued within 7 Days after the completion of the Notice of Determination.
- Appeal request filed by either or both victim and accused to the Title IX Officer, Vice President of Human Resources, or the Dean of Student Services within 5 Days after the notice of determination and sanction(s).
- Appeal hearing is held within 30 Days after victim and/or accused’s notice of appeal was received.
- Determination of the hearing is issued within 7 Days after the completion of the hearing.
Time frames for reviews, investigations, and hearings may vary depending on the details of a case and at certain times of the academic year for possible violations that occur near, during, or after College holidays, breaks, or at the end of an academic term, in which meetings will be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by this policy and procedures.