Higher Education Act of 1972, Title IX Violations
This policy covers the complaint and grievance procedure for all forms of sexual misconduct and sex discrimination, including harassment, retaliation, or violence that occur in conjunction with any Rose State College activity, athletic program, educational program, including enrollment and admissions, housing, etc. All students, faculty, staff, guests, vendors, and visitors are required to comply with this policy.
Sec. 7C-1. General Statement
Rose State College (College) does not discriminate on the basis of race, color, sex, age, national origin, religion, disability, genetic information, sexual orientation, gender identify or expression, or status as a veteran in any of its policies, practices, or procedures. This includes, but is not limited to admissions, employment, financial aid, and educational programs, activities, or services. If discrimination, including harassment or retaliation, occurs, the College will take prompt and appropriate corrective and remedial action.
The person designated to handle inquiries regarding the nondiscrimination policies, including issues of noncompliance, is the Associate Vice President, Human Resources/Affirmative Action Officer, 6420 SE 15th Street, ADM Room 104, Midwest City, OK 73110, (405) 733-7979. This designee, in addition to handling inquiries regarding nondiscrimination policies, including issues of noncompliance, also coordinates the College’s Title IX Investigative Staff to ensure services to students, employees, and guests of the College. Coordinator duties include periodic assessment of the College’s Title IX compliance, overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints, annual review of the College’s anti-discrimination statement, policies, and complaint procedures, and leadership of the investigative and record-keeping requirements set forth in this policy. The Title IX coordinator or designee will be available to meet with students, as needed, and to assist College law enforcement unit employees regarding how to respond appropriately to reports of sexual violence.
- Duty to Report
Rose State College encourages any person who believes that they have experienced discrimination, harassment, retaliation, or violence based on a protected status in conjunction with a College activity, athletic program, educational program, employment, or in conjunction with an application for enrollment or employment, to report that complaint to the Associate Vice President, Human Resources/AAO, 6420 SE 15th Street, ADM Room 104,
Midwest City, OK 73110, (405) 733-7979.
Where violations of sexual misconduct, harassment, and/or discrimination may have occurred, College employees who have witnessed or who have been advised of the alleged violations should report that information to the Title IX Coordinator or a Deputy Title IX Coordinator. The campus Title IX Coordinator is the Associate Vice President, Human Resources/Affirmative Action Officer, 6420 SE 15th Street, ADM Room 104, Midwest City, OK 73110, (405) 733-7979. The Deputy Title IX Coordinators is the Director, Service Learning and Student Conduct, 6420 SE 15th Street, Midwest City, OK 73110, Student Services Building (SSB) Room 208, (405) 736-0355.
Certain employees, who are prohibited from reporting due to a privilege recognized under Oklahoma law – e.g., attorney-client privilege, physician- and psychotherapist-patient privilege, religious privilege, etc., need not report such information when the employee receiving the complaint is acting in the privileged capacity. Employees may also, or instead, refer the victim to the College’s advocacy team. Members of the advocacy team are trained in handling initial reports of sexual misconduct and discrimination; including addressing immediate medical and personal needs such as exams, collecting evidence, sleeping and eating, and how to file a formal complaint. The only “by-law” exempt employee at Rose State College is the certified Licensed Professional Counselor in Student Services.
- Duty to Report Child Abuse
Oklahoma law requires every person having reason to believe that an unmarried child under the age of 18 is a victim of abuse (including sex abuse) or neglect to report the matter promptly to the Oklahoma Department of Human Services. Under Oklahoma law, “abuse” means harm or threatened harm or failure to protect the health, safety, or welfare of a child by a person responsible for the child’s health, safety, or welfare. This includes, but is not limited to, non-accidental physical or mental injury, sexual abuse, or sexual exploitation. Under Oklahoma law, no privilege or contract shall relieve any person of this duty to report. The duty to report is individual, and no employer, supervisor, or administrator shall interfere with any person’s reporting duties or in any manner discriminate or retaliate against any person who in good faith reports suspected child abuse or neglect.
- Reporting Cases of Sexual Violence
- Who to Contact
Any person who has experienced or witnessed sexual violence, including sexual assault, sexual battery, sexual coercion or another sex offense, should immediately contact the Campus Title IX Coordinator/Associate Vice President, Human Resources/Affirmative Action Officer, 6420 SE 15th Street, ADM Room 104, Midwest City, OK 73110, (405) 733-7979.
Any person who has experienced or witnessed sexual violence, including sexual assault, sexual battery, sexual coercion, or another sex offense, may also contact:
- Midwest City Police Department (MWCPD) at 911
- College’s Security Office located at 6420 S.E. 15th Street, Midwest City, OK 73110, Susan Loveless Center Room 117 or by calling (405) 733-7313
- Suggested Supportive Services/Additional Contacts for Victims
In addition to services available from reporting contacts above, victims are encouraged to seek additional support from campus/community resources such as:
- Rose State College Advocates Program • (405) 208-3748
- Domestic Violence/Sexual Assault (800) 522-7233 • (405) 917-9922•(917-YWCA)
- Rape Crisis Center • (405) 943-7273 (943-RAPE)
- YWCA DVVP (for VPO Assistance and Information) • (405) 297-1139
- Professional Counseling Services available on campus • (405) 736-0266
Sec. 7C-2. Initial Report and Complaint Procedure
- The Initial Report
When the Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate, receives notice, either from the complainant or from any other source, that a possible violation of sexual misconduct policies has occurred, the Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate, will:
- Initiate any necessary actions to ensure the safety of the complainant and the campus at large.
- Consider the need for a Timely Notice or Emergency Notification
- Consider if incident is a mandatory Clery report and notify as appropriate
- Consider referral to the College’s advocacy team
- Determine the identity and contact information of the complainant (whether that be the reporting party, the alleged victim, a College representative, or other party).
- Identify the portions of this policy allegedly violated.
- Advise the complainant that both formal and informal resolution options are available.
- Review the process of a formal complaint; including the College’s required live hearing process.
- Assure the complainant that they will not be required to confront, or work out problems with, the person accused of the prohibited conduct.
- Assess complainant’s preference for an informal resolution in lieu of a formal hearing.
- Respect complainant’s wishes not to pursue a complaint (see C.2.b for exception).
- Advise the complainant that they may file a non-employment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR), where such a complaint is within that agency’s jurisdiction.
- If the complaint is employment-related, advise the complainant that they may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), where such a complaint is within that agency’s jurisdiction.
- If the complainant alleges abuse or neglect of a child under the age of 18, report the matter promptly to the Oklahoma Department of Human Services
- Complaint Procedure
- Complaints Involving Sexual Discrimination or Sexual Harassment
A complaint involving allegations of sexual discrimination, sexual harassment, or sexual violence shall be reviewed, handled, investigated, and adjudicated only by persons with training or experience in:
- Handling complaints involving sexual discrimination or sexual violence.
- The College’s relevant grievance procedures.
- Relevant confidentiality requirements.
- Complaints Involving Sexual Violence
A complaint alleging sexual violence, including sexual assault or sexual coercion shall be reviewed, handled, investigated, and adjudicated only by persons with adequate training or knowledge regarding sexual violence.
- Submitting a Complaint
Generally, any complaint should be filed with the College within 180 calendar days of the alleged discrimination, harassment, or retaliation, to facilitate the process of gathering facts and evidence. Complaints that are filed after that time will be reviewed, but a lengthy lapse of time may make an investigation difficult.
- Obtaining the Complaint Form - Complaint Forms (ADM 44 - Discrimination/Harassment Complaint Form) are available online through the intranet Forms Handbook, the Title IX Resources page at rose.edu, and from the Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate. The complaint shall include the following information:
- The complainant’s name and address.
- The Title IX Coordinator or a Title IX Deputy Coordinator, as appropriate, may, at their discretion and over the wishes of the complainant, elect to file a Title IX complaint to enable a thorough investigation of the allegations.
- The College program or activity in which the complainant was participating, or attempting participation, at the time of the alleged misconduct and
- The name and title of the person(s) against whom the complaint is made
- A statement of the accused’s specific acts that allegedly violated this Policy.
- The specific dates on which those actions allegedly took place.
- A clear and concise statement of any other facts that form the basis of the complaint.
- If the complainant is not the alleged victim, the complainant’s relationship, if any, to the person who experienced the prohibited conduct.
- A clear and concise statement of the remedy the complainant seeks.
- The complainant’s signature.
- Submitting the Complaint Form
The signed complaint form may be submitted to the Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate, by mail, electronic mail, or in person. The campus Title IX Coordinator is the Associate Vice President, Human Resources/Affirmative Action Officer, 6420 SE 15th Street, ADM Room 104, Midwest City, OK 73110, (405) 733-7979, email@example.com. The Deputy Title IX Coordinator is the Director, Service Learning and Student Conduct, 6420 SE 15th Street, Midwest City, OK 73110, Student Services Building (SSB) Room 208, (405) 736-0355.
- Review of the Complaint
Within a reasonable timeframe, 5 business days or less, of receiving the complaint, Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate, shall review the complaint to determine whether:
- The written complaint is complete.
- The alleged misconduct took place while the complainant was participating in, or attempting to participate in, a College program activity and the allegations are against someone in the U.S.
- The written complaint alleges conduct prohibited by Policy.
- The complainant experienced the alleged conduct or is a personal representative of someone who experienced the alleged misconduct or witnessed the alleged misconduct.
- Anonymity and Confidentiality
The College does not reveal information about complaints of discrimination except as necessary to fulfill its legal obligations. Potential complainants are sometimes reluctant to pursue a complaint if their names will be revealed. The inability to reveal the name of a complainant or facts that are likely to reveal the identity of the complainant can severely limit the ability of the College to respond.
If a complainant insists that his or her name not be revealed, the responsible officer should take all reasonable steps to investigate while maintaining the complainant’s confidentiality and respond to the complaint consistent with the complainant’s request as long as doing so does not jeopardize the rights of other students or employees. The responsible officer may also refer the complainant to the Rose State College Advocates program; see Section 7C-1 (c).
- Dismissals of Complaints
There are justifications which require the College to dismiss complaints, as well as justifications that may be used to dismiss complaints under Federal Title IX guidance. In situations resulting in the dismissal of a Title IX complaint, the College may address the complaint under other policies, processes, or procedures. Justifications for mandatory dismissal apply only to Title IX complaints.
- The College will dismiss a complaint with allegations which:
- Do not meet the definition of sexual harassment or sexual misconduct.
- Did not occur against in the U.S., regardless of the relationship to College.
- The College may dismiss a complaint if:
- The complainant gives the Title IX Coordinator written notice to withdraw the complaint.
- The respondent is no longer affiliated with the College.
- There are circumstances preventing the College from collecting necessary evidence to make a determination of responsibility.
7C-3. Investigations and Live Hearings
- Selection of the Investigator
If the Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate, determines the written complaint is sufficient, within two (2) business days, the investigation will be assigned to a qualified internal designee.
In cases of sexual discrimination, sexual harassment, or sexual violence, the investigator must meet the qualifications established in 73-B of this Policy. In all cases, the investigator selected will be a neutral, disinterested individual. The selected individual should not be a party to the complaint, the complainant, or the accused, nor should the selected individual have a vested interest in the outcome of the investigation.
Both parties are entitled to the same rights regarding representation and supportive services, as well as other rights throughout the investigation and into the live hearing process.
- Rights of the Parties
- Parties shall be entitled to be accompanied by a representative or advocate (such as a colleague, parent, student advocate, etc.) of their choosing at all complaint meetings.
- Representatives and advocates are prohibited from disclosing any information concerning the content of a meeting or hearing.
- Representatives and advocates are prohibited from any retaliatory conduct related to information disclosed during a meeting or hearing.
- Legal advisors and attorneys may be present during any meetings or hearings but cannot participate directly in the process. They may only interact with the party they are representing.
- To request a representative be provided by the College to act on the party’s behalf if the party does not have their own representative or advocate.
- Supportive Services
- Supportive services that do not favor either party may continue throughout the formal complaint process; the College will provide the parties with information about how to obtain services from resources available on and off campus, including those listed in 7C.1.C.2.
- The College may also consider steps, such as, but not limited to, transfer to new sections of the same or similar courses; housing transfers to different buildings or floors; security escorts to and from parking areas, classes, housing and activities, etc.; these supportive services will be granted, as appropriate, on a case-by-case basis and to both the complainant and respondent.
- Other Rights
- To be informed when an investigation begins of the allegations, any known facts surrounding the allegations, and a proposed timeline for resolving the complaint.
- To seek counseling and advice from the Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate.
- To obtain services and resources from the College’s advocates program; see Sec. 7-1(c).
- To present relevant witnesses, evidence, and information at any meeting or hearing.
- To have access to any information, to the extent permitted by the Family Educational Records and Privacy Act (FERPA) and by rules of privilege and confidentiality, that will be used at any meeting or hearing.
- Not to be personally questioned or cross-examined by the accused.
- To the College’s taking reasonable steps to maintain the complainant’s reputation during the entire process and/or to restore the complainant’s reputation if it is damaged during any proceeding.
- To be protected against retaliation from the accused or from other persons during or after the complaint process.
- To a prompt and equitable resolution of the complaint.
- To receive a written notice of the outcome of the investigation.
- Notification to the Accused
Within a reasonable time, usually as soon as possible, after the complaint is reviewed and determined to be a sufficient, valid complaint, the Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate, shall inform the accused of the filing and the general nature of the complaint in a manner that is appropriate under the circumstances. The Title IX Coordinator or a Deputy Title IX Coordinator, as appropriate, shall advise the accused:
- That the accuracy of the allegations has not been assessed.
- That the accused is presumed not-responsible for the alleged misconduct until the entire complaint process is complete.
- That the accused will have an opportunity to present their side of the matter
- Offer of informal resolution if the complainant has voluntarily requested.
- That any conduct that could be viewed as retaliatory against the complainant or witnesses is strictly prohibited and would constitute a separate violation of this policy.
- Conducting the Investigation
If both parties have voluntarily requested an informal process, the College will follow the informal process procedure located in Section 7-8. Once an investigator has been selected, they shall conduct the investigation in as timely a manner as possible unless the matter is informally resolved, or the complainant withdraws the complaint. The investigation will be conducted free of discrimination. The investigation will comply with the following:
- Collection of Evidence/Witness Interviews and Statements
- The burden of collecting evidence rests with the College, not the parties.
- The investigator will not restrict the parties from collecting their own evidence.
- The investigator will give equal opportunity for parties to present witnesses/evidence.
- Investigator will not seek or use private medical, psychiatric, or treatment records for any party or witness without the individual’s voluntary, written consent.
- Advisors, Advocates and Representatives
- Both parties will have equal opportunity to select an advisor, advocate, or representative.
- If either party cannot select an advisor for any reason, the College will provide one.
- If the College provides this function, it will be free of fee or charge.
- Regardless of how representation is obtained, parties will provide the investigator with:
- Name and contact information for representative.
- Professional title or credentials of representative.
- Communication with Parties and Representatives
- The College will send written notice regarding meetings, interviews, and hearings.
- The investigator will provide each party and their respective representative with the evidence related to the allegations collected by the investigator, opposing party, and the opposing party’s representative.
- Evidence may be in hard copy or electronic format.
- Parties shall have 10 days to review, inspect, and respond to the investigator.
- Relation of the Investigation to Law Enforcement Investigation
- The investigation conducted pursuant to this policy may be concurrent with an investigation by law enforcement officers, but it is not dependent on any law enforcement investigation.
- The College may, at its discretion, delay the investigative process long enough to allow local law enforcement to collect evidence. Any delay for this purpose will be as short as possible.
- If the written complaint alleges sexual discrimination, sexual harassment (including sexual violence), or retaliation for claims of sexual discrimination and sexual harassment, the law enforcement investigation does not relieve the College of its independent obligation under Title IX to investigate. The College is not obliged to notify law enforcement of an alleged violation of this policy at any time, including prior to, during, or at the conclusion of an investigation.
- Additional information about the College’s interaction with local law enforcement is contained in a Memorandum of Agreement and can be found at https://www.rose.edu/content/about-us/our-campus/safety-security/.
- Investigative Report
- Investigator will send both parties an investigative report containing:
- Summary of the complaint.
- Investigator will send both parties an investigative report containing:
- Identification of complainant witnesses and summary of the witnesses’ inputs.
- Identification of respondent witnesses and summary of the witnesses’ inputs.
- General timeline of events related to the complaint.
- Identification of specific policy related to the investigation.
- Any other items of interest the investigator deems appropriate and relevant to the complaint.
- Investigator will provide a copy of the investigative report and all evidence to the Title IX Coordinator/Deputy Title IX Coordinator, as appropriate
- The Live Hearing
As soon as possible after receiving the investigative report, see Sect. 7C-D3f, the Title IX Coordinator/Deputy Coordinator, as appropriate, will coordinate a live hearing to allow a decision-maker to hear matters from both parties, examine evidence, and decide, based upon the preponderance of evidence, the respondent’s responsibility. All respondents are assumed not-responsible until the outcome of the live hearing.
- Scheduling the Hearing
the Title IX Coordinator/Deputy Coordinator, as appropriate, will contact all participants to establish availability, as well as locate acceptable locations to conduct the live hearing:
- Determine availability of all participants:
- Complainant and Respondent.
- Advisors to the Complainant and Respondent.
- Title IX Coordinator/Deputy Coordinator, as appropriate.
- Technical Advisors (as needed).
- Determine availability of separate locations:
- Technology-enabled location for the Complainant/Advisor.
- Technology-enabled location for the Respondent/Advisor.
- Technology-enabled host-location for the Decision-Maker, witnesses, etc.
- Notification of the Hearing:
The Title IX Coordinator/Deputy Coordinator, as appropriate, will simultaneously inform all participants (sans the technical advisors) of the available details of the live hearing. This notice will include:
- Brief review of the complaint.
- Brief summary of the evidence collected.
- Brief review of witness inputs.
- Title IX Coordinator/Deputy Coordinator’s, as appropriate, referral of the complaint to a decision-maker via. a live hearing.
- Time, date and location of the live hearing.
- Reminder to the parties they may be accompanied into the actual hearing location by only their advisors.
- Notice that the intent of the hearing is to determine whether the respondent is responsible for any of the allegations in the complaint.
- Reminder of the retaliation restriction.
- Procedures to request rescheduling of the live hearing.
- Day of the Hearing
- Final preparation
The Title IX Coordinator/Deputy Coordinator, as appropriate, will ensure all required parties are present, in the appropriate locations, and witnesses are nearby with the ability to respond within a few minutes of their required presence. The Title IX Coordinator/Deputy Coordinator, as appropriate, along with a technical advisor, will ensure operational capability of the required technical support:
- Ability to record the hearing from the host location.
- Ability for the host location to communicate with both parties’ locations.
- Ability for the host location to lock out either or both parties’ locations.
- Introduction of Parties and Complaint
The Title IX Coordinator/Deputy Coordinator, as appropriate, will:
- Introduce all participants present, including name, affiliation to the College or Community, and affiliation to the complaint.
- Review the details of the complaint.
- Review the technology aspect of the live hearing.
- Refer the complaint to the Decision-Maker
The Title IX Coordinator/Deputy Coordinator, as appropriate, will:
- Ask the investigator to introduce and read the investigative report.
- Ask the decision-maker if they need any additional information before proceeding.
- Refer the matter to the decision-maker with a request for the decision-maker to determine, based on a preponderance of the evidence, if the respondent is responsible for any or all of the allegations in the complaint.
- Conducting the Live Hearing
The decision-maker will conduct the main portion of the live hearing in a manner that allows for equal opportunity of input from each party. The technical advisor will assist the decision-maker as needed.
- The decision-maker asks for each party’s opening statement.
- The decision-maker asks for complainant, through the complainant’s advisor, to submit evidence and interview witnesses to support the allegations in the complaint.
- The respondent, through the respondent’s advisor, may challenge evidence’s relevance and may ask challenging questions, including questions regarding credibility, of complainant’s witnesses
- RAPE SHIELD – irrelevant questions and evidence about a complainant’s prior sexual behavior are prohibited unless they are asked to prove that someone other than the respondent committed the alleged misconduct or are offered to prove the presence of consent.
- Cross-examination questions must first be shared between responding party and decision-maker, who will approve or disapprove use of the question(s). The decision-maker will explain to the respondent why the question is not relevant or violates the Rape Shield.
- Witnesses may decline cross examination entirely or may decline to answer specific cross examination questions.
- If a party or witness declines cross-examination, the decision-maker must not rely on statements of that party or witness in making a decision; provided, however, the decision-maker cannot draw an inference using the party’s absence from the live hearing or their refusal to answer cross-examination questions.
- The same procedure is for the complainant is repeated for the respondent, through the respondent’s advisor
- Witnesses and evidence.
- Cross examination
- Closing the Live Hearing
After both parties have had equal opportunity to challenge evidence and witness input, the decision-maker offers each party an opportunity for summary closing statements.
- The decision-maker may make any closing statements they feel are appropriate.
- The decision-maker departs.
- The Title IX Coordinator/Deputy Coordinator, as appropriate, advises parties the live hearing has concluded and advises both parties will be notified simultaneously of the decision-maker’s determination.
- The Title IX Coordinator/Deputy Coordinator, as appropriate, dismisses the parties.
- Post Hearing Actions
- The Title IX Coordinator/Deputy Coordinator, as appropriate, retrieves the live hearing recording and any remaining evidence.
- The Title IX Coordinator/Deputy Coordinator, as appropriate, sends a copy of the live hearing recording to the decision-maker.
- The decision-maker renders a decision within a reasonable timeframe, usually as soon as possible, and notifies the Title IX Coordinator/Deputy Coordinator, as appropriate, regarding the allegations, including the following statements, as appropriate, for each allegation:
- The respondent is, more likely than not, RESPONSIBLE.
- Specific allegations are identified.
- Specific College policy related to the allegations.
- The respondent is, more likely than not, NOT RESPONSIBLE for all or a portion of the allegations.
- The decision-maker is unable to determine responsibility based on a preponderance of the evidence.
- The respondent is, more likely than not, RESPONSIBLE.
Sec 7C-4 Notification of Live Hearing Results and Further Proceedings (appeals)
- Notification of Live Hearing Results
Within a reasonable period, usually as soon as possible, after receiving the decision-maker’s findings, the Title IX Coordinator/Deputy Coordinator, as appropriate, will prepare and simultaneously send both parties and their respective advisors a Notice of Results containing:
- Brief review of the complaint.
- Reference to the live hearing.
- The decision-maker’s findings of all allegations, listing each allegation and the corresponding finding separately.
- If the decision-maker finds the respondent responsible for any of the allegations, then the decision-maker will address the complainant’s requested remedies and sanctions, including:
- The decision-maker’s opinion on relevance and appropriateness of complainant’s requested remedies.
- The decision-maker’s opinion that the remedies requested are or are not focused on the complainant’s access to educational programs and activities.
- Proposed sanctions or continuing supportive services no longer need not be equitable between parties, but can now favor the complainant.
- Lack of Objection to the Findings
If neither the complainant nor the respondent objects, in writing, to the investigative findings within 5 business days of receiving the notice of those findings, the investigative report’s
findings and the proposed resolution shall be final and binding.
- Further Proceedings (Appeals)
The notice of results will also provide the parties and their respective representatives with information on appealing the decision-maker’s findings through further proceedings.
- Right to Further Proceedings/Review of Findings
The parties to a complaint may initiate further proceedings, within 5 business days of
receiving the notification of findings if a party is not satisfied with the findings of the College’s investigation. The further proceedings request must be in writing and is submitted to the Title IX Coordinator. The requesting party must state one of the following justifications supporting the need for further proceedings:
- There is new evidence that could have affected the decision that was not reasonably known prior to the issuance of the notification of findings.
- The investigation or findings exhibited prejudice, bias, or other unfair treatment that affected the outcome of the case.
- The institution’s stated policies and procedures were not followed.
- Rights of parties during Further Proceedings
The Title IX Coordinator will inform the opposing party of the further proceedings request within a reasonable timeframe, usually within 5 business days, of receiving the request, and will afford the opposing party the opportunity to submit, within a reasonable timeframe, usually 5 business days, a written response to the request for further proceedings.
- Decision of the Executive Vice President
- The Executive Vice President will review the original complaint, the investigative process and report, the notification, and the party’s request for further proceedings.
- The Executive Vice President may schedule meetings, as needed, with any party or advisor, to arrive at a decision to either uphold the investigation’s findings and remedies, or overturn all or a portion of the findings or remedies.
- If personal appearances, evidence, and witness statements are granted to the requesting party during the further proceedings process, equitable opportunity, under a reasonable timeframe, usually 5 business days, will be granted to the opposing party.
- The Executive Vice President will issue a final decision in the matter within 30 days of receiving the request for further proceedings.
- The Executive Vice President’s decision is final. The Executive Vice President, or designee, will inform both parties, in writing, of the Executive Vice President’s decision. Once the requesting party is notified of the Executive Vice President’s final decision, all administrative actions have been exhausted.
Sec. 7C-5. Sanction Officials and Risk Management Notifications
- Faculty/Staff/Employee Sanctions for Violations of this Policy
- In accordance with the College’s policies and procedures, the College may impose sanctions such as verbal reprimands, mandatory enrollment in seminars pertaining to prohibited discrimination and sexual harassment issues, written reprimands, demotions, suspensions without pay, and termination of employment. Referral to law enforcement may be appropriate as set out in section 7.1.C.1. above or as required by law.
- The Title IX Coordinator/Deputy Coordinator, as appropriate, will notify the department Vice President of the matter, along with recommended sanctions imposed by the decision-maker and, if appropriate, upheld by the Appellate Authority.
- Student Sanctions for Violations of this Policy
- The Title IX Coordinator/Deputy Coordinator, as appropriate, will notify the Director, Service Learning and Student Conduct of the matter, along with the sanctions imposed by the decision-maker, and when appropriate, the outcome of the further proceedings process.
- The Director, Service Learning and Student Conduct is responsible for ensuring the sanctions imposed are properly executed and notification of the completion of sanctions is provided to the Title IX Coordinator within a reasonable timeframe.
- In accordance with the College’s student disciplinary procedures, the College may impose sanctions such as verbal reprimands, mandatory enrollment in seminars pertaining to prohibited discrimination and sexual harassment issues, written reprimands, dismissal from class and/or other College activities, suspension, or expulsion, depending upon the severity of the act.
- Referral to law enforcement may be appropriate as set out in section 7.1.C.1. above or as required by law.
- Risk Management Notification
Unless unusual or complex circumstances exist, the Title IX Coordinator/ Deputy Title IX Coordinator, as appropriate, shall
complete and distribute a final summary of the complaint and outcome to:
- College President.
- General Counsel.
- Oklahoma Management Enterprise Services (OMES) Risk Management Office.
Sec. 7C-6. Title IX and Other Key Higher Ed Compliance Guidance
- Title IX and The Clery Act
In addition, the College is subject to the federal Clery Act, which requires that “both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense.” Compliance with this requirement does not constitute a violation of FERPA. Furthermore, the FERPA limitations on re-disclosure of information do not apply to information that the College is required to disclose under the Clery Act. Accordingly, the College may not require a complainant to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the re-disclosure of this information.
- Title IX and FERPA
- The Family Educational Rights and Privacy Act (FERPA) generally prohibits the nonconsensual disclosure of personally identifiable information from a student’s educational record. However, FERPA permits the College to disclose to a harassed student information about the sanction imposed upon a student who was found to have engaged in harassment when the sanction directly relates to the harassed student. This information includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or that the harasser transferred to other classes or another residence building. Disclosure of other information in the accused student’s “education record,” including information about sanctions that do not relate to the harassed student, may result in a violation of FERPA.
- When harassing conduct involves a crime of violence or a non-forcible sex offense, FERPA permits the College to disclose to the alleged victim the final results of a disciplinary proceeding against the alleged perpetrator, regardless of whether the College concluded that a violation was committed. Additionally, the College may disclose to anyone – not just the alleged victim – the final results of a disciplinary proceeding if it determines that the student is an alleged perpetrator of a crime of violence or a non-forcible sex offense, and, with respect to the allegation made, the student has committed a violation of the College’s rules or policies.
- Title IX and the EEOC
- The Title IX Coordinator, or their designee, shall complete the investigative report within 90 days of the filing of a formal written complaint and within that time will distribute the report and make the notifications described above.
- The complainant also has the right to file a complaint with the EEOC or state agency where the case is within the jurisdiction of that agency.
- Title IX and Rose State College Prohibition of Retaliation
Consistent with the law and this policy, the College prohibits retaliation, intimidation, threats,
coercion, or discrimination against any person for opposing discrimination, including
harassment, or for participating in the College’s discrimination complaint process or making a
complaint, testifying, assisting, or participating in any manner, in an investigation, proceeding, or
hearing. Any attempt to retaliate against a person for filing a complaint or participating in the
investigation of a complaint may be treated as a separate violation of this policy.
The prohibition of retaliation applies to the entire Grievance Procedure, from notice, to complaint, through the investigation and live hearing, post decision actions, execution of sanctions and future interaction of the parties.
Sec. 7C-7. Records Retention
A confidential file of all materials, including the complaint, interview and investigation notes
and records relating to the investigation of the complaint will be maintained by the Title IX Coordinator/Deputy Coordinator, as appropriate. The Title IX Coordinator, or a Deputy Title IX Coordinator, as appropriate, will be the only persons who have access to the file. The file will then be handled in a manner consistent with applicable state and federal guidelines for maintaining records for this type of complaint. Nothing will be placed in the accused person's official College files, including employment, contract or student records, unless disciplinary action is taken against the person. All records complaining to the complaint cannot be destroyed for at least 7 years.