In cases where a claim of discrimination or sexual misconduct has been stated, the Title IX Coordinator shall immediately communicate, or attempt to communicate, with the Complainant to determine and implement interim/protective measures to the extent necessary.
Garcia, Civil Rights & Title IX Coordinator, Office of the President, 100 Campus Drive, Dover, DE 19904, (302) 857-1903 [email protected] The Civil Rights Coordinator/Title IX Coordinator (“Title IX Coordinator”) will be responsible for overseeing the prompt, fair and impartial investigation and resolution of reports of discrimination and sexual misconduct to the College.
Upon receipt of a complaint, the Title IX Coordinator shall make an initial determination regarding whether or not the complaint states a claim of discrimination or sexual misconduct; provided, however, that no determination that a complaint fails to state a claim for discrimination or sexual misconduct shall be made without first speaking with the Complainant.
If the parties are unable to resolve the complaint through mediation, then the Review Officer shall immediately begin his or her investigation. Notwithstanding the foregoing, neither party may use an advisor for the purpose of obstructing the investigation, intimidating a party or witness, or creating a legitimate fear of retaliation in the other party. An advisor may educate the Complainant or Respondent in regard to the process and may advise the Complainant or Respondent of their rights and options at each stage of the proceedings. The Review Officer shall contact the Complainant and the Respondent to schedule separate initial meetings as soon as practicable after his or her appointment or, if mediation was offered, after it was declined or unsuccessful. The Review Officer shall investigate the complaint to determine whether, by a preponderance of the evidence, the alleged discrimination or sexual misconduct has occurred. The investigation shall include interviews with both parties involved in the complaint, whenever possible, and/or may include interviews with individuals who may have observed the alleged discrimination or misconduct or may have relevant knowledge of the incident.
They may actively participate in any stage of the proceedings unless otherwise specified by the Review Officer. An advisor shall not have the right to conduct direct or cross examination of either parties’ witnesses or the parties themselves. The advisor may address the Review Officer, Title IX Coordinator or the Discrimination/Sexual Misconduct Review Committee on behalf their advisee at appropriate times during each meeting or proceeding. The College shall not cancel, postpone, delay or reschedule a meeting or hearing solely because an advisor is unavailable to be present, unless good cause is shown. An advisor may be removed from any meeting or proceeding if he or she engages in conduct prohibited herein; refuses to abide by the instructions of the Review Officer, Title IX Coordinator or Discrimination/Sexual Misconduct Review Committee; is disruptive to the meeting or proceeding; or is disrespectful to any other participant in an investigation, meeting or hearing. The advisor may not attend any meeting or proceeding without his or her advisee present, unless the advisee expressly authorizes the advisor to act as proxy on his or her behalf and consents to the disclosure of their records to the advisor. The College does not offer or provide advisors or legal representation in any meeting or proceeding in which one party has an advisor or legal representation and the other party does not. If, at any point during the complaint, investigative, or disciplinary process, the Title IX Coordinator deems it necessary for the protection of any member of the College community, the Title IX Coordinator may institute interim/protective measures on behalf of the Complainant, the Respondent, or any witness involved in the complaint. For good cause shown, and upon approval from the Title IX Coordinator, the Review Officer may obtain additional time to conduct the initial meetings. The investigation may also include interviews with experts, where applicable. The Review Officer shall submit to the Title IX Coordinator a written investigative report with his or her findings and conclusions of whether, by a preponderance of the evidence, discrimination or sexual misconduct has occurred.
The Title IX Coordinator, or his or her designee, shall provide written notice to the parties of the date, time, and place for the Review Committee hearing.
Such notice shall also include a summary of the rules governing how the hearing will be conducted.The College has designated a Civil Rights Coordinator, who serves as the College’s Title IX Coordinator and the College’s ADA/Section 504 Coordinator, to carry out its commitment to equal opportunity and nondiscrimination.Inquiries or complaints by students or employees regarding the College’s nondiscrimination policies may be addressed to: Christina M.Formal rules of evidence or procedure shall not apply to a discrimination/sexual misconduct hearing, but the Review Committee/Hearing Officer may exclude plainly irrelevant or repetitive evidence.No stenographic record or audio or video recording of the hearing may be made.Where a recommendation is rejected, the Campus Director or Vice-President shall then determine what sanctions should be taken and the reasons for taking such sanctions, which may be greater or less than the sanctions recommended. Every reasonable effort shall be made to conclude the investigation and resolve the complaint within sixty (60) days following receipt of the complaint. The Review Officer, Title IX Coordinator, or anyone having possession of any work product relating to the complaint shall not disclose, distribute, copy or transfer said work product to the parties or any third party.