Complainant FAQs - Title IX

Title IX

Complainant FAQ

FAQ for Complainants on the Title IX Resolution Process

A Complainant is an individual who alleges he/she/they is the victim of conduct
that could constitute sexual harassment.

A Respondent is an individual reported to be the perpetrator of conduct that
could constitute sexual harassment.


Frequently Asked Questions

You may file a formal complaint with the Title IX Coordinator in person, by mail, or by email. The Title IX Coordinator will contact you to explain the College disciplinary process. The Title IX Coordinator will ask you to briefly explain what happened (who, what, when, where). The Title IX Coordinator will discuss the availability of supportive measures such as academic flexibility requests or relevant resources to assist you during the resolution process.

You have the right to have an advisor of your choice present during this meeting.

Although each case is unique, generally the initial meeting takes approximately one hour.

After the interview, the Title IX Coordinator will discuss your options including whether or not you would like to file a formal complaint. The Title IX Coordinator will also discuss supportive measures available to you. 

Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice. If a Party does not have an Advisor at the time of the hearing (if applicable), the District must provide the Party an Advisor of its choice, free of charge. The District may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.

The Title IX office shares information on a need-to-know basis with those involved in the investigation and resolution of the complaint. Generally, this includes the Title IX Coordinator, Deputy Coordinator(s), investigators, and hearing officers. During the formal complaint resolution process, the accused person (Respondent) and witnesses will be informed about the complaint.

Some Complainants request interim academic measures such as extensions on assignments and rescheduled exams (if appropriate) during the resolution process. The Title IX Coordinator may need to make minimal details available to accommodate such requests. The Title IX Coordinator will discuss this with a Complainant before initiating contact with a professor. 

The changes to the Title IX regulations in 2020 changed the formal Title IX resolution process to include a hearing. Although elements of the regulations (including elements of the hearing) have been challenged in court, with some elements being vacated, a formal hearing is currently required. The Title IX Coordinator can discuss any legal updates that may impact this requirement.
The short answer is yes. 

The following language regarding appeals under Title IX comes from AP 3434:

Appeal of Dismissal of a Formal Complaint or of the Determination of Responsibility

A Complainant or Respondent may appeal the District’s determination regarding responsibility or the dismissal of a formal complaint or any allegations. A Complainant or Respondent must
submit a written appeal within 5 business days from the date of the notice of determination regarding responsibility or from the date of the District’s notice of dismissal of a formal complaint or any allegations.

Grounds for Appeal

The Title IX Coordinator will appoint someone to serve as the Decision-Maker on Appeal. In filing an appeal of the District’s determination regarding responsibility or the District’s dismissal of a formal complaint, the Party must state the grounds for appeal and a statement of facts supporting those grounds. The grounds for appeal are as follows:

• A procedural irregularity affected the outcome;

• New evidence was not reasonably available at the time the District’s determination regarding responsibility or dismissal was made, and this new evidence could affect the outcome; or

• The District’s Title IX Coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual
Complainant or Respondent that affected the outcome.

The Title IX Coordinator can assist you even if you choose not to go through the formal complaint process. The Title IX Coordinator can arrange supportive measures such as academic flexibility, referrals to counseling, physical safety measures, and other steps to assist you in achieving your educational objectives.

 

Contact Us

Curtis Pahlka

Title IX Coordinator

530-893-7487

pahlkacu@v-lanterna.com

Content Editor:
Curtis Pahlka
530-893-7487