Resources for Responding Parties
What information will I receive about the complaint?
You will receive a letter from the Title IX Office notifying you about the complaint. That letter will tell you:
- The specific policy violation alleged
- Date(s) of the alleged policy violation(s)
- Location(s) of alleged policy violation(s)
- Brief description of allegation(s)
This letter will also invite you to a meeting with the Title IX Coordinator.
What happens during the meeting with the Title IX Coordinator?
The Title IX Coordinator will explain the College disciplinary process and your rights during the meeting. The Coordinator will discuss any changes to your courses that may be necessary during the process. The Coordinator will also discuss the availability of interim measures, such as academic flexibility requests, changes to your schedule, or other steps to assist you during the complaint resolution process.
You have a right to have an advisor of your choice present during this meeting.
What does the advisor do during the process?
The role of the advisor is to offer support during the investigation process. The advisor can provide mental and emotional support and take notes during the interview. The advisor may not speak on your behalf or interfere with the interview in any way.
How long does the initial meeting with the Title IX Coordinator take?
Although each case is unique, the initial meeting generally takes approximately one hour.
What happens during the interview with the investigator?
Often there will be two people present during the interview. One, the investigator, will be primarily responsible for asking questions. The second person will serve as a witness and take notes during the interview. The investigator will ask for a detailed description of what occurred. They will also request the names of witnesses and other evidence that you might have, such as text messages, emails, or photos.
You have the right to have an advisor of your choice present during the interview.
After Your Meeting:
What happens after the interview with the Title IX Coordinator?
After the interview, an investigator will be assigned to your complaint. Once an investigator is assigned, they will contact you to schedule an interview. The investigator may be the Title IX Coordinator, another trained Gavilan College employee, or an outside investigator. The investigator will interview you and all available witnesses.
What happens after my interview with the investigator?
After your interview, the investigator will draft an interview summary. You will have the opportunity to review the summary and submit any corrections or other comments.
Privacy Practices:
Who will be informed about the complaint?
The Title IX office only shares information on a need-to-know basis with those involved in the investigation and resolution of the complaint.
If I am a student, will my professors know about the complaint?
Your instructors will only learn about your complaint if their participation is absolutely necessary in the investigation and resolution process. The Title IX office will make every effort to protect your privacy. For example, often complainants request interim academic measures such as extensions on assignments and rescheduled exams.
If I am an employee, will my supervisor or co-workers know about the complaint?
Information about your complaint will not be shared with your supervisor or coworkers unless doing so is necessary for the investigation. For example, your supervisor may need to be informed about your complaint if you request interim measures such as adjustments to your work schedule or working conditions. A coworker may be informed of your complaint if he or she is a witness for the investigation. In all circumstances, the Title IX team will work to maintain your privacy to the greatest extent possible.
Common Legality Inquires:
Will there be a hearing?
Complaints of student to student discrimination or misconduct may go to a hearing. If, after completing a thorough investigation, the Title IX Coordinator finds it is more likely than not that the responding party violated college policies, the responding party may be referred to a disciplinary hearing as described in the Student Rights and Responsibilities Handbook.
Complaints involving college employees do not go to a hearing. In these cases, the Director of Human Resources & Labor Relations will render an administrative finding based on the investigator's final report.
Do I have a right to appeal the decision?
If either party is not satisfied with the results of the administrative determination, he/she may submit a written appeal to the Board of Trustees within 15 days of receiving notice of a final determination. The Board will review the original complaint, the investigative report, the administrative decision, and the appeal. The Board will then issue a final decision within 45 days of receiving the appeal request. All parties are included in any appeal reconsideration and have equal rights of participation. There is only one level of appeal. All appeals determinations made by the Board of Trustees are final.
How long will the entire process take?
The length of the process depends on the facts of each case – for example, the number of witnesses, any college breaks, etc. – but the process should generally take 90 days or less.
Where can I learn more about Gavilan College Policies and Procedures?
All of Gavilan College’s Board Policies and Administrative Procedures are available on BoardDocs. You can find direct links to the policies and procedures relating to sexual misconduct and gender-based discrimination here:
Title IX Board Policies (BP) and Administrative Procedures (AP) :
Nondiscrimination
Prohibition of Harassment
Discrimination and Harassment Complaints and Investigations Sexual and Other Assaults on Campus
Standards of Student Conduct
Student Rights and Grievances