If You Have Been Accused
There are campus resources available to:
- Explain your rights
- Accuser and accused must have the same opportunity to have others present.
- Both parties shall be informed of the outcome of any disciplinary proceeding.
- Explain the investigation and adjudication process.
- Connect you to campus and community resources, such as counseling and legal services
There are people and resources available. These people are not bound by confidentiality.
Carl Erwin- Svoboda
Title IX Coordinator
- Do not contact the Claimant. You must contact the Title IX Office, which will explain the college’s procedures for addressing sexual misconduct complaints.
- If you are a student at Grays Harbor College and you have been accused of sexual harassment, sexual violence or other gender-based harassment it is important you read the following information. Although not intended to be a comprehensive explanation of your options and rights, this information may be useful to you.
- Sexual harassment, sexual violence and other gender-based harassment occurring in the College setting implicates a federal law called Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities and which triggers certain responsibilities on the part of the College. The Colleges Title IX Coordinator can be contacted at 360-538-4121 or at email@example.com.
- The College is committed to maintaining a positive learning and working environment. The College will not tolerate acts of sexual harassment or sexual violence or related retaliation against or by any employee or student. When sexual harassment or sexual violence has occurred and is brought to the attention of a responsible employee, steps will be taken to end the harassment or violence, prevent its reoccurrence, and address its effects.
- Within the College’s processes, the person making the allegations is referred to as the Complainant or Reporting Party. The person who the allegations have been made against is referred to as the Respondent. A Complainant who wishes to report sexual harassment, sexual violence or other gender-based harassment may report their complaint directly to Human Resources, Campus Security, the Title IX Coordinator, or other campus officials. A Complainant may also report directly to law enforcement. A Complainant may pursue both the campus process through the Title IX Coordinator and the criminal process simultaneously. In addition, students may file a Title IX complaint with the Office for Civil Rights of the U.S. Department of Education. The Title IX Coordinator has the authority to address complaints of sexual harassment and sexual violence in a non-criminal context. This campus process is completely separate from the criminal process.
- The campus Title IX Coordinator will review the allegations and determine an appropriate course of action. Some cases can be handled informally and outside of the formal investigative process. For cases that result in an investigation, those investigations are conducted by individuals who have received specialized training in those types of investigations. All investigations will be conducted in a thorough and neutral manner.
- 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, in order to ensure campus safety.
- In the College’s process, the Complainant and Respondent will not be permitted to directly question each other and are not required to be present together at any point. Both the Complainant and a Respondent have the right to identify witnesses and provide other information relevant to the investigation. The College will decide the case based on the preponderance of the evidence standard (whether or not it is more likely than not that the conduct occurred).
- In most cases, the College will not wait until a criminal case is resolved before proceeding with the case. In addition, if a College official has a reasonable belief that a crime has been committed, she or he may be obligated to report that to law enforcement if police have not already been notified. In cases where a police investigation has been conducted or is being conducted, law enforcement may be able to provide some information to the Title IX Coordinator with the victim’s consent. The College’s fact-finding investigation may be delayed for a short period of time upon a request from law enforcement but will be resumed as soon as possible. Most sexual violence or sexual harassment investigations conducted through the Title IX Office attempt to be resolved within 60 days, depending on the complexity of the case and the number of parties involved. The College will keep the Complainant advised as to the status of the case as the Complainant desires and as is reasonable. The Complainant will be informed of the outcome of the case in writing.
- Since the college’s primary concern is student safety, lesser alcohol and drug violations by a Complainant may be handled informally. If a Complainant is underage and reports a sexual assault incident where alcohol and drugs were used, the Complainant will not get in trouble. The use of alcohol or other drugs never makes the victim at fault for sexual violence. An individual accused of sexual misconduct does not avoid or mitigate responsibility because s/he was under the influence of alcohol or other drugs.
- The College will take interim steps to protect the Complainant and Respondent while the case is pending. Depending on the case and the Complainant’s wishes, these steps may include class changes; ordering the Respondent to not have contact with the Complainant; excluding a Respondent from parts of campus; or providing an escort to accompany the Complainant while on campus. Some of these actions may also be remedies in those cases resulting in a finding of a policy violation.
- The College prohibits retaliation in any way against an individual or group because the individual or group has reported an allegation of sexual harassment or sexual violence or has participated in a grievance proceeding in response to such an allegation. The College recognizes retaliation can take many forms, may be committed by an individual or group against an individual or group, and that a Respondent can also be the subject of retaliation. The College will take prompt and responsive action to any report of retaliation and may pursue disciplinary or other action as appropriate. Be mindful of your actions and behavior and avoid all direct and indirect contact with the Complainant until the matter is resolved.
- College employees must refer reports of sexual harassment, sexual violence, or other gender-based harassment to the Title IX Coordinator. The exceptions to reporting are Health Services’ Family Nurse Practitioners and Licensed Therapists; designated counselors in the Student Support Center.