Title IX Sexual Harassment Complaint Procedures
A. INTRODUCTION
Jefferson State Community College is committed to providing
a workplace and campus community free of sexual misconduct and harassment. As required by Title IX of the Education
Amendments of 1972, the College does not discriminate on the
basis of sex in its education programs and activities. This includes
discrimination affecting employees of the college and applicants for
employment, students and applicants for admission, or members of the public.
All members of the College community are expected to conduct themselves in a
manner that does not infringe upon the rights of others, whether on college
premises or at any College owned off campus location and while participating in
any educational program or activity of the College.
Sexual harassment, which includes sexual misconduct and
sexual assault, is a form of sex discrimination which is prohibited under Title
IX of the Education Amendments of 1972 and the Violence Against Women Act. This
policy is intended to reaffirm the College’s commitment to address sexual
harassment and take steps to prevent its reoccurrence and preserve or restore
equal access to the College’s education programs and activities. Dating violence, domestic violence, and
stalking may also be considered forms of sexual discrimination. Due to the
seriousness of these offenses, the College has adopted specific policies and
procedures, outlined in the Student Handbook, employment policies, and
https://www.jeffersonstate.edu/titleix/ to address alleged instances of sexual
harassment, sexual misconduct, sexual assault, dating violence, domestic
violence, and stalking. The College believes that no person should bear the
effects of sexual harassment alone. When such conduct occurs, the College’s
paramount concern is for the safety and well-being of those impacted. To
support and assist students, the College provides a range of resources that
include a trained counselor.
Under Title IX, individuals reporting allegations related to
sexual harassment and/or sexual violence, have the right to a resolution of
their complaint, to have the college conduct a prompt, thorough and impartial
investigation, and to receive supportive measures to ensure the safety and
wellbeing of the individuals involved and the college community.
When allegations of sexual harassment and/or sexual violence
in any form are brought to the attention of the Title IX Coordinator, and if a
responding party is found to have violated this policy, serious sanctions will
be used to prevent its reoccurrence. Jefferson State Community College does not
tolerate or condone retaliation. Individuals wishing to report reporting sexual
harassment and/or sexual violence and/or to make inquiries concerning the
application of Title IX at the College may contact:
Dr. Mike Hobbs, PhD
Vice President for Student Affairs
Title IX Coordinator
207 Allen Library
2601 Carson Road
Birmingham, Alabama 35215
Phone: (205) 856-8543
Email: [email protected]
Mr. Shain Wilson
Director of Human Resources
111 George Wallace Hall
2601 Carson Road
Birmingham, Alabama 35215
Phone: (205)856-8598
Email:
[email protected]
and/or
Assistant Secretary
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC
20202-1100
Telephone:
800-421-3481
Fax: 202-453-6012;
TDD: 800-877-8339
Email: [email protected] (mailto:
[email protected])
Information regarding the Title IX Coordinator and their
role will be provided to all faculty, staff, students, applicants for
admissions, and applicants for employment. Also, this information is available
on the College website https://www.jeffersonstate.edu/titleix/ under the Title
IX webpage.
POLICY
The U.S. Department of Education’s Office for Civil Rights
(OCR) enforces, among other statutes, Title IX of the Education Amendments of
1972. Title IX protects people from discrimination based on sex in education
programs or activities that receive Federal financial assistance. Title IX
states that:
“No person in the United States shall, on the basis of sex,
be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any education program or activity receiving Federal
financial assistance.”
B. DEFINITIONS
RELATING TO SEXUAL HARASSMENT
Many terms are used in the context of sexual harassment. The
following will provide some common definitions and examples.
Actual knowledge: The notice of sexual harassment or
allegations of sexual harassment to the Title IX Coordinator or any official of
the College who has authority to institute corrective measures of behalf of the
College shall be deemed actual knowledge on the part of the College.
Complainant: is an individual who is alleged to be the
victim of conduct that could constitute sexual harassment. For the purposes of this procedure a
Complainant may be an individual applying for admission or employment, an
employee, a student or an individual otherwise participating in or attempting
to participate in the College’s education programs and activities.
Respondent: is an individual who has been reported to be the
perpetrator of conduct that could constitute sexual harassment.
Formal complaint: is a document filed by the complainant or
signed by the Title IX Coordinator alleging sexual harassment against a
respondent and requesting that the College investigate the allegation of sexual
harassment. Note: At the time of filing a formal complaint, a complainant must
be participating in or attempting to participate in an educational program or
activity of the College at which the formal complaint is filed.
Consent: “Consent” must be informed, voluntary, and mutual
and can be withdrawn at any time. There is no consent when there is force,
expressed or implied, or when coercion, intimidation, threats, or duress is
used. Whether or not a person has taken advantage of a position of influence
over another person may be a factor in determining consent. Silence or absence
of resistance does not imply consent. Past consent to sexual activity with
another person does not imply ongoing future consent with that person or
consent to that same sexual activity with another person.
Incapacitation: An individual who is incapacitated is unable
to give consent to sexual contact. States of incapacitation include sleep,
unconsciousness, intermittent consciousness, intoxication, or any other state
where the individual is unaware that sexual contact is occurring or is
otherwise unable to give informed and voluntarily consent. Incapacitation may
also exist because of a mental or developmental disability that impairs the
ability to consent to sexual contact. Example: A person who is taking pain
medication and falls asleep under the influence of the medication can be
incapacitated and not be able to give consent to sexual contact.
Sexual Misconduct: Committing sexual abuse, sexual assault,
sexual harassment, sexual exploitation, or statutory rape, as defined below or
under Alabama state law.
Harassment: The striking, shoving, kicking, or otherwise
touching or making physical contact in regard to another for the purpose of
harassing, annoying or alarming; and/or directing abusive or obscene language
or making an obscene gesture toward someone for the purpose of harassing,
annoying, or alarming. Example: Making or using persistent derogatory comments,
epithets, or slurs that place a person in a hostile or fearful environment or
where the person’s safety is in jeopardy.
Sexual harassment: Conduct on the basis of
sex that satisfies one or more of the following:
• A school
employee conditioning education benefits on participating in unwelcome sexual
conduct (i.e. quid pro quo);
• Unwelcomed
conduct that a reasonable person would determine is so severe, pervasive, and
objectively offensive that it effectively denies a person equal access to the
school’s education program or activity; or
• Stalking,
dating violence, or domestic violence.
Definitions of Sexually Based Offenses
Sexual abuse in the first degree:
(a) A person commits the crime of sexual abuse in the first
degree if:
(1) He subjects another person to sexual contact by forcible
compulsion; or
(2) He subjects another person to sexual contact who is
incapable of consent by reason of being physically helpless or mentally
incapacitated.
(b) Sexual abuse in the first degree is a Class C felony
(Alabama Code 13A-6-66).
Sexual abuse in the second degree:
(a) A person commits the crime of sexual abuse in the second
degree if:
(1) He subjects another person to sexual contact who is
incapable of consent by reason of some factor other than being less than 16
years old; or
(2) He, being 19 years old or older, subjects another person
to sexual contact who is less than 16 years old, but more than 12 years old.
(b) Sexual abuse in second degree is a Class A misdemeanor,
except that if a person commits a second or subsequent offense of sexual abuse
in the second degree within one year of another sexual offense, the offense is
a Class C felony (Alabama Code 13A-6-67).
Rape in the first degree:
(a) A person commits the crime of rape in the first degree
if:
(1) He or she engages in sexual intercourse with a member of
the opposite sex by forcible compulsion; or
(2) He or she engages in sexual intercourse with a member of
the opposite sex who is incapable of consent by reason of being physically
helpless or mentally incapacitated; or
(3) He or she, being 16 years or older, engages in sexual
intercourse with a member of the opposite sex who is less than 12 years old.
(b) Rape in the first degree is a Class A felony (Alabama
Code 13A-6-61).
Rape in the second degree:
(a) A person commits the crime of rape in the second degree
if:
(1) Being 16 years old or older, he or she engages in sexual
intercourse with a member of the opposite sex less than 16 and more than 12
years old; provided, however, the actor is at least two years older than the
member of the opposite sex.
(2) He or she engages in sexual intercourse with a member of
the opposite sex who is incapable of consent by reason of being mentally
defective.
(b) Rape in the second degree is a Class B felony (Alabama
Code 13A-6-62).
Sodomy in the first degree:
(a) A person commits the crime of sodomy in the first degree
if:
(1) He engages in deviate sexual intercourse with another
person by forcible compulsion; or
(2) He engages in deviate sexual intercourse with a person
who is incapable of consent by reason of being physically helpless or mentally
incapacitated; or
(3) He, being 16 years old or older, engages in deviate
sexual intercourse with a person who is less than 12 years old.
(b) Sodomy in the first degree is a Class A felony (Alabama
Code 13A-6-63).
Sodomy in the second degree:
(a) A person commits the crime of sodomy in the second
degree if:
(1) He, being 16 years old or older, engages in deviate
sexual intercourse with another person less than 16 and more than 12 years old.
(2) He engages in deviate sexual intercourse with a person
who is incapable of consent by reason of being mentally defective.
(b) Sodomy in the second degree is a Class B felony (Alabama
Code 13A-6-64).
Domestic Violence:
Includes felony or misdemeanor crimes of violence committed
by a current or former spouse of the victim, by a person with whom the victim
shares a child in common, by a person cohabitating with or has cohabitated with
the victim as a spouse, or by any other person against an adult or youth victim
who is protected from that person's acts under the domestic or family violence
laws of the jurisdiction (34 U.S.C.12291(a)(8).
In Alabama, domestic violence includes felony and
misdemeanor crimes of violence committed by a current or former spouse, parent,
child, any person with whom the defendant has a child in common, a present or
former household member, or a person who has or had a dating or engagement
relationship with the defendant (Alabama Code Section 13A, Article 7 Domestic
Violence in 1st, 2nd, and 3rd Degrees).
Dating Violence:
Means violence committed by a person –
(a) Who is or has been in a social relationship of a
romantic or intimate nature with the victim; and
(b) Where the
existence of such a relationship will be determined based on a consideration of
the following factors:
• The
length of the relationship,
• The type
of relationship,
• The
frequency of interaction between the persons involved in the relationship (34
U.S.C.12291(a) (10).
In Alabama, dating violence is covered under Alabama Code
Section 13A, Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees.
Stalking:
Means engaging in a course of conduct directed at a specific
person that would cause a reasonable person to a) fear for his or her safety or
the safety of others; or b) suffer substantial emotional distress 34
U.S.C.12291(a)(30).
In Alabama, stalking is when a person intentionally and
repeatedly follows or harasses another person and who makes a threat, either
expressed or implied, with the intent to place that person in reasonable fear
of death or serious bodily harm (13A-6-90 Stalking in the first degree) or a
person who, acting with an improper purpose, intentionally and repeatedly
follows, harasses, telephones, or initiates communication, verbally,
electronically, or otherwise, with another person, any member of the other
person's immediate family, or any third party with whom the other person is
acquainted, and causes material harm to the mental or emotional health of the
other person, or causes such person to reasonably fear that his or her
employment, business, or career is threatened, and the perpetrator was
previously informed to cease that conduct (Section 13A-6-91 Stalking in the
second degree).
Sexual assault:
Means an offense classified as a forcible or nonforcible sex
offense under the uniform crime reporting systems of the Federal Bureau of
Investigation 20 U.S.C.1092 (f)(6)(A)(v).
Victims Option to Report
Students and employees who are victims of crime including
rape, acquaintance rape, domestic violence, dating violence, sexual assault, or
stalking, are encouraged by the College to report but do have the option not to
report the incident to campus law enforcement, or local law enforcement. In
those cases, the victim may still seek assistance confidentially from:
Resources for Sexual Assault Victims in Jefferson County and
St. Clair County
Birmingham Crisis Center (Rape Response) is available for
victims of sexual abuse 24 hours a day, 7 days a week. Services provided by
Rape Response include mental health counseling and evidence collection. Services are available to victims whether or not the victim decides to contact law
enforcement. All services are free and confidential.
Phone
number: 205-323-7777
Address: 3600 8th Avenue
South
Birmingham,
Alabama 35222
Resources for Sexual Assault Victims in Shelby County and
Chilton County
Safe Shelby (Rape Response) is available for victims of
sexual abuse 24 hours a day, 7 days a week. Services provided by Rape Response
include mental health counseling and evidence collection. Services are available to victims whether or not the victim decides to contact law
enforcement. All services are free and confidential.
Phone
number: 205-669-7233
Address: P.O.
Box 620
Columbiana,
Alabama 35051
Formal Complaint Process
A. INITIAL
STEPS
Any student or
employee of the College or applicant for employment or admission who has a
complaint against a student or a member of the College faculty, staff, or
administration concerning sexual harassment (Title IX of the Educational
Amendments of 1972) or has knowledge of any conduct constituting sexual
harassment in an educational program or activity of the College or which
occurred on property owned by the College or controlled by the College should
report the complaint to the campus Title IX Coordinator [link to Title IX
webpage]. An educational program or
activity of the College includes, but is not limited to locations, events or
circumstances over which the College exercised substantial control over both the
respondent and the context in which the sexual harassment occurs, and also
includes buildings owned or controlled by a student organization that is
officially recognized by the College.
B. REPORTING
A COMPLAINT
Any individual may report sexual harassment incident to
Title IX Coordinator in person, by email, by telephone, or in writing. The
report must include the names of the Complainant(s) and Respondent(s),
approximate date of incident, facts of the incident, and contact information
for the person submitting the complaint.
The Title IX Coordinator will respond in writing to the
person submitting the complaint as soon as practicable, but not exceeding five
(5) business days. If the person submitting the complaint is not the
Complainant, the Title IX Coordinator will also contact the Complainant within
five (5) business days.
If after a discussion with the Complainant, the Title IX
Coordinator determines that the complaint does not qualify as a Title IX
Complaint, the Title IX Coordinator will notify the Complainant in writing and
may redirect the Complaint to the appropriate committee.
If after a discussion between the Complainant and the Title
IX Coordinator, the Title IX Coordinator determines that the complaint meets
the criteria of a Title IX Complaint and the Complainant requests to file a
formal complaint, the Title IX Coordinator will initiate the formal complaint
process.
C. SUPPORTIVE
MEASURES
Supportive measures means non-disciplinary, non-punitive
individualized services offered as appropriate, as reasonably available, and
without fee or charge to the complainant or the respondent before or after the
filing of a formal complaint or where no formal complaint has been filed. Such
measures are designed to restore or preserve equal access to the College’s
education program or activity without unreasonably burdening the other party,
including measures designed to protect the safety of all parties or the
College’s educational environment, or deter sexual harassment. Supportive
measures may include counseling, extensions of deadlines or other
course-related adjustments, modifications of work or class schedules, campus
escort services, mutual restrictions on contact between the parties, changes in
work or housing locations, leaves of absence, increased security and monitoring
of certain areas of the campus, and other similar measures. The College must
maintain as confidential any supportive measures provided to the complainant or
respondent, to the extent that maintaining such confidentiality would not
impair the ability of the College to provide the supportive measures. The Title
IX Coordinator is responsible for coordinating the effective implementation of
supportive measures.
Supportive measures will be offered to the Complainant
within five (5) business days of receipt of the complaint.
Supportive measures will be offered to the Respondent
simultaneously with the Notice of Allegations.
D. Standard
of Evidence for Determining Responsibility
For the purposes of College Title IX procedures, the College
will use a “preponderance of evidence” standard for determining responsibility.
Preponderance of the Evidence means evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it; that is
evidence which as a whole shows that the fact sought to be proved is more
probable than not.
E. FORMAL COMPLAINT PROCESS
A formal complaint must be submitted in electronic (email)
or written format to the Title IX Coordinator and must be signed by the
Complainant. In the event that under the circumstances
a formal complaint should be pursued notwithstanding a Complainant’s desire not
to file a formal complaint, the Title IX Coordinator may sign the complaint.
The complaint must include the following:
• the date
of the original complaint,
• names of
Complainant and Respondent,
• facts and
description of the complaint, and
• the
request to investigate complaint.
A Complainant must be participating in or attempting to
participate in a College sponsored program or activity at the time the
complaint is filed.
F. DIMISSAL
OF FORMAL COMPLAINT
The College may dismiss a formal complaint or allegations
therein if:
• the Complainant
informs the Title IX Coordinator in writing that the Complainant desires to
withdraw the formal complaint or allegations therein,
• the
Respondent is no longer enrolled or employed by the school, or
• specific
circumstances prevent the school from gathering sufficient evidence to reach a
determination.
The College must dismiss a formal complaint or allegations
therein if:
• the
allegations do not meet the definitions of sexual harassment
• the
alleged conduct did not occur within the United States, or
• the
alleged conduct did not occur within a College sponsored program or activity.
If the College determines the formal complaint or
allegations therein will be dismissed, the Title IX Coordinator will provide
written notice to both parties of the dismissal of allegations, and the reason
for dismissal within five (5) business days of the decision to dismiss the
complaint.
G. NOTICE OF
ALLEGATIONS
The Title IX Coordinator will provide simultaneous written
notice of allegations, including sufficient details, and intent to investigate
to the Complainant and Respondent no later than ten (10) calendar days after
receipt of the formal complaint. The Title IX Coordinator will also provide
both parties with the formal complaint, grievance and appeal process, possible
sanctions and remedies, and availability of advisors. The written notice shall include a statement
that the respondent is presumed not responsible for the alleged conduct, that
the parties and their advisors may review and inspect evidence, and advise the
parties of the provisions of the College Code of Conduct relating to making
false statements or submitting false information during the grievance
process.
The Title IX Coordinator will additionally notify the Title
IX investigator of the pending investigation and provide a copy of the formal
complaint.
H. ADVISORS
In addition to providing the Complainant and Respondent with
written notice of allegations and intent to investigate, the Title IX
Coordinator will inform the parties of the availability of advisors. Both
parties shall have the right to retain, at the respective party's own cost, the
assistance of legal counsel or other personal
representative advisor. In the alternative, either or both parties may also
request an advisor provided by the College.
Only an advisor may conduct cross-examination during the
live hearing.
Neither party may dismiss a College appointed advisor.
I. INVESTIGATION
PROCEDURE
The Title IX investigator is responsible for conducting an investigation of the submitted formal
complaint. The Title IX investigator will have received Title IX investigator
training within the current academic year.
The burden of proof and the burden of gathering evidence
sufficient to reach a determination regarding responsibility rest on the
College and not on the parties.
The Title IX investigator will notify the Complaint and
Respondent in writing of the intent to investigate within five (5) business
days of receipt of the formal complaint and will commence interviews within ten
(10) business days or receipt of the formal complaint. The Title IX
investigator will notify the Complainant and Respondent and their respective
advisors in writing of all individuals the investigator intends to
interview.
Either party may identify other witnesses with relevant
information for interview or other evidence for review by the investigator.
The Title IX investigator will conduct a factual
investigation of the formal complaint and shall research applicable statutes,
regulations, and/or policies, if any. The Title IX investigator will notify any
interviewees in writing of the intent to interview. Interviewees will have at least
five (5) business days’ notice of an interview. Notice will include the
participants, date, place, purpose, and time of the interview.
The College will provide an equal opportunity for the
parties to present witnesses, including fact and expert witnesses, and other
inculpatory (tending to establish fault or guilt) and exculpatory (clearing or
tending to clear from alleged fault or guilt) evidence. Creditability
determinations may not be based on a person’s status as a complainant, respondent or witness.
The College will provide the parties with the same
opportunities to have others present during any grievance proceeding, including
the opportunity to be accompanied to any related meeting or proceeding by the
advisor of their choice, who may be, but is not required to be, an attorney,
and not limit the choice or presence of advisor for either the complainant or
respondent in any meeting or grievance proceeding; however, the College may
establish restrictions regarding the extent to which the advisor may participate
in proceedings, as long as the restrictions apply equally to both parties.
The College will provide both parties an equal opportunity
to inspect and review any evidence obtained as part of the investigation that
is directly related to the allegations raised in a formal complaint, including
the evidence upon which the College does not intend to rely in reaching a
determination regarding responsibility and inculpatory or exculpatory evidence
whether obtained from a party or other source, so that each party can
meaningfully respond to the evidence prior to conclusion of the investigation.
The College will make all such evidence subject to the
parties’ inspection and review available at any hearing to give each party
equal access opportunity to refer to such evidence during the hearing,
including for purposes of cross-examination.
Prior to the completion of the investigative report, the
Title IX investigator will submit all reviewed evidence to the Title IX
Coordinator.
The Title IX Coordinator will provide copies of all evidence
reviewed during the investigation to the Complainant, Respondent, and their
respective advisors. All parties will have ten (10) business days to review the
evidence and respond in writing to the Title IX Coordinator.
Subsequent to the ten (10) business
day review period, the Title IX Coordinator will direct any responses from the
Complainant, Respondent, or their respective advisors to the Title IX
Investigator for additional review. The Title IX Investigator will submit a
final report and the reviewed evidence to the Title IX Coordinator. At least 10
days prior to the live hearing, the Title IX Coordinator will simultaneously
provide the Complainant, Respondent, their respective advisors, with the final
report and all reviewed evidence for their review and written response. The
President will select a Hearing Officer to conduct the live hearing. The
Hearing Officer shall be provided a copy of the investigative report and
reviewed evidence.
J. LIVE
HEARING PROCEDURE
Upon receipt of the final investigative report, the Hearing
Officer will convene a Decision Maker panel and schedule a live hearing. The
panel will consist of three (3) individuals selected by the Hearing Officer who
have completed Decision Maker training during the current academic year. The
Hearing Officer will designate one of the Decision Makers as Primary Decision
Maker. Hearing Officer will notify the Complainant, Respondent, their
respective advisors, Title IX Coordinator, Title IX Investigator, witnesses named
in the final report, and the Decision Makers of the live hearing date within
five (5) business days of receipt of the final investigative report. The live
hearing date must provide the Complainant, Respondent, and their respective
advisors with no less than ten (10) business days to review the final
investigative report and all supporting evidence.
The hearing must be a live, recorded hearing with the
opportunity for both advisors to conduct cross-examinations. The hearing shall
be recorded by either a court reporter or on audio or video tape or by other electronic recording medium. In addition, all items
offered into evidence by the parties, whether admitted into evidence or not,
shall be marked and preserved as part of the hearing record.
Upon request, the Complainant and Respondent may participate
in the hearing via on-campus video conferencing provided that all parties,
including the Decision Making Panel, are able to see
and hear the party or witness answering questions in real-time.
The Hearing Officer, Decision Makers, Complainant,
Respondent, and their respective advisors will attend the hearing. The Title IX
investigator, Title IX Coordinator and witnesses will be called to provide
testimony if requested by the Decision Makers, parties
or their respective advisors.
If a party does not have an advisor present at the live
hearing, the College shall provide without fee or charge to that party, an
advisor of the College’s choice, who may be, but is not required to be an
attorney.
The hearing process will consist of:
• Opening
statement by Hearing Officer
• Review of
hearing procedures, formal complaint and notice of
allegations by Hearing Officer
• Review of
potential hearing outcomes and sanctions by Hearing Officer
• Complainant
Testimony
• Cross-examination
of Complainant by Respondent advisor
• Testimony
of Witnesses of Complainant
• Cross-examination
of Complainant Witnesses by Respondent advisor
• Respondent
Testimony
• Cross-examination
of Respondent by Complainant advisor
• Witnesses
of Respondent Testimonies
• Cross-examination
of Respondent Witnesses by Complainant advisor
• Decision
Maker inquiries
• Review of
appeal process by Hearing Officer
• Closing
statement by Hearing Officer
• Dismissal
of parties
• Decision
Maker deliberations
At the hearing, the Hearing Officer shall read the hearing
procedures, notice of allegations, formal complaint, potential hearing
outcomes, and potential sanctions. After the Hearing Officer concludes opening
statements, the Complainant shall have the opportunity to present such oral
testimony and offer such other supporting evidence as deemed relevant to the
formal complaint. Subsequent to Complainant testimony,
the Respondent advisor may conduct cross-examination. The Decision Makers may
question the Complainant after the cross-examination.
The Complainant may call witnesses to provide testimony as
deemed appropriate to the formal complaint. The Respondent advisor may conduct
cross-examination of the witnesses. The Decision Makers may question the
witnesses after the cross-examination.
The Respondent shall then be given the opportunity to
present such testimony and offer such other evidence as deemed relevant to the
Respondent's defense against the formal complaint. Subsequent
to Respondent testimony, the Complainant advisor may conduct
cross-examination. The Decision Makers may question the Respondent after the
cross-examination.
The Respondent may call witnesses to provide testimony as
deemed appropriate to the formal complaint. The Complainant advisor may conduct
cross-examination of the witnesses. The Decision Makers may question the
witnesses after the cross-examination.
Only relevant cross-examination and other questions may be
asked of a party or witness.
During cross-examination, the advisor will pose each
question orally to the Primary Decision Maker. The Primary Decision Maker will
determine if the Complainant, Respondent, or witnesses may respond to the
question. If the Primary Decision Maker chair determines that the question is
not relevant, the Primary Decision Maker will explain the rationale for
dismissing the question. Rape shield protection is provided for Complainants
which deems irrelevant questions and evidence about a Complainant’s prior
sexual behavior unless offered to prove that someone other than the Respondent
committed the alleged misconduct or if the questions and evidence concern
specific incidents of Complainant’s prior sexual behavior with respect to the
Respondent and offered to prove consent.
If a witness or party is not available or declines
cross-examination, the decision makers must not rely on any statement of that
witness in reaching a determination regarding responsibility; provided,
however, that the decision makers cannot draw an inference about the
determination regarding responsibility based solely on a party or witness’s
absence from the live hearing or refusal to answer cross-examination or other
questions.
Upon conclusion of the presentation of the evidence and
cross-examinations, the Hearing Officer shall read the appeal process and
closing statements. The Complainant, Respondent, their respective advisors and all witnesses shall be dismissed.
The Decision Makers will deliberate to determine if the
Respondent is deemed responsible and submit a written hearing report which
contains:
• identification
of the allegations potentially constituting sexual harassment;
• a
description of the procedural steps taken from the receipt of the formal
complaint through determination, including any notifications to the parties,
interviews with parties and witnesses, site visits, methods used to gather
other evidence, and hearings held;
• findings
of fact supporting the determination;
• conclusions
regarding the application of the College’s code of conduct to the facts;
• a
statement of, and rationale for, the result as to each allegation, including a
determination regarding responsibility, any disciplinary sanctions the College
imposes on the respondent, and whether remedies designed to restore or preserve
equal access to the College’s education program or activity will be provided by
the College to the complainant; and
• the
College’s procedures and permissible bases for the complainant and respondent
to appeal.
The Primary Decision Maker will submit the hearing report to
the Hearing Officer within ten (10) business days of the live hearing.
The Hearing Officer will submit the hearing report
simultaneously to the Title IX Coordinator, Complainant, Respondent, and their
respective advisors within three (3) business days of receipt of the hearing
report.
The College must provide the written determination to the
parties simultaneously. The
determination regarding responsibility becomes final either on the date that the
College provides the parties with the written determination of the result of
the appeal, if an appeal is filed, or if an appeal is not filed, the date on
which an appeal would no longer be considered timely.
The Title IX Coordinator will retain the recording of the
hearing, the hearing report, the investigative report, and all evidence
obtained during the investigation and all evidence offered at the hearing.
K. APPEAL
PROCEDURE
Appeals of a determination regarding responsibility and from
the College’s dismissal of a formal complaint or any allegations therein are
available to both parties on the following grounds: (1) procedural irregularity
that affected the outcome of the matter; (2) new evidence that was not
reasonably available at the time the decision regarding responsibility or
dismissal was made, that could affect the outcome; and/or (3) the Title IX
Coordinator, Investigator, or a Decision Maker had a conflict of interest or
bias that affected the outcome.
The President of Jefferson State Community College or
his/her designee shall be the appeal authority in upholding, rejecting, or
modifying the recommendations of the Decision Maker Panel. The President or
his/her designee shall not be bound in any manner by the recommendation(s) of
the Decision Maker Panel, but shall take it (them)
into consideration in rendering his/her decision.
Either party may file a written request with President
requesting that the President review the decision of the Decision Maker Panel.
The written request must be filed within ten (10) business days following the
party's receipt of the hearing report. If the appeal is not filed by the close
of business on the tenth (10th) business day following the party's receipt of
the report, the party's opportunity to appeal shall have been waived.
As to all appeals, the College will:
• notify
the other party in writing when an appeal is filed and implement appeal
procedures equally for both parties;
• ensure
that the decision-maker(s) for the appeal is not the same person as the
decision-maker(s) that reached the determination regarding responsibility or
dismissal, the investigator(s), or the Title IX Coordinator.
• ensure
the decision-maker(s) for the appeal complies with the standards set for in 34
C.F.R. § 160.45(b)(iii);
• give both
parties a reasonable, equal opportunity to submit a written statement in
support of, or challenging, the outcome;
• issue a
written decision describing the result of the appeal and the rationale for the
result; and
• provide
the written decision simultaneously to both parties.
A decision on a party’s appeal shall be rendered within 30
calendar days of the initiation of the appeals process. The time for decision
may be extended for exigent circumstance or as may be otherwise agreed by the
parties.
If the Respondent is also an employee of the College, the
individual may also file a claim with the Equal Employment Opportunity
Commission within 180 days of the alleged discriminatory act.
Informal Resolution. The College may not require as a condition
of enrollment or continuing enrollment, or employment or continuing employment,
or enjoyment of any other right, waiver of the right to an investigation and
adjudication of formal complaints of sexual harassment consistent with this
section. Similarly, the College may not require the parties to participate in
an informal resolution process under this section and may not offer an informal
resolution process unless a formal complaint is filed. However, at any time
prior to reaching a determination regarding responsibility the College may
facilitate an informal resolution process, such as mediation, that does not
involve a full investigation and adjudication, provided that the College does
the following:
(i) provides to the parties a written notice disclosing: the
allegations, the requirements of the informal resolution process including the
circumstances under which it precludes the parties from resuming a formal
complaint arising from the same allegations, provided, however, that at any
time prior to agreeing to a resolution, any party has the right to withdraw
from the informal resolution process and resume the grievance process with
respect to the formal complaint, and any consequences resulting from
participating in the informal resolution process, including the records that
will be maintained or could be shared;
(ii) obtains
the parties’ voluntary, written consent to the informal resolution process; and
(iii) does not
offer or facilitate an informal resolution process to resolve allegations that
an employee sexually harassed a student.
L.
RETALIATION PROHIBITED. Neither the
College nor other person may intimidate, threaten, coerce, or discriminate
against any individual for the purpose interfering with any right or privilege
secured by Title IX, or because the individual has made a report or complaint,
testified, assisted, or participated in any manner an investigation,
proceeding, or hearing conducted under this policy. Complaints alleging
retaliation may be filed according to the grievance procedures included in the
formal complaint process. The College shall keep confidential the identity of
any individual who has made a report or filed a formal complaint of sexual
harassment, any complainant, any individual who has been reported to be the
perpetrator of sex discrimination, any respondent, and any witness except as
may be permitted by FERPA statute, 20 U.S.C. 1232g or FERPA regulations, 34 CFR
part 99, or as required by law, or to carry out the purposes of 34 CFR part
106, including the conduct of any investigation, hearing, or judicial
proceeding arising thereunder.
Range of Possible
Sanctions – On final determination of responsibility the following sanctions
may be imposed against a respondent:
State of Alabama Title 13a
Laws and Penalties for Title IX related crimes
Crime Criminal
Penalties Employee
Penalties College
Penalties for Students College
Penalties for person(s) other than students and employees
Harassment (13A11-8) Fines
Not more than $500
Jail -not more than three months in city or county jail
Training
Referral to Counseling
Reprimand
Loss of Privileges
Suspension
Expulsion
Other penalties set forth by the College Training
Referral to Counseling
Reprimand
Loss of Privileges
Suspension
Expulsion
Other penalties set forth by the College Trespass from Campus
Termination of contractual agreements
Assault 1st degree (13a-6-20) Class B Felony: not more than 20 years in prison, or less than
2 years; Not more than $30,000. Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Assault 2nd (13a-6-21) Class
C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not
more than $15,000. Termination of
employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Assault 3rd (13a-6-22) Class
A misdemeanor: not more than 1 year in the county jail; not less than $6,000 Termination of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Menacing (13a-6-23) Class
B misdemeanor: not more than 6 months; not less than $3,000
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Reckless Endangerment (13a-6-24) Class A misdemeanor: not more than 1 year in the county
jail; not less than $6,000
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Criminal Coercion (13a-6-25) Class
A misdemeanor: not more than 1 year in the county jail; not less than $6,000
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Unlawful Imprisonment 1st (13a-6-41) Class A misdemeanor: not more than 1 year in the county jail; not
more than $6,000.
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Unlawful Imprisonment 2nd (13a-6-42) Class C misdemeanor: not more than 6 months in county jail; not
less than $500
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Kidnapping 1st (13a-6-43) Class
A felony: life or not more than 99 years or less than 10 years; not more than
$60,000
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Kidnapping 2nd (13a-6-44) Class
B Felony: not more than 20 years or less than 2 years; not more than $30,000 Termination of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Interference with Custody (13a-6-45) Class C Felony: not more than 10 years or less than 1 year and
1 day (366 days);
not more than $15,000.
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Rape 1st (13a-6-61) Class
A Felony: life or not more than 99 years or less than 10 years; not more than
$60,000
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Rape 2nd (13a-6-62) Class
B Felony: Not more than 20 years or less than 2 years; not more than $30,000 Termination of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Sodomy 1st (13a-6-63) Class
A Felony: life or not more than 99 years or less than 10 years; not more than
$60,000
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Sodomy 2nd (13a-6-64) Class
B Felony: Not more than 20 years or less than 2 years; not more than $30,000
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Sexual Misconduct (13a-6-65) Class
A misdemeanor: not more than 1 year in the county jail; not less than $6,000
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Sexual torture (13a-6-65.1) Class
A Felony: life or not more than 99 years or less than 10 years; not more than
$60,000
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Sexual abuse 1st (13a-6-66) Class
C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not
more than $15,000. Termination of
employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Sexual abuse 2nd (13a-6-67) Class
A Misdemeanor: not more than 1 year in the county jail; not less than $6,000
(2nd offense within 1 year=class c felony; not more than 10
years not less than 1 year; not less than $15,000) Termination of employment Suspension
1-2 Semesters
Mental Health Counseling Trespass
from all school property
Termination of contractual agreements
Indecent Exposure (13a-6-68) Class
A misdemeanor: not more than 1 year in the county jail; not more than $6,000.
(3rd or subsequent conviction is Class C Felony; not more
than 10 years or less than 1 year; not less than $15,000)
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling Trespass
from all school property
Termination of contractual agreements
School employee engaging in sex act with student under 19
years (13a-6-81) Class B Felony:
Not more than 20 years or less than 2 years; not more than $30,000
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
School employee having sexual contact with a student under
19 (13a-6-82(a)) Class C Felony: not
more than 10 years or less than 1 year and 1 day (366 days); not more than
$15,000.
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
School employee soliciting sex act with student under 19
(13a-6-82(b)) Class A misdemeanor: not
more than 1 year in the county jail; not more than $6,000.
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
School employee distributing obscene material to a student
(13a-6-82.1) Class A misdemeanor:
not more than 1 year in the county jail; not more than $6,000.
Termination
of employment Suspension
1-2 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Stalking 1st (13a-6-90) Class
C Felony: not more than 10 years or less than 1 year and 1 day (366 days); not
more than $15,000. Termination of
employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Stalking 2nd (13a-6-90.1) Class
B Misdemeanor: not more than 6 months; not more than $3,000. Termination of employment Suspension
1-2 Semesters
Mental Health Counseling Trespass
from all school property
Termination of contractual agreements
Aggravated stalking 1st(13a-6-91) Class B Felony: Not more than 20 years or less than 2
years; not more than $30,000 Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Aggravated Stalking 2nd (13a-6-91.1) Class C Felony: not more than 10 years or less than 1 year and 1
day (366 days); not more than $15,000. Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Domestic Violence 1st (13a-61-130) Class A Felony: life or not more than 99 years or less than
10 years; not more than $60,000
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Domestic Violence 2nd (13a-6-131) Class B Felony: Not more than 20 years or less than 2
years; not more than $30,000. Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Domestic Violence 3rd (13a-6-132) Class A misdemeanor: not more than 1 year in the county
jail; not more than $6,000. Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Interference with a domestic violence emergency call
(13a-6-137) Class B
Misdemeanor: not more than 6 months; not more than $3,000. Termination of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Violation of a Domestic Violence Protection order
(13a-6-142) Class A misdemeanor: not
more than 1 year in the county jail; not more than $6,000.
(Min sentence: 30 days imprisonment (may not be
suspended). 3rd or subsequent conviction
in addition to any other penalty or fine shall be punishable by min sentence of
120 days (may not be suspended))
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Human Trafficking 1st (13a-6-152) Class A felony: life or not more than 99 years or less
than 10 years; not more than $60,000
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Human Trafficking 2nd (13a-6-153) Class B Felony: Not more than 20 years or less than 2
years; not more than $30,000.
Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Distributing a Private Image (13a-6-240) Class A misdemeanor: not more than 1 year in
the county jail; not more than $6,000.
(subsequent adjudication or conviction is a class C Felony:
not more than 10 years or less than 1 year and 1 day (366 days); not more than
$15,000 in fines.) Termination
of employment Suspension
1-3 Semesters
Mental Health Counseling
Trespass
from all school property
Termination of contractual agreements
Sexual Extortion (13a-6-241) Class
B Felony: Not more than 20 years or less than 2 years; not more than $30,000 Termination of employment Suspension 1 to 3 semesters
Trespass
from all school property
Termination of contractual agreements
Directing a child to engage in sexual intercourse
(13a-6-243) Class A Felony: life or
not more than 99 years or less than 10 years; not more than $60,000
Class C Felony: not more than 10 years or less than 1 year
and 1 day (366 days); not more than $15,000. Termination
of employment Suspension 1 to 3
semesters Trespass from all school
property
Termination of contractual agreements
At any time in the grievance process the College may impose
a temporary delay or limited extension of time frames for good cause with
written notice to the complainant and the respondent of the delay or extension
and the reasons for the action. Good cause may include considerations such as
the absence of a party, a party’s advisor, or a witness, concurrent law
enforcement activity, or the need for language assistance or accommodation of
disabilities.
Neither the College assigned Investigator or Decision
Makers and any person who facilitates an
informal resolution process shall require, rely upon, or otherwise use
questions or evidence that constitute or seek disclosure of information
protected under a legally recognized privilege, unless the person holding such
privilege has waived the privilege.
The College’s Title IX Coordinators, Investigators, Decision
Makers shall all have received training for their respective roles prior to
participating in a Title IX Complaint or grievance process. All materials used to train the Title IX
Coordinators, Investigators, Decision Makers and any
person who facilitates an informal resolution process may be found on the
College’s website at https://www.jeffersonstate.edu/titleix/.