Adjudication of Violations and Sanctions
Whether or not criminal charges are filed, the College or a person may file a complaint under the Sexual Misconduct Policy alleging that a student or employee violated the College’s policy. Reports of all domestic violence, dating violence, sexual harassment, sexual assault and stalking made to Campus Public Safety will automatically be referred to the Title IX Coordinator for investigation regardless of if the complainant choses to pursue criminal charges.
The College disciplinary process will include a prompt, fair, and impartial investigation and resolution process. Investigators and hearing board members are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking and taught how to conduct an investigation and hearing process that protects the safety of the victim and promotes accountability. This policy provides that:
- The complainant and the accused each have the opportunity to attend an administrative meeting before a properly trained hearing panel;
- The complainant and the accused will be given timely notice of meetings at which one or the other or both may be present;
- The complainant, the accused, and appropriate officials will be given timely and equal access to information that will be used during informal and formal disciplinary meetings and hearings;
- The complainant and the accused each have the opportunity to be advised by a personal advisor/mentor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or hearing. An advisor may only consult and advise the complainant, but not speak for the advisee at any meeting or hearing;
- A decision is based on the preponderance of evidence standard, i.e. “more likely than not to have occurred” standard. In other words, the conduct process asks: “is it more likely than not that the accused violated the policy?”
- The complainant and the accused will be notified simultaneously in writing of the outcome of any disciplinary proceeding, as well as any changes to those results or disciplinary actions prior to the time that such results become final; and
- The complainant and the accused each have the right to appeal the outcome of the hearing. They may appeal the decision to the President or designee by submitting a written request to the Vice President for Student Affairs or Executive Director of Human Resources within 14 days of receiving the decision. The President will review the Administrator’s decision, reports, and other pertinent information and will issue his or her decision within 14 days of the appeal. The decision of the President shall be final. Both parties will be notified simultaneously in writing of the final outcome after the appeal is resolved.
When a complainant does not consent to the disclosure of their name or other identifiable information about the reported perpetrator, the College’s ability to respond to the complaint may be limited.
The College will protect the identity of persons who report having been victims of sexual assault, domestic violence, dating violence, or stalking to the fullest extent of the law.
Sanctions and Protective Measures
In all cases, investigations that result in a finding of more likely than not that a violation of the Sexual Misconduct Policy occurred will lead to the initiation of disciplinary procedures against the accused individual. College sanctions may be imposed upon those determined to have violated this policy. These include:
- Warning - A notice in writing that the accused is violating or has violated institutional regulations.
- Probation - A reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the accused is found to be violating any institutional regulation(s) during the probationary period.
- Loss of Privileges - Denial of specified privileges for a designated period of time.
- Fines - Previously established and published fines may be imposed.
- Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Discretionary Sanctions - Work assignments, service to the College or neighboring communities, or other related discretionary assignments. (Such assignments must have the prior approval of the Title IX Coordinator.)
- Educational Sanctions - Developmental activities related to specific acts of misconduct. The goal is to reduce the probability of repeat behavior, to give students the opportunity to demonstrate personal growth, and to appropriately challenge students (Mackin, M. B., 1993, ASJA Presentation).
- Withdrawal from class for students - Administrative withdrawal from a class or classes.
- College Suspension - Separation from the College for a definite period of time, after which the accused may be eligible to return. Conditions for readmission may be specified.
- College Expulsion or Termination - Permanent separation from the College. For students, an “Administrative Dismissal” will be placed on the student’s transcript.
The College may implement protective measures following the report of domestic violence, dating violence, sexual harassment, sexual assault and/or stalking. For students, sexual harassment, sexual assault, domestic violence, dating violence, and stalking are violations of the Student Code of Conduct. Employees who violate this policy will be subject to discipline, up to and including termination of employment. Sexual harassment, sexual assault, domestic violence, dating violence, and stalking are criminal acts which also may subject the perpetrator to criminal and civil penalties under federal and state law.The Title IX Coordinator will determine whether interim interventions and protective measures should be implemented, and, if so, take steps to implement those protective measures as soon as possible. Examples of interim protective measures include, but are not limited to: an order of no contact, adjustment of course schedules, a leave of absence, or reassignment to a different supervisor or position. These remedies may be applied to one, both, or multiple parties involved. Violations of the Title IX Coordinator’s directives and/or protective measures will constitute related violations that may lead to additional disciplinary action. Protective measures imposed may be temporary pending the results of an investigation or may become permanent as determined by Oakton Community College.
4Applicable law requires that, when taking such steps to separate the complainant and the accused, the University must minimize the burden on the complainant and thus should not, as a matter of course, remove the complainant from their job, classes or housing while allowing the accused to remain.