Investigation Procedure

Initiation of Investigation by Title IX Coordinator

Upon receipt of a complaint of sexual discrimination, harassment and/or misconduct, including sexual violence, the Title IX coordinator will initiate a prompt, fair and thorough investigation. The investigation will be conducted by the coordinator or his/her designee, and Oakton will strive to conclude the investigation promptly. The investigation may take longer when allegations are complex or other factors cause delay.

With respect to Title IX complaints that relate to an Oakton employee as the victim and/or complainant or as the respondent, the Title IX coordinator will partner with the Department of Human Resources in investigating the complaint. In cases involving an Oakton employee respondent, the Department of Human Resources will recommend appropriate sanctions against the employee.

Interim Measures Provided
During the investigation, the Title IX coordinator will ensure the complainant receives notice of and the opportunity to obtain interim measures, and will advise him or her of the right to file a complaint with Oakton Police or law enforcement agencies.

Notice to Respondent

  • Within 10 business days of receipt of a complaint, the respondent will receive written notice of the charges against him/her.
  • The respondent will be advised of the nature of the evidence against him/her (unless release of the evidence would endanger the health or safety of victim(s) or witness(es)).

Due Process Rights of Complainant and Respondent

  • The complainant and student respondent will each be notified of the individual(s) with authority to make a finding or impose a sanction in their proceeding before the individual(s) initiate contact with either party. Both parties will have the opportunity to request a substitution if the participation of an individual with authority to make a finding or impose a sanction poses a conflict of interest.
  • The complainant and student respondent will each be afforded the right to present information and witnesses relevant to his or her case.
  • When the complainant or student respondent is requested to appear at an investigatory meeting or proceeding related to a complaint, he or she may be accompanied by an advisor. An advisor is defined as a family member, peer, staff/faculty member of Oakton, or a union representative; it does not include legal counsel or an attorney at law.
  • If the respondent is a College employee, then any employee misconduct investigation procedures outlined in applicable employee guidebooks and/or collective bargaining agreements will apply.

Evidence Considered
Investigators will interview and receive evidence from the complainant, respondent, and any witnesses identified during the course of the investigation. The victim’s prior sexual history with anyone other than the respondent will not be considered during the investigation or any proceeding related to a complaint. The mere fact of a current or previous consensual dating or sexual relationship between the complainant and respondent does not itself imply consent or preclude a finding of sexual violence.

Preservation of Evidence
The Title IX coordinator will provide the complainant with information regarding the importance of preserving physical evidence of sexual violence and the availability of medical forensic services at no charge pursuant to the Illinois Sexual Assault Survivors Emergency Treatment Act (410 ILCS 70). Any physical evidence gathered by the investigator will be preserved by Oakton Police.

Concurrent Criminal Investigation
The existence of a concurrent criminal investigation by law enforcement agencies will not necessarily delay or interrupt the investigation procedures outlined herein. However, the law enforcement agency may request that the Oakton investigation be temporarily suspended. In such cases, the college will evaluate the law enforcement agency’s request to determine whether and for how long to suspend its investigation. It is understood that during an ongoing criminal investigation, information relevant to the pending case or prosecution may not be permitted to be shared with the college until the criminal investigation is closed.

Report of Investigation
At the conclusion of the investigation, the investigator will prepare a thorough report outlining the: complaint, investigation conducted and all relevant evidence obtained; investigator’s conclusions with an explanation of reasoning and/or support for such conclusions; and recommendations for sanctions or other remedial action as appropriate. The investigator will submit his/her report to the Title IX coordinator, Department of Human Resources and/or both, as appropriate.

Determination Based Upon Preponderance of the Evidence
The Title IX coordinator shall review the investigator’s report and all evidence gathered to determine whether the respondent engaged in sexual discrimination, harassment and/or misconduct in violation of College policy. The determination of violations shall be made based on the preponderance of evidence, meaning whether it is more likely than not that this policy was violated.

Notice to Respondent
For student respondents, within seven (7) days after receipt of the investigator’s report, the Title IX coordinator will notify the student respondent via certified mail, return receipt requested, of his/her determination. If the Title IX coordinator determines that the student respondent has violated Oakton’s prohibition of sexual discrimination, harassment and/or misconduct, this notification will also advise the student respondent of:

  • Disciplinary sanctions; and
  • The right to appeal the determination and sanctions in accordance with the Appeal Procedures set forth in Section VIII, below.

For employee respondents, the Department of Human Resources will follow its obligation under any applicable College Policies and collective bargaining agreements in providing notice.

Notice to Complainant
Concurrently with the notice provided to respondent, the Title IX coordinator will notify the complainant via certified mail, return receipt requested, of his/her determination. If the Title IX coordinator determines that the respondent has violated Oakton’s prohibition of sexual discrimination, harassment and/or misconduct, this notification will also advise the complainant of:

  • Any individual remedies offered or provided to the complainant;
  • Disciplinary sanctions imposed on the respondent that directly relate to the complainant;
  • In sexual violence cases only, any disciplinary sanctions imposed on the respondent;
  • The right to appeal the determination and sanctions in accordance with the Appeal Procedures set forth in these procedures.

If Oakton determines that a hostile environment exists, it will inform the complainant of steps it has taken to eliminate the hostile environment and to prevent the reoccurrence of the misconduct.