Whether or not criminal charges are filed, a person (or the College) may file a complaint under the Sexual Misconduct Policy alleging that a student or employee violated the policy. Reports of all domestic violence, dating violence, sexual harassment, sexual assault and stalking made to Oakton Police will automatically be referred to the Title IX coordinator for investigation regardless of if the complainant choses to pursue criminal charges.
Oakton’s Title IX process will include a prompt, fair, and impartial investigation and resolution process. Investigators and hearing board members are trained each year 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 all parties involved and promotes accountability. This provides for due process in that:
- The complainant and the respondent each have the opportunity to attend an administrative meeting before a properly trained hearing panel;
- The complainant and the accused receive timely notice of meetings at which one or the other or both may be present;
- The complainant, the accused, and appropriate officials give timely and equal access to information 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 choices, 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, not speak for, the complainant 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 are to 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.