Title IX includes, but is not limited to, the following
prohibited student conduct: Domestic violence, gender-based harassment, sex
discrimination, sexual harassment, sexual intimidation, sexual violence including
dating violence, non-consensual sexual intercourse (rape), nonconsensual sexual
contact (sexual assault), and stalking, quid pro quo, and sexual
exploitation.
(1)
Written
notice. In matters involving alleged sexual misconduct, the Title IX
coordinator will initiate investigation proceedings by serving the respondent
with a written notice of the factual allegations, the specific conduct code
provision(s) the respondent is alleged to have violated, and the range of
possible sanctions for such violation(s). The Title IX coordinator will include
notification that an investigation is taking place and, if applicable, identify
the designated Title IX investigator(s) assigned to the case.
(2)
Investigation meeting. For
matters involving sexual misconduct, the complainant, respondent, and, as
applicable, witnesses will be asked to attend an investigation meeting. At the
investigation meeting, the Title IX coordinator or designated Title IX
investigator(s), will review the investigation proceedings, ask each party
questions regarding the allegations, and consistent with "Brief Adjudicative
Proceedings" under
RCW
34.05.482, afford each party the opportunity to
provide any other information or evidence.
If the respondent fails to attend or participate in the meeting,
the Title IX coordinator or designated Title IX investigator(s), may proceed with
the investigation, including making findings regarding the alleged policy
violations, based on the available information.
(3) Following written notice and an
investigation meeting, the Title IX coordinator may take any of the following
actions:
(a) Dismiss the proceeding upon finding
the allegation(s) to be unsubstantiated and after providing any appropriate
counseling or warnings. Such action shall be final and not subject to appeal or
further review.
(b) Refer the matter
for disciplinary action by the student conduct committee. Such referral shall be
in writing, to the attention of the committee chair, with a copy served to the
complainant and respondent. The decision to refer shall not be subject to appeal
or further review.
(c) If the
allegations are found to be substantiated, the Title IX coordinator may provide
the complainant and respondent with a copy of the investigation report with the
option to review the report and provide a response.
(4)
Findings. If the allegations
are found to be substantiated, the Title IX coordinator will review all of the
information gathered throughout the investigation proceedings and make findings
of fact for each alleged policy violation. The Title IX coordinator will notify
the complainant and the respondent of these findings in writing and that the
matter is being referred to the conduct officer, for matters involving only
students, or the vice president of administrative services, for matters involving
one or more employees, for initiation of disciplinary action.
(5) On the same date that a disciplinary
decision is served on the respondent, the conduct officer or vice president of
administrative services will serve a written notice informing the complainant
describing any disciplinary sanctions and/or conditions imposed upon the
respondent for the complainant's protection, including disciplinary suspension or
dismissal of the respondent. The notice will also inform the complainant of their
appeal rights. If protective sanctions and/or conditions are imposed, the conduct
officer or vice president shall make a reasonable effort to contact the
complainant to ensure the prompt notice of the protective disciplinary sanctions
and/or conditions.
(6) Each party
involved in sexual misconduct proceedings may appear alone or with another to
advise and assist them during any conduct proceeding as outlined in WAC
132E-122-260.
