Title VII Grievance Investigations

Title VII Grievance Investigations 

Procedure

Durham Technical Community College (Durham Tech) adheres to the following investigative steps when addressing issues covered under the provisions of Title VII of the Civil Rights Act of 1964 (Title VII) or Title IX of the Higher Education Amendments of 1972 (Title IX).

Students should refer to the Student Grievance policy for all other procedures related to resolving disputes with employees. Employees should refer to the Employee Conflict Resolution and Grievance policy for all other procedures related to resolving disputes between colleagues.

Investigative Steps

1. Individual Files Complaint (“Reporting Party”). Reporting parties are encouraged to report allegations of bias, discrimination, or harassment in writing as soon as possible following the incident(s). This expediency will help preserve evidence for potential legal and/or disciplinary proceedings. Reporting parties should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Title IX Coordinator may, in their discretion, involve other College administrators in the investigation as necessary to conduct and finalize the investigation and/or to make a final determination regarding responsibility and/or assigned sanctions. Upon making the complaint, Reporting parties alleging bias, discrimination, or harassment will be immediately notified that they have the right to seek additional assistance from law enforcement and have the right to seek, among other things, judicial no-contact, restraining, and protective orders. Reporting parties will also be notified of available counseling services and their options for changing academic situations.
2. Initial Assessment. The Title IX Coordinator will complete an initial fact-finding assessment within ten (10) working days of the original complaint to determine whether or not a formal investigation will be conducted under this procedure. If not, the Title IX Coordinator will make a determination about the complaint and notify the Reporting Party of the decision in writing within ten (10) working days of original receipt of the complaint.
3. Assigning an Investigator. When a determination is made to proceed with a formal investigation, the Title IX Coordinator will assign the complaint to an Investigator(s) in the Office of Institutional Equity and Inclusion within five (5) working days of the determination to proceed with a formal investigation.
4. Notice of Allegation. At the onset of an investigation and within five (5) working days, the Title IX Coordinator will advise the Respondent of the allegations against them in writing, and a copy of the Notice of Allegation will be provided to the Reporting Party.

5. Commence Investigation. The Investigation will serve the purpose of determining the following:

   • Whether bias, discrimination, or harassment has occurred;
   • Whether there is an ongoing risk of harm resulting from or related to the bias, discrimination, or harassment (and if so, what steps should be taken to prevent its recurrence);
   • Whether accommodations for the Reporting Party need to be put in place to redress the effects of the bias, discrimination, or harassment; and
   • Whether accommodations or safety measures should be put in place to ensure the safety of members of the Durham Tech community.

   The standard of review for determining findings of fact will be the “preponderance of the evidence” standard (i.e., it is more likely than not that the violation occurred).
    

6. Conduct Interviews and Gather Evidence. During the investigation, the respective Investigator(s) shall interview the Reporting Party and the Respondent and give each party an equal opportunity to provide evidence, including informing the Investigator(s) of any potential witnesses. Both parties will be provided access to any information provided by the other in accordance with any federal and/or state confidentiality laws. If potential witnesses are identified, they will be interviewed by the Investigator(s) and invited to provide any supporting evidence.
    
7. Determination of Non Punitive Interim Measures. During the investigation process, the Title IX Coordinator may put temporary measures in place in order to facilitate an efficient and thorough investigation process, as well as to protect the rights of all parties involved. The temporary measures may include, but are not limited to, reassignment of class schedules, temporary suspension from campus (but be allowed to complete coursework), or directives that include no contact between the involved parties.
8. Conclusion of Investigation. Investigator(s) shall make every effort to conclude the investigation as soon as possible, but no later than thirty-five (35) calendar days from receipt of the original complaint. If the nature of the investigation requires additional time, the Investigator(s) may have an additional ten (10) calendar days to complete the investigation. The Title IX Coordinator shall notify the parties of this extension. The Investigator(s) will provide a written report to the Title IX Coordinator, along with any supporting evidence that includes recommendations for the final decision and any accompanying sanctions.
9. Title IX Coordinator Review. The Title IX Coordinator Review will review the report from the Investigator(s) and assemble a review committee of two (2) additional Investigators not involved in the original investigation. The original Investigator(s) will attend the review committee meeting to answer any questions from the review committee. The Title IX Coordinator may request further review from the Investigator(s) or may ask for additional information directly from the involved parties or witnesses.
10. Final Decision. Upon completion of the investigation and review of all materials, the Title IX Coordinator is responsible for determining whether evidence establishes that it is more likely than not (i.e., a preponderance of the evidence) that the Respondent engaged in discriminatory conduct. The Title IX Coordinator will prepare written findings of fact in support of their decision and will render a finding of “Responsible” or “Not Responsible” for violations. If a Respondent is found “Responsible”, the Title IX Coordinator will specify the type(s), if any, of bias, discrimination, or harassment for which the Respondent is being held responsible. If the Title IX Coordinator determines the Respondent is “Not Responsible”, the Title IX Coordinator will close the complaint and document such closure. The Title IX Coordinator shall make every effort to conclude the investigation as soon as possible, but no later than sixty (60) calendar days from receipt of the original complaint.
11. Sanctions. The Title IX Coordinator and the Executive Director of Human Resources are responsible for recommending to the President appropriate sanctions to be enforced if the Respondent is an employee. The Disciplinary Actions, Suspension, and Termination of Employment policy describes sanctions available to designated College Officials in response to employees violating College policies and procedures in regard to bias, discrimination, and harassment. The listing is not inclusive of all options and more than one sanction may be imposed for a single act of misconduct. The Executive Director of Human Resources and the Title IX Coordinator will maintain records regarding any sanctions imposed.
    
    The Title IX Coordinator will partner with the Vice President, Student Engagement, Development, and Support/Chief Student Services Officer regarding appropriate sanctions to be enforced if the Respondent is a student. The Student Code of Conduct lists sanctions available to designated College Officials in response to violations of the Student Code of Conduct. The listing is not inclusive of all options and more than one sanction may be imposed for a single act of misconduct. The Vice President, Student Engagement, Development, and Support/Chief Student Services Officer will maintain the record regarding any sanctions imposed.
12. Reporting. Following the determination of sanctions, the Title IX Coordinator will issue each party a written Decision Letter including findings of fact, and if applicable, any actions the College will take to provide accommodations to the Reporting Party and/or any sanctions to the Respondent to ensure the safety of the College community.
13. Record Maintenance. A confidential file regarding the complaint shall be maintained by the Title IX Coordinator. To the extent possible, the College will keep all information related to the complaint and investigations confidential.

Definitions

Bias – A tendency to believe that some people, ideas, etc., are better than others; usually results in unfair treatment

College Official – A College employee who serves in one of the following roles: President, Executive Vice President, Chief of Staff, Vice President, or Chief of Police

Discrimination – Any act or failure to act that unreasonably and unfavorably differentiates treatment of others based solely on their race, religion, ethnicity, national origin, gender, sex, age, disability, genetic information, and veteran status. Discrimination may be intentional or unintentional.

Harassment – Severe, pervasive, and offensive behavior that negatively affects another’s access to an educational opportunity or other college benefit

Preponderance of the Evidence – More likely than not that the violation occurred

Reporting Party – An individual who reports alleged discriminatory conduct that is sexual or sex/gender based. An alleged victim of Sexual Misconduct who files a complaint, or on whose behalf a complaint is filed or initiated.

Respondent – An individual alleged to have engaged in discriminatory conduct that is sexual or sex/gender based. An individual who has been accused in a complaint of committing Sexual Misconduct.

Students – Any individuals, regardless of age, who are currently enrolled in Durham Tech courses, who have active program status, and/or who are currently participating in Durham Tech instructional programs, including Middle College High School, Career and College Promise, and College and Career Readiness programs. Individuals with active program status are those who have been accepted into a program, have taken classes within the program, and have been continuously enrolled at the College since beginning the program.

Working Days – Days the College is open and operating under a normal schedule. This excludes weekends, closings due to adverse conditions, and holidays.