Sexual Harassment/Title IX Employee Disciplinary Hearing

1000.345   SEXUAL HARASSMENT/TITLE IX EMPLOYEE DISCIPLINARY HEARING PROCEDURE

A. ORDER OF PRECEDENCE
本程序适用于第九条管辖范围内的性骚扰指控 pursuant to regulations promulgated by the United States Department of Education. See 34 C.F.R. § 106. Disciplinary proceedings against an employee respondent alleged to have engaged in sexual harassment in violation of Title IX shall be governed by District Policy 421 and this supplemental disciplinary hearing procedure. To the extent this procedure conflicts with provisions set forth in employment contracts, collective bargaining 协议，员工手册和其他皇冠8868会员登录谷学院的就业政策 and procedures, this supplemental disciplinary hearing procedure will take precedence.

Notwithstanding the foregoing, if respondent is a tenured or probationary faculty 成员和第九条协调员确定调查中的指控， 如果属实，答辩人将被学校开除，即第九条协调员 will refer the matter to the tenure dismissal committee for a hearing pursuant to RCW 28B.50.863 以及教师工会集体谈判协议中规定的适用程序 (CBA). To the extent the tenure dismissal committee procedures are inconsistent or in conflict with Sections B through G of this procedure, those procedure sections will prevail. At the end of the hearing, the tenure dismissal committee will issue a recommendation consistent with the provisions set forth in Section H. Claimant shall have the same right to appear and participate in the proceedings as the respondent, including the right to present their position on the recommendation to the Title IX coordinator before final action is taken.

歧视和歧视性骚扰分别在学院的 discrimination and discriminatory harassment policy 000.330 and procedure 1000.330.

B. PROHIBITED CONDUCT UNDER TITLE IX
Pursuant to Title IX of the Education Act Amendments of 1972, 20 U.S.C. §1681, Wenatchee Valley College may impose disciplinary sanctions against an employee who commits, attempts to commit, or aids, abets, incites, encourages, or assists another person to commit, an act(s) of “sexual harassment.”

就本补充程序而言，“性骚扰”包括以下内容 conduct:

1. Quid Pro Quo Harassment: a Wenatchee Valley College employee conditioning the provision of an aid, benefit, or service of Wenatchee Valley College on an individual’s participation in unwelcome sexual conduct.
2. Hostile Environment: unwelcome conduct that a reasonable person would find to be so severe, pervasive, 客观上是冒犯的，因为它实际上剥夺了一个人平等接触皇冠8868会员登录的机会 Valley College’s educational programs or activities, or employment.
3. Sexual Assault. sexual assault includes the following conduct:
   1. Nonconsensual Sexual Intercourse: any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes 性交通过阴茎、舌头、手指或物体插入肛门或阴道，或口交性交 by mouth to genital contact or genital to mouth contact.
   2. 非自愿的性接触:任何实际的或企图的性接触，无论多么轻微; with any body part or object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
   3. Incest: sexual intercourse or sexual contact with a person known to be related to them, 合法的或非法的，如祖先、后代、兄弟或姐妹 of either wholly or half related. Descendant includes stepchildren and adopted children under the age of 18.
   4. Statutory Rape: consensual sexual intercourse between someone who is 18 years of age or older and someone who is under the age of 16.
4. Domestic Violence身体暴力，身体伤害，攻击，对即将发生的身体伤害的恐惧 harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under 华盛顿州的家庭暴力法或家庭暴力法，或任何其他人 against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.
5. Dating Violence身体暴力，身体伤害，攻击，对即将发生的身体伤害的恐惧 harm, sexual assault, or stalking committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors:
   1. The length of the relationship.
   2. The type of relationship.
   3. The frequency of interaction between the persons involved in the relationship.
6. Stalking: engaging in a course of conduct directed at a specific person that would cause a 合理的人担心自己或他人的安全，或遭受实质性的损失 emotional distress.

C. TITLE IX JURISDICTION

1. This procedure applies only if the alleged misconduct:
   1. Occurred in the United States.
   2. Occurred during a Wenatchee Valley College educational program or activity.
   3. 符合本补充文件中对性骚扰的定义 procedure.
2. For purposes of this procedure, an “educational program or activity” is defined as locations, events, or circumstances over which Wenatchee Valley College exercised substantial control over both the respondent and the context in which the alleged sexual harassment occurred. This definition includes any building owned or controlled by a student organization that is officially recognized by Wenatchee Valley College.
3. 如果第九条协调员决定，本程序下的诉讼必须被驳回 that one or all of the requirements of 1 a, b or c of this section have not been met. 根据本程序解雇并不禁止皇冠8868会员登录谷学院追究 disciplinary action against a respondent based on allegations that the respondent engaged in other misconduct prohibited by federal or state law, employment contracts or handbooks, or other Wenatchee Valley College policies or procedures.
4. If the Title IX coordinator determines the facts in the investigation report are not sufficient to support Title IX jurisdiction and/or pursuit of a Title IX violation, the Title IX coordinator will issue a notice of dismissal in whole or part to both parties explaining why some or all of the Title IX claims have been dismissed.

D. INITIATION OF DISCIPLINE

1. Upon receiving the Title IX investigation report from the Title IX investigator, the Title IX coordinator will independently review the report to determine whether there are sufficient grounds to pursue a disciplinary action against the respondent for engaging in prohibited conduct under Title IX.
2. If the Title IX coordinator determines that there are sufficient grounds to proceed 根据本程序，第九条协调员将启动第九条纪律处分 通过向听证小组提交书面纪律通知并送达 the notice on the respondent and the claimant, and their respective advisors. The notice must:
   1. Set forth the basis for Title IX jurisdiction;
   2. Identify the alleged Title IX violation(s);
   3. Set forth the facts underlying the allegation(s);
   4. Identify the range of possible sanctions that may be imposed if the respondent is found responsible for the alleged violation(s);
   5. 说明每一方有权由他们自己选择的一名顾问陪同 during the hearing and that:
      1. Advisors will be responsible for questioning all witnesses on the party’s behalf;
      2. 顾问可以是律师和/或，如果当事人是被代表的雇员，可以是工会 representative;
      3. A represented employee who chooses an advisor who is not a union representative must submit a signed waiver of union representation that includes consent from the union; and
      4. 皇冠8868会员登录谷学院将任命该党为皇冠8868会员登录谷学院的顾问 choosing at no cost to the party, if the party fails to choose an advisor; and
   6. Explain that if a party fails to appear at the hearing, a decision of responsibility may be made in the party’s absence.
3. Service of the disciplinary notice or any other document required to be served under this supplemental procedure may be done personally or by first class, registered, 或挂号信，或通过电子邮件发送到该党的皇冠8868会员登录山谷学院的电子邮箱 address.

E. PRE-HEARING PROCEDURE

1. Upon receiving the disciplinary notice, the hearing panel will send a hearing notice to all parties in compliance with WAC 10-08-040. Pursuant to Proposed Policy 421, the hearing date may not be scheduled less than 10 days after the Title IX coordinator provided the final investigation report to the parties.
2. 在纪律处分期间，一方有权由其选择的一名指导老师陪同 process at the party’s own expense. The advisor may be an attorney and/or, if the party is a represented employee, a union representative.
   1. If the advisor is an attorney, the advisor must file a notice of appearance with the hearing panel with copies to all parties and the Title IX coordinator at least five days before the hearing. If a notice of appearance is not filed within this timeframe, the party will be deemed to have waived their right to have an attorney as an advisor.
   2. 如果一方是选择不使用工会提供的顾问的代表员工， 当事人必须向听证小组提供一份签署的放弃工会代表权的声明， including written consent from the union.
3. In preparation for the hearing, the parties will have equal access to all evidence 由调查人员在调查期间收集，无论皇冠8868会员登录是否 Valley College intends to offer the evidence at the hearing.

F. RIGHTS OF PARTIES

1. The provisions of this procedure shall apply equally to both parties.
2. 皇冠8868会员登录谷学院承担着提供和提供充分证据的责任 and evidence to establish that the respondent is responsible for a Title IX violation by a preponderance of the evidence.
3. The respondent will be presumed not responsible until such time as the disciplinary process has been finally resolved.
4. During the hearing, each party shall be represented by an advisor. The parties are entitled to an advisor of their own choosing and the advisor may be an attorney or, if the respondent holds a represented position, a union representative. If a party does not choose an advisor, then the Title IX coordinator will appoint an advisor of Wenatchee Valley College’s choosing on the party’s behalf at no expense to the party.

G. EVIDENCE

The introduction and consideration of evidence during the hearing is subject to the following procedures and restrictions:

1. Relevance: the committee chair shall review all questions for relevance and shall 在记录中解释他们基于缺乏相关性而排除任何问题的原因. Relevance means that information elicited by the question makes a fact or dispute more or less likely to be true.
2. 关于原告性倾向或先前性行为的问题或证据 are not relevant and must be excluded, unless such question or evidence:
   1. Is asked or offered to prove someone other than the respondent committed the alleged misconduct; or
   2. Concerns specific incidents of prior sexual behavior between the claimant and the respondent, which are asked or offered on the issue of consent.
3. 要求质证:当事人或证人不愿接受质证的 during the live hearing, the hearing panel must not rely on any statement by that party or witness in reaching a determination of responsibility.
4. 无否定推论:听证小组不得对责任作出推论 仅因证人或当事人缺席听证会或拒绝回答问题.
5. 保密证据:听证小组不应考虑法律上保密的信息 unless the holder has effectively waived the privilege. Privileged information includes, but is not limited to, information protected by the following:
   1. Spousal/domestic partner privilege.
   2. Attorney-Client and attorney work product privileges.
   3. Privileges applicable to members of the clergy and priests.
   4. 医疗服务提供者、心理健康治疗师和咨询师享有的特权.
   5. Privileges applicable to sexual assault and domestic violence advocates.
   6. Other legal privileges identified in RCW 5.60.060.

H. INITIAL ORDER

1. The hearing panel will be responsible for drafting an initial order that:
   1. Identifies the allegations of sexual harassment.
   2. 描述申诉和纪律处分程序，从正式的存档开始 通过确定责任进行索赔，包括通知当事人、面谈 与证人和当事人，实地访问，收集证据的方法和听证会 held.
   3. Makes findings of fact supporting the determination of responsibility.
   4. 就事实是否确定被申请人是否负有责任得出结论 for engaging in sexual harassment in violation of Title IX.
   5. 包含委员会确定责任的说明和理由 for each allegation.
   6. Describes any disciplinary sanction or conditions imposed against the respondent, if any.
   7. 描述索赔人在何种程度上(如果有的话)有权获得旨在恢复的救济 或保留原告参加皇冠8868会员登录山谷学院教育项目的平等权利 or activities.
   8. 描述了向皇冠8868会员登录山谷学院上诉初始订单的过程 President.
2. The hearing panel will serve the initial order on the parties simultaneously.

I. APPEALS

1. The parties have the right to appeal from the determination of responsibility and/or from a Title IX dismissal, in whole or part, of a formal claim, as set forth in the initial order. Appeals shall be submitted in writing to the executive director of human resources within 10 calendar days of receiving the decision. Appeals are limited to the following grounds:
   1. A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures).
   2. To consider new evidence, unknown or unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of the 提交的上诉请求中必须包括新的证据及其潜在影响.
   3. Title IX personnel had a conflict of interest or bias that affected the outcome of the matter.
2. If no appeal is received within 10 calendar days, the decision becomes final. If an 收到申诉后，处理申诉的个人应在21个日历内作出答复 days. Both parties will be informed if an appeal has been filed. The request shall either be denied or, if found to have merit, an amended decision can be issued.
3. 人力资源执行主任应将最终决定送达当事人 simultaneously.
4. 在此过程中作出的所有决定均为最终决定，不得再上诉. 本纪律程序所产生的任何决定或建议均不受约束 to grievance pursuant to any collective bargaining agreement.

Approved by the president’s cabinet: 8/18/20
Last reviewed: 5/20/23
Policy contact: Human Resources

Related policies and procedures
000.300 Freedom of Inquiry & Expression
000.330 Discrimination & Discriminatory Harassment Policy
000.340 Sexual Harassment/Title IX Policy
400.100 Student Rights and Responsibilities/Code of Student Conduct Policy
500.125 Equal Opportunity/Affirmative Action Policy
1000.330 Discrimination & Discriminatory Harassment Procedure
1400.100 Student Rights and Freedoms Procedure
1400.110 Code of Student Conduct Procedure
1400.115 Student Discipline Procedure