• • Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

     Contact Information for the Title IX Coordinator:

    Name:                            Esmilda Abreu,  Ph.D.  
    Title:                               Vice President for Student Affairs
    Office Address:             PH 347
    Email Address:              eabreu@mvcc.edu
    Telephone Number:    315-315-5324

     

    Such a report may be made at any time (including during non-business hours) by using the electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

• Title IX and VAWA reports (Title IX: sexual harassment, sexual violence, sexual discrimination & VAWA: domestic/dating violence and stalking) may also be made to the Department of Public Safety or Deputy Coordinator Dennis Gibbons, Dean of Student Life.
  Whether you report to the Title IX Coordinator or the Department of Public Safety, the meeting following your report with be with the Title IX Coordinator to understand the nature of the complaint and to provide an overview of the options that are available so that the reporter may make an informed decision about how she/he would like to proceed.  This meeting also occurs individually with the Respondent. 
• Reports of harassment and discrimination (not Title IX or VAWA as outlined in the first bullet) are to be made to either the Executive Director of Human Resources for cases involving employees or to the Vice President for Students Affairs, for cases involving students, and the case will be assigned to the appropriate investigator. Either may disqualify her or himself from serving, in which case another member of the staff will be appointed as an alternate.
• This is a College Title IX investigation, not a legal investigation.  A respondent does have the right not to speak to the Title IX Investigator regarding the incident, however, failure to do so may have a negative impact as the Investigator will be unable to take the Respondent's perspective into account in the rendering of an outcome. 
• Retaliation for filing a report or for answering questions during the investigation of a report will not be tolerated and will result in appropriate disciplinary action. The College will make every possible attempt to insure confidentiality and to limit access to information about the report to those with a need to know. All reports will be investigated, and appropriate action will be taken if an individual has violated these policies.
• All timetables in these procedures are intended as guidelines. Reports will be investigated and resolved expeditiously, but since each case is different, each will require its own unique timetable. 
• Extensions may be granted for up to 5 business days upon request by one party and communicated to both if approved by the Title IX Investigator.  In extenuating circumstances, law enforcement may specifically request and justify a longer delay. 
• The Investigator to whom the report is referred will listen to the report as soon as possible. The Investigator will discuss report procedures, the report itself, informal remedies such as mediation and formal investigations as appropriate for the individual case. Serious allegations may be investigated even if the report is verbal and the Reporter does not wish to have the case initiated. The Reporter and the Respondent may have an advisor of their choice. Such advisor shall not ask questions, speak on the individual’s behalf or otherwise participate in the investigation beyond providing advice/support to the individual. The exception to this is during an actual hearing, where the advisors for both parties will take on the role of cross-examiner. 
• If during the initial investigative meeting, the student admits to the substantive fact(s), appropriate sanctions can be levied at the meeting.  The finding may be appealed within five business days of the meeting. 
• Formal Resolution: The timeframe for the Title IX Grievance process begins with the filing of a Formal Complaint. This is a required process for all complaints if the complaint is to proceed. The filing of a Formal Complaint is also a required pre-requisite before opting into an Informal Resolution. The Title IX Coordinator will make every effort to conclude the Grievance Process in a reasonably prompt manner, after the filing of the Formal Complaint, provided, however, that the Grievance Process may be extend for a good reason, including but not limited to, the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
• A written report shall be provided by the Reporter to the Title IX Coordinator or the Department of Public Safety. The report shall indicate the nature of the violation, name(s) of people involved, an explanation of what took place, why the Reporter believes the event was a violation, and shall be signed by the Reporter. The Title IX Coordinator shall assign an Investigator and a Recorder who will conduct the initial investigation of the Reporter.  The Investigator and Recorder will also conduct the initial investigation of the Respondent. A formal investigation involves interviews of the Reporter and Respondent and potentially any relevant witnesses. As with the informal investigation, both parties are permitted to have an advisor present. The advisors do not speak for either party during the investigation. They may provide support. If the case progesses to an actual hearing, the advisors in that scenario will not speak for either party. They will, however, take on the role of cross-examiner, asking the other party relevant questions regarding the case. 
• The Title IX Coordinator shall review the recommendation within three (3) business days of receipt of the report and respond to the Investigator. The Title IX Coordinator will either:

a. Agree with the recommendation;
b. Request more information of the Investigator;
c. Modify the recommendation or
d. Dismiss the recommendation.

• If the Respondent is an employee and is found responsible, the College will address any findings in accordance with College policy and procedures as well as the applicable collective bargaining agreement, if any.
• The Investigator will communicate with the Reporter and Respondent separately to relay the decision within three (3) business days following the response of the Title IX Coordinator. Individual meetings may be scheduled but are at the discretion of the Investigator.
• The Respondent and Reporter may file a written request for appeal with the Investigator within five (5) business days following the meeting in which the written decision was received. The Investigator will provide the appeal request to the Title IX Coordinator who will determine if one or more of the following criteria has been met in order for the appeal to be considered. The Title IX Coordinator is not determining the validity of the appeal. He or she is determining whether the request meets the criteria:

A. A procedural irregularity existed that affected the outcome of the matter;

B. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter, has been discovered; or

C. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.

• Informal Resolution: This is an optional process. If the Reporter chooses an informal resolution, the investigator will meet with the Respondent to attempt to work out an informal resolution acceptable to both parties. The Respondent will be provided with information describing the procedures (online version of the Student Handbook, #Office of Human Resources#), an oral statement of the report, and may have an advisor present. If a solution is reached, the Investigator will recommend to the Title IX Coordinator that the solution be adopted. The case will be considered resolved if the recommended solution is accepted by the Title IX Coordinator. The approved solutions to the informal resolution will then be communicated to both parties in writing and documented accordingly. Individual meetings to communicate the solutions are not necessary in informal cases. Appeals are not permitted with an informal process. Records of the process will be retained in accordance with College policy and procedure.
• The Title IX Coordinator shall review the recommendation within three (3) business days of receipt of the report and respond to the Investigator. The Title IX Coordinator will either:
  1. Agree with the recommendation;
  2. Request more information of the Investigator;
  3. Modify the recommendation or
  4. Dismiss the recommendation. 

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