IX. Response to a Report or Complaint of Prohibited Conduct

A. Initial Contact by the Complainant’s Home Institution’s Title IX Coordinator

Following receipt of a report or Complaint alleging Prohibited Conduct under this Policy, the Complainant’s Home Institution’s Title IX Coordinator will contact the Complainant to request to meet with them for an initial intake and assessment meeting, and will provide the following information in their outreach to Complainant:

  • An invitation to meet with Complainant’s Home Institution’s Title IX Coordinator to offer assistance and explain their rights, resources, and options under this Policy;
  • Access to this Policy via link or attachment;
  • Information regarding available campus and community-based resources for counseling, health care, mental health, or victim advocacy. Upon request, information regarding legal assistance, visa and immigration assistance, student financial aid and other available services may be provided;
  • The availability of Supportive Measures regardless of whether a Complaint is filed and/or any Resolution Process is initiated;
  • Information regarding resolution options (Support-Based, Agreement-Based, and Investigation and Hearing Resolution) under this Policy, how to initiate such Resolution Processes; and how those procedures work, including contacting and interviewing Respondent and seeking identification and location of witnesses;
  • The right to notify law enforcement as well as the right not to notify law enforcement;
  • The importance of preserving evidence and, in the case of potential criminal misconduct, how to get assistance from TCC Campus Safety or local law enforcement in preserving evidence;
  • The right to have a Support Person and/or Advisor during any meetings or proceedings under this Policy, including the initial meeting with the Complainant’s Home Institution’s Title IX Coordinator; as well as the right to consult with an attorney, at their own expense, at any stage of the process if they wish to do so; and
  • A statement that Retaliation for reporting a concern, filing a Complaint, or participating in the Complaint process, is prohibited.

If the Title IX Coordinator who received the report is different from the Complainant’s Home Institution’s Title IX Coordinator, then the Title IX Coordinator who received the report will forward the report to the appropriate Home Institution Title IX Coordinator.

B. Initial Intake Meeting and Assessment

A Complainant, or another individual reporting the potential Prohibited Conduct (Reporting Party),[1] may meet with their Home Institution’s Title IX Coordinator for the purposes of discussing their reporting options, Supportive Measures, and resolution options under this Policy. The primary concern during the intake meeting shall be safety, and a trauma-informed approach shall be used while meeting with the Complainant.

Below is a summary of the topics the Complainant’s Home Institution’s Title IX Coordinator will address during the intake meeting with the Complainant:

  • Assistance with immediate safety concerns, care and support resources, medical providers, and law enforcement;
  • Supportive Measures; and
  • Procedures for determining next steps and appropriate resolution options under this Policy, including Agreement-Based Resolution options.

During this initial meeting, or in a separate follow-up meeting, the Complainant’s Home Institution Title IX Coordinator will gather preliminary information about the nature of the circumstances or the report to determine appropriate next steps, including appropriate Supportive Measures, whether this Policy applies, and if so, which resolution option(s) may be appropriate based on the allegations and status of the Parties. Information gathered may include names of individuals involved, date of incident(s), location of incident(s), and a description of the alleged incident. The Complainant’s Home Institution’s Title IX Coordinator may also determine that the provision of only Supportive Measures is the appropriate response under the Policy based on the information provided. The intake meeting is not intended to serve as an exhaustive interview, but rather to provide the Complainant’s Home Institution’s Title IX Coordinator with sufficient contextual information to determine the appropriate next steps to support the Complainant and to guide the TCC Institution’s response. The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the report or Complaint is not the actual Complainant, the Complainant’s Home Institution’s Title IX Coordinator will limit communication to general information regarding this Policy.

Should the Complainant wish to initiate the Resolution Process, the Complainant’s Home Institution’s Title IX Coordinator will determine whether this Policy applies and, if so, the appropriate process under this Policy. The Complainant’s Home Institution’s Title IX Coordinator will communicate to the Complainant the determination whether to initiate the Resolution Process, close the matter due to insufficient information to warrant further review under this Policy, and/or refer the matter for handling under a different policy, and/or appropriate TCC Institution office for handling, pursuant to the dismissal provisions of this Policy in Section X. The Complainant’s Home Institution’s Title IX Coordinator will make reasonable efforts to clarify the allegations with the Complainant prior to any determination to close, dismiss, or refer the report or Complaint.

If the reported information involves a student or employee Respondent from a different TCC Institution, then the Complainant’s Home Institution’s Title IX Coordinator and Respondent’s Home Institution’s Title IX Coordinator will jointly make the initial assessment and determination.

C. Request for Confidentiality or No Further Action

When a Complainant requests that their Home Institution’s Title IX Coordinator not use their name as part of any Resolution Process, or that their Home Institution Title IX Coordinator not take any further action, the Complainant’s Home Institution’s Title IX Coordinator will take the requests seriously and generally grant the request, while at the same time considering the TCC Institution’s responsibility to provide safe and nondiscriminatory access to TCC Institution programs and activities, including learning and work environments.

However, the Complainant’s Home Institution’s Title IX Coordinator and TCC Institution’s ability and options to address Complainant’s concerns will be limited if the Complainant’s identity cannot be shared with the Respondent. For example, an equitable and fair ABR process or Investigation and Hearing Resolution process would not be feasible resolution options without disclosing the Complainant’s identity to the Respondent.

Also, there are circumstances where a Complainant may not want to pursue an investigation, however, their Home Institution’s Title IX Coordinator determines there is a broader obligation to the TCC community and may need to act against the wishes of the Complainant. In determining whether to disclose Complainant’s identity or proceed to an investigation over the objection of Complainant, the Home Institution’s Title IX Coordinator and/or TCC may consider the following:

  • The Complainant’s request not to proceed with initiation of a Complaint or investigation process;
  • The Complainant’s reasonable safety concerns if their identity is disclosed or an investigation process is initiated;
  • The risk that additional acts of Prohibited Conduct would occur if a Complaint is not initiated;
  • Whether there are multiple or prior reports of the same or similar Prohibited Conduct against the Respondent;
  • The severity of the alleged Prohibited Conduct, including whether the Prohibited Conduct, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the Prohibited Conduct and prevent its recurrence; or if Respondent reportedly used a weapon, physical restraints, or engaged in physical assault;
  • The age and relationship of the Parties, including whether the Respondent is an employee of a TCC Institution, and whether there is an identifiable power differential between Complainant and Respondent (with regard to positional authority or employment);
  • The scope of the alleged Prohibited Conduct, including information suggesting a pattern, ongoing Prohibited Conduct, or Prohibited Conduct alleged to have impacted multiple individuals;
  • Whether the TCC Institution is able to conduct a thorough investigation under this Policy and obtain relevant evidence in the absence of Complainant’s participation and cooperation;
  • The availability of evidence to assist a Hearing Decisionmaker in determining whether Prohibited Conduct occurred;
  • Whether the Parties’ Home Institution’s Title IX Coordinator(s) and Parties’ TCC Home Institution could end the alleged Prohibited Conduct and prevent its recurrence without initiating its Investigation and Hearing Resolution procedures under this Policy; and,
  • Whether the alleged Prohibited Conduct presents an imminent and serious threat to the health or safety of the Complainant or other persons, or that the conduct as alleged prevents any TCC Institutions from ensuring equal access on the basis of sex to its education programs or activities.

If the Complainant’s Home Institution’s Title IX Coordinator determines that it can honor the Complainant’s request for confidentiality, it shall still take reasonable steps to respond to the report, consistent with the request, to limit the effects of the alleged Prohibited Conduct and prevent its recurrence without initiating formal action against the alleged Respondent or revealing the identity of Complainant. These steps may include increased monitoring, supervision, or security at locations or activities where the alleged Prohibited Conduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual misconduct.

The Complainant’s Home Institution Title IX Coordinator and TCC Institution shall also take immediate steps to provide for the safety of Complainant while keeping Complainant’s identity confidential as appropriate. These steps may include changing living arrangements or course schedules, assignments, or tests. Complainant shall be notified that the steps TCC will take to respond to the complaint will be limited by the request for confidentiality.

If the Complainant’s Home Institution’s Title IX Coordinator determines that it must disclose Complainant’s identity to the Respondent or proceed with an investigation, they will inform Complainant, in writing, prior to making this disclosure or initiating taking any action. The Complainant’s Home Institution’s Title IX Coordinator and TCC Institution shall also take immediate steps to provide for the safety of Complainant where appropriate. In the event Complainant requests that Complainant’s Home Institution’s Title IX Coordinator inform Respondent that Complainant asked the Complainant Home Institution’s Title IX Coordinator not to investigate or seek discipline, the Complainant’s Home Institution’s Title IX Coordinator will honor this request.

D. Emergency Removal

In certain circumstances, a Respondent’s Home Institution may remove a Respondent from a TCC Institution’s education program or activity on an emergency basis. In Cross-Campus matters where all Parties are students, the Complainant’s Home Institution’s Title IX Coordinator or designee, shall be consulted and given the opportunity to participate in every step of the emergency removal process, including participating in all communications, meetings, and correspondence regarding the individualized safety and risk assessment. An emergency removal is not equivalent to a determination of responsibility, nor is it a sanction for alleged behavior. The Respondent’s Home Institution can pursue an emergency removal of a student and/or employee, including students in their capacity as student employees, Respondent regardless of whether a Complaint is filed, or before or after the filing of a Complaint.

Emergency removals will occur only after the Respondent’s Home TCC Institution has completed the following steps:

  1. Completion of an individualized safety and risk analysis. This analysis will focus on the specific Respondent and the specific circumstances arising from the allegations of Prohibited Conduct.
  2. Determination that the following three components are present:
    1. An imminent and serious threat justifying emergency removal. This analysis should focus on the Respondent’s propensity, opportunity, and/or ability to effectuate a stated or potential threat. This determination will be fact-specific.
    1. The threat is to the health or safety of a TCC Institution’s students, employees, or other persons.This may be the Complainant, the Respondent, or any other individual.
    1. And it is a threat arising from the allegations of Prohibited Conduct.For purposes of emergency removal under this Policy, the emergency situation must specifically arise from the allegations of Prohibited Conduct.
  3. Consideration of the appropriateness of Supportive Measures in lieu of an emergency removal. Emergency removals should only occur when there are genuine and demonstrated emergency situations.
  4. Respondent’s Home Institution provides the Respondent with notice and anopportunity to appeal the decision immediately following the emergency removal. The Respondent’s Home Institution will provide the Respondent with a sufficiently detailed notice, notifying the Respondent of the identified imminent and serious threat of health or safety to any individuals. Pursuant to the process identified in the applicable student conduct code, employee handbook, or similar policy of the Respondent’s Home Institution, Respondent’s Home Institution will provide the Respondent with notice and the opportunity to appeal the emergency removal decision immediately following the removal. The Respondent may challenge the decision by notifying their Home Institution Title IX Coordinator in writing.

E. Administrative Leave (Only Employees Covered by this Policy)

For TCC Institution employees subject to this Policy, a TCC Institution may place an employee Respondent on administrative leave in response to a reported concern while a resolution is pending under this Policy. At the discretion of the Respondent’s Home Institution, the Respondent’s Home Institution can place an employee Respondent on administrative leave regardless of whether a Complaint is filed, or before or after the filing of a Complaint. A TCC student who is also an employee subject to this Policy can be placed on administrative leave with respect to their employment, but administrative leave cannot impact their educational access, removal from which must be pursuant to the emergency removal provisions outlined in Section IX.D.

For employees subject to this Policy, their Home Institution has its own process for implementing administrative leave.

Placement on administrative leave is not equivalent to a determination of responsibility, nor does it constitute discipline for alleged behavior prior to the conclusion of the Resolution Process under this Policy.

F. Student Withdrawal or Employee Resignation While Matters Are Pending

If a student or employee Respondent that is subject to this Policy withdraws or resigns from their TCC Institution with unresolved allegations pending, regardless of the stage of the process, the Complainant and Respondent’s Home Institution Title IX Coordinators will consider whether and how to proceed with the Resolution Process. This includes the decision whether to continue with the pending Resolution Process through conclusion, to the extent possible, or to dismiss or terminate the Complaint and Resolution Process.

Each Party’s Home Institution Title IX Coordinator will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s) and any ongoing effects of the alleged Prohibited Conduct.

Subject to the discretion of the Respondent’s Home Institution, a student Respondent who withdraws or leaves at any point during the Resolution Process may not return to their TCC Home Institution without first resolving any pending allegations of Prohibited Conduct under this Policy. Such exclusion may apply to all TCC Institutions, and any TCC Institution programs, and activities. The Respondent’s TCC Institution may place a registration hold, and/or notation on their transcript, or otherwise note their record indicating that they withdrew or left TCC pending the process under this Policy.

An employee Respondent who is subject to this Policy who resigns without resolving pending allegations of Prohibited Conduct under this Policy, regardless of the stage of the process, may not be eligible for rehire with that TCC Institution and the records retained by the Home Institution Title IX Coordinator and Human Resources Office may reflect that status. Responses to future inquiries regarding employment references for employees covered by this Policy may include that the former employee resigned or left their employment during a pending process.

[1] Upon receipt of a report of Prohibited Conduct made by an individual other than the Complainant (referred to as the “Reporting Party” in this instance), and the Complainant’s identity is disclosed within the report, or is otherwise known to the Complainant’s Home Institution’s Title IX Coordinator, Complainant’s Home Institution’s Title IX Coordinator may meet or communicate with the Reporting Party that they will contact Complainant to offer to meet with them. If Complainant’s identity is not disclosed in the report, the Complainant’s Home Institution’s Title IX Coordinator may request that information from the Reporting Party, who may decide whether or not to disclose this information to the Complainant’s Home Institution’s Title IX Coordinator.