X. Closure or Dismissal of a Complaint

The Complainant’s Home Institution’s Title IX Coordinator may dismiss a report, Complaint, or any included allegations, at any time after the report or Complaint is made, including during the Investigation and Hearing Resolution process, if it is determined that:

  • The Complainant’s Home Institution’s Title IX Coordinator is unable to identify the Respondent after taking reasonable steps to do so;
  • The Respondent is not participating in any TCC Institution education programs or activities and/or is not employed by a TCC Institution;
  • The Complainant voluntarily withdraws their Complaint in writing, and the Complainant’s Home Institution’s Title IX Coordinator determines they will not continue with the Complaint process against Complainant’s wishes;
  • The Complainant voluntarily withdraws, in writing, some but not all allegations in a Complaint, and the Complainant’s Home Institution’s Title IX Coordinator determines that, the conduct that remains alleged in the Complaint would not constitute Prohibited Conduct under this Policy; or,
  • The Complainant’s Home Institution Title IX Coordinator determines the conduct alleged in the Complaint, even if proven, would not constitute Prohibited Conduct under this Policy.

Before dismissing a Complaint, the Complainant’s Home Institution’s Title IX Coordinator will make reasonable efforts to clarify the allegations with the Complainant.

A decision to dismiss a Complaint or close a matter based on any of the above-listed factors is made at the discretion of the Complainant’s Home Institution’s Title IX Coordinator, in consultation with the TCC Title IX Administrator. The Respondent’s Home Institution’s Title IX Coordinator will also be consulted for decisions involving Cross-Campus Complaints.

Upon decision to dismiss the Complaint, which may effectively terminate a pending Investigation and Hearing Resolution process, the TCC Title IX Administrator will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the TCC Title IX Administrator will notify the Parties simultaneously, in writing. If a dismissal of one or more allegations changes the appropriate Resolution Process under this Policy, then the TCC Title IX Administrator will also include that information in the notification.

The TCC Title IX Administrator will notify the Complainant that a dismissal may be appealed on any of the appeal grounds outlined in the Appeals Rights and Process Section XVIII.A. If dismissal occurs after the Respondent has been notified of the allegations, then the TCC Title IX Administrator will also notify the Respondent of the dismissal and that the dismissal may be appealed on the same basis. If a dismissal is appealed by any Party, TCC will follow the appeal procedures, as applicable, outlined in Section XVIII of this Policy.

Even when a Complaint is dismissed, the Complainant’s Home Institution’s Title IX Coordinator will, at a minimum:

  • Offer Supportive Measures to the Complainant, as appropriate;
  • If the Respondent has been notified of the Complaint or allegations, the Respondent’s Home Institution’s Title IX Coordinator (if different) will offer Supportive Measures to the Respondent, as appropriate; and
  • Take other prompt and effective steps, as appropriate, through the Home Institution Title IX Coordinator(s) to ensure that Prohibited Conduct does not continue or recur within the TCC Institution education programs or activities.

A Complainant who decides to withdraw a Complaint may later request to reinstate or refile the Complaint.