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If the Respondent is an employee of the Office of the President (including Office of the President employees who work at a campus location), the Review Officer’s report shall be provided to the Vice President for Human Resources for disciplinary action. The hearing shall be before a Discrimination/Sexual Misconduct Review Committee (hereafter “Review Committee”), or if both parties agree, may be conducted by the Title IX Coordinator as a single hearing officer (hereafter “Hearing Officer”).
Inquiries or complaints by students or employees regarding the College’s nondiscrimination policies may be addressed to: Christina M.Mediation requires the consent of all parties to the complaint and shall be documented by an agreement to mediate.When mediation is appropriate, the Title IX Coordinator shall make the offer to the Complainant first.The Title IX Coordinator, or his or her designee, shall provide written notice to the parties of the date, time, and place for the Review Committee hearing.Such notice shall also include a summary of the rules governing how the hearing will be conducted.The complete file, which includes, but is not limited to the complaint, all work product, the investigative report and all dispositions, decisions and/or determinations shall be maintained at the Office of the Title IX Coordinator.
The Title IX Coordinator shall maintain confidentiality of the file, which shall only be disclosed by Order of a court of competent jurisdiction or by applicable state or federal law. The Review Officer shall disclose to the Title IX Coordinator of any potential conflicts of interest which would prevent him or her from conducting the investigation of alleged discrimination or sexual misconduct.Garcia, Civil Rights & Title IX Coordinator, Office of the President, 100 Campus Drive, Dover, DE 19904, (302) 857-1903 [email protected] The Civil Rights Coordinator/Title IX Coordinator (“Title IX Coordinator”) will be responsible for overseeing the prompt, fair and impartial investigation and resolution of reports of discrimination and sexual misconduct to the College.Upon receipt of a complaint, the Title IX Coordinator shall make an initial determination regarding whether or not the complaint states a claim of discrimination or sexual misconduct; provided, however, that no determination that a complaint fails to state a claim for discrimination or sexual misconduct shall be made without first speaking with the Complainant.Absent extenuating circumstances, or an agreement by the parties, the hearing shall take place as soon as practicable.The role of the Review Committee/Hearing Officer shall be to hear and consider testimony and other relevant, reliable evidence and make findings of fact related thereto.If the parties are unable to resolve the complaint through mediation, then the Review Officer shall immediately begin his or her investigation. Notwithstanding the foregoing, neither party may use an advisor for the purpose of obstructing the investigation, intimidating a party or witness, or creating a legitimate fear of retaliation in the other party. An advisor may educate the Complainant or Respondent in regard to the process and may advise the Complainant or Respondent of their rights and options at each stage of the proceedings. The Review Officer shall contact the Complainant and the Respondent to schedule separate initial meetings as soon as practicable after his or her appointment or, if mediation was offered, after it was declined or unsuccessful. The Review Officer shall investigate the complaint to determine whether, by a preponderance of the evidence, the alleged discrimination or sexual misconduct has occurred. The investigation shall include interviews with both parties involved in the complaint, whenever possible, and/or may include interviews with individuals who may have observed the alleged discrimination or misconduct or may have relevant knowledge of the incident.