108 Chabot College 2024-2026 STUDENT RIGHTS AND RESPONSIBILITIES DETERMINATIONS OF RESPONSIBILITY When the Decision-Maker makes a determination of responsibility or non-responsibility, the Decision-Maker will issue a written determination regarding responsibility, no later than 20 business days after the date that the hearing ends. When making a determination regarding responsibility, a Decision-Maker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence. A Decision- Maker may not make credibility determinations based on an individual’s status as a Complainant, Respondent, or witness. In evaluating the evidence, the Decision-Maker will use the preponderance of the evidence standard. Thus, after considering all the evidence it has gathered, the District will decide whether it is more likely than not that sexual harassment occurred. The written determination will include: • Identification of the allegations potentially constituting Title IX sexual harassment as defined in these procedures; • A description of the procedural steps taken from the receipt of the formal complaint through the determination, including who conducted the investigation and gave notifications to the Parties. The determination will also state when, where, and the date the investigator interviewed the Parties and witnesses, conducted site visits, the methods used to gather other evidence. The procedural section should also discuss the dates and how the Parties were provided the opportunity to review and inspect evidence and the date of any hearings held and who attended the hearing; • Findings of fact supporting the determination. In making these findings, the Decision-Maker will focus on analyzing the findings of fact that support the determination of responsibility or non-responsibility; • Conclusions regarding the application of the District’s code of conduct to the facts; • A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility; • A statement of, and rationale for, any disciplinary sanctions the District imposes on the Respondent; • A statement of whether the District will provide the Complainant with remedies designed to restore or preserve equal access to the District’s education program or activity; • The District need not disclose to the Respondent remedies that do not affect him/her/them as part of the written determination. The District can inform the Respondent that it will provide remedies to the Complainant. However, the District will inform the Complainant of the sanctions against the Respondent; • The District’s procedures and permissible bases for the Complainant and Respondent to appeal. The District will provide the written determination to the Parties simultaneously. The determination regarding responsibility becomes final either on the date that the District provides the Parties with the written determination of the result of the appeal, if the Parties file an appeal, or if the Parties do not file an appeal, the date on which an appeal would no longer be timely. DISCIPLINARY SANCTIONS AND REMEDIES The District must have completed the grievance procedures (investigation, hearing, and any appeal, if applicable) before the imposing disciplinary sanctions or any other actions that are not supportive measures against a Respondent. If the Decision-Maker determines the Respondent was responsible for conduct that constitutes sexual harassment, the District will take disciplinary action against the Respondent and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. Remedies for the Complainant might include, but are not limited to: • Providing an escort to ensure that the Complainant can move safely between classes and activities; • Ensuring that the Complainant and Respondent do not attend the same classes or work in the same work area; • Providing counseling services or a referral to counseling services; • Providing medical services or a referral to medical services; • Providing academic support services, such as tutoring; • Arranging for a Complainant, if a student, to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant’s academic record; and • Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant’s discipline. Possible disciplinary sanctions for student Respondents include written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion. Possible disciplinary sanctions for employee Respondents include written or verbal reprimand, required training or counseling, reduction in, demotion, suspension, or discharge. APPEAL OF DISMISSAL OF A FORMAL COMPLAINT OR OF THE DETERMINATION OF RESPONSIBILITY A Complainant or Respondent may appeal the District’s determination regarding responsibility or the dismissal of a formal complaint or any allegations. A Complainant or Respondent must submit a written appeal within seven business days from the date of the notice of determination regarding responsibility or from the date of the District’s notice of dismissal of a formal complaint or any allegations.
