Chabot College 2024-2026 115 STUDENT RIGHTS AND RESPONSIBILITIES If the District imposes discipline, the nature of the discipline will not be communicated to the Complainant. However, the District may disclose information about the sanction imposed on an individual who was found to have engaged in harassment when the sanction directly relates to the Complainant; for example, the District may inform the Complainant that the harasser must stay away from the Complainant. Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies and procedures, including the provisions of any applicable collective bargaining agreement. The District shall also take reasonable steps to protect the Complainant from further harassment, or discrimination, and to protect the Complainant and witnesses from retaliation as a result of communicating the complaint or assisting in the investigation. The District will ensure that Complainants and witnesses know how to report any subsequent problems and should follow- up with Complainants to determine whether any retaliation or new incidents of harassment have occurred. The District shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all Parties to the extent possible without impeding the District’s ability to investigate and respond effectively to the complaint. If the District cannot take disciplinary action against the accused individual because the Complainant refuses to participate in the investigation, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence. APPEALS If the District imposes discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the procedure for appealing a disciplinary decision. If the Complainant is not satisfied with the results of the administrative determination, he/she/they may, within 30 days, submit a written appeal to the Board of Trustees. In a complaint involving student sexual misconduct not subject to Title IX, a Respondent who is not satisfied with the results of the administrative determination may submit a written appeal to the District’s Board of Trustees within 30 days. The Board shall review the original complaint, the investigative report, the administrative decision, and the appeal. The Board shall issue a final District decision in the matter within 45 days after receiving the appeal. A copy of the decision rendered by the Board shall be forwarded to the Complainant and the Respondent. The Complainant shall also be notified of his/her/ their right to appeal this decision. If the Board does not act within 45 days, the administrative determination shall be deemed approved on the forty-sixth day and shall become the final decision of the District in the matter. The District shall promptly notify the Complainant and the Respondent of the Board’s action, or if the Board took no action, that the administrative determination is deemed approved. In any case not involving workplace discrimination, harassment, or retaliation, the Complainant shall have the right to file a written appeal with the California Community Colleges Chancellor’s Office within 30 days after the Board issued the final District decision or permitted the administrative decision to become final. Such appeals shall be processed pursuant to the provision of Title 5 Section 59350. In any case involving employment discrimination, including workplace harassment, the Complainant may, at any time before or after the issuance of the final decision of the District, file a complaint with the Department of Fair Employment and Housing. REMAND The California Community College Chancellor’s Office may remand any matter to the District for any of the following reasons: to cure defects in the investigation or in procedural compliance; to consider new evidence not available during the investigation despite the Complainant’s due diligence that would substantially impact the outcome of the investigation; or to modify or reverse a decision of the District’s Board of Trustees based upon misapplication of an applicable legal standard or an abuse of discretion. If the California Community College Chancellor’s Office remands a matter to the District, the District shall take necessary action and issue a decision after remand within 60 days. In any case not involving employment discrimination, the Complainant may appeal the District’s amended determination to the California Community College Chancellor’s Office within 30 days by following the appeal procedures above. EXTENSION OF TIME If the District is unable to comply with the 90-day deadline, the District may extend the time to respond by up to forty-five additional days. An extension may be taken only once without permission from the California Community Colleges Chancellor’s Office, and must be necessary for one of the following reasons: • a need to interview a party or witness who has been unavailable; • a need to review or analyze additional evidence, new allegations, or new complaints related to the matter; or • to prepare and finalize an administrative determination.
