1. No resolution / action requested
2. Informal resolution
3. Formal resolution

• An equitable and fair process to resolve the complaint
• Equal opportunity to provide names of relevant witnesses and other evidence to be included in the investigation
• Equal opportunity to have an adviser at any stage of the proceedings. (see Resources and Support for Complainants and Respondents – Advisor)
• Preponderance of the evidence (more likely than not) standard in fact-finding and formal resolution procedures
• Right to an appeal
• Receive written notification of the outcomes of both the investigation, College Review Board’s sanctioning decision, and the appeal decision, if applicable
• All records of sexual misconduct complaints and resolutions remain confidential to the extent allowed by law

No Resolution / Action Requested

If the complainant does not wish to have any actions taken by the college, the Title IX Coordinator will determine if the College can honor that request. If the request can be honored, the Title IX Coordinator will document the complaint and the request for no action and then close the case. At any time, the complainant may make a request for informal or formal resolution to take place.

 

Informal Resolution

An individual who wishes to file a complaint of sexual harassment, discrimination, and misconduct at Louisburg College but who does not wish to pursue a formal resolution may request a less formal proceeding, referred to as the informal resolution process. The informal resolution process is not available for complaints of sexual violence, such as sexual assault, even on a voluntary basis. The informal resolution process is intended to resolve complaints quickly, efficiently, and to the mutual satisfaction of both parties. The informal resolution process should be initiated as soon as possible after notifying the College of a complaint, and if this is desired by the complainant and the respondent. Though there may be 13 other options to informally resolve a complaint, mediation is the most commonly used and preferred method since it encourages a dialogue between the complainant(s) and respondent(s).

 

The complainant may request informal resolution through mediation with the respondent conducted by the Title IX Coordinator or designee (when the incident involves a Louisburg College student) Mediation are never appropriate in incidents involving sexual violence. Both the complainant and the respondent must agree to participate in the informal mediation, and either party can end the mediation process at any time. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate.

 

With all informal resolutions, the goal is to facilitate the resolution of the incident to the satisfaction of both persons involved, and to reach an agreement that is binding on both parties. If the complainant and the respondent are satisfied with the outcome of the informal resolution, the matter will be considered resolved. Both the complainant and the respondent have the right to bypass or end the informal resolution process to initiate the Formal Resolution process. Any failure to comply with the terms of an informal resolution agreement may result in additional disciplinary action.

 

Formal Resolution

The formal resolution process consists of:

• An unbiased and fair investigation
• Recommendation of violations and outcomes, including conduct status and sanctions or employee disciplinary action;
• Title IX Coordinator accepts, rejects, or returns report
• Respondent(s) and complainant(s) notified of violations, outcomes, and sanctions;
• Assigning conduct status and sanctions or employee disciplinary action;
• Assigning conduct status and sanctions or employee disciplinary action;

 

Note: The respondent and complainant have the right to appeal decisions (see Procedures for Appeal of a Formal Resolution Decision)

Timeline

A formal resolution process begins with the Title IX Coordinator assigning the complaint investigation to a trained Title IX Investigator, typically a member of the Louisburg College staff. This investigation will begin promptly and typically be concluded within thirty (30) days from the date of the complaint, unless extenuating circumstances necessitate a longer time frame. If an investigation cannot be completed in that time, the investigator will communicate in writing to the complainant and the respondent the need for an extended time and an estimated date of completion.

 

Investigator

The complainant(s) and respondent(s) will be informed of who has been assigned as the investigator. The assigned investigator is tasked with gathering the facts of the case and documenting the statements of all involved. The investigator will conduct an investigation and make decisions without bias toward the respondent or complainant. The facts of the case and statements made by those involved will be used to determine what was more likely than not to have happened in the incident.

 

Conflict of Interest / Biased

If a complainant or respondent feels the investigator has a conflict of interest and is unable to conduct the investigation and make a recommendation of responsibility in a fair and unbiased manner, the complainant or respondent may submit, in writing, to the Title IX Coordinator the reasons why a conflict exists. This must be received within two business days from the date of notification. If the Title IX Coordinator agrees that a conflict could exist, a new investigator will be assigned. An investigator’s prior knowledge of the respondent or complainant does not necessarily mean a conflict of interest exists; a conflict of interest will be deemed to exist if it is believed the investigator cannot conduct the investigation or make decisions in an unbiased or fair manner. If, during the investigation, the complainant or respondent feel the investigator is being biased or unfair, they should inform the Title IX coordinator immediately in writing. The Title IX Coordinator will examine the information, make further inquiries if necessary, and determine if the investigator should be replaced.

  

Investigation

During the investigation, the assigned investigator will determine any sources of relevant information necessary to make an informed, unbiased, and fair decision. The investigator will review the initial complaint and notify the respondent(s) of the alleged violations of the Title IX Policy and any other possible policy violations (Student Code of Conduct, Employee Handbook, etc.). The respondent will have the right to know the approximate date(s) and location(s) of the incidents and who is the named complainant. Any requests for information or interviews will be made through College email. The investigator will request that the complainant(s) and respondent(s) provide a list of any individuals who should be interviewed as witnesses to the incident; witnesses should have first-hand knowledge of the incident. The investigator will interview the complainant(s), respondent(s) and all possible witnesses.

 

The investigator may gather additional information that may include, but not limited to:

• Reviewing campus and community law enforcement investigation documents (if applicable)
• Reviewing student and employee files
• Images/video from security cameras
• Texts and social media posts
• Examining all other relevant documents and evidence

The complainant and respondent should share any relevant information and evidence which will assist the investigator.

 

Report

The investigator will compile all of the information gathered during the investigation. A report will be written stating the agreed upon facts, disputed facts and statements, and evidence gathered. The investigator will notify the complainant(s) and respondent(s) once the report is complete and allow each to review the report, in person and in the presence of the investigator or designated staff member. No recording, copying, or removing of the report will be allowed.

 

Written Statement

The complainant and respondent will each be able to submit written statements to:

1. Dispute a statement they believe misrepresents what they said;
2. Dispute a statement made by another person; or
3. Include new or clarifying information

The investigator will review the statements and determine if the report should be altered, corrected, or amended. If the report is altered, corrected, or amended, the respondent and complainant will be able to review the final report. Additional changes will be conducted in a similar manner.