Page 31 - 2016 Iowa Central Student Handbook
P. 31

The College’s Director, Human Resources / EEO Coordinator may appoint an assistant to act in her
       absence and/or to facilitate the timely resolution of a formal complaint.
       a. Within two (2) calendar days (excluding weekends and federal holidays) of the receipt of the formal
         complaint, the College’s Director, Human Resources / EEO Coordinator shall designate the incident
         investigating official or officials who will investigate the formal complaint (such individual or individuals
         shall not be the party charged with having committed the alleged harassment and/or violence).
         If the College’s investigator determines to interview the complainant and/or of the accused individual,
         the person so interviewed may elect to have another person present during the interview, including
         the opportunity to be accompanied by an advisor of his or her choice and at his or her expense.
         But in no event may such election interfere with the interview or disrupt the complaint procedure
         process provided herein.
       b. A written statement from the complainant shall be obtained by the designated investigating official(s)
         within two (2) calendar days (excluding weekends and federal holidays) of their designation and request
         complainant have no contact with the respondent pending the investigation. The investigating official
         will then immediately contact the respondent, inform the person of the basis of the complaint and
         provide the person an opportunity to respond with a written statement. The investigating official
         shall specifically request that the respondent have no contact with the complainant pending the
         investigation. The respondent will then have two (2) calendar days (excluding weekends and federal
         holidays) from the date of notification to make a written response to the investigating official.
       c.  Upon receipt of the response(s), the investigating official shall report in writing to the College’s Director,
         Human Resources / EEO Coordinator the fact findings of the investigation and shall in writing notify
         the complainant and the respondent of said written fact finding report within fourteen (14) calendar
         days (excluding weekends and federal holidays) of the appointment of the investigating official. The
         College’s Director, Human Resources / EEO Coordinator shall review the written fact finding report to
         determine, by the weight of the evidence, taking into account the totality of all reported evidence, if
         it is more probably true than not that harassment or violence in violation of this policy has occurred.
         Upon completion of the review and determination by the College’s Director, Human Resources / EEO
         Coordinator, both the complainant and the respondent shall be notified separately in person and in
         writing by the College’s Director, Human Resources / EEO Coordinator of her decision within seven
         (7) calendar days (excluding weekends and federal holidays) of receiving the investigating officer’s
         written report. The complainant and the respondent shall be notified if the College’s Director, Human
         Resources / EEO Coordinator is unable to meet with them in person within seven (7) calendar days
         (excluding weekends and federal holidays) and a meeting will be scheduled as soon as possible. The
         College’s Director, Human Resources / EEO Coordinator will meet separately with the complainant
         and with the respondent and will address any questions concerning the determination or resolution
         with each individual during the respective meeting.
       d. If it is determined it is more probably true than not that a violation of College policy has occurred,
         the College’s Director, Human Resources / EEO Coordinator will forward her written decision to
         the administrator with authority discipline or to make recommendations concerning discipline and
         who will take or recommend appropriate disciplinary action.
       Retaliation Prohibited - Iowa Central Community College will discipline or take appropriate action
       against any student, faculty member, staff member, administrator, or other College employee who
       retaliates against any person who reports harassment or violence under this policy.
       Any student or employee of the College who retaliates against another for testifying, assisting, or
       participating in any investigation or proceeding relating to harassment or violence under this policy
       will be subject to discipline. Retaliation includes, but is not limited to, any form of intimidation,
       reprisal, or harassment.
       10. Disciplinary Action: The College reserves the right to take whatever measures it deems necessary
       in response to a complaint of harassment or violence by a student, faculty member, staff member,
       administrator, or other College employee because of race, color, religion, creed, sex, sexual orientation,
       gender identity, sex stereotyping, marital status, socioeconomic status, military service, national origin,
       age, disability, and/or any other status protected by federal, state, or local law. Such measures include
       as to employees discipline up to and including recommending termination of employment and as to
       students include, but are not limited to, modification of on-campus housing arrangements, interim
       suspension from campus pending a decision, and expulsion, and as to employees and students reporting
       the matter to local law enforcement agency in Fort Dodge, Iowa or in the community where another
       center/campus of the College is located. Not all forms of sexual misconduct will be deemed to be equally
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