Title IX -- Resolution Process

Martin Community College will act on any formal or informal notice/complaint of violation of the Title IX Policy that is received by the Title IX Coordinator or any other Official with Authority.

Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of the Policy, the Title IX Coordinator initiates a prompt initial assessment to determine the next steps the college needs to take.

The Title IX Coordinator will initiate at least one of three responses:

1. Offering supportive measures because the Complainant does not want to file a formal complaint; and/or

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the college’s education program or activity, including measures designed to protect the safety of all parties or the college’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

The college will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the college’s ability to provide the supportive measures. The college will act to ensure as minimal an academic/occupational impact on the parties as possible. The college will implement measures in a way that does not unreasonably burden the other party.

These actions may include, but are not limited to:

• Referral to outside counseling, medical and/or other healthcare services
• Referral to community-based service providers
• Student financial aid counseling
• Education to the community or community subgroup(s)
• Altering work arrangements for employees or student employees
• Safety planning
• Providing campus safety escorts
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.

Martin Community College does not offer any on-campus health, mental health, victim advocacy, legal assistance or visa and immigration assistance. Community resources can be obtained from the Title IX Coordinator.

2. An informal resolution (upon submission of a formal complaint); and/or

Informal Resolution can include three different approaches:

• When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation.
• When the parties agree to resolve the matter through an alternative resolution mechanism as described below, usually before a formal investigation takes place; see discussion in b., below.
• When the Respondent accepts responsibility for violating policy, and desires to accept a sanction and end the resolution process (similar to above, but usually occurs post-investigation); see discussion in c., below.

To initiate Informal Resolution, a Complainant needs to submit a formal complaint, as defined above. A Respondent who wishes to initiate Informal Resolution, they should contact the Title IX Coordinator.

It is not necessary to pursue Informal Resolution first in order to purse a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process.

Prior to implementing Informal Resolution, the college will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the college.

The college will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

Alternative Resolution Mechanism

Alternative Resolution is an informal mechanism by which the parties reach a mutually agreed upon resolution of an allegation. All parties must consent to the use of an Alternative Resolution mechanism.

The Title IX Coordinator may look to the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the parties:

• The parties’ amenability to Alternative Resolution
• Likelihood of potential resolution, taking into account any power dynamics between the parties
• The parties’ motivation to participate
• Civility of the parties
• Results of a violence risk assessment/ongoing risk analysis
• Disciplinary history
• Whether an emergency removal is needed
• Skill of the Alternative Resolution facilitator with this type of allegation
• Complaint complexity
• Emotional investment/capability of the parties
• Rationality of the parties
• Goals of the parties
• Adequate resources to invest in Alternative Resolution (time, staff, etc.)

The ultimate determination of whether Alternative Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Informal Resolution or Alternative Resolution are not appealable.

Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria above.

If Informal Resolution is applicable, the Title IX Coordinator will determine whether all parties and the college are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of college policy and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary.

This result is not subject to appeal once all parties indicate their written assent to all agreed upon terms of resolution. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.

When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the sexual harassment or retaliation, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

Negotiated Resolution

The Title IX Coordinator with the consent of the parties, may negotiate and implement an agreement to resolve the allegations that satisfies all parties and the college. Negotiated Resolutions are not appealable.

3. A Formal Grievance Process including an investigation and a hearing (upon submission of a formal complaint).

The Title IX Coordinator will provide written notice of the investigation and allegations (the "NOIA") to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who is to be given advance notice of when the NOIA will be delivered to the Respondent.

Notice will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the permanent address(es) of the parties as indicated in official college records, or emailed to the parties’ college-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered

The college will make a good faith effort to complete the resolution process within a sixty-to-ninety (60-90) business day time period, including appeal, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.