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VIII. REPORTING AND RESPONDING TO A COMPLAINT

 All members of the CWSL community are strongly encouraged to contact the Title IX Coordinators if they observe or encounter conduct that may be subject to the Policy. This includes conduct by employees, students, or third parties.  Reports of Sexual Misconduct may be brought to the Title IX Coordinators, or to any manager, supervisor, or other designated employee responsible for responding to reports of Sexual Misconduct.  If the person to whom Sexual Misconduct normally would be reported is the individual accused of harassment, reports may be made to another manager, supervisor, or designated employee. Managers, supervisors, and designated employees are required to notify the Title IX Compliance Officer or other appropriate official designated to review and investigate Sexual Misconduct complaints when a report is received.

  1. Prompt Reporting Encouraged

    Complainants of Sexual Misconduct may report incidents at any time, but are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding.  Complainants are strongly encouraged to report incidents to the local police department and campus security.  Complainants are also encouraged to contact the local victim/survivor services office, counseling centers, and health care providers for appropriate action.  In general, there is no time limit for students to make a report, but an undue delay in reporting may affect the quality or preservation of evidence or witness testimony that would have been available.  Employees who have experienced or observed conduct that they believe is contrary to this Policy have an obligation to promptly make a report.  Timely reporting is necessary for employees.  Professional counselors, when acting as such, are not considered to be a campus security authority.  Please note that professional counselors are not required to disclose knowledge of crimes reported to them except when necessary to prevent harm.

  2. Confidentiality

    To the extent permitted by law, the confidentiality and/or the identities of all parties involved in the investigation and/or resolution of alleged or suspected violations of this Policy will be observed, provided that it does not interfere with the School’s ability to conduct an investigation and take any corrective action deemed appropriate.

    When weighing a complainant’s request for confidentiality or that no investigation, hearing or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the following:

    1. The increased risk that the respondent will commit additional acts of Sexual Misconduct, such as: whether there have been other Sexual Misconduct complaints about the same respondent, whether the respondent has a history of violence, and whether the respondent threatened further Sexual Misconduct or other violence against the complainant or others.
    2. Whether the Sexual Misconduct was committed by multiple perpetrators.
    3. Whether the Sexual Misconduct was perpetrated with a weapon.
    4. Whether the School possesses other means to obtain relevant evidence of the Sexual Misconduct (e.g. security cameras or personnel, physical evidence).
    5. Whether the complainant’s report reveals a pattern of perpetration (e.g. via illicit use of drugs or alcohol) at a given location or by a particular group.

    The presence of one or more of these factors, or other factors unique to the situation, could lead the School to investigate and, if appropriate, pursue discipline or corrective actions.

    For a list of confidential and non-confidential resources, please review the CWSL Notice re Sexual Assault and Harassment Resources.  It includes a list of off-campus counselors, advocates, and health care providers that will generally maintain confidentiality and not share information with the School unless the complainant requests the disclosure and signs a consent or waiver form.

  3. Required Notice for Reports of Sexual Misconduct

    The School will provide a written explanation of available rights and options, including procedures to follow, when the School receives a report that a student or employee has been a victim of Sexual Misconduct or a VAWA Crime, whether the offense has occurred on- or off-campus or in connection with any School program. The written information shall include:

    • To whom the alleged offense should be reported.
    • Options for reporting to law enforcement and campus authorities, including the option to notify local law enforcement authorities; the right to be assisted by campus authorities in notifying law enforcement authorities if the complainant so chooses and the right to decline to notify such authorities.
    • The rights of the parties regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by criminal or civil courts and the School’s responsibilities regarding such orders.
    • The importance of preserving evidence as may be necessary to prove Sexual Assault, a VAWA Crime, or to obtain a protection order.
    • Existing campus and community services available for the parties including counseling, health, mental health, victim advocacy, legal assistance, and other services.
    • Options for, and available assistance to, change academic, and working situations, if requested by the one of the parties and if reasonably available.  These options are available regardless of whether the victim chooses to report the crime to campus police or local law enforcement.
    • Any applicable procedures for institutional disciplinary action.
    • Rights under the California Victims’ Bill of Rights, including the right to assistance and comprehensive services for victims and restitution from California Victim Compensation Program.
  4. Title IX – Initial Assessment

    Upon receipt of a report of a Policy violation, the Title IX Coordinator (or a designee) will conduct an initial Title IX assessment.  The first step of the assessment will usually be a preliminary meeting with the CSA or the complainant.  The purpose of the preliminary meeting is to gain a basic understanding of the nature and circumstances of the report; it is not intended to be a full interview.  At this meeting, the complainant will be provided with information about resources, procedural options and interim measures.

    This initial assessment will proceed to the point where a reasonable determination of the safety of the individual and of the campus community can be made.  Thereafter, an investigation may be initiated depending on a variety of factors, such as whether the complainant will pursue disciplinary action, the nature of the allegation and the proper grievance process to be applied.

    If a full investigation is initiated, the complainant must provide a written complaint to the School regarding the alleged violations and the respondent will be provided with a copy of the complaint.  After the process has been initiated, the respondent will have an opportunity to prepare a written response to the alleged violations and assert any cross-complaints, which will be provided to the complainant.

  5. Anonymous and Third-Party Complaints

    Where a complainant requests to remain anonymous or that no formal action be taken, the School must balance this with its obligations to provide a safe and non-discriminatory environment for all community members (See factors listed in Section VIII B, supra) and to afford a respondent fundamental fairness by providing notice and an opportunity to respond before any action is taken against a respondent.  In the event that the circumstances of the complaint dictate a full investigation, the School will take all actions necessary to conduct the investigation while balancing the wishes of the complainant.  This may include disclosing the identity of the complainant and other steps that might compromise the complainant’s request for confidentiality and anonymity.  Subject to these limitations, the School will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation.  The School shall inform the complainant that its ability to investigate or take action will be limited based on the nature of the request by the complainant.

    If the individual decides not to file a complaint with the School, the School encourages the individual to seek out the available medical and mental health resources listed in the CWSL Sexual Assault/Sexual Misconduct Notice.  Individuals who wish to make a complaint at a later date may contact any of the Coordinators at any time.  Please note that a delay in reporting could affect the School’s ability to gather information and evidence to determine whether a person is responsible for Sexual Misconduct.

    Reports that are made anonymously or by third parties may not initiate the formal complaint process.  However, Title IX requires the School to investigate all incidents about which the School knows or has reason to know in order to protect the health and safety of the School community.  The School may undertake an initial assessment even in cases where the alleged victim and/or complainant choose not to cooperate or participate.  As necessary, the School reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim or complainant.

  6. Reluctance to Report Based on Potential Violations

    Students may be reluctant to report incidents because of concerns that their own behavior may be a violation of School policies.  The School’s primary concern is student safety.  Any other rules violations will be addressed separately from the Sexual Misconduct allegation.  The use of alcohol or drugs does not make the complainant at fault for Sexual Misconduct.  In appropriate circumstances, a student who is found to have engaged in excessive consumption of alcohol or drugs may be offered a chance to get medical or psychological help in lieu of disciplinary sanctions.  Although school policy violations cannot be overlooked, the School will consider the positive impact of reporting an incident involving the Title IX Policy when determining the appropriate response to other policy violations.  In such cases, any possible negative consequences for the reporter of the problem should be evaluated against the possible negative consequences of not reporting the incident.

  7. Interim Measures

    At any time during the process, the Title IX Coordinator (or a designee) may impose reasonable and appropriate interim measures designed to eliminate the reported hostile environment and protect the parties involved (“Interim Measures”).  Interim Measures may be imposed regardless of whether discipline or corrective measures are sought by the complainant or the School.  All individuals are encouraged to report concerns about the failure of another individual to abide by any restrictions imposed by an Interim Measure.  The School will take responsive action to enforce the Interim Measures.

    The School reserves the right to take immediate action and impose restrictions on any person accused of violating this Policy, or to take any other Interim Measures it deems appropriate, pending the outcome of an investigation and/or disciplinary proceedings. If the Title IX Coordinator, or a designee, decides at any point the well-being of a student or employee is at stake, an interim suspension may be imposed on the individual, who is suspected of violating this Policy or otherwise poses a risk of safety to others, until the investigation and/or hearing can be completed. This action assumes no presumption or determination of guilt and the investigation will be completed as soon as possible.

    At any time during the investigation, CWSL may implement the following Interim Measures:

    • Placing an employee on paid or unpaid administrative leave.
    • Removing a student from campus and/or current classes.
    • Providing access to counseling services.
    • Issuing on-campus No Contact Orders.
    • Modifying course schedules, rescheduling of exams and assignments.
    • Limitations on time and access to campus (including reduced access to the library and other School buildings).
    • Banning individuals from campus except for classes and required school activities.
    • Changing class schedules, work schedules or job assignments.
    • Voluntary leave of absence.
    • Providing an escort to ensure safe movement between classes and activities.
    • School imposed leave or separation.
    • Any other remedy tailored to the involved individuals to achieve the goals of this Policy.

    The School may use these Interim Measures in any combination thereof, or create new measures as needed.  The School will take responsive action to enforce the Interim Measures.

  8. Disciplinary Actions for Violations of This Policy

    Students who are found to have violated this Policy will be subject to disciplinary action, up to and including expulsion or dismissal in accordance (i) with the provisions of any applicable Honor Code or other comparable policy; and (ii) with the additional provisions set forth in this Policy.

    Employees who are found to have violated this Policy will be subject to disciplinary action, up to and including termination in accordance (i) with any applicable policies or procedures governing disciplinary action against faculty and staff and; (ii) with the additional provisions set forth in this Policy, to the extent these additional provisions are applicable.

    Guests and other third parties who are found to have violated this Policy will be subject to corrective action deemed appropriate by the School, which may include removal from the campus and termination of any applicable contractual or other arrangements.  In instances where the School is unable to take disciplinary action in response to a violation of this Policy because a complainant insists on confidentiality or for some other reason, the School will nonetheless pursue other steps to limit the effects of the conduct at issue and prevent its recurrence.