Title IX Grievance Procedure – Current

1. Policy Overview
2. Statement of Non-Discrimination
3. Scope
4. Prohibited Discrimination
5. Other Definitions
6. Privacy and Confidentiality
7. Reporting Discrimination
8. Procedures for Resolving Complaints of Discrimination
9. Hearings for Formal Complaints of Sexual Harassment Involving Students
10. Appeals
11. Remedies and Sanctions
12. Training
13. Recordkeeping

I. Policy Overview

Federal and state law prohibit sex and gender-based discrimination, including Title IX of the Education Amendments of 1972 and its 2024 implementing regulations, Title VII of the Civil Rights Act of 1964, and the Elliott-Larsen Civil Rights Act. Several WCC Board policies also prohibit discrimination, including 4095, Student Rights, Responsibilities, and Conduct Code Policy; 5010, Equal Employment Opportunity Affirmative Action; 5081, Discriminatory Harassment; and 8080. Sexual Misconduct. This Procedure sets forth Washtenaw Community College’s obligations to address sex and gender-based discrimination under these laws and policies.

Questions about Title IX or this Procedure may be referred to the Title IX Coordinator or to the Chief Labor Relations Officer, as well as to the Office for Civil Rights of the U.S. Department of Education.

Any person may report conduct prohibited by this policy to the Title IX Coordinator or to the Chief Labor Relations Officer.

II. Statement of Non-Discrimination

Washtenaw Community College (WCC) does not discriminate on the basis of religion, race, color, national origin, age, sex, height, weight, marital status, disability, veteran status, or any other protected status as provided for and to the extent required by federal and state statutes, nor does the College discriminate on the basis of sexual orientation, gender identity, or gender expression. One of these laws, Title IX, prohibits discrimination on the basis of sex—including pregnancy and related conditions—in educational programs and activities, including admission and employment.

III. Scope

This policy applies to all students, faculty, staff, and others who are participating or attempting to participate in Washtenaw Community College’s education programs or activities. This includes but is not limited to conduct that occurs in buildings owned or controlled by WCC and conduct that is subject to WCC’s disciplinary authority. WCC will address a sex-based hostile environment under its education program or activity, even when some conduct alleged to be contributing to the hostile environment occurred outside WCC's education program or activity or outside the United States. WCC has other policies and procedures that may be applicable if the conduct does not meet the definition of prohibited sexual harassment under this Procedure or otherwise fall within the scope of this Procedure.

Nothing in this Procedure is intended to limit Constitutionally protected First Amendment rights or restrict any other Constitutional rights.

IV. Prohibited Discrimination

Washtenaw Community College prohibits conduct based on sex or gender that satisfies one or more of the following definitions:

1. Discrimination: Different treatment with respect to an individual’s employment or participation in an education program or activity, based in whole or in part upon the individual’s actual or perceived gender, gender identity, sex, sex stereotypes, sex characteristics, sexual orientation, or pregnancy or pregnancy-related conditions.
   1. Retaliation is a form of prohibited discrimination, including intimidation, threats, coercion, or discrimination against any person by WCC, a student, or an employee or other person authorized by WCC to provide aid, benefit, or service under WCC’s education program or activity, for the purpose of interfering with any right or privilege secured by this Procedure, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Procedure.
      1. Nothing in this definition or this Policy precludes WCC from requiring an employee or other person authorized by WCC to provide aid, benefit, or service under the WCC’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.
      2. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy does not constitute retaliation prohibited under of this section, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
   2. Sex or Gender-Based Harassment and the related Specific Offenses, as set out below, are forms of prohibited discrimination.
2. Sex or Gender-Based Harassment: Sexual harassment or other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or pregnancy-related conditions, sexual orientation, and gender identity:
   1. Quid Pro Quo Conduct. An employee, agent, or other person authorized by WCC to provide an aid, benefit, or service under WCC’s education program or activity explicitly or implicitly conditions the provision of such aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
   2. Hostile environment harassment. Unwelcome sex-based conduct that (i) based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from WCC’s program or activity or (ii) has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or participation in a WCC program or activity.
3. Specific Offenses:
4. Sexual assault —An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation
5. Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. Whether there was such a relationship will be determined by the length, type, and frequency of interaction.
6. Domestic violence. A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Michigan or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state of Michigan. To constitute Domestic Violence the relationship between the Respondent and the Complainant must be more than just two people living together as roommates.
7. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

V. Other Definitions

1. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.
   • Lack of protest or resistance does not mean consent.
   • Silence does not mean consent.
   • The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
   It shall not be a valid excuse that the Respondent believed that the Complainant affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances:
   • The Complainant was asleep or unconscious.
   • The Complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the Complainant could not understand the fact, nature, or extent of the sexual activity.
   • The Complainant was unable to communicate due to a mental or physical condition.
   In addition, it shall not be a valid excuse to alleged lack of affirmative consent that the Respondent believed that the Complainant consented to the sexual activity under either of the following circumstances:
   • The Respondent’s belief in affirmative consent arose from the intoxication or recklessness of the Respondent.
   • The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented.
2. Complainant means a WCC student or employee who is alleged to have been subjected to conduct that could constitute sex or gender-based discrimination or harassment, or a person other than a WCC student or employee who is alleged to have been subjected to conduct that could constitute sex or gender-based discrimination or harassment at a time when that individual was participating or attempting to participate in WCC’s education program or activity.
3. Complaint means an oral or written request to WCC that objectively can be understood as a request to investigate and make a determination about alleged discrimination.
4. Day means a business day when WCC is in normal operations. All references to “day” made within this Procedure refer to business day unless otherwise specifically noted as calendar day.
5. Decision-maker means the person who hears evidence, determines relevance, and makes the final determination of whether this Procedure has been violated and/or assigns sanctions; or who determines an appeal.
6. Determination means a written report prepared at the end of an investigation into or hearing about an alleged violation of this Procedure that includes a conclusion as to whether or not a violation of this Procedure occurred and the rationale for the conclusion.
7. Grievance Process means the fact-finding process from the time of the filing of the Complaint through the final determination of an appeal (if any).
8. Pregnancy or related Conditions means pregnancy, childbirth, termination of pregnancy, lactation, or medical conditions related thereto, or recovery therefrom.
9. Respondent means a person alleged to have violated this Procedure. When a sex discrimination complaint alleges that a WCC policy or practice discriminates on the basis of sex, WCC is not considered a Respondent.
10. Student means a person who has gained admission to WCC.
11. Supportive Measures means non-disciplinary, non-punitive individualized measures offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent to restore or preserve equal access to WCC’s education program or activity without unreasonably burdening the other party.
    • This includes measures designed to protect the safety of all parties or WCC’s educational environment, or to provide support during the grievance process or the alternate resolution process.
    • Examples of supportive measures, particularly for allegations of sexual harassment, include counseling; extensions of deadlines and other course- or work-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; no contact orders; leaves of absence; changes in class, work, housing, or extracurricular activities; and education programs.

VI. Privacy and Confidentiality

WCC will not disclose information about any supportive measures to individuals other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure, restore or preserve a party’s access to the education program or activity, or one of the exceptions below applies.

WCC will take reasonable steps to protect the privacy of the parties and witnesses during the grievance process, provided that the steps do not restrict the ability of the parties to: obtain and present evidence, including by speaking to witnesses, consulting with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance process.

WCC will not disclose personally identifiable information obtained in the course of complying with this Procedure except in the following circumstances:

1. When WCC has obtained prior written consent from a person with the legal right to consent to the disclosure;
2. When the information is disclosed to an authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
3. To carry out the purposes of this Procedure including action taken to address conduct that reasonably may constitute sex discrimination under this Procedure in WCC’s education program or activity;
4. As required by Federal law, Federal regulations, or the terms and conditions of a Federal award, including a grant award or other funding agreement; or
5. To the extent such disclosures are not otherwise in conflict with Title IX or this Procedure when required by State or local law or when permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 CFR part 99.

VII. Reporting Discrimination

1. Ways to Report. Reports of sex or gender-based discrimination may be made to the Title IX Coordinator or the Chief Labor Relations Officer in person, by mail, or by electronic mail, by using the contact information listed above. Reports may be made in person during business hours. Reports can also be made through WCC’s Report a Concern system
   1. Employees who have authority to institute corrective measures on behalf of WCC or with responsibility for administrative leadership, teaching, or advising must report any information they receive about possible sex or gender-based discrimination to the Title IX Coordinator. Failure to report an incident may result in disciplinary action.
   2. All other employees who receive reports about possible sex or gender-based discrimination (except those designated as confidential resources) must provide the person providing the report with contact information for the Title IX Coordinator and information on how to file a complaint. Again, failure to provide this contact information may result in disciplinary action.
   3. WCC counselors are not mandatory reporters, if the information shared with them in their role is confidential. Allegations brought to counselors outside of their confidential roles must be reported to a Title IX Coordinator. Counselors for students include staff in the WCC Personal Counseling Office, SC 206, 734-677-5223 or (after hours) 833-922-4968.
   4. >Reports may also be made anonymously using WCC’s Report a Concern system. A decision to remain anonymous, however, may greatly limit WCC’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Procedure.
2. Timeframes for Reporting. Individuals are encouraged to report the alleged conduct as soon as possible in order to maximize WCC’s ability to respond promptly and effectively. If the Respondent is not a member of the WCC Community at the time of the Report, WCC will still provide Supportive Measures to Complainants as appropriate; however, its ability to investigate and/or take action may be limited.
3. Response to a Report. The Title IX Coordinator will promptly respond by offering the Complainant supportive measures regardless of whether a complaint is initiated and explaining the process for filing a complaint. Individuals may file a report and request to remain confidential. The Title IX Coordinator will evaluate the ability to afford confidentiality. However, doing so may greatly limit WCC’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Procedure.
4. Information Packet. Upon a receipt of a report of sex or gender-based discrimination, the Title IX Coordinator will provide the Complainant with an information packet that contains information about:
   1. Their rights and options;
   2. The process of initiating a complaint, including the factors considered to determine when the Title IX Coordinator might initiate a complaint;
   3. The availability of supportive measures;
   4. The grievance process and informal resolution process;
   5. The importance of preserving evidence;
   6. vi. For alleged conduct that might be criminal in nature, options regarding law enforcement and campus authorities, including notification of the option to:
      1. notify proper law enforcement authorities, including on-campus and local police;
      2. be assisted by campus authorities in voluntarily notifying law enforcement authorities; and
      3. decline to notify such authorities;
   7. Where applicable, their rights and WCC’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court;
   8. Information about appropriate and available services both at WCC and in the community.
   This information packet is also available on request from the Title IX Coordinator.
5. Implementation of Supportive Measures. WCC shall treat parties equitably by offering Supportive Measures to the Complainant regardless of whether a complaint is filed and to the Respondent after a Notice of Charges has been issued. The parties will be provided with an additional opportunity to seek additional modification or termination of a supportive measure applicable to them if circumstances change materially.
   1. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures. The Title IX Coordinator should record and retain records regarding requests and provision of Supportive Measure in accordance with the requirements set out int § XIII, Recordkeeping, below.
   2. Complainants or respondents may seek modification or reversal of WCC’s decision to provide, deny, modify, or terminate supportive measures applicable to them. The Title IX Coordinator will designate an impartial employee (other than the employee who implemented the supportive measures) who will have authority to modify or reverse the decision if they determine that the decision was inconsistent with the definition of supportive measures in this Procedure. Request for review of supportive measures must be made in writing within 5 business days of the initial decision to titleix@wccnet.edu.
   3. Upon receipt of a request for review, the designated employee will evaluate the request and provide a written response with their determination as to whether the prior decision to provide, deny, modify, or terminate the supportive measure was inconsistent within 5 business days. An extension of this time frame may occur for good cause. Written notice will be provided to the party of any extension of the time frames with an explanation of the reasons for such action.
6. Emergency removal. At any time after the Title IX Coordinator is given notice of possible sex or gender-based discrimination, WCC may remove a Respondent on an emergency basis. WCC will only conduct an emergency removal after an individualized safety and risk analysis; a determination that an immediate threat to the health or safety of a student, employee, or other individual arising from the allegations of discrimination justifies removal; and the Respondent is provided with notice and an opportunity to challenge the decision immediately following the removal.
7. Administrative Leave. WCC may place a non-student employee Respondent on administrative leave during the pendency of a grievance process.

VIII. Procedures for Resolving Complaints of Discrimination

WCC will use its grievance process for all complaints of sex or gender-based discrimination. The grievance process will include an initial evaluation of the reported violations of this Procedure and determination of a path to resolution.

Complaints may be filed against individual Respondents or, when the Complainant alleges that a WCC policy or practice discriminates based on sex or gender, against WCC

1. Filing a Complaint. A complaint may be filed with the Title IX Coordinator or Chief Labor Relations Officer in person, by mail, or by electronic mail, by using the contact information listed above or by use of WCC’s Report a Concern system or by email to TitleIX@wccnet.edu. WCC will evaluate the complaint to determine whether and how to proceed.
   1. There is no time limit for filing a complaint of sex or gender-based harassment, sexual assault, domestic violence, dating violence, or stalking. However, complainants are encouraged to file as soon as possible in order to maximize WCC’s ability to conduct a prompt and effective investigation. Complaints of other types of discrimination (e.g., allegations of different treatment based on sex or gender in terms and conditions of employment or in an educational program or activity) or of retaliation must be filed within 180 days of the last incident of the alleged misconduct. However, in its discretion, the Title IX Coordinator may extend the time for filing a complaint due to circumstances beyond a complainant’s control or in other circumstances in which the Title IX Coordinator determines that doing so is necessary to ensure equal access in WCC's programs and activities.
   2. In the absence of a complaint or the withdrawal of any or all the allegations in a complaint, the Title IX Coordinator will determine whether the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents WCC recipient from ensuring equal access on the basis of sex to its education program or activity. If so, the Title IX Coordinator will initiate a complaint; however, where the Title IX Coordinator initiates a complaint, the Title IX Coordinator is not a Complainant or otherwise a party.
   3. If the Title IX Coordinator initiates a complaint, the Title IX Coordinator will notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including providing additional supportive measures.
2. Dismissal of a Complaint. WCC may dismiss a complaint for any of the following reasons:
   1. WCC is unable to identify the Respondent after taking reasonable steps to do so;
   2. The Respondent is not participating in WCC’s education program or activity and is not employed by WCC;
   3. The Complainant voluntarily withdraws any or all of the allegations in the complaint in writing, the Title IX Coordinator declines to initiate a complaint, and WCC determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex or gender-based discrimination even if proven; or
   4. WCC determines the conduct alleged in the complaint, even if proven, would not constitute sex or gender-based discrimination. Prior to dismissing the complaint for this reason, WCC will make reasonable efforts to clarify the allegations with the Complainant.
   Upon dismissal, WCC will promptly notify the Complainant of the basis for the dismissal in writing and that the dismissal may be appealed. If the dismissal occurs after the Respondent has been notified of the allegations, WCC will simultaneously notify the respondent of the dismissal, the basis for it, and that the dismissal may be appealed. Section X of this Procedure provides the process for appeals.
   If WCC dismisses a complaint, WCC will offer supportive measures to the Complainant and (if the Respondent has been notified of the allegations) the Respondent, as well as take other appropriate, prompt, and effective steps to ensure that sex and gender-based discrimination does not continue or recur in WCC’s education program or activity.
3. Consolidation of Complaints. WCC may consolidate complaints as to allegations against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations arise out of the same facts or circumstances. If one of the complaints to be consolidated is a complaint of sex or gender-based harassment involving a student Complainant or student Respondent, the grievance procedures for investigating and resolving the consolidated complaint must comply with the requirements in § IX below.
4. Notice of Charges
   1. Initial Notice of Charges. After evaluation of a complaint, prior to commencing the investigation, WCC shall provide the following written notice to the parties who are known. This notice shall include:
      1. This Procedure (as a link or attachment).
      2. Notice of the allegations, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident(s), if known; the alleged conduct; and the date(s) and location(s) of the alleged incident(s), if known.
      3. A statement that retaliation is prohibited.
      4. A request to meet with the investigator.
      5. A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process using the preponderance of evidence standard.
      6. Notification to the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney.
      7. Notification to the parties that, prior to the determination, they will have an opportunity to present relevant and not otherwise impermissible evidence and that they may inspect and review the evidence as set forth in this Procedure.
      8. Any provision in WCC’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
      9. An offer of supportive measures during the grievance procedures or informal resolution process;
      10. Notice that if the Respondent chooses to not participate in the investigation, WCC will carry out its investigation based on available information and that the Respondent may still be subject to sanction pursuant to this Procedure.
      11. Information about how to request disability accommodations during the grievance procedures.
   2. Amended Notice of Charges. If in the course of an investigation WCC decides to investigate allegations about the Complainant or Respondent that are not included in the initial Notice of Charge, WCC will provide notice of the additional allegations to the parties whose identities are known.
5. Informal Resolution
   Consistent with the requirements of this section, at any time prior to reaching a determination regarding responsibility either party may request and/or WCC may offer to facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that WCC provides the parties a written notice disclosing:
   1. The allegations,
   2. The requirements of the informal resolution process
   3. That, at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and initiate or resume the grievance process,
   4. That the parties’ agreement to a resolution through the informal process would preclude the parties from initiating or resuming the grievance process arising from the same allegations,
   5. The potential terms that may be requested or offered in an informal resolution agreement, including that an informal resolution agreement is binding only on the parties, and
   6. What information WCC will maintain and whether and how WCC could disclose such information for use in grievance procedures should the procedures be initiated or resumed.
   Before initiating an informal resolution process, WCC will obtain the parties’ voluntary, written consent. WCC will strive to complete the informal resolution process within 60 days of initiating it, unless unusual or complex circumstances exist. If the process will be extended, the parties will be provided with written notice of the extension and the reason(s) for it.
6. Principles for the Grievance Process
   Under this grievance process, WCC will:
   1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on WCC and not on the parties.
   2. Provide an equal opportunity for the parties to present witnesses, documents, and other evidence. WCC has discretion to determine whether parties may present expert witnesses and will make that determination equally to the parties.
   3. Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the Complainant or Respondent in any meeting or grievance proceeding; however, WCC may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
   4. Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare.
   5. Require an objective evaluation of all relevant evidence and provide that credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
   6. Require that any individual designated as a Title IX Coordinator, investigator, decisionmaker, or facilitator of an informal resolution process not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent.
   7. Include a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
   8. Use the preponderance of evidence standard (“more likely than not”) in determining responsibility.
   9. Take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint are authorized.
7. Time Frames for the Grievance Process
   WCC strives to complete the grievance procedures within ninety (90) days of receiving a complaint (not including any time spent attempting informal resolution). This includes completing the evaluation period within five (5) days after receipt of a report; the investigation period within thirty (30) days after Notification of the Charges; in cases of sex or gender-based harassment involving a student, the hearing process within thirty (30) days; and, where applicable, twenty-five (25) days for the appeal. The Title IX Coordinator may grant or deny requests from either party to temporarily delay any part of the grievance process or may extend the process for good cause with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
8. Investigation of Complaints
   WCC will designate one or more individuals to investigate each complaint; this may include an external investigator(s) if circumstances warrant. The investigation will include gathering relevant and permissible facts and evidence.
   1. Evidence is relevant if it relates to the allegations under investigation. Questions are relevant when they seek evidence that may aid in showing whether the alleged discrimination occurred, and evidence is relevant when it may aid the decisionmaker in determining whether the alleged discrimination occurred.
   2. The following types of evidence (and questions seeking that evidence) are not permissible, regardless of whether they are relevant
      1. Evidence that is protected under a privilege as recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
      2. A party's or witness's records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless WCC obtains that party's or witness's voluntary, written consent for use in the grievance procedures; and
      3. Evidence that relates to the Complainant's sexual interests or prior sexual conduct, unless such evidence is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant's prior sexual conduct with the Respondent that is offered to prove consent to alleged sex or gender-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant's consent to the alleged harassment or preclude determination that the harassment occurred.
   3. Where credibility is in dispute and relevant, the investigator(s) will provide each party an opportunity to provide questions for the investigator(s) to ask of the other party and witnesses and will independently develop such questions.
   4. Prior to completion of the investigative report, the investigator(s) will simultaneously provide the parties and their advisors (if any) with a draft investigative report that summarizes and includes the evidence obtained during the investigation. The parties will be given at least five (5) days to review and respond to the report and evidence.
   5. After review of any comments by the parties, the investigator(s) will create and provide the parties and their advisors (if any) a final investigative report.
      1. Except in complaints of sex or gender-based harassment involving a student as either a Complainant or Respondent, this report will include the investigator(s)’s determination of responsibility. This determination will include a rationale and analysis in support of the findings and conclusions. If there is a finding of responsibility, the determination will also include measures to correct the effects of the discrimination and prevent it from recurring. The investigator(s) will work with the other WCC offices such as Human Resources, or the Dean of Students in determining any such sanctions and remedies. The parties can appeal the determination of responsibility under the procedures in § X below.]
      2. For complaints of sex or gender-based harassment involving students, the final investigative report will not include a determination of responsibility. Instead, the complaint will proceed to a live hearing as set out in § IX below.

IX. Hearings for Complaints of Sexual Harassment Involving a Student as Complainant or Respondent

1. Requirement of a Hearing for Fact-Finding and Determining Responsibility
   1. Following the investigation, generally within ten (10) days of providing the final investigative report to the parties, WCC will conduct a live hearing to determine responsibility for the allegations in the complaint. If the hearing will take more than ten (10) days to schedule, the parties and their advisors (if any) will be notified with an explanation of the need for more time.
   2. WCC will designate one or more individuals to conduct the hearing and be the decisionmaker. This may be an external decisionmaker if the circumstances warrant.
   3. If a party does not have an advisor present at the hearing, WCC shall provide without fee or charge to that party, an advisor of WCC’s choice for the limited purpose of conducting cross examination on behalf of that party.
   4. Hearings may be conducted with all parties physically present in the same geographic location or, at WCC’s discretion, any or all parties, witnesses, and other participants may appear at the hearing virtually, with technology enabling participants simultaneously to see and hear each other.
   5. At the request of either party, WCC shall provide for the hearing to occur with the parties located in separate rooms with technology enabling the decisionmaker(s) and parties to simultaneously see and hear the party or the witness answering questions.
   6. WCC shall create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.
2. Questioning at the Live Hearing
   1. At the hearing, the decisionmaker(s) will ask questions of the parties and any witnesses and must permit each party’s advisor to ask the other party and any witnesses questions and follow-up questions, including those challenging credibility.
   2. Only relevant and permissible cross examination and other questions may be asked of a party or witness.
   3. Cross examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally, notwithstanding WCC’s ability to otherwise restrict the extent to which advisors may participate in the proceedings.
   4. Before the Complainant, Respondent, or witness answers a cross-examination or other question, the decisionmaker(s) must first determine whether the question is relevant and permissible. The decisionmaker(s) must explain to the party proposing the questions any decision to exclude a question.
   5. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless falling in the exception set out in § VII.8 above.
3. Use of Witness Statements
   The decisionmaker(s) may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decisionmaker(s) must not draw an inference about whether sex or gender-based harassment occurred based solely on a party's or witness's refusal to respond to such questions.
4. Written Determination of the Decision-Maker
   1. The decision-maker(s) shall issue a written determination regarding responsibility using the preponderance of evidence standard. The written determination must include:
      1. A description of the alleged sex-based harassment;
      2. Information about the policies and procedures used to evaluate the allegations;
      3. The decisionmaker(s)'s evaluation of the relevant and not otherwise impermissible evidence (including findings of fact and of credibility) and determination whether sex-based harassment occurred;
   2. When the decisionmaker(s) finds that sex or gender-based harassment occurred, the decisionmaker(s) will consult with Student Affairs and/or Human Resources as appropriate, and the determination will include disciplinary sanctions and whether remedies other than the imposition of disciplinary sanctions will be provided to the complainant, and, to the extent appropriate, other students identified as experiencing the effects of the harassment.
   3. The determination will also include the procedures for the Complainant and Respondent to appeal the determination of responsibility.
   4. The determination will be provided to the parties simultaneously.
   5. The determination regarding responsibility becomes final either on the date that WCC provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

X. Appeals

Within five (5) days of issuance of a notice of dismissal, the Complainant and the Respondent (if the dismissal comes after issuance of the Notice of Charges) may appeal the dismissal. Similarly, within five (5) days of issuance of a determination regarding responsibility, either party may appeal that determination. The appeal must be in writing and submitted to the Title IX Coordinator. The appeal must be based on one or more of the following grounds:

Ground 1: Procedural irregularity that would change the outcome;

Ground 2: New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that would change the outcome;

Ground 3: The Title IX Coordinator, investigator(s), or decisionmaker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

The appeal must state the grounds for the appeal and the disposition the party seeks as a result of the appeal. If the appeal is based on a procedural irregularity, the appeal should specify in detail what the procedural irregularity was and how it changed the outcome. If the appeal is based on new evidence, the appeal should specify in detail what the new evidence is, how it affects the matter, and why it was not presented during the investigation or at the hearing. The new evidence should also be included with the appeal. If the appeal is based on a conflict of interest or bias, examples of objective conflict or bias must be presented with an explanation of how it affected the outcome.

As to all appeals, the Title IX Coordinator (or designee) will evaluate the appeal to determine if it is based on one or more of the three grounds above. If it is, the Title IX Coordinator (or designee) will:

1. Notify the other party in writing immediately when an appeal is filed and implement appeal procedures equally for both parties.
2. Ensure that the Appeal Officer is not the same person as the decisionmaker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator; WCC can designate an external Appeal Officer if the circumstances warrant.
3. Give the parties five (5) days to submit a written statement in support of or challenging the outcome.

Within 20 days of receiving the appeal and any statements, the Appeal Officer shall issue a written decision describing the result of the appeal and the rationale for the result; this will be provided simultaneously to both parties and their advisors (if any).

XI. Remedies and Sanctions

Remedies must be designed to restore or preserve equal access to WCC’s education program or activity. Disciplinary sanctions will be imposed in accordance with applicable collective bargaining agreements, employment contracts, or employment policy, if any. The Title IX Coordinator is responsible for effective implementation of any remedies and sanctions.

Sanctions for students and employees, particularly in cases of sex or gender-based harassment, may include:

• Warning
• Reprimand
• Campus Restrictions
• Educational Programs
• Revocation of Privileges
• Disciplinary Probation
• No Contact Orders
• Suspension
• Dismissal
• Demotion or termination

XII. Required Trainings

The Title IX Coordinator, investigators, decisionmakers, and any person who facilitates an informal resolution process (whether internal or external) shall receive training annually on the definition of sex and gender-based discrimination under this Procedure; the scope of WCC’s education program or activity; how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable to their roles; and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

Investigators and decisionmakers will receive training on issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant. Decisionmakers for complaints alleging sex and gender-based harassment involving students shall receive training on any technology to be used at a live hearing.

Any materials used to train Title IX Coordinators, investigators, decisionmakers, and any person who facilitates an informal resolution process will not rely on sex stereotypes and will promote impartial investigations and resolutions.

XIII. Recordkeeping

WCC shall maintain for a period of at least seven years records of:

1. For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute sex or gender-based discrimination under this Procedure, records documenting the actions taken.
2. For each complaint of sex discrimination, records documenting the informal resolution process and the resulting outcome.
3. All materials used to provide training, which will be made available upon request for inspection by members of the public.

Administratively Adopted November 1, 2022
Administratively Revised March 9, 2023
Administratively Revised March 27, 2023
Administratively Revised August 1, 2024
Administratively Revised December 19, 2024