IV. Reporting a Violation of this Policy
A. Bringing a Complaint:
A complaint of Sex-based Harassment or another violation of the Sexual and Relationship Misconduct Policy should be pursued under that Policy. If an individual initiates a complaint of Sex-based Harassment under the procedures set out below, the matter should be referred to the Title IX Coordinator for processing under the Sexual and Relationship Misconduct Policy.
Any other complaint of discrimination, harassment, or retaliation may be pursued by an employee or student by means of the procedures as discussed below.
B. Official Reporting Options:
There is no time limitation for bringing a complaint; however, it may be difficult to substantiate the allegations made in a complaint brought after significant time has passed. Therefore, prompt reporting of complaints is strongly encouraged.
The College encourages reporting of all perceived incidents of harassment, discrimination and/or retaliation, regardless of the offender’s identity or position. Alleged incidents will be fully investigated and resolved promptly according to the following procedures. If upon a full and prompt investigation an individual is found responsible for violations of this policy against harassment, discrimination, and/or retaliation, this may constitute grounds for discipline and/or sanctions, up to, and including termination from employment or expulsion from the College.
Any individual subjected to conduct covered by this Policy by a Central College student or employee (on campus, or in a program or activity under Central College jurisdiction), or any Central College student or employee who is a survivor of such conduct perpetrated by an employee, student or third party is encouraged to report the incident formally to the Title IX Coordinator (Peggy Fitch, Vice President for Student Development, TitleIX@central.edu or 641-628-5249). The Title IX Coordinator will assist in making determinations around requests for confidentiality as explained immediately below and in arranging for a prompt investigation into the report as is explained in the “Investigation” section of this Policy.
1. Reports to “Responsible Employee” other than the Title IX Coordinator As noted above, an individual who is subjected to conduct covered by this Policy is encouraged to make an official college report directly to the Title IX Coordinator. However, a report to another responsible employee of the college will be also addressed by the College. A “responsible employee” is a College employee who has the authority to redress the matter, who has the duty to report such incidents, or who a student or employee could reasonably believe has this authority or duty. When a complainant tells a responsible employee, other than the Title IX Coordinator, about an incident involving conduct covered by this Policy, the individual has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. Consequently any responsible employee must report to the Title IX Coordinator all relevant details shared by the complainant concerning conduct covered by this Policy including the names of the alleged complainant and respondent(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. Responsible employees are not to investigate and are not required to obtain proof of any actual Policy violation; but rather, the responsible employees should promptly report the available information to the Title IX Coordinator for processing under this Policy. To the extent possible, information reported to any responsible employee will be shared only with people responsible for handling the College’s response to the report.
A responsible employee should not share information with law enforcement without the survivor’s consent, unless the survivor has also reported the incident to law enforcement.
2. Requests for Confidentiality If the complainant wants to make an Official College Report, but also maintain confidentiality, the College will consider the request taking into account the following considerations. Any such request for confidentiality should be reported to the Title IX Coordinator, either by the complainant or by another responsible employee who receives the report. The Title IX Coordinator will weigh the request for confidentiality against the College’s obligation to provide a safe, non-discriminatory environment for all students and employees, including the complainant. In conducting this analysis, the Title IX Coordinator will weigh the complainant’s request and preferences against factors such as: the seriousness of the alleged misconduct; the complainants’ age; whether there have been other complaints against the accused that increase the risk of the campus community or whether this is a first-time complaint; whether the alleged incident involved threatened future violence or use of force or a weapon; whether an incident involved multiple respondents; FERPA privacy considerations; and whether the school has other methods for obtaining relevant evidence (i.e., security cameras or physical evidence). Based on this assessment, Central will decide whether to honor the complainant’s preferences or whether to investigate and adjudicate a violation of this Policy.
There may be times when the College may not be able to honor a complainant’s request for confidentiality in order to provide a safe, non-discriminatory environment for all students and employees. If Central decides that action is required, Central will not be able to ensure the complainant’s confidentiality. In cases where a request for confidentiality cannot be honored, to the extent it is reasonably possible, a complainant may be provided requested support services such as a change in living or academic/work arrangements, and increased monitoring, supervision or security at locations and activities where the alleged misconduct or violence occurred.
If the College honors the request for confidentiality, the College will take all reasonable steps to investigate and respond that can be taken consistent with such requests, but a complainant must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged respondent(s) may be limited.
3. Anonymous Reporting Option Individuals can report information relating to violations of the conduct code, including a violation of this Policy, to Central Sees. Knowledge of any crime or suspicious activity that occurred on campus can be reported by completing the on-line form.
Information will be kept confidential within the limits of the law.