Policies

VII. What to Expect After an Official Report is Made

A. Privacy

Every effort is made by the College to preserve the privacy of reports. Central will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

Central reserves the right to designate which College officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Information will be shared as necessary with Investigators, Hearing Panel members/Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.

The College may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will usually consult with the student first before doing so.

B. Supportive Measures

The College will offer and implement appropriate and reasonable supportive measures to the parties upon receiving a report of alleged harassment, discrimination, and/or retaliation. 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 Central’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

In most instances, both the complainant and the respondent will be instructed to mutually avoid all contact with the other. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third-party communication with one another. If these instructions are not heeded, disciplinary action may be taken. In addition, a party may seek an order of protection, “no-contact” order, restraining order, or similar order issued by a criminal, civil, or tribal court. If an individual obtains an order of protection from a court in Iowa, the Title IX Coordinator should receive a copy to be aware of any limitations or restrictions and to develop a plan to abide by the court order. The College cannot enforce a violation of a court order, but can assist an individual in contacting law enforcement to report a violation. If any terms of a court order are unclear in their application to the campus environment, it is up to the parties to seek clarification through the court – the College cannot render a legal opinion or give advice other than to develop a plan to reasonably prevent violations of the order.

Supportive measures for the complainant and/or respondent may include but are not limited to:

The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented. The College will generally initiate these measures only with the complainant’s knowledge and consent, but the College reserves the right to take whatever measures are deemed necessary to protect the parties and/or the community. In cases where confidentiality is requested and feasible, to the extent it is reasonably possible, a complainant may still 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.

The College will work with the parties or their advocates to identify what supportive measures are appropriate in the short term (e.g., during the pendency of an investigation or other school response), and will continue to work collaboratively throughout the College’s process and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are available to keep the parties safe.

C. Interplay with Criminal Proceedings

As noted, some conduct covered by this Policy may constitute both a criminal violation and a violation of College policy. A person charged with a crime can be prosecuted under the Iowa Criminal Code and separately adjudicated by the College for any behavior that also constitutes a violation of this Policy. Even if the criminal justice authorities choose not to prosecute, a College disciplinary process may still apply.

A report or complaint for a violation of this Policy matter will be processed without waiting for any separate criminal investigations/proceedings to be conducted or completed. The College may briefly delay the start of its investigation for up to ten (10) days to allow an initial law enforcement investigation when a police report has been made, but absent compelling circumstances, a longer delay will not be allowed, absent compelling circumstances.

D. Time Frame

All allegations are acted upon promptly by the College once it has received a report or a formal complaint. In most cases complaints will take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the College will avoid undue delays within its control. If circumstances are such that the process will not be rendered in this time frame, the Complainant and Respondent will be advised in writing about the reason for the delay and provided an estimated time frame for the conclusion of the process.