Procedures Responding to Sexual Misconduct

Procedures Responding to Sexual Misconduct

Procedures for Responding to a Report of Sexual Misconduct

After receiving a report/complaint of sexual misconduct, the College will follow the procedures below as needed.  Please note, the goal of the investigation is to determine what occurred.

  1. In a timely manner, the College will respond to the complainant, providing written notification of the comprehensive policy and procedures, their rights and options, preservation of evidence, confidentiality, investigation and resolution.

    1. The College will respond to complainants who file a report electronically within 12 hours.
    2. Sexual misconduct cases are referred to the Title IX Coordinator and/or the Dean of Student Services.  Following the College’s established policies and procedures, one or both will respond to the report and serve as investigators.  A report will be made to the Executive Vice President for Instruction & Student Services who will determine a resolution.
  2. The College will provide the complainant access to community-based Confidential Advisors who provide emergency and ongoing support to survivors of sexual violence.
  3. The College will provide the complainant with access to medical care depending on the timing of the report (for immediate and delayed reports).
  4. The College will immediately assess the complainant’s safety needs and apply remedies to prevent contact between the complainant and the respondent/accused party.

    1. Potential remedies include academic, transportation and/or working accommodations (if reasonably available).
    2. The College will provide a “No Contact” or “Temporary Suspension” directive to accused party if deemed appropriate.
    3. The College will provide contact information for local law enforcement agencies.
    4. The College will provide written information on how to obtain an Order of Protection.
  5. The College will provide the complainant with referrals to on and off campus mental health providers and additional survivor resources.  The respondent will also be given referrals to on and off campus services.
  6. The College will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for complaining or for assisting in the investigation.

Procedures for Resolving a Report of Sexual Misconduct

The College established the following steps to resolve reports of student misconduct/violence.  The process includes, but is not limited to the following:

  • The Title IX Coordinator and/or the Dean of Student Services will investigate and resolve or make recommendations (to the Executive Vice President for Instruction & Student Services) for resolving the complaint.
  • Both parties shall have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure.
  • The College will utilize the preponderance of the evidence standard to come to a resolution.
  • If the charges are substantiated, the College may apply appropriate disciplinary and corrective action up to and including the suspension or expulsion of the respondent.
  • Within 7 days of a decision, both parties will receive simultaneous, written notification of the results of the complaint resolution procedure, including information related to appeal rights.

Retaliation is Strictly Prohibited

The initiation of a complaint of sexual misconduct will not result in retaliation, bias, or intimidation against the complainant or any witnesses involved in any investigation. An individual found to have engaged in retaliation, bias, or intimidation prohibited by this policy, shall be subject to discipline according to the DACC Student Code of Conduct or the DACC Board of Trustees Policies & Procedures.

Sanctions for Sexual Misconduct

The College may apply a range of sanctions depending on the sexual misconduct reported and the circumstances found. Sanctions will range from educational training sessions on personal conduct topics to suspension from the College. Please note, the College may impart collective punishments for sexual misconduct by sports team member or other student groups if the conduct occurs collusively.

The Right to Appeal

Both the complainant and respondent have the right to appeal the findings and/or sanction(s) in accordance with the DACC appeals process. Appeals must be made to the President within seven (7) days of the decision. The appeal shall be limited to a review of the investigation reports and the resolution. Grounds for appeal include 1) a procedural error occurred; 2) new information exists that would substantially change the outcome of the finding; or 3) the sanction is disproportionate with the violation. The decision of the President is final.

The President, in this role, will not have participated previously in the complaint resolution process and shall not have a conflict of interest with either party. The complainant and the respondent will receive the appeal decision in writing within 7 days after the conclusion of the review of the findings/sanctions or sooner if required by federal or State law.

Training, Education & Awareness Initiatives Established for Students

  • The College presents the policies prohibiting sexual misconduct and harassment and the procedures involved in the reporting, investigation, and resolution in the DACC Student Handbook which is presented in the annual notice to students.

    • The comprehensive policy notice includes the 1) students’ rights and options; 2) definitions of terms; and 3) contact identification and explanation of their roles for the Title IX Coordinator and investigators, campus security, confidential resources, confidential advisors, and counseling services.
  • The College provides comprehensive and interactive trainings online for all students. Students are
    invited to participate in the trainings several times a semester. Students who complete the required
    sessions are entered into a drawing for gift cards. Instructors, especially INST 101 Success in College (a
    first-year experience course) are encouraged to utilize the trainings in conjunction with classroom activities. A link to the Safe Colleges trainings can be found at http://dacc.edu/currentstudents. Specific
    trainings encouraged include the following:

    • Title IX Rights and Protections
    • Sexual Violence Awareness (Campus SaVE Act)
    • Intimate Partner Violence (VAWA)
    • Bystander Intervention for Students
  • The College partners with the Survivor Resource Center to provide Confidential Advisors.
  • The College provides sexual violence primary prevention and awareness programming for all students who attend one or more class on campus. Each student is provided with the following:

    • An electronic or hard copy of the comprehensive policy, procedures, and related protocols;
    •  Available survivor services;
    • Information on the types of conduct that constitute sexual misconduct;
    • The definition of consent and the role drugs and alcohol use can have on the ability to consent; and
    • Strategies for bystander intervention and risk reduction.

College Reporting Requirements for Sexual Violence & Sexual Misconduct Data, Policies & Procedures

To comply with the federal Jeanne Clery Disclosure Act and the Violence Against Women Act, the College annually collects and publishes crime statistics on murder/non-negligent manslaughter; negligent manslaughter; forcible sex offenses; non-forcible sex offenses; robbery; aggravated assault; burglary; motor vehicle theft; arson; statistics concerning any of the above crimes that involved bodily injury that also manifests evidence of a hate crime; and statistics on arrests for liquor law violations and illegal weapons possession for each of the categories listed above. The statistics are published annually in our Campus Security Report. It can be found online at https://dacc.edu/hr/campus-security-report or a paper copy can be requested from Campus Security (LH-007) or the Vice President of Student Services (LH-108).