Complaint Resolution Process
Cabrillo College is committed to investigating complaints of gender-based discrimination and sexual misconduct in a thorough, unbiased, and timely manner. The general steps of an investigation are outlined below. If you have any questions about Cabrillo's investigative process, please contact the Title IX Coordinator.
This is the first meeting between the Title IX Coordinator and the person making the report (the reporting party). The Title IX Coordinator will explain all available reporting options and how the reporting party may access support services and campus resources throughout the investigation.
All resolutions will be conducted by campus officials who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking. Campus officials are also trained on how to conduct an investigation and hearing process that protects the safety of all parties involved and promotes accountability.
Assuming the reporting party chooses to move forward with a campus resolution, the next step is a preliminary inquiry.
During this phase, the Title IX Coordinator will review all of the information provided by the reporting party and decide whether to move forward to a formal investigation. This decision is made by the Title IX Coordinator and the Director of Human Resources, taking into account whether it is possible the person being accused of misconduct (responding party) violated College policy, and the reporting party's wishes. If the decision is made to move forward, the Title IX Coordinator will oversee an investigation.
Trained investigators will provide an investigation that is prompt, thorough, reliable, equitable, fair, and impartial. They will interview the reporting and responding parties and and all available witnesses. The investigator will then prepare a report with his or her findings and sanctioning recommendations.
In cases involving student to student misconduct or discrimination, the case may go to a hearing. In such cases, if the investigator determines it is more likely than not that the responding party violated College policy, the responding party may be referred to a hearing panel to be sanctioned. The hearing panel is made up of one administrator, one faculty member, one student, and one classified staff member. The hearing panel will have the opportunity to question the investigator during the hearing. The panel may accept or reject investigators' recommendations. If the panel rejects the recommendations or decides to issue alternate sanctions, it must do so within the framework of College policy, citing clear evidence to support its decisions. The panel may additionally return the report to investigators for modification.
Complaints involving college employees do not go to a hearing. In these cases, the Director of Human Resources & Labor Relations will render an administrative finding based on the investigator's final report.
Standard of Evidence
The College uses a preponderance of the evidence standard. Decision-makers consider whether, given the available credible evidence, it is more likely than not that a violation occurred.
The past sexual history or character of an individual is not considered unless it is determined to be highly relevant. All such information sought to be entered for consideration by a party or the College will be presumed irrelevant until evidence of its relevancy is offered. The existence of a pattern of behavior by a responding party may be relevant to the finding and sanction imposed. Both parties will be notified in advance if such information has been deemed relevant and will be considered during the process.
Both parties will be informed in writing of the outcome of the resolution. This notice will include the procedures for appealing the decision, any change to the results that occurs prior to the time that such results become final, and when results are considered to be final.
If either party is not satisfied with the results of the administrative determination, he/she may submit a written appeal to the Board of Trustees within 15 days of receiving notice of a final determination. The Board shall review the original complaint, the investigative report, the administrative decision, and the appeal. The Board shall issue a final decision on the matter within 45 days after receiving the appeal. All parties are included in any appeal reconsideration and have equal rights of participation. There is only one level of appeal. All appeals determinations made by the Board of Trustees are final.