INTAKE
The Title IX Coordinator will meet with the Complainant to discuss their needs, review available options, and help connect them with supportive resources.
If the Complainant chooses to move forward with a campus resolution process, the next step is a preliminary inquiry. All resolution processes are conducted by campus officials who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking, as well as training on how to conduct investigations and hearings that support safety, fairness, and accountability. The College will protect the privacy of individuals involved in the process to the extent permitted by state and federal law. Title IX-related resolutions are not subject to publicly available recordkeeping requirements. Any release of information about a resolution will be made without including identifying information about the reporting party, to the extent permitted by law.
PRELIMNARY INQUIRY
During the preliminary inquiry, the College makes an initial determination about the allegations and whether the matter should move forward to a formal investigation. This preliminary inquiry is sometimes called a prima facie assessment. In this step, the Title IX Office reviews the initial allegations to determine whether, if assumed to be true, they would meet the basic required elements of Cabrillo College’s policies prohibiting sex-based discrimination or misconduct.
If the allegations meet the prima facie standard, the College may move forward with a formal investigation or alternative resolution, as appropriate. If the allegations do not meet this standard, the matter may be dismissed from the Title IX resolution process. When that happens, the Title IX Office can still help connect individuals with supportive resources and explain any other available options.
RESOLUTION OPTIONS
Formal Investigation
An investigation is the process the Title IX Office uses to carefully review an allegation or complaint of sex-based discrimination, including sexual harassment and sexual violence. The purpose of an investigation is to determine whether College policy has been violated and, if so, what steps the College may take to address the violation, support those affected, and help restore a safe and equitable learning and working environment. Trained investigators conduct investigations that are prompt, thorough, reliable, equitable, fair, and impartial. Investigators may interview the complainant, respondent, and relevant witnesses, and prepare a report that includes their findings and, when appropriate, sanctioning recommendations.
Informal Resolution
Informal Resolution is a voluntary, remedies-focused process for resolving complaints of prohibited conduct. It provides an alternative to a formal Title IX investigation when appropriate and when all required parties agree to participate. Informal Resolution is flexible in structure and is designed to help identify harm, prevent future harm, and explore meaningful ways to address and remedy the impact of the conduct.
Safety and Supportive Measures
We recognize that sexual violence and sexual harassment can affect a person’s mental health, sense of safety, and ability to fully participate in campus life.
Supportive measures are available to help students, and employees maintain access to their education, employment, and campus-related activities and events. You do not have to participate in a formal investigation or informal resolution to access safety and supportive resources. These measures are designed to support safety, well-being, and meaningful participation in the Cabrillo College community. To access these resources, contact the Title IX Coordinator.
FORMAL INVESTIGATION PROCESS
This investigation is an administrative proceeding; it is not a criminal process. This means that the investigation determines whether college policy has been violated.
Roles / Definitions
Complainant: the individual(s) making the allegation
Respondent: the individual(s) against whom the allegation is made who is responding to the allegation
Witness: an individual who has direct knowledge of or information about the allegation being made
Investigator: the individual charged with gathering information, including statements of the complainant, the respondent and witnesses, documents, texts, photos, pictures, images, and recordings, analyzing the information gathered, and determining by a preponderance of the evidence what happened.
Investigation Steps
Notification of Investigation: A written notice is sent to the Respondent and the Complainant, separately.
Interviews: An investigator interviews the Complainant and Respondent separately where each has the opportunity to submit evidence and identify witnesses.
Evidence and Witness interviews: The investigator collects evidence, interviews witnesses relevant to the reported incident.
Title IX issues a Summary of Finding and Preliminary Determination: A written notice of outcome is sent to both complainant and respondent along with a copy of the investigation report, and forwarded to the appropriate administrator for disciplinary action.
HEARING
If the investigator’s preliminary determination finds that the respondent violated College policy, a Hearing Officer will conduct a live, virtual hearing.
The hearing may include the parties, their advisors, and relevant witnesses. After the hearing, the Hearing Officer will issue a decision regarding responsibility. The parties will be informed in writing of the outcome of the resolution, without significant delay between the notifications to each party. 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.
STANDARD OF EVIDENCE
Cabrillo College uses the preponderance of the evidence standard. This means decision-makers consider whether, based on the available credible evidence, it is more likely than not that a policy violation occurred.
PAST HISTORY
An individual’s past sexual history or character is generally not considered during the resolution process unless it is determined to be highly relevant.
Any such information offered by a party or by the College will be presumed irrelevant unless evidence is provided showing that it is relevant. However, a pattern of behavior by a Respondent may be relevant to the finding and any sanction imposed. Both parties will be notified in advance if this type of information is determined to be relevant and will be considered during the process.
APPEALS
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.
