Following a report of sexual misconduct, Lake Erie College may provide interim measures, such as changes to academic, living, transportation or working circumstances. Interim measures might include, but not limited to: informing the reporting party(ies) of how to request changes to the above circumstances, providing awareness of financial aid services on leave of absences and loan repayment, or establishing a non‐contact restriction between the reporting and responding parties. These are meant as examples and may not be applicable to every case of a sexual misconduct complaint. Interim measures may or may not remain in effect after the resolution of a complaint.
When a sexual misconduct report is made, the Title IX Coordinator or other appropriate administrator will determine the most prudent means of resolution. Prior to the formal investigation of a complaint, a review by the Title IX Coordinator and/or other appropriate administrators (i.e. V.P. Student Affairs, Director of Student Life, Director of Security, Director of Human Resources etc.) will take place promptly to determine:
- If the potential health and safety of members of the College community exists which warrants immediate Institutional action (i.e. campus warnings, notification of law enforcement, restrictions of contact with persons or campus property, etc.)
- If the report, as presented, would constitute a violation of College Policy
- The desire of the reporting party for the College to fully investigate (when no ongoing threat is perceived to exist)
- Any extenuating circumstances affecting the responding party which could impact an investigation
- The most prudent means of resolution (i.e. student conduct hearing, administrative review, application of interim measures, etc.) will be identified
- When it is determined that the claims in an allegation rise to the level of potential policy violation(s) and evidence (including the accounts of reporting party and witnesses) is available, an investigation, administrative review or Student Conduct hearing will occur.
- When an administrative review or a Student Conduct hearing is used, rationale will be articulated to all involved parties.
- If the respondent is a student, the matter will be referred to the Director of Student Life/or designee who will coordinate response.
- Reports against or involving employees will be coordinated by the Director of Human Resources or Title IX Coordinator.
- Lake Erie College does not process allegations of sexual misconduct through mediation.
- All forms of resolution will use a standard of preponderance (more likely than not) to determine whether or not policy has indeed been violated. All forms of resolution will be conducted and any sanctions will be imposed by properly trained individuals without any demonstrable conflict of interest or bias against parties involved.
- During any formal investigation or Conduct proceeding, both the reporting and responding party will have equal opportunities to have others present, including an advisor of their choice (said persons may not represent the party or actively participate in proceeding).
- Throughout any proceedings, both the reporting and responding party shall receive timely notice of meetings at which one or the other or both may be present and shall receive equal access to information that will be used in informal and formal meetings and hearings.
- Redacted copies of statements and reports will be available for review by reporting and responding parties
- Notice will be given to all parties when information is given to the Student Conduct Panel
- After any formal proceeding concludes, the reporting and responding parties shall receive written (may be electronic) notification of the proceeding’s results (“Notice of Outcome”) and any available appeals process. At the discretion of the Title IX Coordinator, notification may be presented at separate, in person meetings with the complainant and respondent scheduled as closely together as possible.