FCC Academic Catalog 2016-2017

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2016/2017 fcc catalog
192 • 301.846.2400
The complainant and respondent may submit
any additional comments or information to the
Title IX Coordinator within five (5) workdays of
being provided the draft investigation report for
review. This is the final opportunity for the parties
to identify any additional information or witnesses
and review their statements for accuracy. After the
five-day opportunity for both parties to review the
draft investigation report, the Title IX Coordinator
will submit the final investigation report, which
incorporates any additional information provided
by both parties, to the appropriate College
employee(s) for a judgment based on the nature
of the complaint as follows:
• For complaints involving only employees – to
the supervising Associate Vice President or
supervising Vice Presidents, or their designees
• For complaints involving only students – to the
AVP/Dean of Students
• For complaints involving both a student and an
employee – to the supervising Associate Vice
President or supervising Vice Presidents, or their
designees and the AVP/Dean of Students
Judgment/Sanctions
After reviewing the final investigation report,
and meeting with the complainant and
respondent separately, the appropriate College
employee(s) will make a judgment as to whether
there has been a violation of the Title IX Sexual
Misconduct Policy. The judgment will be based
upon a preponderance of the evidence and
sanctions will be imposed, if warranted. Both the
complainant and the respondent will be notified
in writing of the judgment and the sanctions
imposed within five (5) workdays of receipt of
the final investigation report.
Appeals
The complainant as well as the respondent
have the right to request a hearing with the
Title IX Council to appeal the judgment and/
or the imposition of sanctions for Title IX sexual
misconduct violations. Appeals shall be in
writing and must be submitted to the Title IX
Coordinator within five (5) workdays of the
judgment/sanctions.
Appeal Hearing Procedures for the Title IX
Council
The Title IX Council will conduct a hearing on all
appeals of judgment/sanctions related to Title IX
sexual misconduct. The hearing shall be closed
to the public and will be taped or transcribed.
Failure of the individual who requested the
appeal to appear for the hearing, without
prior notification or evidence of extenuating
circumstances, waives his/her right for further
appeal and the judgment and sanctions will
stand.
The first hearing session shall be limited to the
complainant and respondent, other individuals
with personal knowledge of relevant facts who
will be presented as witnesses, and persons
contractually engaged by the College for the
purposes of the hearing (e.g., transcriptionists,
medical doctor, etc.). Representation by legal
counsel is not allowed in the hearing. Each party
may have however, a College Support Person of
their choice. During the hearing, the complainant
and respondent will have an equal opportunity
to be heard.
The Title IX Council may then meet separately
with each party in a session which will be closed
to the other party. Likewise, the Title IX Council
will meet with available witnesses in sessions,
which will be closed to the parties.
After consideration of all relevant information,
the Title IX Council will make its own
determination by a preponderance of the
evidence. The Title IX Council may affirm, modify,
or reject the judgment/sanctions regarding the
policy violation, and/or return the outcome to
the Title IX Coordinator to conduct additional
investigation before completing its review. All
Title IX Council decisions require a majority vote
and shall be accompanied by an explanation
of the rationale for the decision of the Title IX
Council.
The Title IX Council will have five (5) workdays to
make a determination as to whether to affirm,
modify, or reject the judgment/sanctions of the
Title IX sexual misconduct. In the event the Title
IX Council requests additional investigation,
the five (5) day timeline may be extended by
the Title IX Coordinator to accommodate any
additional investigation and reconsideration by
the Title IX Council, as needed.
The Title IX Council shall issue its determination
to the Title IX Coordinator. The Title IX
Coordinator will then issue a formal notice of
the Title IX Council decision to both parties,
separately and simultaneously. The notice of
the Title IX Council decision on the appeal shall
include a reference to the specific prohibited
conduct at issue, a summary of the investigation
and the Title IX Council stated rationale for its
decision regarding the appeal of the judgment/
sanctions. Copies of the notice of the Title IX
Council decision will be sent to the appropriate
supervisor, department chair or unit head,
Dean, and Provost or designee and other
administrators, as necessary on a need-to-know
basis.
Appeal of the Title IX Council Decision
If the student wishes to appeal the decision of
the Title IX Council, he or she may do so to the
College President. Appeals shall be in writing and
submitted to the Human Resources office, 7932
Opossumtown Pike, Frederick, MD 21702, Suite
223 of Gambrill Hall, within five (5) workdays of
the notification of the Title IX Council decision.
The President will consider the appeal based on
one of the following grounds:
1. The Title IX Council did not adhere to the
prescribed procedures.
2. The decision reached by the Council did
not meet the standard of preponderance of
evidence.
3. A claim that new evidence or facts should
be considered that were unknown and/or
unavailable at the time of the Title IX Council
decision.
4. Evidence that bias existed.
5. Finding of not-guilty in a criminal trial for the
same offense, if the avenues of appeal have not
already been exhausted.
An employee may appeal the Title IX sexual
misconduct judgment/sanctions in writing
through the applicable College grievance
procedure. All appeals shall be submitted to the
Human Resources office, 7932 Opossumtown
Pike, Frederick, MD 21702, Suite 223 of Gambrill
Hall, within five (5) workdays of the judgment/
sanctions. The Title IX Coordinator will refer the
appeal to the appropriate grievance/appeal
procedure.
Final Outcome Notice
After the judgment and sanctions become
final and all appeals, if any, are exhausted, the
Title IX Coordinator shall issue a written final
outcome notice to both parties, separately and
simultaneously. Issuance of the final outcome
notice completes the investigation and
adjudication of the complaint under this Policy.
XI. Records
All records pertaining to Title IX sexual
misconduct are maintained by the Title IX
Coordinator using the Secured College Tracking
System. The College Chief of Security maintains
Clery Act records. Seven years is the minimum
for retention of Title IX sexual misconduct
reports. Employee records will be kept longer,
to allow for a full employment history to be on
file. Situations that result in separation from the
College, for both students and employees, are
often kept indefinitely.