Page 48 - 2017-2017 LWTech Student Handbook
P. 48

2017 – 2018 LWTech Student Handbook
federal and state law, as well as District policies and procedures. Determinations regarding how to handle requests for confidentiality will be made by the Title IX / EEO Coordinator.
Although LWTech will attempt to honor complainants’ requests for confidentiality, it cannot guarantee complete confidentiality.
Confidentiality Requests and Sexual Violence Complaints
The Title IX / EEO Coordinator will inform and obtain consent from the complainant before commencing an investigation into a sexual violence complaint. If a sexual violence complainant asks that their name not be revealed to the respondent or that the College not investigate the allegation, the Title IX / EEO Coordinator will inform the complainant that maintaining confidentiality may limit the college’s ability to fully respond to the allegations and that retaliation by the respondent and/or others is prohibited. If the complainant still insists that - their name not be disclosed or that the college not investigate, the Title IX /EEO Coordinator will determine whether the college can honor the request and at the same time maintain a safe and non- discriminatory environment for all members of the district’s community, including the complainant. Factors to be weighed during this determination may include, but are not limited to:
• the seriousness of the alleged sexual violence;
• the age of the complainant;
• whether the sexual violence was perpetrated with a weapon;
• whether the respondent has a history of committing acts of sexual violence or has been the subject of other sexual
violence complaints;
• whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and
• whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical
evidence).
If the college is unable to honor a complainant’s request for confidentiality, the Title IX / EEO Coordinator will notify the complainant of the decision within 10 days and ensure that complainant’s identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.
If the college decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX / EEO Coordinator will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonably feasible.
Investigation Procedure
Upon receiving a discrimination complaint, the college shall commence an impartial investigation. The Title IX / EEO Coordinator shall be responsible for overseeing all investigations. Investigations may be conducted by the Title IX / EEO Coordinator or his, her or their designee. If the investigation is assigned to someone other than the Title IX /EEO Coordinator, the Title IX / EEO Coordinator shall inform the complainant and respondent(s) of the appointment of an investigator as soon as possible.
Rights and Responsibilities of the College to Complainants and Respondents
• They will be treated with sensitivity, dignity, respect, confidentiality, and in an unbiased manner by all involved administrators, investigators and adjudicators.
• They will be informed in writing that a complaint of sexual misconduct against them is being investigated, and of any other suspected policy violations being explored through this investigation.
• They will be advised of the college’s sexual misconduct policy and procedures.
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