Determinations must be made using the Preponderance of the Evidence standard. Determinations may be made at the conclusion of the live hearing or within three (3) instructional days of the live hearing’s conclusion and shall be provided in writing by an approved method of notification simultaneously to both parties. A written determination shall include:
- Identification of the allegation(s) of sexual harassment.
- A description of the process of investigation, from receipt of the complaint through the determination, to include any notifications to the parties, interviews, site visits, methods used to gather evidence, and hearings held.
- Findings of fact supporting the determination.
- Conclusions regarding the application of any of the college’s policies to the facts.
- A statement of, and rationale for, the determination regarding each allegation, to include:
- Disciplinary sanctions for the respondent.
- Remedies provided to the complainant to restore the complainant’s equal access to the college’s education program or activity; and
- Information regarding the opportunity to appeal the determination. A determination is considered final either on the date that the college provides the parties with the written determination or upon expiration of the option to file an appeal.