Complaint Reporting

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Who May File a Complaint

Any employee, applicant, student or visitor of LWTech may file a complaint. Complaints may be submitted in writing or verbally. LWTech encourages the timely reporting of any incidents of discrimination or harassment. 

Confidentiality & Right to Privacy

LWTech will seek to protect the privacy of the complainant, respondent, and all other parties involved, to the full extent possible, consistent with the legal obligation to investigate, take appropriate remedial and/or disciplinary action, and comply with the federal and state law, as well as District policies and procedures.

Note

Although LWTech will attempt to honor complainants' requests for confidentiality, it cannot guarantee complete confidentiality.

Rights & 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.
  • The respondent will be afforded the same rights and opportunities as the complainant throughout the investigation and adjudication process.
  • They will be given periodic status updates throughout the investigation and adjudication process.
  • They may invite a student, faculty, union representative, or staff member from the college to accompany them at meetings regarding the investigation process.
  • They will be informed in writing, concurrently of the finding issued by the designated officials, as well as the outcome of any appeal, to the extent permitted by the Code of Student Conduct.
  • They will have the right to appeal the outcome based on the grounds designated in this policy, provided that they have participated in the investigation process.
  • They may retain legal counsel at any time, although legal counsel is not permitted to participate in the college's investigation and adjudication process.

Investigation

Upon receiving a Prohibited Conduct 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. Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his, her or their findings and recommendations in writing.

Written Notice of Decision

The Title IX / EEO Coordinator will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings and of actions taken or recommended to resolve the complaint, subject to the following limitations. The complainant shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as a finding that the complaint is or is not meritorious or a recommendation that the accused not contact the complainant.

Final Decision/Reconsideration

Either the complainant or the respondent may seek reconsideration of the decision by the Title IX / EEO Coordinator. Requests for reconsideration shall be submitted in writing to the Title IX / EEO Coordinator within seven days of receiving the decision. Requests must specify which portion of the decision should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven days, the decision becomes final. If a request for reconsideration is received, the Title IX / EEO Coordinator shall respond within ten (10) business days.
 

Reporting to the College

LWTech encourages anyone who has experienced Prohibited Conduct (sex/gender discrimination, sexual harassment, sexual assault, sexual exploitation, dating/intimate partner violence, domestic violence, or stalking) to report the incident to the college so that the college can investigate and respond to such reports. An individual may provide a report to the college by contacting any of the following people:

All Responsible Employees who witness or receive information regarding any Prohibited Conduct that occurs on campus, on any property owned or controlled by the college, or off campus (including on on-line or electronic conduct occurring in the context of an employment or education program or activity of the college or has continuing adverse effect on campus) are required to promptly report all known details about the Prohibited Conduct to the Title IX Coordinator or Deputy Title IX Coordinator by telephone, email, in person, or through the College's online Title IX Incident Report Form.

Reports are required to include, to the extent known:

  1. Name of the alleged victim(s)
  2. Name of the alleged perpetrator(s)
  3. Name of any alleged witnesses
  4. Any other relevant facts, including the date, time, and specific location of the alleged incident

All other individuals who become aware of an incident of Prohibited Conduct are highly encouraged to report all known details about the Prohibited Conduct to the Title IX Coordinator or Deputy Title IX Coordinator.

A Complainant may choose to make a report to the college to pursue resolution under these procedures and may also choose to make a report to law enforcement. A Complainant may purse either or both options at the same time. A Complainant who wishes to pursue criminal action in addition to,or instead of, making a report under these Procedures should contact law enforcement directly.

The college may have an obligations to report to the police, keeping the name of the victim confidential, in circumstances where the incident includes an allegation that a crime has been committed.

Responsible Employee

Who is a “responsible employee”? The Office for Civil Rights (OCR) provides that a responsible employee is any employee:

  1. who has the authority to take action to redress sexual harassment/misconduct;
  2. who has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by students to the Title IX coordinator or other appropriate designee; or
  3. who a student reasonably believes has this authority or duty.

Interim Measures

Parties involved in allegations of Prohibited Conduct are entitled to receive written information, assistance and a broad range of support and remedial measures regardless of whether they choose to pursue a resolution of Prohibited Conduct. Remedial measures may include a change in academic or living situations, transportation, working situations, prohibiting contact with the Respondent, or medical and/or mental health services, including counseling. Remedial measures may be requested by contacting the Title IX Coordinator. The college will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the college to provide the accommodations or protective measures.

Expectations and Responsibilities

Through these Procedures, Complainants and Respondents can expect:

  • Written notice of an investigation, including the potential Policy violation and nature of the alleged Prohibited Conduct;
  • The opportunity to offer information, present evidence, and/or identify witnesses relevant to the determination of a Policy violation and any sanction(s) imposed;
  • Timely notice of any meeting or proceeding contemplated by these Procedures where the party's presence may be requested;
  • The opportunity to have an advisor of choice, including the right to have that advisor attend any meetings or proceedings contemplated by these Procedures where the party's presence may be requested;
  • Timely and equal access to any information that will be used during Alternative or Formal Resolution proceedings and related meetings;
  • A reasonable length of time to prepare any response contemplated by these Procedures;
  • Prompt and equitable resolution under these Procedures;
  • Written notice of any extension of time frames for good cause;
  • Privacy in accordance with the Policy and any legal requirements;
  • The opportunity to articulate concerns or issues about the process and to challenge the investigator for actual bias or conflict of interest;
  • The opportunity to be heard, orally and/or in writing, as to the investigative finding, determination and any sanction(s) imposed;
  • Written notice of the outcome, imposition of any sanction(s), and the basis for each;
  • Reasonably available interim remedial measures;
  • Freedom from retaliation, harassment or intimidation;
  • The responsibility to refrain from retaliation, harassment or intimidation; and,
  • The responsibility to provide truthful information.