Title IX and Your Rights at STLCC

You can report discrimination, sexual harassment, sexual assault, dating violence, domestic violence and stalking through STLCC’s online Title IX Sexual Harassment Form.

File a Title IX Complaint

Students can report discrimination, harassment, sexual harassment, or sexual violence by contacting Shannon Nicholson, Director for Community Standards/Title IX Coordinator at 314-539-5345 or snicholson29@stlcc.edu, or the Chief Student Affairs Officer/Vice President at their campus.

Employees can report discrimination, harassment, sexual harassment and sexual violence to:

Shannon Nicholson
Director of Community Standards/Title IX Coordinator
314-539-5345 | snicholson29@stlcc.edu 

Shirley Simmons
Deputy Title IX Coordinator
314-539-5127 | ssimmons83@stlcc.edu 

Anonymous reports of discrimination, harassment, sexual harassment and sexual violence are accepted. All reasonable steps to investigate and respond to such reports will be undertaken. However, the College's ability to respond to anonymous complaints may be limited.

Confidential Resources

• Counseling Offices: Provides free mental health services to students in need. All counselors are confidential and will not report disclosures to others without student consent.
• Student Advocacy and Resource Centers: Connects students to supportive services both on campus and off. Only the coordinators are confidential.
• Personal Assistance Services: Provides free mental health services to full-time employees.  

Unless specifically noted above, all other employees at STLCC are mandated to notify the Title IX Coordinator of disclosures of sexual harassment and sexual misconduct. 

Nonconfidential Resources

• Title IX Coordinator (Districtwide): Shannon Nicholson | snicholson29@stlcc.edu | 314-539-5345
• Deputy Coordinator (Employee Complaints): Shirley Simmons | ssimmons83@stlcc.edu | 314-539-5127
• Campus Chief Student Affairs Officers: 
   Florissant Valley: Julie Massey | 314-513-4258 
   Forest Park/Harrison Center: LaShanda Boone | 314-644-9212 
   Meramec/South County: Keith Ware | 314-984-7609 
   Wildwood: Keith Robinder | 636-422-2008
• STLCC Police: 314-539-5999 

Victim Advocacy Resources

• Safe Connections – Provides 24/7 support through the Crisis Helpline and individual and group therapy to survivors of domestic and sexual violence. Serves all survivors. Call or text 314-531-2003.
• YWCA Metro St. Louis – Provides support and advocacy to victims of domestic violence and sexual assault within the St. Louis metro area. Call 314-531-7273.
• Alternatives to Living in Violent Environments (ALIVE) – Counseling, emergency shelter and support for adults and children experiencing domestic abuse. Call the 24/7 crisis line at 314-993-2777.
• Preferred Family Healthcare/Bridgeway Behavioral Health – Operates a 24/7 crisis hotline and emergency shelter for victims and survivors of intimate partner violence in St. Charles or Lincoln County. Offers group counseling, education, legal advocacy and outreach. Call 636-224-1850.
• Legal Services of Eastern Missouri – Provides pro bono, high-quality legal assistance and equal access to justice to low-income people. Call the office at 314-534-4200. 

Medical Care After Assault

After an incident of sexual violence, survivors are encouraged to consider seeking medical attention as soon as possible. Filing a police report is not required to receive care.  

Most area hospitals provide physical evidence recovery kit collection and access to trained forensic nurse examiners and sexual assault nurses. 

Barnes-Jewish St. Peters Hospital 
1 Barnes Jewish Hospital Plaza 
St. Louis, MO 63110 
Phone: 314-747-3000 

Missouri Baptist Medical Center 
3015 N Ballas Road 
St. Louis, MO 63131 
Phone: 314-996-5000 

St. Anthony's Medical Center 
10010 Kennerly Road 
St. Louis, MO 63128 
Phone: 314-525-1000 

St. Luke's Hospital 
232 S Woods Mill Road 
Chesterfield, MO 63017 
314-434-1500 

SSM Health St. Louis University Hospital 
1201 S Grand Blvd. 
St. Louis MO, 63104 
314-257-8000 

RAINN: Rape, Abuse, Incest National Network – Operates the National Sexual Assault Hotline in partnership with more than 1,000 local sexual assault service providers across the country, as well as the DoD Safe Helpline for the Department of Defense. Call the 24/7 crisis line at 1-800-656-HOPE or text “hope” to 64673. 

Love Is Respect – Offers 24/7 information, support and advocacy to young people between the ages of 13 and 26 who have questions or concerns about their romantic relationships.  Call the 24/7 crisis line at 1-866-331-9474, text “loveis” to 22522 or visit the website to chat live. 

988 – National lifeline for individuals experiencing mental health crises and suicidal ideation. Call or text 988 or visit the website to chat live. 

The Trevor Project – Suicide prevention and crisis support for LGBTQ+ youth. Call the 24/7 crisis line at 1-886-4-U-TREVOR. 

LGBT National Help Center – Provides peer support, community connections and resource information through helplines and an online chatroom for LGBT people. Call 888-843-4564 or visit the website to chat live. 
 
Metro Trans* Umbrella Group – Community support for trans, genderqueer and intersex individuals and allies. Call 314-349-1402. 
 
Williams and Associates/Rustin’s Place – Drop-in center for young Black men aged 18–29, offering free STI testing, sexual health services and outreach. Call 314-695-5188. 

Complete the required Student Health and Safety Education training through Canvas by following the steps below. 

1. Log into Canvas and select the "Help icon" from the menu on the left side of the screen.
2. Choose Student Health and Safety Education - Online Training and Resources from the list provided.
3. Select the "Enroll in Course" box.
4. The “Home” tab should include a link to the training site and module. Click the “training site” link. 
5. Select the orange “Start Course” in “Consent and Respect” from the 3rd Millenium Classrooms home page.
6. Complete all eight (8) lessons to demonstrate successful completion.
7. Download your completion certificate and provide a copy to your instructor(s). 

Questions about student Title IX training? Contact Shannon Nicholson at  snicholson29@stlcc.edu or 314-539-5345. 

View a guide for accessing the student training (PDF)

Employees complete annual Title IX training through the employee learning management system. For questions about training requirements, contact STLCC HR Learning and Development at hr-training@stlcc.edu. 

Explore these resources focused on bystander intervention and advocacy to support safer campus communities. 

Stalking Resource Center – SPARC aims to enhance the response to stalking by educating the professionals tasked with keeping stalking victims safe and holding offenders accountable. Provides education and resources about the crime of stalking.  

Center for Changing Our Campus Culture – Provides the latest research, sample campus policies, protocols, best practices and information on how to access training opportunities and technical assistance. 

MCSR – Prevents violence through transformational programs and services for youth and adults that promote healthy masculinity and empowered womanhood. 

Step Up Program – Resources for bystander intervention. 

Missouri Coalition Against Domestic & Sexual Violence – MCADSV unites Missourians with a shared value that rape and abuse must end and advances this through education, alliance, research and public policy. 

The Final Title IX Rule requires the sharing of "[a]ll materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. A recipient must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public."  

College employees responsible for coordination, investigation, informal resolution or decisions associated with Title IX reports receive annual training through the State University of New York (SUNY). 

Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal, state or local law. All requirements and protections are equitably provided to individuals regardless of such status or status as a complainant, respondent, or witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the Department of Education’s Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr. 

Definitions

Covered Sexual Harassment:

For the purposes of this Title IX Sexual Harassment Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. 1. An employee conditioning educational benefits in participation in unwelcome sexual conduct (i.e., quid pro quo);
   2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
   3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent; including:
      1. Sexual assault includes but is not limited to, the following acts when they occur without the consent of the victim:
      2. Any penetration, however slight, of the genitals or anus of one person with the genitals of another person.
      3. Any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person.
      4. Any sexual act involving penetration, however slight, of the genitals or anus of one person by a finger, instrument, or object.
      5. Touching of another person’s genitals or breasts under or over the clothing.
      6. Touching of one person with the genitals of another person under or over the clothing.
   4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person:
      1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
      2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
         1. The length of the relationship;
         2. The type of relationship;
         3. The frequency of interaction between the persons involved in the relationship.
   5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under Missouri domestic of family violence laws or by any other person against an adult of youth victim who is protected from that person’s acts under the domestic or family violence laws of Missouri. 6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed to a specific person that would cause a reasonable person to:
      1. Fear for their safety or the safety of others; or
      2. Suffer substantial emotional distress.

Note that conduct that does not meet one or more of these criteria may still be prohibited under the Student Code of Conduct of through relevant employee processes.

Consent:

For the purposes of this Title IX Grievance Policy, “consent” is defined as “affirmative consent” – an informed, conscious, mutually understandable affirmation given freely and actively by words (e.g., saying “yes”) or actions that indicate a willingness to engage in mutually acceptable sexual activity (to do the same thing, at the same time, in the same way, with each other).

Individuals engaging in sexual activity are encouraged to talk before engaging in such activity and to continue communicating with each other throughout the activity to ensure that affirmative consent exists. It is the responsibility of the person who wants to engage in the specific sexual activity to make sure they have affirmative consent from the other individual.

It is important to remember the following regarding effective consent:

• • • Consent may be withdrawn at any time during a sexual encounter.
    • Consent at one time does not imply consent at any other time.
    • Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
    • Silence, passivity, or other inactive behaviors (i.e., absence of resistance) do not constitute affirmative consent.
    • One cannot presume affirmative consent due to participation in a relationship.
    • There must still be a mutually understandable communication indicating a willingness to engage in sexual activity.
    • Affirmative consent cannot be gained by force, or threat of force, coercion, fraud, or intimidation.
    • Affirmative consent can never be given by minors (in Missouri, under age 18), mentally disabled individuals, or by persons incapacitated as a result of alcohol or other legal or illegal drug use.
    • A person who is unconscious, unaware, or otherwise physically helpless cannot give affirmative consent.

Education Program or Activity:

For the purposes of this Title IX Grievance Policy, St. Louis Community College’s “education program or activity” includes:

• • • Any on-campus premises.
    • Any off-campus premises that the College has substantial control over.
    • Any off-campus College sponsored or approved activity that the institution has substantial control over.
    • Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the College’s programs and activities over which the College has substantial control.

Formal Complaint:

For the purposes of this Title IX Sexual Harassment Grievance Policy, “formal complaint” means a document – including an electronic submission – filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within the College’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment. An electronic version of the Formal Complaint Form will be available online and linked to the College website.

Complainant:

For the purposes of this Title IX Sexual Harassment Grievance Policy, complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

Relevant Evidence and Questions:

“Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.

“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:

• • • Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
      • They are offered to prove that someone other than the respondence committed the conduct alleged by the complainant, or 
      • They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consistent. 34 C.F.R. § 106.45(6)(i).
    • Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege.
    • Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 85 Fed. Reg. 30026, 30294 (May 19, 2020).

Respondent:

For the purposes of this Title IX Grievance Policy, respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.

Privacy vs. Confidentiality:

Consistent with College policy, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement of college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean College offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to provide supportive resources, investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. The College will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Confidential Reporting:

The following officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:

• • • Title IX Coordinator or designee
    • Deputy Title IX Coordinator – Director of Labor and Employee Relations (or designee)
    • Campus Chief Student Affairs Officer (or designee)
    • Title IX Investigators

The following officials may provide confidentiality:

• • • Counselors working in College counseling centers
    • Student Assistance Program Coordinators

Disability Accommodations:

This policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973.

Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process that do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other institutional programs and activities.

Making a Report Regarding Covered Sexual Harassment to the Institution

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment). Employees of the college, except for confidential resources, are required to report information they receive regarding allegations of sexual harassment to the Title IX Coordinator, Deputy Title IX Coordinator (or their designees).

Reports can be made at any time utilizing an online form for this purpose, in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, Deputy Title IX Coordinator (or their designees), or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Title IX Coordinator:
Shannon Nicholson, MS, LPC
Director for Community Standards/Title IX Coordinator
Corporate College, 3221 McKelvey Road, Bridgeton, MO 63044
Email: snicholson29@stlcc.edu
Telephone: 314-539-5345

Deputy Title IX Coordinator (employee involved matters):
Shirley Simmons
Director, Human Resources Business Partners
Corporate College, 3221 McKelvey Road, Bridgeton, MO 63044
Email: ssimmons83@stlcc.edu
Telephone Number: 314-539-5127

Campus Chief Student Affairs Officers on each campus are available to receive reports of sex discrimination. Information regarding supportive measures will be provided to complainants, as will details regarding the Title IX process.

Title IX Investigators – trained employees throughout the district serve as Title IX investigators. Investigators may receive reports of sex discrimination and will provide information regarding supportive measures available to the complainant as well as information regarding the Title IX process.

Non-Investigatory Measures Available Under the Title IX Sexual Harassment Grievance Process

Supportive Measures

Complainants (as defined above), who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from the college regardless of whether they desire to file a complaint, which may include options listed below as appropriate. Supportive measures are non-disciplinary and non-punitive.

As appropriate, supportive measures may include, but not be limited to:

Students
Counseling (College Counseling Services).
Referral to community based services.
Extensions of deadlines or other course-related adjustments.
Modifications of work or class schedules.
Campus safety planning support and assistance (including secure escort services).
Restrictions on contact between the parties (no contact orders).
Changes in work locations (if employed by the college).
Leaves of absence.
Increased security and monitoring of certain areas of the campus.

Employees
Counseling (Employee Assistance Program).
Referral to community based services.
Modifications of work schedules.
Campus safety planning support and assistance (including secure escort services).
Restrictions on contact between the parties (no contact orders).
Changes in work locations (if employed by the College).
Leaves of absence.
Increased security and monitoring of certain areas of the campus.

Emergency Removal

The College retains the authority to remove a respondent from its program or activity on an emergency basis where it:

1. Undertakes an individualized safety and risk analysis; and
2. Determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal.

The process utilized for this purpose will be the same as existing Direct Threat Response articulated in Behavior Intervention Team protocols.

The designated Campus Chief Student Affairs Officer will, in collaboration with other appropriate College officials including but not limited to the District Director of Equity Compliance/Title IX Coordinator, Director of Public Safety, Campus Chief Academic Officer, the Vice Chancellor for Student Affairs, Deputy Title IX Coordinator (or designee for employee involved matters), and Campus Care Team members (as needed) make an individualized assessment based on reasonable judgment that relies on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk posed by the identified individual; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices or procedures or, where applicable, the provision of auxiliary aids and services, will mitigate the risk. A recognized threat assessment tool will be utilized for this purpose.

The Campus Chief Student Affairs Officer will determine, in collaboration with College Officials, if interim restrictions, including emergency removal, are appropriate. In matters pertaining to employees, the Deputy Title IX Coordinator (or designee) will determine if interim restrictions including emergency removal of an employee, is the appropriate action.

If it is determined that an emergency removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal.

Appeal Process for Emergency Removal

A student respondent may appeal a decision made by the Campus Vice President of Student Affairs within 10 calendar days after the date of the written decision and notification. Such appeal must be made in writing to the official who made the decision. Consideration of the appeal will be given by the Vic Chancellor for Student Affairs (or designee) of all information utilized in making the initial decision in the matter. The respondent will receive notice of the decision on the appeal, in writing no later than 10 business days after the date of notification of the appeal, including the basis for it, via US Mail and by email using a College-issued email address. This decision is final.

Return Requirements

Following a determination that an individual poses a direct threat to the College community necessitating an emergency removal, the Campus Vice President of Student Affairs may require a return-seeking student to provide documentation that the student no longer poses a threat to the College community. The College may request records from the student and request permission to speak to a treating professional. The records and information that will be requested and required are determined on a case by case basis by the Campus Vice President of Student Affairs.

Administrative Leave

The College retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with existing policies for this purpose.

The Title IX Sexual Harassment Grievance Process

Filing a Formal Complaint

The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The grievance process will be concluded within a reasonably prompt manner, and no longer than 120 days after the filing of the Formal Complaint. The process may be extended for a good reason, including but not limited to the absence of a part, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator with a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this policy if they are currently participating in, or attempting to participate in, the education programs or activities of the College, including as an employee. An online form is available for this purpose and can be found linked to the College website.

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. The Title IX Coordinator will attempt to contact the complainant to discuss their wishes before the Title IX Coordinator signs a Formal Complaint. Serious consideration of the complainant’s interest in proceeding with the formal resolution process will be given. The College will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued as part of this process.

Nothing in the Title IX Sexual Harassment Grievance Policy, the Student Code of Conduct, or other resolution process prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate College process.

Informal Resolution Process

A complainant who files a Formal Complaint may elect, at any time, to address the matter through a designated Informal Resolution Process.

Multi-Party Situations

Formal Complaints may be consolidated when facts alleged include sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.

Determining Jurisdiction

The Title IX Coordinator (or designee) will determine if the Title IX Grievance Process should apply to a Formal Complaint. The process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

1. The conduct is alleged to have occurred on or after August 14, 2020;
2. The conduct is alleged to have occurred in the United States;
3. The conduct is alleged to have occurred in a College education program of activity; and
4. The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy.

If all of the elements are met, the College will investigate the allegations according to the Grievance Process.

Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied to investigation and adjudication of only the allegations that constitute covered sexual harassment.

Mandatory Dismissal

If any one of these elements are not met, the Title IX Coordinator (or designee) will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals” below.

Discretionary Dismissal

The Title IX Coordinator (or designee) may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

• A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
• The respondent is no longer enrolled or employed by the College; or,
• If specific circumstances prevent the College from gathering evidence sufficient to reach a determination regarding the Formal complaint or allegations within the Formal Complaint.

Any party may appeal a dismissal determination using the process set forth in “Appeals” below.

Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties.

Notice of Removal

Upon dismissal for the purposes of Title IX, the College retains discretion to utilize the Student Code of Conduct or appropriate employee accountability process to determine if a violation of Board Policies or Administrative Procedures has occurred. If so, the Title IX Coordinator (or designee) will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Process and removal of the allegations to the student conduct or appropriate employee process.

Notice of Allegations

The Title IX Coordinator (or designee) will draft and provide the Notice of Allegations to any party to the allegations of sexual harassment. Such notice will occur as soon as practicable, after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.

The parties will be notified by the institutional email accounts if they are a student or employee, and by other reasonable means if they are neither.

Sufficient time will be provided for the parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator (or designee) may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above, and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

Contents of Notice

The Notice of Allegations will include the following:

• Notice of the Title IX Grievance Process and a hyperlink to a copy of the process.
• Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and the date and location of the alleged incident, if known.
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv).
• A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi).
• A statement that the Student Code of Conduct prohibits a student from knowingly giving false or perjured testimony in any college investigation proceeding. Also, no student will knowingly give false information to a college official or show reckless regard for the truth (AP G.18.A Student Code of Conduct – Dishonesty).
• A statement that employees are prohibited from knowingly giving false or perjured testimony and are expected to fully cooperate in the process.

Ongoing Notice

If, in the course of an investigation, the College decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered “sexual harassment” falling within the Title IX Grievance Policy, the Title IX Coordinator (or designee) will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means.

The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.

Advisor of Choice and Participation of Advisor of Choice

Parties will be provided equal access to advisors and support persons of their choice; any restrictions on the role of the advisor and their participation in the process will be applied equally.

The College has a long-standing practice of requiring students and employees to participate in the process directly and not through an advocate or representative. Students or employees participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend.

The Advisor of Choice is not an advocate. Except where explicitly stated by this policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of the College.

Meetings, hearings or other interactions necessary for the resolution of a pending matter will not be intentionally scheduled on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.

The College is obligated to investigate and adjudicate in a prompt timeframe Formal Complaints under Title IX and therefore cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator (or designee). The College will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or, in the case of a hearing, utilize one provided by the College.

Notice of Meetings and Interviews

Written notice will be sent to a party whose participation is invited or expected. This notice will include the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

Delays/Extensions

Parties may request additional time during the grievance process for good cause, and the Title IX Coordinator, Deputy Title IX Coordinator (or designee) will have the sole discretion to grant extensions of the grievance process. Examples of good cause for an extension are needing additional time to provide evidence to the investigator or a party’s unavailability to attend a hearing on a specific date. Requests for an extension of time should be made as soon as a party knows an extension will be needed to avoid inconveniencing other individuals involved in the grievance process.

Investigatiom

General Rules of Investigations

One or more Title IX Investigator(s) will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations.

The College, and not the parties, has the burden of proof and the burden of gathering evidence, i.e., the responsibility of showing a violation of this policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from the College and does not indicate responsibility.

Inspection and Review of Evidence

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint.

All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins.

The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format or a hard copy. The College is not under an obligation to use any specific process of technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.

The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report.

A copy of the parties’ written responses to the investigator will be provided to all parties and their advisors, if any.

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review of use such evidence for any purpose unrelated to the Title IX grievance process.

The parties and their advisors agree not to photograph or otherwise copy the evidence.

Inclusion of Evidence Not Directly Related to the Allegations

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will be included in the appendices to the investigative report.

Investigative Report

The Title IX Investigator will create an Investigative Report that fairly summarizes relevant evidence.

The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.

Only relevant evidence (including both inculpatory and exculpatory – i.e., tending to prove and disprove the allegations – relevant evidence) will be referenced in the Investigative Report.

The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. See, 85 Fed. Reg. 30026, 30304 (May 19, 2020).

Hearing

General Rules of Hearings

The College will not issue a disciplinary sanction arising from an allegation of covered sexual harassment until there is a finding of responsibility following a live hearing unless otherwise resolved through an information resolution process.

The live hearing may be conducted with all parties physically present in the same geographic location, or, at the College’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through a remote video conferencing program. This technology will enable participants simultaneously to see and hear each other. At its discretion, the College may delay or adjourn a hearing based on technological errors not within a party’s control.

All proceedings will be recorded through audio recording, audiovisual recording or written transcript. That recording or transcript will be made available to the parties for inspection and review.

Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this agreement may not be withdrawn.

Continuances or Granting Extensions

The College may determine that multiple sessions or a continuance (i.e., a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, it will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Participants in the Live Hearing

Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows:

Complainant and Respondent (The Parties)

• The parties cannot waive the right to a live hearing unless done so as part of the informal resolution process.
• The College may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party.
  • For example: a verbal or written statement constituting part or all of the sexual harassment itself is not a “prior statement” that must be excluded if the maker of the statement does not submit to cross-examination about that statement. In other words, a prior statement would not include a document, audio recording, audiovisual reading, and digital media, including but not limited to text messages, emails, and social media postings, that constitute the conduct alleged to have been the act of sexual harassment under the formal complaint.
• The College will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s participation.
• In general, the Hearing Panel cannot rely on any statement by a party or witness who does not submit to cross-examination during the course of the hearing in reaching a determination on responsibility. However, in very limited circumstances, the Hearing Panel may consider statements by Complainants and Respondents that are against the individual’s interest even if that individual does not submit to cross-examination. A statement against interest is a statement that could expose the individual to a finding of responsibility and sanctions, or a statement that tends to invalidate an individual’s complaint against another. For example, if during an interview with an Investigator, a Respondent makes a statement admitting to the alleged conduct that would violate this policy, of a Complainant makes a statement that information in the Formal Complaint was false, then the Hearing Panel may consider those statements even if the individual does not submit to cross-examination.
• The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross-examination or other questions.
• The parties shall be subject to the institution’s Rules of Decorum for Hearings.

Hearing Panel (The Decision-Makers)

• The Hearing Panel will consist of a panel of 3 decision-makers.
• No member of the Hearing Panel will also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, not may any member of the hearing body serve on the appeals body in the case.
• No member of the Hearing Panel will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
• The Hearing Panel will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
• The parties will have an opportunity to raise any objections regarding a decision-maker’s actual or perceived conflicts of interest or bias prior to the commencement of the live hearing.

Advisor of Choice

• The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
• The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination.
• The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor.
• The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
• The advisor is not prohibited from being a witness in the matter.
• If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf.
• If neither a party nor their advisor appear at the hearing, the College will provide an advisor to appear on behalf of the non-appearing party.
• Advisors shall be subject to the institution’s Rules of Decorum, and may be removed upon violation of those Rules.

Witnesses

• Witnesses cannot be compelled to participate in the live hearing, and have the right not to participate in the hearing free from retaliation.
• If a witness does not submit to cross-examination, as described below, the decision-maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing.
• Witnesses shall be subject to the institution’s Rules of Decorum.

Hearing Procedures

For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:

• The Title IX Coordinator, Deputy Title IX Coordinator (or designee) will open and establish rules and expectations for the hearing;
• The Parties will each be given the opportunity to provide opening statements;
• A member of the Hearing Panel will be designated as the Chair;
• Members of the Hearing Panel will ask questions of the Parties and Witnesses;
• Parties will be given the opportunity for live cross-examination after the hearing panel conducts its initial round of questioning;
• During the Parties’ cross-examination, members of the Hearing Panel will have the authority to pause cross-examination at any time for the purposes of asking their own follow up questions; and any time necessary in order to enforce the established rules of decorum;
• Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Hearing Panel. A Party’s waiver of cross-examination does not eliminate the ability of the panel to use statement made by the Party.

Determination Regarding Responsibility

Standard of Proof

The College uses the preponderance of evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this policy. This means that the information, testimony and evidence presented in the investigation and hearing determines whether it is more likely than not that a violation of the policy occurred.

General Considerations for Evaluating Testimony and Evidence

While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Decision-maker.

Hearing panel members shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, not shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence.

Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.

Hearing panel members will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e., tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

Except where specifically barred by the Title IX Final Rule, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

The Final Rule requires that the College allow parties to call “expert witnesses” for direct and cross examination. It does not provide for the use of expert witnesses in other proceedings.

While the expert witness will be allowed to testify and be cross examined as required by the Final Rule, the hearing panel will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.

The Final Rule requires that the College allow parties to call character witnesses to testify. While the character witnesses will be allowed to testify and be crossed as required by the Final Rule, the hearing panel will be instructed to afford very low weight to any non-factual character testimony of any witness.

The Final Rule requires that the College admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed to testify and be crossed as required by the Final Rule, the hearing panel will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses.

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the hearing panel may draw an adverse inference as to that party or witness’ credibility.

Components of the Written Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all parties through their institution email account, or other reasonable means as necessary. The Determination will include:

1. Identification of the allegations potentially constituting covered sexual harassment;
2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3. Findings of fact supporting the determination;
4. For each allegation:
   1. A statement of, and rationale for, a determination regarding responsibility;
   2. A statement of, and rationale for, any disciplinary sanctions the recipient imposes on the respondent; and
   3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and

   4. The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

5. The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by the Hearing Panel Chair within ten (10) business days of the completion of the hearing.

Sanctions

When the hearing panel determines that a respondent is responsible for violating College Title IX Sexual Harassment policies, a wide range of sanctions may be imposed depending on the severity of the incident(s).

Student Respondent Sanctions

The potential sanctions that may be imposed on students include, but are not limited to:

• Censure – reprimand for the violation of a specified regulation(s), including the possibility of more severe disciplinary sanction in the event of additional violation of any regulation within the period of time stated in the letter reprimand.
• Disciplinary Probation – exclusion from participation in extra-curricular college activities and/or exclusion from various locations of the campus for a specific period of time.
• Restitution – reimbursement by the student for damage to or misappropriation of property, if offered by the college and accepted by the student.
• Compensatory Service – assignment to perform specific duties for the college for a specified period of time, if offered by the college and accepted by the student.
• Suspension – exclusion from physical presence on the campus or at college-authorized activities up to a maximum of one calendar year. The conditions for readmission will be stated in the order or suspension.
• Dismissal – termination of student status and right of physical presence on any college location or at college-authorized activities for a period of time exceeding one calendar year. The conditions for readmission, if any are permitted, will be stated in the order of dismissal.

Employee Respondent Sanctions

The potential sanctions that may be imposed on employees include, but are not limited to:

• Written warning;
• Suspension; and
• Termination of employment.

Sanctions will not be effective until the resolution of any timely appeal of the decision.

Finality

The determination regarding responsibility becomes final either on the date that the institution provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on which the opportunity to appeal expires.

Appeals

Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) business days of being notified of the decision, indicating the grounds for the appeal.

The limited grounds for appeal available are as follows:

• Procedural irregularity that affected the outcome of the matter (i.e., a failure to follow the institution’s own procedures);
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however, the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal.

Appeals will be decided by the Vice Chancellor of Student Affairs (or their designee) when the respondent is a student. In cases where the respondent is an employee of the College, the chief human resource officer (or their designee) will decide the appeal. Anyone serving in this capacity will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing panel member in the same matter.

The outcome of an appeal will be provided in writing simultaneously to both parties, and include rationale for the decision.

Retaliation

The College will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report of filed a Formal Complaint of sIf you or someone you know has experienced sexual harassment or misconduct, STLCC offers confidential support, reporting options and connections to on- and off-campus resources.exual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of Title IX regulations, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Sexual Harassment Grievance Policy.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment.

Complaints alleging retaliation by employees may be filed according to the appropriate grievance/employee accountability process.

Complaints alleging retaliation by students will be addressed through the Student Code of Conduct.