• • Any person may report sex-based discrimination and/or harassment, including sexual harassment, sexual assault, domestic violence, dating violence, and stalking, in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

     Contact Information for the Title IX Coordinator:

    Name:                            Jennifer DeWeerth  
    Title:                               Title IX Coordinator
    Office Address:             PH 347
    Email Address:              jdeweerth@mvcc.edu
    Telephone Number:    315-334-7701

     

    Such a report may be made at any time (including during non-business hours) by using the electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

• Title IX and sex-based discrimination and/or harassment reports may also be made to the Department of Public Safety or Deputy Coordinator Dennis Gibbons, Dean of Student Life.
  Whether you report to the Title IX Coordinator or the Department of Public Safety, the meeting following your report with be with the Title IX Coordinator to understand the nature of the complaint and to provide an overview of the options that are available so that the reporter may make an informed decision about how she/he/they would like to proceed.  This meeting also occurs individually with the Respondent when appropriate. 
• Reports of other forms of harassment and discrimination (not Title IX sex-based discrimination and/or harassment) are to be made to either the Executive Director of Human Resources for cases involving employees or to the Vice President for Students Affairs, for cases involving students, and the case will be assigned to the appropriate investigator. Either may disqualify her or himself from serving, in which case another member of the staff will be appointed as an alternate.
• This is a College Title IX investigation, not a legal investigation.  A respondent does have the right not to speak to the Title IX Investigator regarding the incident, however, failure to do so may have a negative impact as the Investigator will be unable to take the Respondent's perspective into account in the rendering of an outcome. 
• Retaliation for filing a report or for answering questions during the investigation of a report will not be tolerated and will result in appropriate disciplinary action. The College will make every possible attempt to ensure confidentiality and to limit access to information about the report to those with a need to know. All reports will be investigated, and appropriate action will be taken if an individual has violated these policies.
• All timetables in these procedures are intended as guidelines. Reports will be investigated and resolved expeditiously, but since each case is different, each will require its own unique timetable. 

Extensions may be granted for up to 5 business days upon request by one party and communicated to both if approved by the Title IX Investigator.  In extenuating circumstances, law enforcement may specifically request and justify a delay of up to 10 business days.

 

Filing a Formal Complaint

A Formal Complaint is necessary to initiate the College’s grievance process, meaning an investigation and adjudication process.  A third-party or anyone other than the victim of the misconduct may not file a formal complaint. However, a formal complaint may be filed by a parent or guardian of a minor person. The timeframe for the grievance process under MVCC’s Title IX policy begins with the filing of a Formal Complaint. 

• The Grievance Process will be concluded within a reasonably prompt manner, typically no longer than one hundred and twenty (120) business days after the filing of the Formal Compliant, provided that the process may be extended with notification to the parties for good reason, including but not limited to the absence of party, a party’s advisor, or a witness; concurrent law enforcement activity; breaks in the academic schedule; or other necessary extensions. Both parties will be notified simultaneously if the College determines the Grievance Process cannot be concluded within one hundred and twenty (120) business days. The notification will outline the reasons for extension. 
• To file a Formal Complaint, a Complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. 
• If a Complainant does not wish to make a Formal Complaint, and the Title IX Coordinator may determine there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a Formal Complaint. The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process.  However, the Title IX Coordinator may file a Formal Complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant. In making this determination, the Title IX Coordinator will consider, among other factors: the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating:1) whether there have been other complaints about the same alleged perpetrator; 2) whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;3) whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others;4) whether the sexual violence was committed by multiple perpetrators 5) whether the sexual violence was perpetrated with a weapon; 6) whether the victim is a minor; 7) whether the College possesses other means to obtain relevant evidence of the prohibited conduct (e.g., security cameras or personnel, physical evidence); 8) whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.
  Additionally, where the respondent is not enrolled at the College and is not employed by the College, the College may decline to process the complaint through the Grievance Process.  The College may take the steps it deems appropriate under the circumstances. MVCC 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 under this Policy. 

Mandatory Dismissal of Title IX Charges  

• The Title IX Coordinator will review a Formal Complaint filed by a Complainant.  In order to comply with Title IX regulations, the Title IX Coordinator must “dismiss” a Formal Complaint for purposes of Title IX if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged:
  • would not constitute sexual harassment as defined in MVCC’s Title IX policy and the applicable Title IX regulations, even if proved, 
  • did not occur in the College’s education program or activity, or
    did not occur against a person in the United States.
• Notice of dismissal of the Title IX Category violation(s) will be in writing and issued to both the Complainant and Respondent.  The Title IX Coordinator may determine at any point in the process that facts have emerged that require the dismissal of a Title IX Category violation.  A decision to dismiss a Title IX Category violation is immediately appealable by the complainant, pursuant to the appeals provisions in the College’s Title IX Policy. 

Discretionary Dismissal of Title IX Charges

• The Title IX Coordinator may, but is not required to, dismiss Formal Complaints in the following circumstances:
  
  • When the complainant withdraws a formal complaint;
  • When the respondent is no longer enrolled in or employed by the College; and
  • Where specific circumstances prevent the College from gathering evidence (such as where a complainant refuses to cooperate but does not withdraw a formal complaint).  
• The decision to dismiss or not to dismiss a charge under these circumstances will depend on the totality of the situation.

 

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