Sexual Misconduct Procedure

I. Introduction 

Overview 

This procedure applies to any allegation of Sexual Misconduct made by or against a student, a College employee or a third party regardless of where the alleged Sexual Misconduct took place. The College’s disciplinary authority, however, may not extend to third parties who are not students or employees. Sexual Misconduct alleged to have occurred at a significant distance from the College and/or outside of the College’s property may be more difficult for the College to investigate. This procedure applies regardless of the sexual orientation or gender identity of the parties involved. 

Title IX 

Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex/gender in any federally funded education program or activity. Under Title IX, discrimination on the basis of sex or gender also includes sexual harassment, stalking, dating and domestic violence, or sexual violence, such as rape, sexual assault, sexual battery, and/or sexual coercion. The College’s Title IX Coordinator has oversight responsibility for handling Sexual Misconduct complaints and for identifying and addressing any patterns and/ or systemic problems involving Sexual Misconduct. All allegations involving Sexual Misconduct should be directed to the Title IX Coordinator or, in the case of actions solely between employees, the Vice President for Human Resources. If the alleged incident involves both an employee and a student, the Title IX Coordinator shall take the lead but shall work cooperatively with the Vice President for Human Resources. 

II. Statements of Prohibition 

A. Rules of Consent 

In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence--without actions demonstrating permission--cannot be assumed to show consent. Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates these procedures in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex. 

When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. 

B. Prohibition of Sexual Misconduct 

The College prohibits Sexual Misconduct and is committed to a timely and fair resolution. The College encourages prompt reporting of all types of Sexual Misconduct. While the College will investigate any and all reports of Sexual Misconduct, some Sexual Misconduct can be addressed effectively without full adjudication and/or without formal disciplinary sanctions against a Respondent. 

C. Prohibition of Retaliation 

Retaliation against any person in connection with a complaint of Sexual Misconduct is strictly prohibited. Reports of retaliation will be addressed through this procedure and/or other applicable College procedures. Retaliation includes, but is not limited to, any form of intimidation, punitive actions from authority figure or peers, reprisal (acts of vengeance) or harassment. Retaliation is a serious violation and should be reported immediately. The College will take appropriate disciplinary action against any employee or student found to have retaliated against another. 

D. Prohibition of Providing False Information 

Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials, or who intentionally misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination. The College recognizes that an allegation made in good faith will not be considered false when the evidence does not confirm the allegation(s) of Sexual Misconduct. 

E. Prohibition of Student/Employee Relationships 

  1. Employee Relationships: Romantic or sexual relationships between College employees in a direct supervisor/supervisee relationship are prohibited. This prohibition shall continue as long as the employees remain in a direct supervisor/ supervisee relationship or in the chain of supervision. Employees violating this provision will be subject to disciplinary action up to and including termination of employment. Romantic or sexual relationships between College employees not in a supervisor/supervisee relationship that impairs the College employee’s effectiveness, disrupts the workplace/learning environment, and/or impairs the public confidence in the College will be subject to disciplinary action up to and including termination of employment. 
  2. Employee/Student Relationships: Romantic or sexual relationships between College employees and students are prohibited if the employee and the student have an academic relationship. Academic relationships include any activities in which the employee is a direct or indirect supervisor (i.e. student working in the program or department such as a work study/student worker or an employee serving as an advisor for a student club or organizational activity) or faculty and staff in an instructional setting for the student (i.e. classroom, lab, or clinical/practical setting). This prohibition shall continue until the student or the employee is no longer affiliated with the College. Employees engaging in inappropriate relationships will be subject to disciplinary action up to and including termination of employment. Students engaging in inappropriate relationships may be subject to disciplinary action up to and including expulsion. Romantic or sexual relationships between College employees and students not in an academic relationship that impairs the College employee’s effectiveness, disrupts the workplace/learning environment, and/or impairs the public confidence in the College will be subject to disciplinary action up to and including termination of employment or expulsion from the College. 

    III. Confidentiality 

    A. Standards of Confidentiality 

    The College will respect and make every reasonable effort to preserve the confidentiality of the information and identities shared by the parties involved in a Sexual Misconduct matter. College administrators will, however, share information regarding an alleged Sexual Misconduct, as appropriate and necessary, in order to address and resolve the allegation, prevent the recurrence of similar Sexual Misconduct and address the effects of the Sexual Misconduct. In keeping with this respect for confidentiality, information regarding alleged Sexual Misconduct will generally be disclosed by College personnel only as follows: 

  3. All full-time and part-time regular employees and curriculum adjunct faculty members are considered Responsible Employees and have a duty to report to the Director of Title IX (for student matters) or the Executive Director for Human Resources (for employee matters) unless they fall under the “Confidential Employee” section below. Complainants may want to consider carefully whether they share personally identifiable details with non-confidential employees, as those details must be shared by the employee with the Title Director of Title IX or Executive Director for Human Resources. No employee is authorized to investigate or resolve allegations without the involvement of the College’s Director of Title IX or Executive Director for Human Resources. If a Complainant does not wish for his or her name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the Complainants may make such a request to the Director of Title IX or Executive Director for Human Resources. 
  4. In cases where the Complainant or reporting party requests confidentiality and the circumstances allow the College to honor that request, the College will offer interim supports and remedies to the Complainant but will not otherwise pursue formal action against the Respondent. However, in cases indicating pattern, predation, threat, weapons and/or violence, the College will likely be unable to honor a request for confidentiality. The Director of Title IX or Executive Director for Human Resources will evaluate the following when determining if a report can remain confidential: 
  5.  

    a. the seriousness of the alleged Sexual Misconduct; 

    b. the alleged Complainant’s age; 

    c. whether there have been other complaints of Sexual Misconduct against the Respondent; and/or 

    d. the applicability of any laws mandating disclosure to local law enforcement. 

    The privacy of all parties to a report of Sexual Misconduct will be respected unless it interferes with the College’s obligation to fully investigate allegations of Sexual Misconduct. Dissemination of information and/or written materials to persons not involved in the resolution process is not permitted. Violations of the privacy of the reporting party or the responding party may lead to disciplinary action by the College which could include expulsion or employment termination. 

    B. Confidential Employees 

    If a Complainant would like to confidentially speak with someone about the details of an incident, the Complainant may contact: 

    On campus – Student Resources: 

  6. Professional counselors in the K. Ray Bailey Student Services Building on the Asheville Campus (and by appointment at all A-B Tech instructional sites). Students may schedule an appointment with a counselor by calling (828) 398- 7581. A-B Tech Counselors will maintain confidentiality except in cases of imminent harm to self or others or in cases related to the abuse of a child, elder, or dependent adult. Counselors are available to help free of charge and can be seen on an emergency basis during normal business hours. 
  7.  

    Off-campus – Student and Employee Resources: 

  8. Mobile Crisis Management Services – 888-573-1006 (Community Counseling) 
  9. Helpmate 24-Hour Hotline – 828-254-0516 (Domestic Violence) 
  10. Our Voice 24-Hour Crisis Line – 828-255-7576 (Sexual Assault) 
  11. Employee Assistance Network (EAN) 800-454-1477 (Support services for A-B Tech employees) 
  12.  

    C. Federal Timely Warning Reporting Obligations 

    Complainants of Sexual Misconduct should be aware that College administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the College community. The College will make every effort to ensure that no identifying information is disclosed, while still providing enough information for A-B Tech community members to make safety decisions in light of the danger.

IV. Reporting Options 

A. Reporting to Local Law Enforcement 

Individuals may report Sexual Misconduct directly to local law enforcement agencies by dialing 911. Individuals who make a criminal allegation may also choose to pursue College disciplinary action simultaneously. A criminal investigation into the matter does not release the College from its obligation to conduct its own investigation (nor is a criminal investigation determinative of whether Sexual Misconduct, for purposes of this procedure, has occurred). However, the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence. In the event of such a delay, the College must take interim measures when necessary to protect the alleged Complainant and/or the College community. 

Individuals may choose not to report alleged Sexual Misconduct to law enforcement authorities. The College respects and supports individuals’ decisions regarding reporting; nevertheless, the College may notify appropriate law enforcement authorities if required or warranted by the nature of the allegations. 

B. Reporting to College Officials 

  1. Director of Title IX Compliance - A-B Tech’s Title IX Coordinator oversees compliance with all aspects of the Sexual Misconduct policy. The Coordinator works under the Vice President for Student Services. Questions about this policy and procedure should be directed to the Director of Title IX Compliance. Anyone wishing to make a report relating to Sexual Misconduct, discrimination or harassment may do so by reporting the concern to the College’s Director of Title IX Compliance. 

 

Michele Hathcock 

Director of Title IX Compliance 

Office of the Vice President for Student Services 

Asheville Campus 

828-398-7932 

michelechathcock@abtech.edu 

Online reporting: 

https://www.abtech.edu/incidentreport 

For incidents between students and employees, the Title IX Coordinator will work in partnership with the Executive Director for Human Resources or designee to investigate and resolve the allegation. 

  1. Executive Director for Human Resources - Incidents solely between employees may be referred directly to the Office of the Executive Director. 

 

Shanna Chambers 

Executive Director, Human Resources 

Asheville Campus 

828-398-7113 

  1. A-B Tech Police and Security - The A-B Tech Police and Security Department is located across from the parking deck in the Mission Health/A-B Tech Conference Center and can be reached by phone at (828) 398-7125. A-B Tech Police Officers are available 24-hours a day, 7-days a week. To reach the on-duty officer, please call (828) 279- 3166. 
  2. Anonymous Reporting - Individuals may also file anonymous reports by completing the report at https://www.abtech.edu/incidentreport. It may be very difficult for the College to take action on anonymous reports where supporting information is limited. Anonymous reports may be used for statistical reporting purposes. 

 

C. Reporting Timeframe 

An allegation of Sexual Misconduct may be filed at any time, regardless of the length of time between the alleged Sexual Misconduct and the decision to file the complaint. The College strongly encourages individuals to file complaints promptly in order to preserve evidence for a potential disciplinary or legal proceedings. A delay in filing a complaint may hinder the College’s investigation. 

D. Limited Immunity 

The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to College officials or participate in resolution processes because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interest of this College that as many Complainants as possible choose to report to College officials, and that witnesses come forward to share what they know. To encourage reporting, the College offers Sexual Misconduct Complainants and witnesses amnesty from minor policy violations. 

E. Federal Statistical Reporting Obligations 

Campus Security Authorities have a duty to report sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be shared with campus law enforcement. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the Complainant and may be done anonymously. The Annual Security Report helps to provide the community with a clear picture of the extent and nature of campus crime, in order to build community safety and awareness. To see a copy of the report, you may go to the College website under Consumer Information or you can go to the following link: Campus Police and Security. 

V. Investigation Process 

A. Investigative Timeline 

The College will make every reasonable effort to ensure that the investigation and resolution of a complaint occurs in as timely and efficient a manner as possible. The College’s investigation and resolution of a complaint will generally be completed within 60 calendar days of the receipt of the complaint, absent extenuating circumstances. Any party may request an extension of any deadline by providing the Director of Title IX Compliance or the Executive Director for Human Resources with a written request for an extension that includes reference to the duration of the proposed extension and the basis for the request. The Director of Title IX Compliance or the Executive Director for Human Resources may modify any deadline contained in this procedure as necessary and for good cause. 

B. Standard of Evidence 

The College uses the preponderance of the evidence as the standard for proof of whether a violation occurred. In the student due process hearing and employee grievance process, legal terms like “guilt”, “innocence” and “burdens of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the Respondent either “responsible” or “not responsible” for violating this procedure. 

C. Interim Measure 

If at any point during the initial report, investigation or disciplinary processes the Director of Title IX Compliance deems it necessary for the protection of any member of the College community, the Director of Title IX Compliance may take actions such as the following for students: 

Temporarily suspend the Respondent for up to ten (10) College business days; 

Change the Respondent’s and/or Complainant’s class schedule; 

Take such steps as are reasonable, appropriate and necessary to restrict the Respondent’s movement on campus. 

For employees, the Human Resources representative and the Director of Title IX Compliance may take the following actions: 

Take such steps as are reasonable, appropriate and necessary to restrict the Respondent’s movement on campus; 

Place Respondent on temporary paid administrative leave or reassign the Respondent to other duties. 

 

D. Determination of Investigator and Resolution Process 

As this procedure applies to both students and employees as either the Complainant or the Respondent, the administrator receiving the incident report will determine if the case should be handled by the Director of Title IX Compliance (student/student) or the Human Resources representative (employee/employee) or both (student/employee). For incidents involving students and employees, the College will utilize the process for both the student investigation and the employee investigation sections as applicable. 

E. Student Investigations 

  1. Initial Meeting - Complainant As soon as is practicable, the Director of Title IX Compliance will contact the Complainant to schedule an initial meeting. During these initial meetings, the Director of Title IX Compliance will: 

 

a. Work with Complainant to stop and remedy the impact of the current situation; 

b. Implement safety measures as necessary; 

c. Conduct an initial investigation to retrieve all relevant facts related to the alleged Sexual Misconduct. During this initial meeting, the Title IX Coordinator will explain how the investigation will move forward; 

d. Arrange for escort on campus. The on-call officer cell number is 828-279-3166 for the Asheville Campus; 

e. Work as a liaison between Complainant and instructor(s) to allow the details of the situation to remain private; 

f. Work with the Registrar to adjust class schedule and delivery method as needed (i.e. change from seated class to online class, drop/ withdraw from a class, move to a different section of a course, request extra time to make up course work, or request an incomplete grade); 

Assist Complainant with accessing our college counseling services. These are confidential sessions with a professional counselor who understands the impact of Sexual Misconduct as well as the demands of a student’s academic program; 

h. Work with faculty to excuse class absences (documentation may be required) and allow extra time to make up assignments and/or exams; 

i. Assist Complainant with transportation needs (bus passes); 

j. Assist Complainant with issues related to Financial Aid; 

k. Assist Complainant who wish to take their case through the A-B Tech disciplinary process; 

l. Assist Complainant in connecting with community resources (Pisgah Legal Services, Help Mate, Our Voice, etc.); and/or 

m. Connect Complainant with resources regarding Protective Orders and work with Campus Police to enforce Protective Orders on College property. 

2. Initial Meeting - Respondent 

Prior to the initial meeting with the Respondent, the Director of Title IX Compliance will provide the Respondent, in writing, the alleged allegations being brought against him or her. As soon as is practicable and after the initial meeting with the Complainant, the Director of Title IX Compliance will contact the alleged Respondent to schedule a meeting. At this meeting, the Director of Title IX Compliance will, as applicable: 

a. Discuss with the Respondent, as applicable, any initial interim measures that were implemented as a result of the alleged Sexual Misconduct; 

b. Work with Respondent to ensure that alleged actions of Sexual Misconduct are immediately stopped and prevent future reoccurrence; 

c. Implement safety measures as necessary; 

d. Conduct an initial investigation to retrieve all relevant facts related to the alleged Sexual Misconduct. During this initial meeting, the Director of Title IX Compliance will explain how the investigation will move forward; 

e. Work as a liaison between Respondent and instructor(s) to allow the details of the situation to remain private; 

f. Assist Respondent with accessing our college counseling services. These are confidential sessions with a professional counselor; 

g. Work with faculty to excuse class absences (documentation may be required) and allow extra time to make up assignments and/or exams; 

h. Work with the Registrar to adjust class schedule and delivery method as needed (i.e. change from seated class to online class, drop/ withdraw from a class, move to a different section of a course, request extra time to make up course work, or request an incomplete grade); 

i. Assist Respondent with transportation needs (bus passes); 

j. Assist Respondent with issues related to Financial Aid; 

k. Arrange for escort on campus and provide the on-call officer cell number for the Asheville Campus; and/or 

l. Assist Respondent in connecting with community resources (Pisgah Legal Services, Help Mate, Our Voice, etc.). 

F. Employee Investigations 

  1. Initial Meetings - Complainant 

As soon as is practicable, the Human Resources representative will contact the Complainant to schedule an initial meeting. During these initial meetings the following resources may be discussed as applicable: 

a Conduct an initial investigation to retrieve all relevant facts related to the alleged Sexual Misconduct. During this initial meeting, the Human Resources representative will explain how the investigation will move forward.

b. Work as a liaison between Complainant and supervisor to allow the details of the situation to remain private. 

c. Connect Complainant with resources regarding Protective Orders. 

d. Work with Campus Police to enforce Protective Orders on campus. 

e. Arrange for escorts on campus and provide the on-call officer cell number for the Asheville Campus. 

f. Work with supervisor to adjust work schedules and duties as needed. 

g. Work with Human Resources to excuse absences (documentation may be required). 

h. Assist Complainants with accessing the Employee Assistance Network Counseling Services. These are confidential sessions with a professional counselor. 

i. Assist Complainant in connecting with community resources (Pisgah Legal Services, Help Mate, Our Voice, etc.). 

  1. Initial Meeting - Respondent 

 

As soon as is practicable and after the initial meeting with the Complainant, the Human Resources representative will contact the alleged Respondent to schedule an initial meeting. At this initial meeting the following resources may be discussed as applicable: 

a. Provide the Respondent, in writing, the alleged allegations being brought against him or her. 

b. Conduct an initial investigation to retrieve all relevant facts related to the alleged Sexual Misconduct. During this initial meeting, the Human Resources representative will explain how the investigation will move forward. 

c. Discuss with the Respondent, as appropriate, possible interim measures that can be provided to the Respondent pending the results of the investigative and resolution processes. 

d. Connect Respondent with resources regarding legal recourse. 

e. Work as a liaison between Respondent and supervisor to allow the details of the situation to remain private. 

f. Arrange for escorts on campus and provide the on-call officer cell number for the Asheville Campus. 

g. Work with supervisor to adjust work schedules and duties as needed. 

h. Work with Human Resources to excuse absences (documentation may be required). 

i. Assist Respondent with accessing the Employee Assistance Network Counseling Services. These are confidential sessions with a professional counselor. 

j. Assist Respondent in connecting with community resources (Pisgah Legal Services, Help Mate, Our Voice, etc.). 

VI. Recommendations and Hearing 

A. Students 

After the investigation is complete, the Director of Title IX Compliance will put forward a recommendation of finding and sanction(s) to both the Complainant and Respondent. If the recommendation is accepted by both parties involved, the recommendation and sanction(s) will become effective and both parties forgo the option of a formal hearing. The Director of Title IX Compliance will submit to each party a final outcome letter that will include, but not limited to, the following: 

  1. Determination if the Respondent is responsible or not responsible for violating the Sexual Misconduct Policy. 
  2. Sanction, if appropriate. 
  3. Whether monitoring of academic schedules is needed between the parties to ensure that the individuals involved are not in classes together (the Director of Title IX Compliance will assist in this process). 
  4. Short-term College counseling services available to each party. 

If the recommendations of the Director of Title IX Compliance are not accepted by either the Complainant or the Respondent, the case will move to a formal hearing. The Vice President for Student Services or a designee will preside over the hearing as the Presiding Officer. If either party is an employee, the Executive Director for Human Resources shall preside jointly over the hearing. The process for the hearing is outlined below:

 

  1. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. 
  2. Written notice including the date, time, and location of the hearing will be sent to all parties. 
  3. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone. 
  4. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three College business days prior to the hearing date. In this case, the College Attorney will also be present. 
  5. Both parties have a right to a written notice of the hearing outcome. 

B. Employees 

After the investigation is complete, the Human Resources representative will put forward a recommendation of finding and sanctions to both the Complainant and Respondent. If the recommendation is accepted by both parties involved, the recommendation and sanctions will become effective and both parties forgo the option of a formal hearing. A final outcome letter will be submitted to the Complainant and Respondent that may include, but not limited to, the following: 

  1. Determination if the Respondent is responsible, not responsible, or if the decision is deemed inconclusive, or shared responsibility. 
  2. Sanction, if appropriate. 
  3. Monitoring of academic schedules or workplace schedule if needed. 
  4. Short-term counseling services will be offered to each party. 

 

If the recommendations of the Human Resources representative are not accepted by either the Complainant or the Respondent, the case will move to a formal hearing. The Executive Director for Human Resources or a designee will preside over the hearing as the Presiding Officer. If either party is a student, the Vice President for Student Services shall preside jointly over the hearing. The process for the hearing is outlined below: 

  1. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. 
  2. Written notice including the date, time, and location of the hearing will be sent to all parties. 
  3. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation, each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone. 
  4. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three College business days prior to the hearing date. 
  5. Both parties have a right to a written notice of the hearing outcome. 

 

C. Sanctioning 

The following sanctions may be imposed for those who have violated the Sexual Misconduct Policy: 

Student Sanctions: 

  1. Verbal or Written Warning 
  2. Probation 
  3. Administrative withdrawal from a course without refund 
  4. Required Counseling 
  5. No Contact Directive 
  6. Suspension 
  7. Recommendation for Expulsion with automatic appeal to the President 
  8. Other consequences deemed appropriate 

 

Employee Sanctions: 

  1. Verbal or Written Warning
  2. Performance Improvement Plan 

  3. Required Counseling 
  4. Required Training or Education 
  5. Recommendation of Demotion (Automatic appeal to the President) 
  6. Recommendation to Suspend with or without Pay (Automatic appeal to the President) 
  7. Recommendation for termination with automatic appeal to the President 
  8. Other consequences deemed appropriate to the specific violation 
  9. VII. Appeal Process 

    The Complainant or Respondent has a right to a final appeal to the President: 

    A. Each party has the right to appeal the outcome of the hearing to the College President. 

    B. Upon receipt of the hearing decision, both parties have five (5) College business days to submit a notice requesting an appeal. For students, this notice must be submitted in writing to the Office of the Vice President for Student Services. For employees, this notice must be submitted in writing to the Office of the Executive Director of Human Resources. 

    C. If an appeal is requested, both parties will be notified. 

    D. The President will conduct a document review which does not include a new hearing but shall consist of evidence presented at the hearing along with a recording of the proceeding. 

    E. The President will affirm, modify, or reject the decision and/or sanctioning. The President’s decision will be final and notification of the decision will be sent directly from the President’s office to each party. 

    VIII. Records and Training Requirements 

    A. Records Retention for Students and Employees 

    1. Students - All documentation will be stored in the Vice President for Student Services’ office for a period of seven years at which point the documentation will be moved to an electronic version to be retained permanently. 

    2. Students - In cases where the Respondent is found responsible for violating the Sexual Misconduct Policy, this information will be considered as a disciplinary record with the College. 

    3. Employees – Personnel files are retained for 30 years. If the action taken is informal counseling, this does not become part of the permanent record. 

    4. Civil Rights files must be maintained for a minimum of two years. 

    B. Student/Employee Education – Annual Training 

    1. The College will provide education to students and employees on an annual basis related to Sexual Misconduct, consent, risk reduction, and bystander interventions.