Palm Beach State College Board Procedure

Title: Title IX Sexual Harassment Grievance Process

Policy Number: 6Hx-18-5.86P-2

Legal Authority: 1001.64 FS; Chapter 760 of the Florida Civil Rights Act; Title IX of the Education Amendments of 1972; Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. §§ 12131; The Americans with Disabilities Act of 2008 (ADAA), Genetic Information Non-Discrimination Act of 2008; Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092; Violence Against Women Reauthorization Act of 201, 34 U.S.C. § 12291

Based on Policy: 6Hx-18-5.86 Harassment, Sexual Harassment, Discrimination, Retaliation Policy and Complaint Procedure

Effective Date: Adopted 8/13/2020; Amended 8/1/2024

 

Purpose

Palm Beach State College is committed to an academic and working environment free from harassment, sexual harassment, discrimination, and retaliation. Harassment, sexual harassment, discrimination, or retaliation threatens the legitimate expectation of all members of the College community that the campus environment will be conducive to work or study. Preventing harassment, sexual harassment, discrimination, and retaliation is the responsibility of the entire College. It is contrary to the College policy for any individual to engage in retaliatory action against a person who files a harassment, sexual harassment, and/or discrimination complaint. Accordingly, Palm Beach State College encourages all employees and students who believe they are being subjected to harassment, sexual harassment, discrimination, or retaliation to follow the outlined complaint procedures. The College will take prompt disciplinary action against individuals, including third parties, at any locations who engage in actions that violate this policy.

Sexual harassment complaints, as defined below can be submitted in any format convenient for the reporting party. Formal complaints are governed by the procedure outlined below.

Pregnant and parenting students and employees have rights under Title IX as well. If pregnancy and/or childbirth are impacting a student’s ability to be successful in class(es), the college will provide assistance. This support could include but is not limited to providing excused absences, making up work, working from home, or providing a different desk.  PBSC does not require supporting documentation for pregnancy or related conditions unless  it is necessary and reasonable to determine the appropriate modifications or specific actions. For assistance please contact the Title IX Coordinator for assistance at 561-868-3277, or via email at SpeakUp@pbsc.edu. Employees who are pregnant will be provided leave in accordance with District Board of Trustees Policy, 6Hx-18-5.131, Family Medical Leave Act.

Sexual harassment complaints, as defined below can be submitted in any format convenient for the reporting party. Formal complaints are governed by the procedure outlined below.


Definitions

1. Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by PBSC.

2. Consent means a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate Consent. The definition of Consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

3. Complainant means:

  1. a student or employee who is alleged to have been subjected to conduct that could constitute Sexual Harassment as defined in this Grievance Procedure and who was participating or attempting to participate in PBSC’s Education Program or Activity; or
  2. a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Sexual Harassment under this Grievance Procedure and who was participating or attempting to participate in PBSC’s Education Program or Activity at the time of the alleged Sexual Harassment.

4. Complaint means an oral or written request to PBSC objectively can be understood as a request for PBSC to investigate and make a determination about alleged Sexual Harassment at the institution.

5. Confidential Employee means:

  1. an employee of PBSC whose communications are privileged under Federal or State law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;
  2. an employee of PBSC whom the institution has designated as confidential for the purpose of providing services to persons related to Sexual Harassment. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about Sexual Harassment in connection with providing those services; or
  3. an employee of PBSC who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about Sexual Harassment. The employee’s confidential status is only with respect to information received while conducting the study.

6. Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this Grievance Procedure that the Respondent violated PBSC’s prohibition Sexual Harassment.

7. Education Program or Activity means any academic, extracurricular, research, occupational training or other Education Program or Activity operated by PBSC receives Federal financial assistance.

8. Parental Status is the status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is:

  • A biological parent;
  • An adoptive parent;
  • A foster parent;
  • A stepparent;
  • A legal custodian or guardian;
  • In loco parentis with respect to such a person; or
  • Actively seeking legal custody, guardianship, visitation, or adoption of such a person.

9. Party means Complainant or Respondent.

10. Peer Retaliation means Retaliation by a Student against another Student.

11. Pregnancy or Related Conditions includes:

  • Pregnancy, childbirth, termination of pregnancy, or lactation;
  • Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
  • Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

12. Relevant means related to the allegations of Sexual Harassment under investigation as part of this Grievance Procedure. Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sexual Harassment occurred, and evidence is Relevant when it may aid a decision maker in determining whether the alleged Sexual Harassment occurred.

13. Remedies means measures provided, as appropriate, to a Complainant or any other person PBSC identifies as having had their equal access to PBSC’s Education Program or Activity limited or denied by Sexual Harassment. These measures are provided to restore or preserve that person’s access to PBSC’s Education Program or Activity after PBSC determines that Sexual Harassment occurred.

14. Respondent means a person who is alleged to have violated PBSC’s prohibition on Sexual Harassment.

15. Retaliation means intimidation, threats, coercion, or discrimination by any person, by PBSC, a Student, or an employee or other person authorized by PBSC to provide aid, benefit, or service under PBSC’s Education Program or Activity, for the purpose of interfering with any right or privileged secured by Title IX, or because the person has reported information, made a Complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Grievance Procedure, including an informal resolution process.

16. Sexual Harassment under Title IX is defined as:

  • Quid pro quo harassment. An employee, agent or other person authorized by PBSC’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
  • Hostile Environment harassment. Unwelcome sexual conduct that, based on the totality of the circumstances, is objectively offensive and is so severe and pervasive that it limits or denies a person’s ability to participate in or benefit from PBSC’s Education Program or Activity (i.e., creates a Hostile Environment). Whether a Hostile Environment has been created is a fact-specific inquiry that includes consideration of the following:
    1. the degree to which the conduct affected the Complainant’s ability to access PBSC’s Education Program or Activity;
    2. the type, frequency, and duration of the conduct;
    3. the Parties’ ages, roles within PBSC’s Education Program or Activity, previous interactions and other factors about each Party that may be Relevant to evaluating the effects of the conduct;
    4. the location of the conduct and the context in which the conduct occurred; and
    5. other Sexual Harassment in PBSC’s Education Program or Activity;
  • Sexual Assault (as defined in the Clery Act, 20 U.S.C. 1092(f)) means any sexual act directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving consent;
  • Dating Violence (as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means 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: The length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
  • Domestic Violence means any felony or misdemeanor crimes committed by a person who:
    1. is a current or former partner of the victim under the family or Domestic Violence laws of Florida, or a person similarly situated to a spouse of the victim;
    2. is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
    3. shared a child in common with the victim; or
    4. commits acts against a youth or adult victim who is protected from those acts under the family or Domestic Violence laws of Florida; or        
  • Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
    1. fear for the person’s safety or the safety of others; or
    2. suffer substantial emotional distress.

17. Student means a person who has gained Admission.

18. Supportive Measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

  • restore or preserve that Party’s access to PBSC’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or PBSC’s educational environment; or
  • provide support during PBSC’s Grievance Procedure for Sexual Harassment or during the informal resolution process.


Resource and Contact Information

Students or employees that experience sexual harassment may contact any of the following departments to file a report.

Title IX for Students
Miriame Succes, Title IX Coordinator
SpeakUp@pbsc.edu or 561-868-3277


Title IX for Employees
Juanita Benjamin, Director of Human Resources and Compliance
benjamij@pbsc.edu or 561-868-3111


Campus Assistant Dean of Students Services Office

 

Any Campus Security Office:  561-868-3600


Reporting and Complaint Procedures

Complaints may be submitted 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.

Students may file a report using our online Title IX Complaint Form.

Employees may file a report using our online Harassment, Sexual Harassment, Discrimination, and Retaliation Complaint Form.

Response to an initial report will include documenting the concern, providing access to college and community resources, and other supportive measures as appropriate. Supportive measures may include an on-campus security escort, mutual no contact order, class relocation or time change, extended deadlines for course work, counseling services, access to community agencies for off campus service. This list is not exhaustive as each situation may require a unique accommodation. Amnesty for Alcohol and/or Drug Use: While the use of drugs or alcohol may violate the College’s Code of Conduct policy, this conduct charge will not be considered when investigating a Title IX complaint.

An informal report may be escalated to a formal complaint at any time. Once a formal complaint requesting a formal resolution is filed with or signed by the Title IX Coordinator an investigation will be conducted per the following formal procedure.

Confidential Reports 
The following officials at PBSC will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited by Title IX:

  • Title IX Coordinator or designee(s);
  • Officials with Authority to institute corrective measures under Title IX;
  • All other employees at PBSC that are not designated as confidential resources 

The following officials at PBSC may provide confidentiality:

  • Mental Health Counselors
  • Ombudsperson

Once a formal complaint requesting a formal resolution is filed with or signed by the Title IX Coordinator an investigation will be conducted per the following formal procedure.


Supportive and Interim Measures

Providing Supportive Measures
Complainants who report allegations of sexual harassment have the right to receive supportive measures from PBSC regardless of whether they file a Complaint. Supportive measures are non-disciplinary and non-punitive. Supportive measures may vary depending upon what is reasonably available at PBSC.

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

  • Counseling services;
  • Extensions of deadlines or other course-related adjustments;
  • Modifications of work or class schedules;
  • Campus escort services, as available;
  • Restrictions on contact applied to one or more Parties (no contact orders)
  • changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
  • Leaves of absence;
  • Increased security and monitoring of certain areas of the campus; or
  • Training and education programs related to sexual harassment.

Supportive measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties or PBSC’s educational environment, or to provide support during PBSC’s sexual harassment grievance procedure under this policy, or during informal resolution under these procedures.

PBSC may modify or terminate supportive measures at the conclusion of the grievance procedure or at the conclusion of the informal resolution process or may continue them beyond that point within PBSC’s discretion.

PBSC will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one Party of supportive measures provided to another Party, unless necessary to provide the supportive measure or restore or preserve a Party’s access to PBSC’s Education Program or Activity, or there is an exception that applies, such as:

  • PBSC has obtained prior written consent from a person with the legal right to consent to the disclosure;
  • When the information is disclosed to an appropriate third Party with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
  • To carry out the purpose of the policy when it is necessary to address conduct that reasonably may constitute sexual harassment under Title IX in PBSC’s Education Program or Activity;
  • As required by Federal law, federal regulations, or the terms and conditions of a federal award; or
  • To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part 99).


Formal Complaint Procedure

Students requiring ADA accommodation must contact the Center for Accessibility Services to coordinate support throughout the conduct process. Employees requiring ADA accommodation must contact Juanita Benjamin at the information listed above.

This complaint process is intended to provide a fair, prompt and objective determination about whether a Title IX violation has occurred. The reporting party and the responding party will be equitably treated with dignity, courtesy, sensitivity and understanding and will not be prejudged or blamed for what occurred. The College will take all reasonable steps to prevent unnecessary or unwanted contact or proximity between both parties. Supportive measures will be made available as appropriate to both parties.


Dismissal of Formal Complaints 

PBSC may dismiss a complaint of sex discrimination made through its grievance procedures for any of the following reasons:

  1. The recipient is unable to identify the respondent after taking reasonable steps to do so;
  2. The respondent is not participating in PBSC's education program or activity and is not employed by PBSC.
  3. The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint on PBSC’s behalf, and PBSC determines that, without the withdrawn allegations, the remaining conduct, if any, would not constitute sex discrimination under Title IX;
  4. PBSC determines that the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX.

Prior to dismissing the complaint under this paragraph, PBSC will make reasonable efforts to clarify the allegations with the complainant.

A student who makes a report made in bad faith may be subject to student conduct charges provided that a determination regarding responsibility, alone, is not the basis for concluding any party made a false statement. An employee who makes a report in bad faith may be subject to disciplinary action, up to and including termination of employment.

Formal complaints as to allegations of 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 sexual harassment arise out of the same facts or circumstances, may be consolidated into one case.

Retaliation against anyone involved in a complaint will not be tolerated.

  1. In the case of a student, retaliation may result in a conduct charge being filed against the person retaliating.
  2. In the case of an employee, retaliation may result in disciplinary action, up to and including termination of employment.


Notification of Formal Complaint

A conduct summons is issued to the responding party in person, by email and/or certified letter to the mailing address listed on the student record of the responding party. This notification will be sent with sufficient time in advance of the first meeting to prepare a response. This notification will include:

  1. Names of the parties involved, if known.
  2. Date, time and location of the alleged incident, if known.
  3. Name of the investigator and the date, time and location of the first interview.
  4. Statement that respondent is presumed not responsible, noting that any determination of responsibility will be made at the conclusion of the process.
  5. Right to have a hearing advisor of their choice, with a request for the contact information prior to the first interview, and a description of what the hearing advisor’s role is.
  6. Statement referencing Student Code of Conduct item 20 regarding making false statements.
  7. If any new allegations arise from the investigation, parties will be notified.
  8. Statement regarding any basis for dismissal and referral for other remedies.
  9. No notation will be made on the responding parties’ transcript.
  10. Copy of the governing policy 6Hx-18-5.86.

In the case of a student failure to attend the initial appointment with the investigator may result in a temporary suspension for non-compliance, prohibiting the responding party from attending classes or participate or attend any College activity until the interview has occurred. A hold may be placed on a responding party’s record preventing them from registering for classes, receiving grades or receiving transcripts.

In the case of an employee, it is expected that employees would cooperate in the investigation process and refusal to do so may result in disciplinary action, up to and including termination of employment.


Investigations

An investigation will be conducted by the Assistant Dean of Student Services at the campus the responding party attends. Investigations involving an employee as the responding party will be conducted by a representative from Human Resources.

The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties.

This investigation will include, but is not limited to, an initial interview with each person involved (this interview may be digitally recorded); visual inspection, copying, photographing or otherwise preserving text, emails, social media post, voice messages and any other type of documentation or media relevant to the investigation. If medical/psychological documentation is provided by the parties, it will only be used with the providing parties’ permission.

PBSC will not access, consider, disclose, or otherwise use a party’s medical or psychological records made or maintained by a physician, psychologist, or other recognized professional unless PBSC obtains that party’s voluntary, written consent.

Any persons thought to have information relevant to the complaint shall be interviewed, and such interview shall be appropriately documented, including by digital recording. It is expected that interviewees would cooperate in providing all requested information.

Employees are expected to cooperate with investigations related to their employment, including Title IX investigations. However, any employee who refuses to participate in a Title IX investigation, proceeding, or hearing due to concerns protected under Title IX (such as concerns of retaliation) will be safeguarded under the protections against retaliation provided by Title IX. Retaliation against an individual for participating or refusing to participate in a Title IX investigation is strictly prohibited. In cases where refusal is not related to Title IX protections, disciplinary actions may be taken, up to and including termination of employment

As a condition of enrollment, students at the College are required to cooperate with any investigation related to a possible violation of the Student Code of Conduct.

Either party may provide witnesses for interview or other documentation that may support their statement.

Students are permitted to discuss the case with others, in an effort to gather evidence to provide the investigator. This does not include interaction between the reporting party and the responding party. The investigator assigned to the case will make those inquiries on the party’s behalf.

Parties’ hearing advisors may review any documentation being discussed with that party and may also be present at all meetings related to the investigation.

Prior to the completion of the investigative report, copies of any evidence obtained as part of the investigation that is directly related to the allegation raised in the formal complaint will be provided to each party and their hearing advisor for review and comment. The parties will have 10 business days to submit a written response. The investigator will consider any relevant comments prior to completion of the investigative report.

The College must send an investigative report that fairly summarizes relevant evidence to each party and the party’s hearing advisor at least 10 business days prior to a hearing for the party’s review and written response.

Relevant Evidence

  • Evidence is Relevant when it is related to the allegations of Sexual Harassment under investigation as part of this Grievance Procedure.
  • Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sexual Harassment occurred, and evidence is Relevant when it may aid a decision maker in determining whether the alleged Sexual Harassment occurred.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are excluded as impermissible (i.e., must not be accessed or considered, except by PBSC to determine whether an exception applies, must not be disclosed, and must not otherwise be used) regardless of whether they are Relevant:

  • Evidence that is protected under a privileged as recognized by Federal or State law or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  • A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless PBSC obtains that Party’s or witness’s voluntary, written Consent for use in PBSC’s Grievance Procedure; and
  • Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove Consent to the alleged Sexual Harassment. Note: the fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s Consent to the alleged Sexual Harassment or preclude determination that Sexual Harassment occurred.

The investigator will provide written notice of any interview or meeting necessary to each party and their hearing advisor, five business days in advance, to allow the parties sufficient time to prepare.

The relevant evidence summarized in the report will include both inculpatory and exculpatory evidence.

If the investigation shows that the evidence does not support a Title IX violation, both parties will be notified of the dismissal of the Title IX complaint and why.

In the case of a student, the parties will be notified that the investigative report will be turned over to the Dean of Student Services for review regarding possible Code of Conduct Violations not related to Title IX., which will be investigated and could result in sanctions.

In the case of employees, the parties will be notified that that the investigative report will be turned over to the Chief Human Resources Officer for review regarding possible District Board of Trustees Policy violations not related to Title IX.

The College may also dismiss a complaint when:

  • A written request to stop the formal grievance process is submitted by the reporting party.
  • The responding party is no longer enrolled or employed at Palm Beach State College.
  • Specific circumstances prevent the gathering of sufficient evidence to reach a determination.


Formal Title IX Hearing

Parties will be notified; via email, 10 business days prior; of the date, time and location of the hearing. This notification will include the final investigative report and supporting documentation. Certified mail will also be sent to both parties. Redactions may be included as necessitated by applicable law including FERPA in the case of a student.

Hearings may be conducted virtually if necessary, or if in person, either party can request to be in a separate room with remote audiovisual connections to facilitate cross-examination.

The conduct hearing is a non-adversarial proceeding and is intended to be fact-finding.

Both parties must have a hearing advisor present to conduct cross examination, but the hearing advisor may not otherwise participate in the proceedings.

All hearings are only open to those involved as determined by the dean or designee and or the chairperson.

Both parties have the right to hear from the opposing party and witnesses to direct questions to the opposing party and witnesses through the committee chair.

Live testimony may be provided in person or via electronic means if approved by the dean or designee.

The College will make a recording and will notify all parties at the beginning of the hearing. The recording will be available within 72 hours following the hearing.

Failure to appear shall not be regarded as admission of responsibility.

Pending a conduct hearing, the responding party will be permitted to attend class and otherwise participate in College activities, except in the case of a temporary suspension or restrictions based on the supportive measures provided to the complainant.

Resolution of any situation not outlined in this process will be at the discretion of the dean of student services or College designee, depending on whether it is a student or employee complaint.

The investigative report and all evidence will be provided to both participants for reference during the hearing.


Title IX Hearing Committee

The Student Conduct Coordinator or college designee shall initiate the formation of a Title IX Hearing Committee depending on whether it is a student or employee complaint. The committee shall be composed of five persons including two students and three faculty/instructor/staff for cases involving students. Cases involving employees will be comprised of a committee of 5 faculty/instructor/staff. Where possible, alternates will be identified. Faculty/instructors, staff and students who are directly involved in the case, have an affiliation with any of the parties, or have any other bias or conflict of interest may not serve on the committee. The dean or designee shall select one of the committee members to serve as chairperson. All members serving on the hearing committee will be required to sign a confidentiality agreement.

The conduct hearing committee will determine if a Title IX violation has occurred based on the preponderance of the evidence presented by casting a vote.

Chairperson's Duties:

  1. Calls the hearing to order and introduces all parties present.
  2. Explains the manner in which the hearing will be conducted.
  3. Reads the charges being considered.
  4. Maintains proper decorum and order, dismissing any person who impedes or threatens to impede a fair and orderly hearing.
  5. Ensures the committee adheres to standards of confidentiality as provided for in state and federal law (i.e., Family Educational Rights and Privacy Act).
  6. Ensures both parties have the opportunity to provide testimony and witnesses and relevant evidence.
  7. Facilitates cross-examination for both parties’ hearing advisors.
  8. Ensures all available relevant evidence is presented, that questions during cross- examination are relevant and that the decision is based solely upon the evidence and any testimony given at the hearing.
  9. The committee chairperson is a neutral party and shall facilitate the hearing process, only voting in the case of a tie.
  10. The chairperson may call a recess at their discretion or at the request of either party.


During the Hearing

  • Opening remarks will be given by the chairperson detailing the procedure and rules of the hearing. The chairperson will also read the notice of violation.
  • Each party will be asked to present their perspective including any witnesses, reports or documentation.
  • Each party’s hearing advisor will conduct cross-examination of the other party through the hearing committee chairperson.
  • Any witnesses can be recalled, if available, by either party or the committee chairperson.
  • A summary statement will be given by each party before the conclusion of the hearing.
  • At the conclusion of the hearing, the participants will be excused, and in closed session, a decision will be rendered by a majority vote of the committee.


Committee Deliberation

The process for determining the outcome of the hearing involves a review of the documentation, consideration of testimony, and a vote. The committee will decide the matter based on the preponderance of the evidence presented to determine whether a Title IX violation has occurred. The preponderance of the evidence is when it is more likely than not that the violation occurred.

  • Only evidence presented at the hearing itself may be taken into account in reaching a decision.
  • The committee may consider the prior conduct history of the responding party in determining sanctions. The Dean of Students Services, in the case of a student and the Chief Human Resources Officer, in the case of an employee, will determine if the parties prior conduct history is relevant and provide the information to the hearing committee chair once a determination has been made.
  • Findings and sanctions will be delivered by the committee chairperson to the dean or designee, who will notify both parties simultaneously via College email, if applicable, within two business days and in writing to the address on record within five business days.

This determination will include:

  • the allegations constituting sexual harassment,
  • a timeline of the steps taken from receipt of the formal complaint through the determination,
  • findings of fact that support the determination
  • conclusions regarding the application of the College’s code of conduct or District Board of Trustees Policy to the facts
  • a statement of, and rationale for, the result as to each allegation including a determination regarding responsibility, any sanctions imposed on the responding party, and whether remedies provided for the reporting party. (See list of possible sanctions in the Student Conduct section above.)
  • procedures for either party on how to appeal the determination.
  • In the case of students, the dean’s office will maintain findings, including any supportive measures, sanction(s) to be imposed and supporting documentation for seven years.
  • No transcript notation will be made to a student respondent’s transcript if responsibility is determined.
  • In the case of employees, the Office of Human Resources will maintain findings, including any supportive measures, disciplinary action imposed and supporting documentation for seven years.


Disciplinary Sanctions

Following a determination that sexual harassment occurred, PBSC may impose disciplinary sanctions, which may range from disciplinary probation to dismissal.


Appeal of the Outcome of a Hearing

If the respondent is a student and either party disagrees with the determination, an appeal may be made to the Vice President of Student Services and Enrollment Management or designee within 10 business days of receipt of the results of the hearing. If the respondent is an employee and either party disagrees with the determination, an appeal may be made to the College President within 15 business days of the receipt of the results. Grounds for appeals are as follows:

  1. a procedural error occurred that significantly impacted the outcome of the hearing or sanction;
  2. consideration of new evidence, unavailable during the original investigation that could substantially impact the finding or sanction (a summary of this new evidence and its potential impact must be included)
  3. the sanction imposed is substantially disproportionate to the severity of the violation, and
  4. either the party believes there was an abuse of discretion, conflict of interest or bias on the part of either the Title IX Coordinator, investigator or hearing committee member(s).

Once an appeal is filed the other party will be notified immediately, so that party may also supply a statement to the Vice President.

The Vice President of Student Services and Enrollment Management or designee, for complaints against students, or the College President, for complaints against employees, shall issue a written decision within 30 business days of receiving the request to both parties. This decision may include an affirmation of the findings and sanctions, or reduced or increased sanctions, or offering a different finding and or sanction. The decision will also include the rationale for the decision.

Vice President of Student Services and Enrollment Management or designee, for complaints against students, or the College President, for complaints against employees, has discretion in determining whether a sufficient reason was stated for an appeal and may dismiss the appeal if it is found to be insufficient.

The decision of the Vice President of Student Services and Enrollment Management or the College President is final.

Upon completion of the investigation a written report will be prepared and provided to both parties. The report shall include a summary of the complaint and a summary of the evidence. Parties can offer additional information or challenge the report, resulting in conversation with the investigator to determine the relevancy of any new information. A copy of this report will be provided to both parties for review and commentary before the report is sent to the Title IX coordinator and the campus dean of student services or designee, in the case of a student, or the Chief Human Resources Officer in the case of an employee, as appropriate by the investigator. During the investigation either party may request to review documents in the investigation file.

The decision-maker(s) for the appeal will not be the same as the decision-maker(s) that reached in the initial determination regarding responsibility or dismissal which shall include the investigator, or the Title IX Coordinator.

Should the respondent retaliate or issue threats as a result of the complaint, the following process may be followed.


Temporary Suspension

In the case of a Title IX Violation related to students, the responding party may be temporarily suspended if the Panther Care Team determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. The Campus Dean of Student Services is notified to facilitate the temporary suspension.

In the case of a Title IX violation related to an employee, the responding party may be temporarily suspended if an immediate threat to the physical health or safety of any employee or other individual arising from the allegations of sexual harassment justifies removal. The Chief Human Resources Officer is notified to facilitate the temporary suspension.

Prior to a temporary suspension, notice of the infractions must be given to the student or employee verbally, in person or telephonically. A hold is placed on the student’s record until such time as the charges are resolved.

The respondent will be notified, via email, as to the date, time and location of the conduct review session. A video conference will be conducted if the respondent is unable to be present or at the discretion of the Dean of Students or their designee in the case of a student, or the Chief Human Resources Officer in the case of an employee for campus safety concerns. The respondent will be notified of the pending conduct charges and the reason for the temporary suspension; the respondent will also have an opportunity to discuss the information presented, ask questions and provide information regarding the incident. If the respondent is not satisfied, they may submit an appeal via email to the Vice President for Student Services and Enrollment Management or the College President, who will respond within 3 business days.

If the appeal is denied, the College will continue with the conduct process to resolve the matter.

If the appeal is upheld, the temporary suspension will be lifted, and the respondent may return to campus. The Dean or designee in the case of a student or the Chief Human Resources Officer in the case of an employee, may elect to place other restrictions until the conduct process is complete.