Title IX FAQs
- Can an attorney be my Advisor?
Yes. You have the right to an Advisor of your choice, which can include an attorney. - Will my parents/guardians find out about this incident?
It depends. If you are a minor, members of the Title IX team have certain mandatory reporting obligations, which may include notifying your parents/guardians of the incident.
If you are not a minor, this incident is a part of your education record, which is protected under the Family Educational Rights and Privacy Act (FERPA). This means that your education record cannot be shared with anyone with whom you have not given Western Iowa Tech permission to share. - Do I have to resolve this through a formal grievance process?
No. You have options. If you are a Complainant and wish to resolve informally, you must first make a formal complaint. Upon receipt of this formal complaint, the Title IX Coordinator will provide you with additional information. Any party who wishes to resolve the matter informally should contact the Title IX Coordinator. All parties must agree, in writing, to informally resolve for this to be an option. - Is there a time limit on when I can report?
There is no statute of limitations on when a complaint can be filed however there are certain jurisdictional requirements that must be met to pursue a formal grievance process under Title IX. - Will I get in more trouble if I was drinking underage during the incident?
The College maintains a policy of offering parties and witnesses amnesty from minor policy violations such as underage consumption of alcohol or the use of illicit drugs related to the incident. - What happens if the Respondent fails to comply with the sanctions?
Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-maker(s). Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination. - What happens if the Respondent transfers, leaves, or resigns prior to the conclusion of the formal resolution process?
If a Respondent permanently withdraws or resigns, the resolution process ends with a dismissal, as the College no longer has disciplinary jurisdiction over the withdrawn student or former employee. However, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination, and/or retaliation. - What if law enforcement is involved?
Western Iowa Tech’s action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced. The College may undertake a short delay in its investigation if circumstances require. Communication will be sent to the parties explaining the reason(s) for the delay and the anticipated duration of the delay. - Do I have to be cross-examined during the hearing?
No, you have the right to refuse cross-examination. Your previous statements will be considered from evidence and your refusal will not affect the Decision Maker’s view of the honesty or accuracy of your information. Your willingness to answer questions during the hearing can be helpful though and you may be able to clarify points that are not clear.
