Title IX Response Procedures

After receiving a report, the Title IX Coordinator will contact the person who filed the report to schedule an intake meeting.  At the intake, the Title IX Coordinator will ask you to talk about why you made the report. They will also help you understand the policy, your options, and available resources. If you decide to move forward with a formal or informal resolution process, the next step is called an Initial Assessment, where the Coordinator reviews the information and determines how to proceed.

If you make a report and are the person the report is about, you may bring an advisor (support person) to the intake meeting.

During the initial assessment, the Title IX Coordinator will consider the information that has been shared in the initial report and intake meeting.  Their job is to decide whether the information shared would violate College policy if it were proven true, and if so, which policy or policies would have been violated.  If the information would not violate policy or if the college would not have jurisdiction over what happened, the Title IX Coordinator is required to dismiss a formal complaint.  The complaint must be dismissed if one or more of the following is true: 

• The alleged conduct would not constitute sexual harassment as defined within the Sexual Harassment policy, even if proved.
• The alleged conduct did not occur in Western Iowa Tech’s education program or activity. 
• The alleged conduct did not occur against a person in the United States.
• The Complainant is not participating or attempting to participate in WIT’s education program or activities at the time of filing the complaint. 

Additionally, the Title IX Coordinator may dismiss any formal complaint if one or more of the following is true: 

• At any time during the investigation or hearing a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal Complainant or any allegations therein 
• The Respondent is no longer enrolled or employed by the College 
• Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein 

Upon a dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale to the parties simultaneously. The parties (meaning the Complainant and Respondent) will have an opportunity to appeal this decision by following the appeal procedures located in the College’s Equal Opportunity, Harassment, and Nondiscrimination Procedures document. 

If a dismissal occurs, the Title IX Coordinator may refer or reinstate the allegations for resolution under an alternative campus process, if appropriate.

The parties are each entitled to an Advisor of their choice to accompany them to any and all meetings pertaining to the complaint. An Advisor can be anyone, including but not limited to an attorney, friend, roommate, or parent. Advisors can be extremely helpful in assisting parties with navigating the Title IX resolution process, especially when it comes to the hearing. The College is required to have a live hearing as part of its formal grievance process. At the live hearing, the Advisor is allowed to ask the other party and any witnesses relevant questions and follow-up questions, including those challenging credibility. If a party does not have an Advisor, the College will provide an Advisor, without fee or charge, from a pool of trained Advisors. College-appointed Advisors are not attorneys.  

Victim Advocates 

Complainants may want to choose an advocate as their Advisor, or to have access to an advocate for support. Advocates are typically trained to provide crisis response services and connection to law enforcement, legal, health, and other emergency services. Advocates are often involved in assisting with the provision of supportive measures for Complainants such as academic adjustments, employment adjustments, housing relocation, and coordination of medical or mental health services. 

Campus and regional resources can be found here: Title IX Resources.

National Organizations Supporting Crime Victims 

• National Center for Injury Prevention and Control 
• National Organization for Victim Assistance (NOVA) 
• National Coalition of Anti-Violence Programs (NCAVP)

Trained campus Investigators will conduct an investigation that is prompt, thorough, reliable, equitable, fair, and impartial. They will interview the parties and witnesses and prepare a report. Your Advisor can accompany you to all interviews. Interviews will be recorded for an audio record and a transcript will be made. As part of the investigation, parties and their Advisors will be provided access to all relevant and directly related evidence collected and will be given an opportunity to review and comment upon it.  The investigator will make a good faith effort to meet with each relevant witness. The investigation can take up to 60 days, and could be longer if there are a large number of interviews or delays.

The College resolution process provides for a neutral and independent Decision-maker panel of three trained individuals. The Decision-makers will have the opportunity to question Investigators, parties, and witnesses during a hearing. Hearings are held in person, though any party may request to participate through videoconference. The Title IX Coordinator may decide that the entire hearing should take place through videoconference. The parties may make opening and closing statements. During the hearing, parties’ Advisors will have the opportunity to question the other party and witnesses.  

Standard of Evidence: The College uses a preponderance of evidence standard of evidence. This means that Decision-makers consider whether, given the available relevant, credible evidence, it is more likely than not that a violation of policy occurred. 

Past History: Questions and evidence about the Complainant’s sexual predisposition cannot be asked. Questions about a Complainant’s prior sexual behavior cannot be asked unless: 

• Such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, OR 
• The questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. 

The parties will be informed of the outcome of the hearing in writing at the same time via email. This notice will include the final determination, any sanctions imposed, a rationale for the final determination and any sanctions, the institution’s procedures for the parties to appeal, any change to the results that occurs prior to the time that such results become final, and when the College considers those results to be final.

All parties involved in sexual harassment proceedings may appeal a decision within five (5) days to the Title IX Coordinator. All parties are included in any appeal reconsideration and have equal rights of participation. All appeals are conducted by written exchange of materials. There is only one level of appeal. That decision is final.

Appeals are limited to the following grounds:

1. Procedural irregularity that affected the outcome of the matter;
2. 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; and
3. The Title IX Coordinator, Investigator(s), or Decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

When Suspension or Expulsion are assigned as a sanction, these additional grounds for appeal are permitted: 

• Clearly erroneous determination (weight of the evidence): The determination of responsibility is clearly erroneous because it is substantially contrary to the weight of the evidence in the record.
• Disproportionate/Inconsistent sanction: The sanction imposed is clearly disproportionate to the violation and substantially inconsistent with the College’s published sanctioning guidelines, considering the Respondent’s cumulative conduct/disciplinary history and the totality of circumstances.

Western Iowa Tech is committed to resolving complaints within a reasonably prompt timeframe. The formal grievance process can take 60 – 90 days, or longer. The College’s process allows for the temporary delay of the grievance process or limited extensions of time frames for good cause with written notice to the Complainant and the Respondent. This notification will include specifics of the delay or extension with a detailed reason for the action. Contact the Title IX Coordinator if you need a delay in the process, or an extension for an aspect of the process.

To initiate an informal resolution process, a Complainant must submit a formal complaint first. After submission of the formal complaint, the Title IX Coordinator will provide additional information if an informal resolution is an option. Parties who wish to initiate an informal resolution process should contact the Title IX Coordinator. 

All parties must agree, in writing, to initiate an informal resolution process. The parties may agree as a condition of engaging in informal resolution that statements made or evidence shared during the informal resolution process will not be considered in the formal grievance process unless all parties consent. 

It is not necessary to pursue informal resolution first to pursue a formal grievance process, and any party participating in informal resolution can stop the process at any time and begin or resume the formal grievance process.

The Title IX Coordinator, or trained designee, will attempt to aid the parties in finding a mutually acceptable resolution to the complaint. This resolution will be reduced to writing and must be signed by the Complainant and the Respondent. Once both parties have voluntarily signed the written resolution, the written resolution becomes final and neither party can initiate the formal complaint resolution process above to resolve the allegations in the formal complaint. The written resolution is not subject to appeal.