The health, safety and well-being of our students, faculty and staff are Coconino Community College’s primary concern. If you or someone you know is a survivor of sexual assault, dating or domestic violence, or stalking, the following resources are available at CCC to assist in both immediate and long-term care and recovery.
Frequently Asked Questions
Title IX of the Education Amendments Act of 1972 is the federal anti-discrimination law that states “No person in the U.S. shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
This site is a resource for students, employees, and third parties to learn more about the CCC Title IX Sexual Harassment/Discrimination Policy and the protections under the 2020 Title IX regulatory changes. If you have experienced or witnessed an act of sexual harassment, discrimination, or dating/partner violence, you are encouraged to report the incident to the CCC Title IX Coordinator.
If you are in an emergency situation, make sure you are in a safe place and call 911. For non-emergencies, contact the CCC Title IX Coordinator, Human Resources, Campus Safety, or local law enforcement.
Sexual Harassment and Discrimination Policy
The policy of Coconino Community College (CCC) is to provide an educational, employment, and business environment free of sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting Sexual Harassment as prohibited by state and federal law. Discrimination under this Policy is an unequal treatment of a student based on the student’s actual or perceived gender, sexual orientation, or pregnancy. This Policy prohibits Sexual Harassment and Discrimination in any college education program or activity, which means all academic, educational, extracurricular, athletic and other programs.
The 2020 Title IX Regulations define sexual harassment broadly to include any of three types of misconduct that—on the basis of sex—jeopardize the equal access to education and the educational programs/activities that Title IX is designed to protect. These three types of misconduct are:
- Any instance of quid pro quo harassment by a school's employee;
- any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access;
- any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA). For definitions of sexual assault, dating/domestic violence, and stalking, please see the Title IX Sexual Harassment Policy.
1. What does an Advisor do?
An Advisor accompanies a party in a Title IX case to meetings related to the resolution process, advises the party on that process, and conducts cross-examination for the party at the hearing, if one is held.
2. Do both the Complainant and the Respondent in a Title IX case get an Advisor?
Yes, both parties have the right to an Advisor of their choosing. Each party may select whomever they wish to serve as their Advisor, as long as the Advisor is eligible and has no institutionally conflicting roles (such as being a Title IX Coordinator, a supervisor who would implement sanctions in the event of a finding of responsibility, or a witness in the process).
3. Who can serve as an Advisor?
The Advisor may be a friend, family member, attorney, neighbor, or other individual. Coconino Community College (CCC) has a list of trained Advisors who stand ready to serve if selected by a party. Trained Advisors are familiar with the CCC resolution process as well as how to best serve in their Advisor role. If a party chooses an Advisor from outside the pool of trained CCC Advisors, they would not have been trained and may not be familiar with CCC’s policies and procedures. Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, but at the hearing stage, the party without an Advisor would be appointed an Advisor to conduct the cross-examination during the hearing. The party can reject the appointed Advisor in favor of selecting their own Advisor, but the party cannot proceed in the hearing without an Advisor present. This is the case because the parties are not permitted to directly cross-examine each other or any witness.
4. What is an Advisor’s role in the investigative process?
The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present. Advisors should help the parties prepare for the meetings and interviews. Advisors are expected to Advise ethically and with integrity (i.e., not permitting a party to lie or to present false evidence).
CCC cannot guarantee equal Advisory experiences, meaning that if one party hires an attorney to serve as their Advisor and the other party does not hire an attorney, CCC is not obligated to provide an attorney Advisor for the other party. Also, if one party selects an Advisor from CCC’s list of Advisors and the other party selects a family member as an Advisor, the CCC Advisor would have received training in order to serve in this capacity while the family member Advisor would not have received such training. CCC is not obligated to train the family member Advisor.
All Advisors are subject to the same CCC policies and procedures, whether they are attorneys or not. Advisors are expected to advise without disrupting proceedings. Advisors should not address CCC officials in a meeting or interview unless they are permitted to do so by the investigators—for instance to ask procedural questions. Advisors are not permitted to make presentations or opening/closing statements during any meeting or proceeding (including during a hearing). Advisors are also prohibited from speaking on behalf of the advisee to the Investigator(s) or the Decision-maker (at a hearing), except during the cross-examination at the hearing.
Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
5. What happens if an Advisor breaks the rules outlined in Question #4?
Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended and the Title IX Coordinator will determine how to address the Advisor’s non-compliance moving forward. The Title IX Coordinator may prohibit the Attorney from continuing to act in that capacity in future meetings/proceedings. The party will be allowed to select a new Advisor.
6. Is my Advisor allowed access to information collected as evidence during the Title IX case?
CCC expects that the parties may wish to have documentation and evidence related to the allegations of Title IX sexual harassment with their Advisors. Parties may share this information directly with their Advisor or other individuals, if they wish. If the party wants CCC to share documentation and evidence with Advisors, CCC will provide the party with a FERPA authorization to disclose consent form to sign. The authorization will remain in the Title IX file.
If a party requests that all communication be made through their Attorney Advisor, CCC will not comply with that request.
7. Can an Advisor schedule a meeting with the Title IX Coordinator?
It is permitted for an Advisor to request to meet with the Title IX Coordinator in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and CCC’s policies and procedures.
8. Can a party change Advisors during the Title IX resolution process?
Yes. If a party changes Advisors, the party is expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time during the proceedings. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured. Parties are expected to inform the Title IX Coordinator of the identity of the new Advisor at least two (2) days before a meeting where the party and their Advisor is to be present. If a party changes Advisors before the hearing, the party is expected to inform the Title IX Coordinator of that change at least two (2) business days before the hearing.
9. Are there any other expectations of an Advisor?
CCC expects Advisors to adjust their schedules to allow them to attend scheduled meetings and proceedings. CCC may make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient, but only if the advisee agrees to the provision.
For a complete list of CCC Trained Advisors, please contact the CCC Title IX Coordinator.
Confidentiality and Privacy as outlined in the Title IX Sexual Harassment Policy
Every effort is made by Coconino Community College (CCC) to preserve the privacy of reports of allegations of sexual harassment/discrimination. For the purpose of the Title XI policy, privacy and confidentiality have distinct meanings.
Privacy means that information related to a complaint will be shared with a limited number of CCC employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report.
All employees who are involved in CCC’s response to notice under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in CCC’s FERPA policy. The privacy of employee records will be protected in accordance with Human Resources policies.
Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, attorneys, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, and others, with their patients, clients, and parishioners. CCC does not have a health center or mental health counselors on site to provide medical or mental health services. As such, CCC encourages students to seek such attention from a variety of local providers.
When information is shared by a Complainant with the Confidential Community Resource, the Confidential Resource cannot reveal the information to any third party, except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when:
- the individual gives written consent for its disclosure;
- there is a concern that the individual will likely cause serious physical harm to self or others; or
- the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities.
Other information may be shared, as required by state and/or federal law.
CCC will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.
Only a small group of officials who need to know will typically be told about the complaint, including, but not limited to, the Office for Student Affairs, Campus Safety, and the CARE Team (also known as a Behavior Intervention Team). Information will be shared as necessary with Investigators, Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.
CCC may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will consult with the student first before doing so, when appropriate.
Other Confidential Resources
Sexual misconduct can be a complex and painful experience that can require many different types of support including medical, legal, psychological, and academic resources. There are no employees within CCC who can guarantee complete confidentiality; however, there are resources outside of CCC that you may wish to have a confidential conversation with about your options and what next steps you would like to take.
National Sexual Assault Hotline and Website
Access free, 24/7 local crisis support online or by calling 1-800-856-HOPE (4673). For more information, visit ohl.rainn.org/online.
Off-Campus Counselors, Advocates and Resources
Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with CCC unless the victim requests the disclosure and signs a consent or waiver form.
Coconino County Community College (CCC), consent can only be given by a person of legal age, cannot occur when a person is mentally or physically incapacitated (which includes intoxication), and requires that all parties understand the who, what, when, where, why, and how of the sexual interaction.
- voluntary, and
- clear permission
- by word or action
- to engage in sexual activity
Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.
For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied.
For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.
Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.
Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on CCC to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
Obtaining and giving consent is the most important part of protecting yourself against sexual violence. The following list are some examples of how to gain consent from and give consent to your intimate partners:
- Clarifying or summarizing what the other person shared
- Communicating your expectations and limits
- Asking for permission, approval, or acceptance when seeking intimacy
- Understanding why someone did or chose something
- Expressing discomfort with acts of physical intimacy
- Talking about sexual intimacy when sober
- Confirming the feelings of the other person
- Starting with small decisions
- Sharing when you want to stop, slow down, or wait
The Impact of Alcohol and Drugs on Consent
The use of alcohol or drugs never makes a victim at fault for an act of sexual harassment, discrimination, or violence.
Students should be aware that alcohol and other drugs influence behavior and alter an individual's ability to give consent to sexual acts.
TITLE IX-BASED EMERGENCY REMOVALS
A Coconino Community College (CCC) can act to remove, on an emergency basis, a Title IX Respondent entirely, or partially, from its education program or employment activities, when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any individual justifies such a removal.
An emergency removal is not tantamount to a determination of responsibility or a sanction. CCC may remove a Respondent on an emergency basis whether a grievance process is underway or not.
For students who are removed on an emergency basis, alternative coursework options should be pursued to ensure as minimal an academic impact as possible on the removed party.
CCC will implement the least restrictive emergency actions possible in light of the circumstances and individual safety concerns. As determined by the Title IX Coordinator, these actions could include a variety of supportive measures. Examples of supportive measures include, but are not limited to:
- temporarily re-assigning an employee,
- restricting a student’s or employee’s access to or use of facilities or equipment,
- allowing a student to withdraw or take grades of incomplete, without financial or grade penalty,
- authorizing an administrative leave,
- suspending a student’s participation in extracurricular activities,
- suspending a student’s employment,
- suspending a student’s participation in student organizational leadership, or
- suspending a student’s participation in intercollegiate/intramural athletics.
If the least restrictive emergency action is removal from the campus, the Title IX Coordinator must initiate an individualized safety and risk analysis.
This risk analysis is performed by the Title IX Coordinator, in conjunction with the College CARE Team.
For situations where the Respondent is an employee, the Title IX Coordinator will consult with Human Resources in completing the individualized safety and risk analysis.
The risk analysis must follow the five-step process for evaluating the necessity of and implementation of an emergency removal.
Step ONE: Conduct a prompt individualized safety and risk analysis.
- The analysis must be individualized and not based upon generalized, hypothetical or speculative beliefs or assumptions that a Respondent could pose a risk to someone’s physical health or safety.
- The analysis must focus upon the particular Respondent and examines the specific circumstances “arising from the allegations of sexual harassment” posing an immediate threat to a person’s (not always the Complainant’s) physical health or safety.
Step TWO: Make the required findings of “immediate threat” “to the physical health or safety of any student or other individual” “arising from the allegations of sexual harassment.”
- There must be an immediate threat that justifies and compels the emergency removal.
- Ask: What significance and weight should be applied to a Complainant’s subjective fear of a threat versus an objective reasonable person standard?
- Ask: What is the Respondent’s propensity, opportunity, and ability to effectuate a stated or potential threat.
- Ask: Would supportive measures be more appropriate and a less restrictive means to negate or sufficiently minimize the likelihood of a threat’s occurrence?
“To the physical health of safety of any student or other individual”
- The immediate threat must be to the “physical health or safety” of one or more individuals, who may be the Respondent, the Complainant, or any other individual (such as a third-party witness).” We are not talking about threat to emotional health. If the threat is simply to the emotional health and well-being, initiate supportive measures only.
“Arising from the allegations of sexual harassment.”
- The emergency situation must specifically arise from the allegations of sexual harassment.
- A Respondent’s threat of physical self-harm after being accused of sexual harassment could justify an emergency removal.
Step THREE: Evaluate the applicability of disability laws to the removal decision.
- A Respondent may not be subject to an emergency removal without full and appropriate consideration of applicable disability laws.
- If a Respondent identifies him/herself as having a disability, consult with the DR office (for students) and HR (for employees) to make the required consideration regarding disability laws.
Step FOUR: Consider the appropriateness of supportive measures in lieu of an emergency removal.
- Before imposing a Respondent’s emergency removal, CCC must ensure that its action does not equate to or effectuate an improper bypassing of the prohibitions in §§ 106.44(a) and 106.45(b)(1)(i) against imposition of sanctions or other actions that are not supportive measures without first following the § 106.45 grievance process.
- In assessing an emergency removal, an institution should consider the anticipated timing to complete an investigation and hearing, as a removal will vary in its length and impacts based upon the duration of the grievance process.
Step FIVE: Provide the Respondent with notice and an “immediate” opportunity to challenge the emergency removal
In all cases where an emergency removal is imposed, the Respondent (regardless of status as either student or employee) will be issued a Notice of Removal letter.
Upon receiving the Notice of Removal letter, the Respondent may request to meet with the Title IX Coordinator as soon as reasonably possible after the emergency removal is imposed to show cause why the action/removal should not be implemented or should be modified. This meeting is called a Show Cause meeting.
SHOW CAUSE MEETING
Requesting a Show Cause meeting with the Title IX Coordinator must be made within three (3) days of the Respondent’s receipt of the Notice of Removal. If no meeting is scheduled within the three (3) day time period, objections to the emergency removal will be deemed waived and the emergency removal will be imposed.
This Show Cause meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate.
At the Show Cause meeting, the Respondent may be accompanied by the Advisor of his/her/their choosing.
A Complainant and their Advisor may be permitted to participate in the Show Cause meeting.
At the Show Cause meeting, the Respondent will be allowed to present their position regarding why they believe the emergency action/removal should not be implemented or should be modified.
The Title IX Coordinator must prepare a written determination/response to the Show Cause meeting within two (2) days of the meeting taking place.
The Title IX Coordinator’s decision is final.
VIOLATION OF EMERGENCY REMOVAL
Violation of an emergency removal under this policy will be grounds for separate discipline, which may include actions up to or including expulsion from school or termination from employment.
The Formal Grievance Process relies on a pool of administrators (“the Pool”) to carry out the process. Members of the Pool are announced in the annual Title IX Notification to students, employees, prospective students, and prospective employees.
Pool Member Roles
Members of the Pool are trained annually, and can serve in in the following roles, at the direction of the Title IX Coordinator:
- To act as an Advisor to the parties
- To investigate complaints
- To serve as a hearing facilitator (process administrator, not the decision-making role)
- To serve as the Decision-maker regarding the complaint
- To serve as an Appeal Chair
Pool Member Training
The Pool members receive annual training, either jointly or based on their respective roles. This training includes, but is not limited to:
- The scope of the Coconino Community College’s Title IX Sexual Harassment Policy and Procedures
- The definition of sexual harassment
- The scope of Coconino Community College’s education program or activity
- How to conduct an investigation and grievance process including hearings, appeals, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of
- interest, and bias.
Decision-makers will receive training on:
- Any technology to be used at a live hearing and
- Issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.
In addition to the trainings above, investigators will receive training on:
- Issues of relevance to create an investigative report that fairly summarizes relevant evidence
Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, will:
- not rely on sex stereotypes,
- promote impartial investigations and adjudications of formal complaints of sexual harassment.
All Pool members are required to attend these trainings annually.
The materials used to train all members of the Pool are publicly posted on the Title IX Training Resources page.
INSPECTION AND REVIEW OF EVIDENCE PROCEDURES (Section 106.45(b)(5)(vi))
Title IX regulations require both parties have:
An equal opportunity to inspect and review
- any evidence obtained as part of the investigation
- that is directly related to the allegations raised in a formal complaint
- including the evidence upon which CCC does not intend to rely in reaching a determination regarding responsibility
- and inculpatory or exculpatory evidence whether obtained from a party or other source,
The opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.
- All evidence the parties want the investigators to consider in the case MUST be provided to the investigators before the first inspection period begins. Any additional evidence offered by either party WILL NOT BE ADMISSIBLE.
Inspection and Review of Evidence--Two inspection periods.
First Inspection Period: At the end of the investigation, BUT BEFORE a report is drafted, the parties have 10 days to review all of the evidence collected during the investigation. The parties must be able to review the evidence the investigators are going to use as well as the evidence they are not going to use in drafting the investigative report. In that 10-day review period, both parties have equal opportunity to review and respond in writing to the evidence. The investigators will “consider” the responses before completing the investigative report.
Second Inspection Period: After the final investigative report is written, BUT BEFORE the hearing where the determination of a possible violation of the Title IX policy will be made. The parties can review the final investigative report. This report DOES NOT have a determination. It just outlines the investigation. In that 10-day review period, both parties have equal opportunity to review and respond in writing to the evidence.
In addition to the review periods, all evidence will be available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.
Sexual harassment, discrimination, and violence can be a complex and painful experience that can require many different types of support including medical, legal, psychological, and academic resources. Useful resources are available to all of Coconino Community College (CCC) students, and may be located on campus, within the community, or nationally based.
Jurisdiction under the CCC Title IX Sexual Harassment/Discrimination policy is limited to:
- CCC education program and activities,
- Conduct that takes place on the campus or on property owned or controlled by CCC, at CCC-sponsored events, or in buildings owned or controlled by CCC’s recognized student organizations,
- Conduct/actions that take place against a Complainant in the United States,
- Respondents who are members of the CCC community (students, employees, or third parties), and
- the effects of off-campus misconduct that effectively deprive someone of access to CCC’s educational program.
What happens when the Respondent is not a member of the CCC community?
In situations where the Respondent is not a member of the CCC community, the Title IX Coordinator will still offer the Complainant supportive measures and resources. Supportive measures include, but are not limited to:
- Referral to the Employee Assistance Program
- Referral to community-based service providers
- In-house visa and immigration assistance
- Student financial aid counseling
- Safety planning
- Providing campus safety escorts
- Trespass orders, when applicable
- Class withdrawals, or leaves of absence
- Any other actions deemed appropriate by the Title IX Coordinator
Resources may include, but are not limited to:
- Contact information for community-based support services
- Assistance in reporting conduct to local law enforcement
- Honoring restraining orders, protective orders, and stalking injunctions issued by civil and criminal courts of law.
What about conduct/behaviors that occur off-campus but where both the Complainant and Respondent are members of the CCC community?
In these situations, the Title IX Coordinator will address the notice/complaint to determine whether the conduct/behavior occurred in the context of CCC employment or an educational program or activity and/or if the conduct/behavior has continuing effects on campus or in an off-campus sponsored program or activity. A continuing effect on campus or in an off-campus sponsored program or activity includes:
- Any action that would constitute a criminal offense as defined by law;
- Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
- Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes a disruption; and/or
- Any situation that is detrimental to the educational interests or mission of CCC.
What about if the conduct alleged in the Title IX complaint is determined not to meet the Title IX definition of sexual harassment/discrimination?
In the event the conduct alleged in the Title IX complaint is determined to not meet the regulatory definition of sexual harassment/discrimination, but does fall within the jurisdiction of CCC, the Title IX Coordinator will refer the complaint to the appropriate conduct body, which means student affairs for student code of conduct issues and Human Resources for employee conduct issues.
The 2020 Title IX Regulations outline instances where the Title IX Coordinator must dismiss a Title IX complaint. The regulations also provide situations where the Title IX Coordinator has the discretion to dismiss a Title IX complaint. The following is a review of both mandatory and discretionary dismissals.
A. The Title IX Coordinator is obligated to dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
- The conduct alleged in the formal complaint would not constitute sexual harassment as defined in the Policy hereinabove, even if proved; and/or
- The conduct did not occur in an educational program or activity controlled by Coconino Community College (CCC) (including buildings or property controlled by recognized student organizations), and/or CCC does not have control of the Respondent; and/or
- The conduct did not occur against a person in the United States; and/or
- At the time of filing a formal complaint, a Complainant is not participating in or attempting to participate in the education program or activity of the recipient.
B. The Title IX Coordinator has the discretion to dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
- A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
- The Respondent is no longer enrolled in or employed by the recipient; or
- Specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
Upon any dismissal for any reason, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so. The letter will be sent simultaneously to the parties.
This dismissal decision is appealable by any party under the procedures for appeal below. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.
If you would like to appeal, you must submit your request for appeal in writing to the Title IX Coordinator within five (5) days of the decision to dismiss (or the decision not to dismiss). If you do not submit your request for appeal within the five (5) days, you will lose your right to appeal.
The request for appeal will be forwarded to the Appeal Chair, specifically the Coconino Community College Provost. The Appeal Chair will communicate the decision to grant or deny the appeal to the requesting party within five (5) days of the request for appeal being received by the Appeal Chair.
The Appeal Chair will provide the other party(ies) and their Advisor(s), and the Title IX Coordinator a copy of the appeal decision.
*A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it. *
Using the deliberation statement provided by the Decision-maker, the Title IX Coordinator will prepare a Notice of Outcome letter. Upon its completion, the Title IX Coordinator will share the letter, which will include the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors within five (5) days of receiving the Decision-maker(s)’ deliberation statement.
The Notice of Outcome letter will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; and a statement of, and rationale for, the resulting decision.
The Notice of Outcome will also include information on the relevant procedures and bases for any available appeal options.
The Notice of Outcome letter will be delivered via U.S. mail to the local or permanent address of the parties as indicated in official Coconino Community College (CCC) records and via email to the parties’ CCC-issued email. Once mailed and emailed, notice will be presumptively delivered.