9. Complaint Procedures
Individuals who believe that they have encountered sexual misconduct by another employee or student of the College is encouraged to report the encounter to the Title IX Coordinator or Deputy Title IX Coordinator. The individual also has the option to make a criminal report to local authorities.
Criminal Complaint
The option to pursue criminal charges in the complainant’s choice. If a complainant is unsure of how to make a report to law enforcement, the Title IX Coordinator will provide information about how to contact law enforcement. A report made to law enforcement does not constitute notice to the college even if the Title IX Coordinator provides information about making a report to law enforcement.
Likewise reporting sexual misconduct to a College official does not substitute for notification of appropriate law authorities. A complainant may move forward with both a complaint to law enforcement and the College simultaneously.
Complaints in Conjunction with Other Policy Violations
In cases where an individual alleging sexual misconduct may also allege other violations MACC policies, such as the drug/alcohol policy or student conduct policy, the College will review these policy violations together under this policy to ensure all due process protections are satisfied.
The College encourages individuals to report when they have encountered sexual misconduct, despite their own involvement in other policy violations. The College will either grant amnesty to the complainant or respond to the other violation as an educational matter rather than as a disciplinary matter. The College’s policy on the usage of alcohol and other drugs may be found in the Policy Handbook, item C.010. The College’s policy on student conduct may be found in the Policy Handbook, item F.020.06.
Complaint
A complaint of sexual misconduct, sex discrimination, sexual harassment may be filed with the Title IX Coordinator and or Deputy Title IX Coordinator in person, by mail, via phone, by electronic meeting, or by electronic mail. A complaint may be in writing or verbal. A complaint must be able to be objectively understood by the College to be a request for an investigation and determination of a policy violation. A Sexual Misconduct Report Form is available, located in electronic format on the MACC website and MyMACC, and in hard copy in the Office of Student Affairs at each MACC location. All Sexual Misconduct Report Forms will be forwarded to the Title IX Coordinator.
Statistical information without identifying information will be forwarded to the Director of Security and Residential Life for Clery Reporting. Clery Reporting does not indicate names or other identifying information of the parties involved. Information related to an ongoing threat to the campus community may also be forwarded to the Director of Security and Residential Life for a Timely Warning or Emergency Notification. In instances of a Timely Warning or Emergency Notification, complainant information is not shared publicly.
Upon receipt of complaint, all allegations of sexual harassment will be processed through this policy. The alleged conduct must meet one or more of the definitions of Prohibited Conduct (Please see section VII, Prohibited Conduct). The alleged conduct must meet the definitions of a policy violation and have occurred within the program or activity, or have an impact on the program or activity by MACC. This includes locations, events, or circumstances in which MACC exercises substantial control over both the respondent and the context in which the sexual harassment occurs and also includes any building owned or controlled by MACC or organizations recognized by MACC.
If the allegations in a complaint under this policy are dismissed, the alleged behavior may be reviewed under other MACC policies.