/Institutions/Moberly-Area-Community-College/json/2026-2027/RedBook-2026-2027-local.json

/Institutions/Moberly-Area-Community-College/json/2026-2027/RedBook-2026-2027.json

11. Grievance Process

In compliance with the revised 2024 Title IX published in the Federal Register May 15, 2024, MACC has developed a grievance process to address formal complaints of sexual harassment, as a form of prohibited sexual discrimination.

In order for a complaint of sexual harassment to be reviewed and/or resolved through this policy, it must consist of prohibited conduct outlined in section VII, “Prohibited Conduct.

The grievance process is available when a complaint falls within the College’s Title IX jurisdiction, which includes locations, events, or circumstances in which the Recipient exercises substantial control over both the respondent and the context in which the conduct occurred, circumstances where MACC has disciplinary authority, misconduct that occurs outside of the program or activity and has impact on the academic program or activity, and to misconduct occurring within any building owned or controlled by an MACC recognized student organization.

The Title IX Coordinator has the authority to consolidate complaints involving more than one complainant, or against more than one respondent, where the allegations of sex discrimination or sexual harassment arise out of the same facts or circumstances.

Under very limited circumstances, the Title IX Coordinator may exercise the authority to sign a complaint and trigger the grievance process on behalf of the College. In those cases, the Title IX Coordinator is not assuming the role of complainant or any other party and must otherwise comply with rights provided to the complainant and respondent.

Grievance Process Advisors

Complainants and respondents have equal rights to engage the assistance of a grievance process advisor of their choosing during any meeting or proceeding. Process advisors may advise their party throughout the process. Process advisors may not represent or speak on behalf of their party. If either party is not able to identify an advisor of their choice and wishes to have one, a grievance process advisor will be appointed by the Title IX Coordinator to assist them at no cost to the individual. Advisors provided by the college are not attorneys. Grievance process advisors are expected to operate with appropriate decorum.

Initial Evaluation

Upon receipt of report sexual harassment, the Title IX Coordinator will promptly respond to the complainant and provide information on the following:

• The opportunity to have an advisor present;

• Availability of supportive measures with or without filing a complaint;

• Availability of informal resolution options;

• The process for filing a complaint;

• The rights and responsibilities of a complainant throughout the grievance process.

Upon receipt of a complaint, the Title IX Coordinator will review to see if the complaint meets the threshold for a policy violation or may be dismissed. If the complaint could meet the threshold for a policy violation, the complainant and respondent will receive a notice of investigation and allegations (NOIA). The NOIA will be sent to both parties simultaneously. The NOIA includes:

• A meaningful summary of all allegations

• The date, time, and location of the alleged incident(s) (if known)

• The identity of the involved parties (if known)

• The precise misconduct and policy violations being alleged

• A description of, link to, or copy of the applicable procedures

• A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence

• The name(s) of the investigator(s) and Title IX Coordinator

• A statement that MACC presumes the respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination

• A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence

• A statement that retaliation is prohibited

• Information about the confidentiality of the process, including that the parties and their advisors (if applicable) may not share MACC work product obtained through the resolution processA statement that the parties may have an advisor of their choice

• Detail on how a party may request disability accommodations during the resolution process

After the NOIA has been provided to the parties, the Title IX Coordinator will meet with the respondent, if the respondent wishes, to provide information on the following:

• The opportunity to have an advisor present;

• Availability of supportive measures;

• Availability of informal resolution options;

• Assumption of non-responsibility throughout the grievance process;

• The rights and responsibilities of a respondent throughout the grievance process.

If a similar meeting has not already happened with the complainant, it will be offered.

Dismissal of Complaints

MACC may dismiss a complaint or any allegation therein at the discretion of the Title IX Coordinator, if at any time:

• The complaint would not, if proven, constitute a violation of this policy;

• A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw part or all of the complaint and the remaining complaint, if any, would not constitute a potential policy violation if true, and the Title IX Coordinator declines file the complaint on behalf of the College;

• The respondent is no longer enrolled or employed at MACC;

• MACC is unable to identify the respondent after taking reasonable steps to do so.

Upon determining that a formal complaint will be dismissed, both parties will receive written notice of the dismissal and the reason(s) simultaneously. Dismissal of complaints are appealable. Please see the appeals process under the appeals section.

Emergency Removal

In limited situations, the respondent may be removed from MACC’s educational program or activity on an emergency basis because they pose an immediate threat to the campus community, or cannot otherwise safely participate in an education program or activity while the grievance process is being conducted. In cooperation with the College’s Behavioral Intervention Team, an individualized risk/threat assessment will be conducted to determine whether an immediate physical threat to the health or safety of the respondent or the campus community arising from the formal sexual harassment complaint would justify removal from campus.

If emergency removal of the respondent is deemed necessary as defined above, the respondent will be provided with written notice of the decision and an opportunity to challenge the decision immediately following the removal. An MACC employee who was not involved in the decision to remove the respondent would review any challenge to the decision. The respondent will remain removed from campus community while the challenge is reviewed.

Administrative Leave

A non-student employee respondent may be placed on administrative leave during any part, or the full duration, of Title IX Grievance Process in cooperation with Human Resources.

Informal Resolution

MACC does not require the parties to participate in an informal resolution process. However, at any time prior to reaching a determination regarding responsibility, MACC may support facilitating an informal resolution process that does not involve a full investigation and adjudication provided that both the complainant and respondent are voluntarily agreeable to participating. MACC may determine an informal resolution is not appropriate resolution option based on the fact pattern of the allegations or the power dynamic between the complainant and the respondent.

The option of resolving a complaint through Informal Resolution will be offered to both parties by the Title IX Coordinator at the initial assessment meetings, if it is determined appropriate by the College. Not all allegations of sexual harassment are appropriate to be resolved in an informal resolution. The complainant, respondent, and College must agree it is an appropriate resolution process. The decision to stop formal proceedings and engage in an Informal Resolution may be made at any time during the grievance process, with the voluntary written consent of both the complainant and the respondent and agreement by the College. Likewise, a complainant or respondent has the right to withdraw from an Informal Resolution process and resume the formal grievance process at any time with respect to the complaint. After initiating and stopping the informal resolution process one time by either party the informal resolution process is no longer an option.

Participation in an Informal Resolution process in lieu of the formal resolution process shall not be a condition pf enrollment or continuing enrollment, employment or continuing employment, or waiver of the right to a formal adjudication of the complaint.

Formal Resolution

When an Informal Resolution is not utilized, MACC will utilize a formal process to resolve the complaint. The formal resolution process is a prompt, fair and impartial investigation by unbiased investigator(s). The Title IX Coordinator will assign one or more investigators, who are free from conflicts of interest or bias for or against either the complainant or respondent. The investigators will meet with both the complainant and respondent, individually, to initiate the adjudication process and ensure an understanding of the allegations.

The investigators will seek evidence relevant to the allegations. The parties will have the opportunity to identify witnesses for interview and submit inculpatory (demonstrates to finding of responsibility) and exculpatory (demonstrates to finding that respondent did not engage in the allegation) evidence. Parties will be expected to share why each witness should be interviewed. Character witnesses are usually not permitted.

After collection of witness lists, both parties will be provided with the list of witnesses. Each party will have five (5) business days to submit a list of questions for each witness. Non-relevant or impermissible questions will be discarded. Any discarded question will be shared with the offering party with an explanation of why the question is non-relevant or impermissible.

Investigators will provide written notice of the date, time, location, and participants prior to investigative interviews or other meetings. The parties will be provided at least ten (10) business days to prepare to participate in the interview. The parties may reduce this timeframe if they wish. The parties are permitted to have an advisor of their choice at any interview. If a party does not have an advisor and wishes to have one, the College will provide one.

After the first round of interviews with each party and witness, the investigator(s) will provide a transcript of each interview to the parties. The parties will have no fewer than five (5) business days to review the transcripts and offer follow up questions for each witness or party. The investigator(s) will review the submitted questions for relevance and permissibility. The investigator(s) will discard any non- relevant or impermissible question and provide a rationale for the parties.

The investigator(s) will provide transcripts of the follow up interviews to the parties.

Parties who wish to have more than one follow-up questioning opportunity of a witness or party may submit a request in writing to the Title IX Coordinator (or designee). The request must include the rationale for the additional round of interviews and the specific questions which the party wishes to have asked. The Title IX Coordinator (or designee) will make the decision about whether to allow for an additional round of follow up questions. The rationale to allow or not allow an additional round of follow up questions will be provided to both parties. This decision is not appealable.

Investigators may contact the Title IX Coordinator during the investigative process with procedural questions which are not directly related to the evidence. At no time should the investigators confer with other Title IX Grievance Process personnel regarding details of the formal compliant until the end of the appellate process. However, there is no restriction on the ability of either the complainant or respondent to discuss the allegations under investigation or to gather and present relevant evidence.

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

Review of Evidence and Comment Period

Once the investigation has concluded and evidence summary report is written, both the complainant and the respondent will have access to evidence summary report and all evidence gathered during the investigation, including that which the investigators did not deem relevant. The complainant and the respondent will have the opportunity to provide meaningful written comment about the evidence summary report and evidence during a period of no fewer than ten (10) business days. The evidence summary report is not to draw conclusions of violation of policy. The evidence summary report will provide a summary of the agreed upon and disputed fact pattern, which evidence was utilized, and who was interviewed as a witness.

After the ten (10) business day review of the evidence summary report and evidence, the investigators should review any written comment provided by the parties to inform the completion of the final investigation report. Changes to the report are at the investigators’ discretion. The written comment provided by the parties now becomes part of the evidentiary record. The final draft of the investigation report will be made available to both the complainant(s) and the respondent(s).

Parties and their advisors will have access to work product through evidence, evidence summary report, and investigation report. Parties and their advisors are not to share this information with others.

Final Determination and Remedies

After a thorough examination of the evidence presented, the investigator(s) will make a final determination of “responsible” or “not responsible” for violations of this policy using the preponderance of the evidence standard. The preponderance of the evidence standard indicates the evidence demonstrates it is more likely than not the respondent engaged in conduct which is a violation of this policy. This same standard is used for complaints against students and employees.

The investigator(s) is responsible for drafting an investigation report, outlining the rationale for the decision. The report will be distributed simultaneously to both the complainant and the respondent by the Title IX Coordinator. The investigation report will include but is not limited to:

• Identification of the allegations constituting a violation of this policy;

• A description of the procedural steps taken from the receipt of the complaint through the determination;

• Findings of fact supporting the determination;

• Conclusions and rationale;

• Recommendations for disciplinary sanctions and possible remedies.

If there is a finding of responsible, the Title IX Coordinator will work with appropriate College personnel to implement disciplinary sanctions and to provide effective implementation of any remedies.

The determination regarding the allegations becomes final on the date which an appeal can no longer be considered.

Counter Complaints

MACC permits counter complaints consistent with federal law. MACC will not permit counter complaints to be used in a retaliatory fashion. Any counter complaint will go through the same evaluation process as any other complaint. A counter complaint not made in good faith may be considered a false allegation or retaliation and will be evaluated as such. A counter complaint made in good faith which could be a policy violation will be investigated consistent with this policy. There may be instances where initial complaints and counter complaints are investigated together because of the similarity of the potential fact pattern.

Appeals of Final Determinations and Dismissals

Both parties are provided the opportunity to appeal a determination regarding responsibility, as well as, a dismissal of a complaint. Appeals are to be submitted in writing within five (5) business days from the date written notice was provided. Appeals of such decisions within the grievance process are allowed on the following bases:

1. Procedural irregularity that would affect the outcome;

2. New evidence that would change the outcome that was not reasonably available at the time the determination regarding responsibility or dismissal was made; or

3. The Title IX Coordinator, investigator(s), or decision maker(s) had a conflict of interest or bias for or against the complainants or respondents generally or the individual complainant or respondent that would affect the outcome; or

4. The final determination by the decision maker is substantially contrary to the weight of the evidence in the record (applicable to sanctions of suspension, expulsion, or termination, only); or

5. The sanctions fall outside the range of sanctions designated for this offense, considering the cumulative conduct/disciplinary record of the respondent (applicable to sanctions of suspension, expulsion, or termination, only)

When an appeal is filed, the Title IX Coordinator will notify the other party in writing that the appeal has been filed. The other party will be provided with the appeal and given three (3) days to provide a written response to the Title IX Coordinator. Additionally, the College will ensure that the decision maker(s) for the appeal is not the same person as the decision maker(s) that reached the determination regarding responsibility or dismissal, or the investigator(s).

A written decision of the appeal, describing the result of the appeal and the rationale for the result will be given simultaneously to both parties.

The appeal panel is deferential to the original decision maker and should only grant an appeal with there is clear error and a compelling reason to do so. An appellate panel may:

1. Grant the appeal and remand a case back to the original investigators.

2. Grant the appeal and remand the case to a set of new investigators.

3. Deny the appeal.

An appeal panel may not simply replace the original decision maker’s (investigator’s) decision with their own. The appeal panel may remand back to the original investigators or a new set of investigators based on the nature of the appeal.