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Three Options Available Under Title IX Procedure

Report an Incident of Sexual Harassment or Sexual Misconduct

Supportive Measures | Formal Investigation | Informal Resolution 

The Sinclair Title IX Sexual Harassment and Sex Discrimination Procedure has three options available for those who experienced a type of sexual harassment under that policy and procedure.  These three options include:

  1. Supportive Measures Only - where no formal complaint is filed but the Complainant continues to receive supportive measures;
  2. The Formal Investigation Process - where a formal complaint is filed and the Complainant and Respondent both participate in the investigation and live hearing process; and  
  3. The Informal Resolution Process - where a formal complaint is filed and both parties agree to participate in this informal process and the Title IX Coordinator also believes it is appropriate.

Supportive Measures

Supportive Measures may be provided to both the Complainant and the Respondent during any of the three options listed above.  They are non-disciplinary, non-punitive individualized services offered without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. 

The Title IX Coordinator is responsible for offering and coordinating the implementation of supportive measures.  Such measures are designed to restore or preserve equal access to Sinclair’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties of Sinclair’s educational environment, or to deter sexual harassment.

Supportive measures include but are not limited to:

  • No Contact Order:  A Complainant or Respondent may request, or Sinclair may impose, communication and contact restrictions to prevent further potentially harmful interaction. These communication and contact restrictions generally preclude any individual, telephone, electronic or third party communications. Sinclair may also limit an individual’s or organization’s access to certain Sinclair facilities or activities as part of the no contact order.
  • Academic or Employment Modifications: A Complainant or Respondent may request an academic or employment accommodation after a report of sexual misconduct. An individual who requests assistance in changing their academic or employment situation after an incident of sexual misconduct will receive appropriate and reasonably available accommodations.
  • Academic accommodations:  Including a change in class schedule, taking an incomplete, dropping a course without penalty, attending a class via electronic, remote, or other alternative means, providing an academic tutor, or extending deadlines for assignments;
  • Change in work assignment or schedule;
  • Escort:  Providing an escort to ensure safe movement between classes and activities.
  • Emotional Support:  A limited amount and scope of counseling from licensed personnel may be available to students through Sinclair’s Counseling Center. Sinclair will also assist in providing referral to off-campus agencies or providers, as described in the reference section of this Procedure. Such support is available to any member of Sinclair community.
  • Temporary Suspension-Restriction (Students)/Administrative Leave (Employees): When a complaint or report of Prohibited Conduct under this Procedure indicates that there may be an ongoing risk of harm to the safety or well-being of an individual or members of the campus community, Sinclair may place a student or student organization on temporary suspension-restriction or place an employee on administrative leave. Pending resolution of the complaint, the individual or organization may be denied access to campus. When interim suspension or leave is imposed, Sinclair will make reasonable efforts to complete the investigation and resolution within an expedited time frame. 

The Formal Investigation Process

Once a party files a formal complaint, the party may choose to resolve the Formal Complaint through the investigation process, provided that the Title IX Coordinator has conducted an initial assessment and determined that the jurisdiction and threshold requirements have been met, that Title IX Sexual Harassment may have occurred, and that an investigation is appropriate.

The investigation process will begin with the Title IX Coordinator appointing one or more investigators.  An investigator will begin the full investigation promptly and will conduct the full investigation in a manner that is complete, thorough, and impartial.

If a Formal Investigation Process is initiated, the following steps are taken:

  • An investigator interviews the Reporter, the Complainant, and the Respondent
  • Evidence is gathered and shared with all parties to review
  • All parties have an opportunity to submit a written response to the investigator concerning evidence that is submitted
  • The Investigator’s written report is completed and shared with all parties and a decision maker
  • Appeals can be filed within a 3-day period, thereafter a pre-conference hearing may occur between the decision maker and the party advisors
  • A live hearing is then conducted by the decision maker and sanctions are determined by Sinclair administrators
  • Subsequently a written report is submitted to all parties by the decision maker, an opportunity to appeal the outcome can occur within 10 days

Informal Resolution Process

An Informal Resoluton Process or (IRP), is where a formal complaint is filed, both the Complainant and the Respondent must agree to using the informal process. However, either party may choose to return to the formal investigation process at any time before reaching an informal resolution agreement. There is no appeal process for the Informal Resolution process. Sinclair’s Informal Resolution process involves informal consultation to find an acceptable resolution for both parties without invoking the full investigation and live hearing process.

Sinclair will not offer or facilitate an informal resolution process to resolve allegations that an employee engaged in Title IX Sexual Harassment of a student.

If a Formal Investigation Process is initiated, the following steps are taken:

  • The Informal Process Facilitator (IRF) will be designated by the Title IX Coordinator and may be the Title IX Coordinator to conduct the IRP;
  • IRF has separate, meetings with each party;
  • IRF moves back and forth between the parties to determine the desired outcome and propose solutions;
  • After negotiations, the informal resolution agreement is reached, sanctions are agreed to, and the parties sign the informal resolution agreement (parties may not agree to obligate Sinclair without prior approval);
  • Informal resolution agreement is submitted to the Title IX Coordinator for implementation; and
  • Sanctions agreed upon in the informal resolution agreement are implemented by the Title IX Coordinator.

The informal process may include any of the following:

  • Counseling the Complainant on ways to address the Respondent directly regarding their behavior if the Complainant is comfortable doing so,
  • Counseling of the Respondent by the Title IX Coordinator on changing their behavior,
  • Facilitated discussion between the Complainant and Respondent,
  • Mediated agreement between the Complainant and Respondent, or
  • Any other informal process that is appropriate under the circumstances.

You may contact the Title IX Office if you have any questions about these three options by calling or by emailing carol.glaser-atkins@sinclair.edu.