What Happens After a Report
MCC’s response depends on the information reported, the wishes of the person affected, applicable law and policy, and safety concerns. Initial outreach, support, and assessment do not automatically result in a formal investigation. The Title IX Coordinator can explain which College process applies.
1. Initial Outreach
The Title IX Coordinator or designee contacts the complainant to offer support, explain available options, and discuss the process.
2. Supportive Measures
MCC considers individualized, non-disciplinary and non-punitive measures designed to restore or preserve access to MCC programs and activities, protect safety, or deter sexual harassment.
3. Jurisdiction and Process Assessment
MCC determines whether the reported conduct falls within the Title IX grievance process and whether another College procedure may also or instead apply.
The steps below describe a formal Title IX sexual harassment grievance process that proceeds after a formal complaint. Depending on the circumstances, a matter may instead be dismissed from that process, resolved informally when permitted, or addressed through another College procedure.
4. Notice of Allegations
If a formal Title IX grievance process proceeds, MCC provides written notice of the allegations and applicable procedures to the known parties, with sufficient time to prepare before an initial interview.
5. Investigation
A trained, impartial investigator gathers information. Both parties have equal opportunities to identify witnesses and present evidence. Before the investigative report is completed, both parties and their advisors receive the evidence directly related to the allegations, including evidence MCC does not intend to rely on, and have at least 10 days to submit a written response.
6. Investigative Report
The investigator prepares a report that fairly summarizes relevant evidence. Both parties and their advisors receive the report at least 10 days before the hearing for review and written response.
7. Hearing and Decision
The formal Title IX sexual harassment grievance process includes a live hearing conducted by an impartial decision-maker. Each party may have an advisor of their choice, who may be an attorney. Relevant cross-examination is conducted by advisors, never by the parties personally. If a party has no advisor at the hearing, MCC provides an advisor without fee or charge to conduct cross-examination. Either party may request separate rooms with technology allowing participants to see and hear the questioning.
8. Written Determination
MCC provides both parties a written determination simultaneously. It includes the findings, rationale, responsibility determination, applicable sanctions and remedies, and appeal information. The determination becomes final as described in MCC’s approved procedure.
9. Appeal
Both parties may appeal a responsibility determination or dismissal of a formal complaint or allegations. Required grounds include an outcome-affecting procedural irregularity; qualifying new evidence that could affect the outcome; and an outcome-affecting conflict of interest or bias involving the Coordinator, investigator, or decision-maker. Consult the applicable MCC procedure for filing instructions, deadlines, and any additional grounds.
Presumption and Burden of Proof
A respondent is presumed not responsible for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the applicable grievance process. MCC, not the parties, bears the burden of gathering sufficient evidence to reach a determination under the applicable standard of evidence.
Evidence Standard Timelines and Possible Outcomes
MCC applies the evidence standard stated in its approved Title IX procedures. Those procedures identify reasonably prompt timelines, permitted extensions for good cause with written notice, appeal deadlines, and possible sanctions and remedies. Review the student or employee procedure linked on the Policies, Procedures and Training Materials page (include the link to this page here).
Informal Resolution
Informal resolution may be offered after a formal complaint is filed and before a responsibility determination, when permitted by MCC procedure. The parties receive written notice of the process and consequences and must give voluntary written consent. Either party may withdraw before agreeing to a resolution and resume the formal grievance process. MCC does not require or pressure participation and does not offer informal resolution for allegations that an employee sexually harassed a student.
Other College Processes
If a report does not fall within the Title IX grievance process, MCC will explain whether the conduct may be addressed under another student, employee, discrimination, or conduct procedure.