COA 09-11 Catalog - Peralta Colleges

district policies and procedures203information about the allegations of the complaintshall be disclosed to the accused to provide him/herwith an opportunity to respond to the allegations ofthe complaint and provide additional information.To the extent appropriate, the District will keepthe complainant apprised of the progress of theinvestigation.7. Complaints will be handled promptly in anappropriately confidential manner — that is, theDistrict’s Equal Opportunity Officer will disclose theidentities of the parties only to the extent necessaryto carry out an investigation.8. The results of the investigation shall be set forth in awritten report which shall include at least all of thefollowing:(a) description of the circumstances giving rise tothe complaint;(b) a summary of the testimony provided by eachwitness, including the complainant and anywitnesses identified by the complainant;(c) an analysis of any relevant data or otherevidence collected during the course of theinvestigation; and(d) a specific finding as to whether discriminationdid or did not occur with respect to eachallegation in the complaint.9. Within ninety (90) days of receiving a complaint, theDistrict shall complete its investigation and providethe complainant with the following information:(a) a written notice setting forth:1) a copy or summary of the District’sinvestigative report;2) the District’s determination on themerits of the complaint; the proposedresolution of the complaints, to theextent that disclosure does not invadeany person’s privacy rights; and3) the complainant’s right to appeal to theDistrict governing board and theChancellor.Likewise, the accused individual shall be notified ofthe outcome of the investigation.10. If the allegation of sexual, racial, or disabilityharassment is substantiated, the District will takereasonable, timely and effective steps to end theharassment. Depending upon the severity of agiven case and/or prior incidents of harassment, aviolation of this rule shall lead to disciplinary actionincluding the possibility of expulsion or terminationfrom the District. Remedial measures will be offeredif appropriate to correct the discriminatory effectson any individual who has experienced harassment.The District’s policy against discriminatoryharassment will be interpreted consistently with anyfederally guaranteed rights involved in a complaintproceeding, including student’s First Amendmentrights to free speech and the accused individual’sright to due process.11. Should the Complainant not be satisfied, he or shemay appeal the proposed resolution within ten(10) days of the date of the proposed resolutionto the Chancellor. The Chancellor may request anadditional investigation, sustain the administrativedetermination, reverse the administrativedetermination or take any other appropriateaction. If the Chancellor makes the administrativedetermination, the Complainant may appeal directlyto the Board of Trustees within the same timeperiods set forth above. If the Chancellor sustains theadministrative determination or the Complainant isnot otherwise satisfied with the Chancellor’s decision,the Complainant may appeal to the Board of Trusteeswithin fifteen (15) days of the Chancellor’s decision.All appeals shall be filed with the Chancellor’s Officeat 333 East 8th Street, Oakland, CA 94606. Should thecomplainant not be satisfied, he or she may appealthe proposed resolution to the District governingboard within fifteen (15) days. The District boardshall review the original complaint, the investigativereport, the determination and the appeal and mayissue a final District decision within forty-five (45)days of receiving the appeal. The decision of theAdministration will become final, if the Board doesnot act within forty-five (45) days. The student maythen appeal the final District decision to the StateChancellor’s Office within thirty (30) days. The Officeof Equal Opportunity will furnish the complainantwith necessary information regarding where andhow to file the objection with the State Chancellor’sOffice.12. Within 150 days of receiving the complaint and afterthe resolution proposal is sent to the complainant,the District will forward the complete file of thecomplaint, findings of the investigation, the District’sproposed resolution, the letter to the complainantinforming him or her of the proposal, and anyrelevant material to the State Chancellor’s Office.