Sexual Harassment Complaint Operating Procedure 600.6

Applicability: This Operating Procedure applies to all Midwest Emergency Academy (“MEA”) students and employees.

Purpose: This Operating Procedure sets forth the process for reporting and addressing Sexual Harassment reports and complaints.

Definitions:

“Actual Knowledge” means notice of Sexual Harassment or allegations of Sexual Harassment to any individual with a Duty to Report as provided in this Operating Procedure.

“Complainant” means an individual who is alleged to be the victim of prohibited conduct.

“Respondent” means an individual who has been reported to be the perpetrator of prohibited conduct.

“Preponderance of the Evidence” means the evidence shows that it is “more likely than not” that MEA policy was violated.

1. Grievance Process

This Operating Procedure sets out the grievance processes for Sexual Harassment, including rape, domestic violence, dating violence, sexual assault, stalking, as those terms are defined in the Sexual Harassment Policy 600.5 and by state and federal law.

1. Duty to Report

Mandatory Report. All Supervisors shall have a duty to report any Sexual Harassment of which they become aware by or against a person participating in or attempting to participate in MEA’s education program or activity, as provided in this Operating Procedure.

Permissive Report. All other individuals who have been subjected to Sexual Harassment by a student or employee or have direct knowledge of the occurrence of such conduct are encouraged to first inform the Respondent that the behavior is unwelcome and should cease. If the individual does not feel comfortable directly addressing the Respondent or if the prohibited conduct does not cease, a report may be filed as provided in this Operating Procedure.

1. Reporting Process
2. Where to Report. You are strongly urged to seek immediate assistance if you or someone you know may be the victim of any form of Sexual Harassment. Assistance can be obtained 24 hours a day, seven days a week, from:

• Local Police, Fire, EMS
• Local Emergency Department

You are also strongly urged to report any Sexual Harassment you believe may have occurred to the following individuals designated as Title IX Coordinators for the purposes of this Operating Procedure, or by contacting the current President.

Reports of non-Sexual Harassment prohibited conduct, such as other sexual misconduct, other forms of harassment, discrimination or retaliation against a student or employee should be made in accordance with either the Student Discrimination, Harassment or Retaliation Complaint Operating Procedure 400.6.

Report events presenting an immediate threat to life or property to:

• Emergency: Dial 911
• Law Enforcement in the municipality where conduct occurred or where you reside.

Further information about Title IX and sex discrimination in education is available from the Office for Civil Rights, 400 Maryland Avenue, SW, Washington, DC 20202-1100 (by Customer Service Hotline: 800-421-3481; fax: 202-453-6012; TDD: 800-877-8339; email: OCR@ed.gov; or on the web at https://www.ed.gov/ocr).

1. Form of the Report. The initial report can be either written or verbal. Anyone with a mandatory duty to report shall promptly report directly to a Program Manager or President. To the extent possible, a reporter should include any information available regarding the specific description of the conduct, the party or parties involved, the location of the alleged incident, and the date(s) and circumstances under which the alleged conduct occurred.
2. False or Malicious Reports. It shall be considered a violation of MEA policy for any individual to knowingly file a false or malicious complaint of Sexual Harassment.
3. Jurisdiction; Timing; Retaliation and Related Misconduct; Criminal Proceedings
4. Jurisdiction

The College will promptly respond under this Operating Procedure when it has Actual Knowledge of alleged Sexual Harassment allegedly caused by an individual (1) participating in or attempting to participate in MEA education program or activity at the time of the alleged Sexual Harassment; and (2) against a person in the United States.

1. Timing and Availability of Procedures

Individuals are encouraged to report alleged Sexual Harassment immediately in order to maximize MEA’s ability to obtain evidence and conduct a thorough, impartial and reliable investigation. Failure to promptly report alleged Sexual Harassment may result in the loss of relevant evidence and witness testimony and may impair MEA’s ability to enforce this Operating Procedure.
Students and employees who make reports or complaints of Sexual Harassment, or participate in the investigation process, whether as parties to the proceedings or as witnesses, are expected to provide truthful testimony in accordance with MEA’s policies and operating procedures.
The intent of this Operating Procedures is to provide for prompt reporting and investigation of claims of Sexual Harassment. Due dates under this Operating Procedure shall be calculated based upon calendar days. If the due date specified falls on a weekend or holiday, the next business day will be the due date for the action. While MEA will make every attempt to comply with these deadlines, reasonable extensions based on the circumstances may be necessary and will be communicated to the parties in writing. Failure by MEA to comply with the deadlines set forth herein will not invalidate a complaint, investigation or disciplinary action.

1. Retaliation

It is a violation of MEA policy to retaliate against any person making a report of Sexual Harassment or against any person cooperating in the investigation of any allegation of Sexual Harassment (including testimony as a witness). For these purposes, “retaliation” includes intimidation, threats, harassment and other adverse action threatened or taken against any such Complainant, Respondent, or third party. Retaliation should be reported promptly to a Title IX Coordinator and may result in disciplinary action independent of the sanction imposed in response to the Sexual Harassment allegations.

1. Effect of Criminal Proceedings

Because Sexual Harassment may constitute both a violation of MEA policy and criminal activity, MEA encourages individuals to report alleged Sexual Harassment promptly to local law enforcement agencies. Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. Because the standards for finding a violation of criminal law are different from the standards for finding a violation of MEA policy, criminal investigations or reports are not determinative of whether Sexual Harassment, for purposes of this Operating Procedure, has occurred. Conduct may constitute Sexual Harassment under the College’s Policy and this Operating Procedure even if law enforcement agencies lack sufficient evidence of a crime and therefore decline to prosecute.
The filing of a report or complaint of Sexual Harassment under this Operating Procedure is independent of any criminal investigation or proceeding, and (except that the MEA Investigation may be delayed temporarily while the criminal investigators are gathering evidence) MEA will not wait for the conclusion of any criminal investigation or proceedings to process a complaint under this Operating Procedure. Nothing in this Operating Procedure is intended to limit the authority of MEA to take appropriate disciplinary action against any individual who violates MEA rules or policies.

III. The Process: Initial Steps

1. Intake Meeting with Complainant

Upon receipt of a report of any allegation of Sexual Harassment, a Program Director or President will first schedule an individual intake meeting with the Complainant in order to provide to the Complainant a general understanding of the Sexual Harassment Policy 600.5 and Sexual Harassment Operating Procedure 600.6 as well as the option and process to file a formal complaint; to identify supportive measures available to the Complainant including, but not limited to, counseling, written rights and options document, altering schedules, extensions of deadlines, working with supervisor to adjust work load/objectives or any other action deemed as appropriate by the Title IX Coordinator (regardless of any decision to file a formal complaint); and to discuss at a high level how the allegation of Sexual Harassment could potentially be addressed at both MEA level and as a criminal matter with local law enforcement.

1. Formal Complaint
2. Form of Compliant. The filing of a formal complaint of Sexual Harassment initiates the grievance process outlined in this Operating Procedure. A formal complaint may be filed by the Complainant in person, by mail or by email and must include the Complainant’s physical or digital signature. In some cases, a formal complaint may be filed by the president or Program Manager and therefore signed by the President or Program Manager, but the President or Program Manager is not otherwise a party to the grievance process. If the Complainant desires to remain anonymous, the Complainant should not file a formal complaint, because the College must disclose the name of the Complainant to the Respondent. The Complainant may withdraw the formal complaint at any step in this process.
3. Notice. Upon the filing of a formal complaint, the President or Program Manager will send written notice of the formal complaint to both parties, which will include the names of the Complainant and Respondent, if known; the date, location and nature of the alleged Sexual Harassment; statements that the Respondent is presumed not responsible and that determination of responsibility will be made at the conclusion of a grievance process; the rights of both parties to an advisor and to inspect and review evidence; that knowingly making false statements or submitting false information during the grievance process is a violation of MEA’s Policy; and that additional notice will be provided if any additional allegations arise during the process.
4. Intake Meeting with Respondent. The President or Program Manager will schedule an individual intake meeting with the Respondent in order to provide the Respondent a general understanding of the Sexual Harassment Policy 600.5 and Operating Procedure 600.6 and the complaint and resolution process; to address and provide supportive measures equally available to the Respondent including, but not limited to, counseling, written rights and options document, altering schedules, extensions of deadlines, working with supervisor to adjust work load/objectives or any other action deemed as appropriate by the President or Program Manager; and to explain at a high level how the allegation of Sexual Harassment could potentially be addressed at both the MEA level and as a criminal matter with local law enforcement.
5. Grounds for Dismissal

At any time during the Investigation or Resolution Process, the following Dismissal provisions apply.

1. Mandatory Dismissal

Title IX requires the President or Program Manager to dismiss the complaint, if (1) even if proved, the alleged behavior would not constitute Sexual Harassment; (2) the alleged behavior did not occur in MEA education program or activity; or (3) the alleged behavior did not occur against a person in the United States.

1. Permissive Dismissal

The President or Program Manager may dismiss a formal complaint if (1) the Complainant notifies the President or Program Manager in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; (2) Respondent is no longer enrolled or employed by MEA; or (3) specific circumstances prevent the MEA from gathering sufficient evidence to reach a determination as to the formal complaint or allegations therein.

1. Dismissal Procedures

Upon dismissal, the President or Program Manager shall promptly send written notice of dismissal and the reasons for the dismissal simultaneously to the parties, which shall be appealable as described in Section VII Appeals, herein. If a case is required to be dismissed on Title IX grounds because alleged conduct was not Sexual Harassment, but such alleged conduct, if proved, would be prohibited conduct under a different MEA policy, the President or Program Manager shall provide the notice required herein, as well as the opportunity to appeal, but may continue to process such complaint under the grievance procedures in Student Discrimination, Harassment or Retaliation Complaint Operating Procedure 400.5, applicable to students, or Employee Discrimination, Harassment or Retaliation Complaint Operating Procedure 400.6, applicable to employees.

1. Resolution

The President or Program Manager must determine if the Complainant wishes to proceed through an Informal Resolution process, Formal Resolution process, or to withdraw the complaint, which may result in no resolution process of any kind.

1. Informal Resolution

Following the filing of a formal complaint, a party may request a less formal proceeding, known as Informal Resolution, except that Informal Resolution is not available to resolve allegations that an employee engaged in Sexual Harassment towards a student. Both parties must agree, voluntarily and in writing, to engage in informal resolution following written notice from the President or Program Manager describing the consequences resulting from participating in Informal Resolution, including the records that will be maintained or could be shared.

1. Purpose. Informal Resolution provides an opportunity for the Complainant and the Respondent to seek resolution informally and will provide an opportunity for the Complainant and Respondent to communicate their feelings and perceptions regarding the incident, the impact of the incident, and their wishes and expectations for the future.
2. Informal Resolution Process. If the parties agree to Informal Resolution, the President, Program Manager or designee will neutrally facilitate communication with the parties (either separately or together, as appropriate) to reach a mutually agreeable resolution, which will be memorialized in an Informal Resolution agreement, and the complaint will be resolved. The Informal Resolution agreement will generally be reached within ninety (90) days from initiation of the Informal Resolution process. If a mutually agreeable resolution between the Complainant and the Respondent cannot be reached, the complaint will proceed through Formal Resolution.
3. Third Parties. The Complainant and the Respondent each may bring a third party for support as the party participates in the Informal Resolution process; however, third parties may not participate other than to support and confer privately with the individual the third party is intended to support.
4. Privacy of Informal Resolution. In order to promote honest, direct communication, information disclosed during Informal Resolution will remain private while the Informal Resolution is pending, except where disclosure may be required by law or authorized in connection with duties on behalf of MEA.
5. Conversion to Formal Resolution. The Complainant or Respondent may, at any time prior to the conclusion of Informal Resolution, elect to end such proceedings and initiate Formal Resolution instead.
6. Formal Resolution

Following the conclusion of the investigation, if not otherwise resolved or dismissed the President or Program Manager shall appoint a Hearing Officer and schedule a live hearing on the matter, requiring the attendance of the Hearing Officer, Respondent, Complainant, the party’s individual advisors, and witnesses. The Hearing Officer shall serve as the decision-maker.

1. Hearing Procedures. The hearing may be held in person or by video conferencing technology that allows the parties to see and hear each other in real time. If the hearing is held in person, either party may request that the parties be in separate rooms with technology enabling the parties to see and hear questioning in real time. An audio recording, audiovisual recording, or transcript will also be taken.

No opening or closing statements will be allowed. Each hearing shall consist of questioning of the witnesses by the hearing officer, followed by direct and cross examination of the witnesses by the parties. The Hearing Officer will set the time for direct and cross examinations of each witness, which shall be applied equally to both parties’ witnesses. Advisors’ only role during the hearing will be to convey their party’s questions to witnesses following a ruling by the Hearing Officer on the relevancy of each proposed question. The Hearing Officer will provide an explanation of the ruling if a proposed question is not relevant. If relevant, the advisor may ask the question of a witness. The Hearing Officer may consider statements made by a party or witness that has not been subject to cross examination but will not draw an inference based on a party or witnesses’ refusal to submit to cross examination.

2. Advisors. Each party may select an advisor for support during the Formal Resolution process. If a party does not have an advisor prior to any live hearing the party will forfeit the right to have an advisor present during proceedings. If a party does not appear at a hearing, MEA will appoint an advisor for such party. The advisor’s only purpose is to ask questions in cross examination. As such, the advisor is not intended to have any specific legal knowledge and as such, shall have no expectation to provide substantive advice to the party.
3. Standard of Proof. Evidence of alleged Sexual Harassment will be evaluated under the “Preponderance of the Evidence” standard. In the context of a review of the Investigators’ investigative report and witness testimony at the live hearing, the Respondent will only be found to be responsible for the alleged Sexual Harassment if the Hearing Officer concludes that such Sexual Harassment more likely than not occurred based upon careful review of all information presented.
4. Conversion to Informal Resolution. At any time during the Formal Resolution process, the Complainant or Respondent may request to convert to Informal Resolution, by making such request to the President or Program Manager prior to a Final Outcome. Both parties must agree, voluntarily and in writing.
5. Final Outcome. Following the conclusion of the live hearing and within no more than ten (10) days, the Hearing Officer will make a determination and prepare a Final Outcome Letter. The Final Outcome Letter shall be provided to both parties and must contain (1) findings of fact; (2) conclusion on whether the conduct occurred; (3) rationale for conclusion; (4) any disciplinary sanctions; and (5) any remedies for the Complainant. The Hearing Officer shall consult with the President regarding appropriate discipline.
6. Sanctions. Any student or employee found responsible for Sexual Harassment through this grievance process is subject to discipline in accordance with the Student Disciplinary Action Policy 400.1. In determining an appropriate disciplinary action, any record of past violations of MEA policies and procedures, as well as the nature and severity of such past violation(s) may be taken into consideration. The purpose of the discipline will be to: a) bring an end to the violation in question, b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation on the Complainant and MEA community. Any discipline imposed will be explained or supported in the Final Outcome Letter.
7. Appeals
8. Grounds for Appeal

Either party may petition to appeal the final determination regarding responsibility or dismissal of a formal complaint or any allegations therein only on the following grounds: (1) procedural irregularity that affected the outcome of the matter; (2) new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and (3) the President, Program Manager, or Hearing Officer had a conflict of interest or bias for or against the Complainant or Respondent generally or the individual Complainant or Respondent that affected the outcome of the matter.

1. Appeals Process

Where grounds for appeal exist, the appealing party must submit an appeal (if a student) to the President of MEA in writing within ten (10) business days of the date the Final Outcome Letter or notice of dismissal is delivered to the parties. The notice of appeal must describe in detail the grounds for appeal. Either the President or designee (the “Reviewing Officer”) will be responsible for overseeing the review and making the final determination. Upon receipt of a valid appeal request, the Reviewing Officer will accept such appeal request, will put the non-appealing party on notice allowing the non-appealing party to submit a response directly related to the appeal notice and will review the notice of appeal and any additional documentation with respect to the procedural appeal prior to determining whether a procedure was appropriately followed. If the Reviewing Officer determines that the alleged basis for appeal affected the outcome, then the Reviewing Officer will put the parties on notice of such determination, will allow for such basis to be corrected as appropriate (which may include allowing for additional witness statements and/or documentation in certain circumstances). As applicable, the Reviewing Officer will then review the formal complaint, any investigative report, as well as supporting evidence, any hearing transcript or recording, and any notice of dismissal or Final Outcome Letter before making an initial ruling regarding the original complaint, which shall be limited to the Grounds of Appeal described herein and issued within fourteen (14) business days of the date the appeal is submitted. If additional time is needed to complete this review, the Reviewing Officer shall notify the Complainant and the Respondent that the review has been delayed and indicate the reasons for the delay. The Reviewing Officer, if not the President, shall provide the initial ruling to the President with the Reviewing Officer’s factual findings, and within thirty (30) days of the date of the appeal, the President will make a final ruling/determination whether the dismissal or Final Outcome is supported by the evidence and if additional action is necessary. Decisions by the President are final and not subject to appeal by either party.

1. Effective Date of Sanction

Sanctions imposed for Sexual Harassment are not effective until the resolution of any timely appeal of the decision.

VIII. Miscellaneous.

1. Privacy

Participants in the complaint resolution process should respect the matter as confidential. All information revealed and all discussions held shall be confidential within legal requirements and organizational responsibilities, as provided in accordance with MEA policies and procedures and applicable law.

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