Standard of Proof
The allegations of unlawful discrimination against Respondent will either be Substantiated or there will be a Failure to Substantiate the allegations based on a preponderance of the evidence meaning that it is more likely than not that s/he has violated applicable policies and procedures. The Investigative Findings shall be based upon the thorough investigation of allegations, and the weighing of evidence in totality by the Investigator.
Impartial Decision Maker: Anyone involved in the processes described above who believes that the Investigator cannot be impartial should immediately notify the Office of Staff & Student Diversity of his or her concerns/reasons for the belief that bias or prejudice exists. Allegations of bias should be based on the party's belief that either the Investigator has had contact or prior significant involvement with any party named in the complaint and that such contact or involvement prevents the individual from assessing the facts without bias or, that the Investigator may personally benefit or avoid detriment from the outcome of the investigation. If the District President believes the objection has merit, the decision making will be promptly assigned to another Investigator.
Conflicts of Interest: The District is committed to objective evaluation of complaints and will take affirmative steps to avoid any actual or apparent conflict of interest in the investigatory process. If any of the parties believe that there is a real or potential conflict of interest for the Investigator, they should bring their concerns to the notice of the District President or Director of Staff & Student Diversity. If a real or apparent conflict of interest exists then the District will designate another Investigator to assist in the process.
Academic Appeals: Academic disputes, such as petitions for grade or schedule changes, that do not allege unlawful discrimination will be referred to Academic Affairs.
Anonymous Complaints: The District will respond to the extent possible to anonymous reports of discrimination or harassment or reports made by third parties not directly involved in the discrimination or harassment. However, the response to such reports may be severely limited if information contained in the reports cannot be verified by independent facts.
Student Conduct: Complaints of student behavior, including but not limited to disruptive or disrespectful conduct in the classroom, will be referred to the Director of Student Development.
Workplace Conflicts: Workplace conflicts that do not allege violations of employment laws, equal educational opportunity laws or affirmative action violations (or District policies related to these laws) will be referred to Human Resources or any applicable Bargaining Unit representatives.