Formal Resolution Process
The process to complete a formal investigation starts with filing a complaint using the Unlawful Discrimination Complaint Form. Upon completion of the form the Title IX Coordinator or his/her designee will receive the form, and if fulfilling the requirements found in the California Code Of Regulations Title 5 § 59328, a formal investigation may be conducted.
Formal Resolution can occur in one of two situations; when informal resolution is deemed inappropriate or when the complainant submits a formal written complaint. If the formal process is desired or chosen an investigation will begin. The investigation will include interviews conducted with the complainant, the accused, and any other persons who may have relevant knowledge of the complaint. The investigator conducting the interviews will gather and assess all factual information and the context in which the alleged incidents occurred to determine if the alleged conduct constitutes harassment or other unlawful discriminatory conduct. The investigation will conclude with a written report of the findings including a description of the circumstances giving rise to the complaint, a summary of the testimony of each witness, an analysis of any relevant data or other evidence collected during the investigation, a specific finding as to whether discrimination did or did not occur with respect to each allegation in the complaint, and any other appropriate information.
After completing the written report Mt. San Antonio College will provide the complainant and accused with an administrative determination that includes a summary of the investigative report within ninety days from the date the College received the complaint. The complainant and accused shall also be provided with a written notice setting forth the determination of the Title IX Coordinator or his/her designee, as to whether harassment or other discriminatory conduct did or did not occur with respect to each allegation in the complaint; a description of action taken, if any, to prevent similar problems from occurring in the future; the proposed resolution of the complaint; and notice of the complainant’s rights to appeal to the College's Board of Trustees and the Chancellor’s Office of the California Community Colleges. The results of the investigation and the determination as to whether harassment or other discriminatory conduct occurred shall also be reported to the accused, and the appropriate academic or administrative official(s). Reports to the complainant shall be prepared so as not to violate any applicable privacy rights of the accused.
Complete steps of an investigation and a review of the information above can be found in the Administrative Procedure 3435 – Discrimination and Harassment Investigations.