- Initial Assessment
- In order to proceed with an initial assessment, a report of Prohibited Conduct (excluding Title IX Sexual Misconduct) under this Policy must be submitted in writing to the AVP, ER&S, or to a member of the Equal Opportunity Office.
- A report may be submitted by any Reporting Party, but must identify a Complainant and Respondent, as well as a request for action to be taken by the College. Reports may be submitted via in writing or via email to the AVP, ER&S, or a member of the Equal Opportunity team, or through an online submission found at www.valenciacollege.edu/EO.
- Reports made to College employees, other than the AVP, ER&S and/or Equal Opportunity team, are not necessarily sufficient to initiate an Initial Assessment.
- Absent the necessary information or without a report being submitted as outlined above, the College may offer interim protective measures; however, the College may not be able to address the allegations through these established procedures.
Upon receipt of a report of Prohibited Conduct (excluding Title IX Sexual Misconduct), the College will review the allegations and information provided to make an initial assessment to determine if the alleged conduct could form a basis of a violation of this Policy, would be subject to another College Policy, or would not be applicable under College policies. Reasons that an Initial Assessment may lead to a determination that the conduct could not form the basis of a violation of this Policy include, and are not limited to:
- A determination that the alleged conduct could not have occurred;
- A lack of continued participation, information, or communication from the Complainant limiting the College’s ability to effectively assess the allegations.
- A determination that the impact on the Complainant could not have substantially interfered with their educational or work environment;
- A determination that the Complainant is not a member of a protected class covered by this Policy or that the Complainant has not identified an applicable Protected Status;
- A determination that the College lacks jurisdiction over the Complainant, the Respondent, and/or the alleged conduct;
- An admission by the Complainant that the alleged conduct did not occur;
- A determination that, even if the alleged conduct occurred, it could not form the basis for a finding of Discrimination or Harassment under this Policy; or
- A determination by and in the discretion of the AVP, ER&S, that a full investigation would have a negative impact on the health, safety, welfare, or well-being of the Complainant, Respondent, any witness, or the College community as a whole.
In no event will an investigation be avoided solely due to the personal or professional interests of the parties, for purposes of delay, or to prejudice the rights of any individual.
The AVP, ER&S, will provide written approval of the determination made for each Initial Assessment. If the report concerns the AVP, ER&S, the Chief Human Resources Officer, will provide written approval of the determination made for the Initial Assessment. If the allegations would more appropriately be addressed through another policy, the College will notify the Complainant in writing of the result of the Initial Assessment and provide information as to alternative College resources to appropriately address the allegation. The AVP, ER&S, retains the discretion to open separate investigations into potential patterns of behavior that may, taken together, constitute violations of this Policy.
- Interim Protective Measures
When a report is received, the AVP, ER&S (or designee), in consultation with the Equal Opportunity Office and other administrators as needed, will provide reasonable and appropriate Interim Protective Measures when necessary to protect the safety of the parties or witnesses involved. Interim Protective Measures are temporary actions taken by the College to ensure equal access to its education programs and activities and foster a stable and safe environment during the process of reporting, investigation, and/or resolution. These measures are designed, as appropriate, to restore or preserve access to education without unreasonably burdening any party and are intended to be non-disciplinary and non-punitive. As determined to be appropriate in the sole discretion of the College, Interim Protective Measures may be applied or modified at any time—for the Complainant, the Respondent, and other involved individuals as appropriate to ensure their safety and well-being. Interim Protective Measures may be requested by the parties or imposed by the College at any time, regardless of whether any particular course of action is sought by the Complainant. Interim measures will be kept private to the extent practical.
Interim Protective Measures are initiated based on information gathered during a report and generally are not intended to be permanent resolutions; hence, they may be amended, withdrawn, or made permanent resulting from a remedies-based resolution or investigation. The AVP, ER&S (or designee) will maintain consistent contact with the parties so that safety, emotional, and physical well-being concerns can be reasonably addressed.
In the event that a Complainant does not wish to proceed with an investigation or remedies based resolution under these procedures, the AVP, ER&S, will determine, based on the available information, including information learned in the Initial Assessment or as part of the investigation, whether the investigation should nonetheless be initiated or if already begun, continue. In making this determination, the College will consider, in light of the facts and circumstances of the reported matter and among other factors,
- The seriousness and impact of the conduct;
- The respective ages and roles of the Complainant and Respondent;
- Whether the Complainant is a minor under the age of 18;
- Whether the Respondent has admitted to the conduct;
- Whether the Respondent has a pattern of similar conduct, including whether there have been other reports of Harassment or misconduct against the Respondent;
- The extent of prior remedial methods taken with the Respondent;
- The rights of the Respondent to receive notice and relevant information before disciplinary action is sought;
- If circumstances suggest there is an increased risk of the Respondent committing additional acts of Prohibited Conduct;
- Whether the Respondent has a history of arrests or records indicating a history of Prohibited Conduct;
- Whether the Respondent threatened further Prohibited Conduct against the Complainant or others;
- Whether the Prohibited Conduct was committed by multiple individuals;
- If the circumstances suggest there is an increased risk of future Prohibited Conduct under similar circumstances;
- Whether the Prohibited Conduct was perpetrated with a weapon;
- The existence of independent evidence;
- Whether the College possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence);
- Whether the Complainant wants to participate in an investigation or disciplinary hearing; and
- Whether the Complainant has requested anonymity.
All individuals are encouraged to report concerns about the adequacy of the Interim Protective Measures or failure of another individual to abide by any Interim Protective Measure to the AVP, ER&S. Violations of Interim Protective Measures will be addressed under this Policy, or through other applicable College policies. The AVP, ER&S, will take appropriate, responsive, and prompt action to enforce Interim Protective Measures and/or to respond to Retaliation by another party or witness. The range of Interim Protective Measures includes and is not limited to:
- Assistance in setting up initial appointments off campus.
- Imposition of a trespass warning issued by local law enforcement, in partnership with Safety & Security and/or a college-issued “No-Contact Order.”
- Rescheduling of exams and assignments.
- Providing alternative course completion options.
- Change in class schedule, including the ability to drop a course without penalty or to transfer sections.
- Change in work schedule, work location, or job assignment.
- Limiting or prohibiting access to College facilities or activities pending resolution of the matter.
- Leave of absence (voluntary or involuntary).
- Providing an escort to ensure safe movement between classes and activities.
- Providing academic support services, such as tutoring.
- College-imposed leave, suspension, or separation for the Respondent.
- Any other appropriate measure which can be tailored to the involved individuals to achieve the goals of this Policy.
When the report of Prohibited Conduct poses a substantial and immediate threat of harm to the safety or well-being of an individual, members of the campus community, or the performance of normal College functions, the AVP, ER&S, may place a student or student organization on interim suspension or impose leave or place an employee on administrative leave. Pending resolution of the report, the individual or organization may be denied access to campus, campus facilities, and/or all other College activities or privileges for which they might otherwise be eligible, as the College determines appropriate. When interim suspension or leave is imposed, the College will make reasonable efforts to complete the investigation and resolution within an expedited time frame.
- Determination to Proceed to Remedies Based Response or Investigation
At the conclusion of the Initial Assessment, the AVP, ER&S, in coordination with the Equal Opportunity Office (as appropriate), will determine the appropriate manner of resolution, which may include remedies-based resolution, the initiation of an investigation to determine if disciplinary action is warranted, or no further action under this Policy based on the information gathered as part of the Initial Assessment. Any individual wishing to explore alternative resolution methods is encouraged to discuss these options with the AVP, ER&S, or a staff member in Equal Opportunity. The College will consider the interest of the Complainant and the Complainant’s expressed preference for manner of resolution. When possible and as warranted by an assessment of the facts and circumstances, the College will seek action consistent with the Complainant’s request. Participation in remedies-based resolution by the Complainant and Respondent is voluntary, and a Complainant or Respondent may request to end remedies-based resolution and initiate, and/or continue with, an investigation at any time. Requests must be made in writing to the AVP, ER&S, who has the discretion to determine which method of resolution is appropriate.
Following the Initial Assessment, the College may take no further action under this Policy, or may seek either a voluntary remedies-based resolution that does not involve disciplinary action against a Respondent, or a resolution by initiating an investigation, which may result in disciplinary action against a Respondent. The goal of the investigation is to gather all relevant facts and determine if there is sufficient information to suggest a violation of this Policy and therefore to refer the report for disciplinary action. Each resolution process is guided by the same principles of fairness and respect for all parties. All individuals who violate these standards will be held accountable for their behavior through a process that protects the rights of both the Complainant and the Respondent. Resources are available for both students and employees, whether as Complainants or Respondents, to provide support and guidance throughout the investigation and resolution of the report.
- Remedies-Based Resolution
Remedies-based resolution is a voluntary approach designed to address possible Discrimination or Harassment without taking disciplinary action against a Respondent. When the Initial Assessment concludes that remedies-based resolution may be appropriate, the College will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to educational, extracurricular, and employment activities at the College and to address a possible hostile environment without requiring a finding of or admission of responsibility on the part of the Respondent. Other potential remedies include targeted or broad-based educational programming or training, supported direct confrontation of the Respondent and/or indirect action by the AVP, ER&S (or designee), or the College. Depending on the form of remedies-based resolution used, it may be possible for a Complainant to maintain anonymity from the Respondent.
The College may offer mediation for appropriate cases, but will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of remedies-based resolution. The decision to pursue remedies-based resolution will be made when the College has sufficient information about the nature and scope of the conduct, which may occur at any time.
The AVP, ER&S, will maintain records of all reports and conduct referred for remedies-based resolution, which will typically be completed within twenty-five (25) College Business Days of the conclusion of the initial assessment.
- Investigation
When the Initial Assessment concludes that reported conduct may have violated this Policy, that disciplinary action may be appropriate, and the conduct is not being addressed through a remedies-based resolution the College will initiate an investigation. The College will designate an investigator(s) who may be an employee of the College or an external investigator engaged to assist the College in its fact-gathering. Any investigator(s) chosen to conduct the investigation must be impartial and free of any actual conflict of interest. The College may use a team of two or more investigators, when appropriate.
It is the responsibility of the College, not of the parties, to gather relevant information, to the extent reasonably possible. The investigator(s) will conduct the investigation in a manner appropriate in light of the circumstances of the case. The investigator(s) will coordinate the gathering of information from the Complainant, the Respondent, and any other individuals who may have information relevant to the determination. The investigator(s) will also gather any available physical evidence, including documents, communications between the parties, and other electronic records as appropriate. The Complainant and Respondent will have an equal opportunity to be heard, to submit information, and to identify witnesses who may have relevant information. Witnesses must have observed the acts in question or have information relevant to the incident and cannot participate solely to speak about an individual’s character.
Medical and counseling records of a Complainant or Respondent are privileged confidential records that individuals are not required to disclose. However, these records may contain information that a party may voluntarily choose to share with the investigator(s). Any records provided by a party become part of the file and are available for review by the opposing party.
In gathering the facts, the investigator(s) may consider other allegations of, or findings of responsibility for, similar conduct by the Respondent to the extent such information is relevant and available. Such information may prove to be relevant.
The investigation is designed to provide a fair and reliable gathering of the facts. The investigation will be thorough, impartial, and fair, and all individuals will be treated with appropriate sensitivity and respect. The investigation will be conducted in a manner that is respectful of individual privacy concerns. A Complainant or Respondent may have an Advisor accompany them to any meeting they attend related to the investigation of Prohibited Conduct in accordance with this Policy and procedures.
The College will seek to complete the fact-gathering in an investigation within twenty (20) College Business Days of completion of an initial assessment, but this time frame may be extended for good cause.
Information gathered during the review of investigation will be used to evaluate the responsibility of the Respondent, provide for the safety of the Complainant and the College campus community, and take appropriate measures designed to end the misconduct, prevent its recurrence, and address its effects.
How the College intends to proceed, i.e., remedies-based resolution or investigation, will be communicated to the Complainant in writing. Depending on the circumstances and requested resolution, the Respondent may or may not be notified of the report or resolution. A Respondent will be notified when the College seeks action that would impact a Respondent, such as Interim Protective Measures that restrict the Respondent’s movement on campus, the initiation of an investigation, or the request to involve the Responding Party in a voluntary, remedies-based resolution.
- Review of Investigation Report
At the conclusion of the investigation, the investigator(s) will prepare a written investigation report that summarizes the information gathered and synthesizes the contested and uncontested issues of fact and any supporting information or accounts. In preparing the investigation report, the investigator(s) will review all facts gathered to determine whether the information is relevant and material to the determination of responsibility given the nature of the allegation.
- Resolution of the Investigation Report
Before the investigator’s report is finalized, the Complainant and Respondent will be given the opportunity to review all information that will be used in adjudication of the matter. This includes any relevant information gathered including, but not limited to documents and written statements of the parties or witnesses. The Complainant and Respondent may submit any additional comment or information, including identifying any additional witnesses, to the investigation team within five (5) College business days of the opportunity to review the relevant portions of the report. Upon receipt of any additional information by the Complainant or Respondent or after the five (5) College business days comment period has lapsed without comment, the investigator(s) will make a finding as to whether there is sufficient information alleged to suggest that a policy violation occurred.
After consultation with the AVP, ER&S, the investigator(s) will submit the final report to the Chief Human Resources Officer (or designee) if the Respondent is an employee; or to the Vice President, Student Affairs (or designee) if the Respondent is a student, who will review the investigation report and determine whether or not to accept the findings of the investigator(s).
Upon receipt and review of the investigation report, the Chief Human Resources Officer (or designee), or Vice President, Student Affairs (or designee) may request the investigator(s) conduct additional fact-gathering and/or possible further investigation. In addition to accepting the findings of the investigator(s), the Vice President may reject the report in whole or may suspend a decision pending further review by the investigator for purposes of additional fact gathering or clarification.
A letter summarizing the decision by the Chief Human Resources Officer (or designee) or Vice President, Student Affairs (or designee) and the investigation report, will then be issued to the Complainant, the Respondent, and to the Vice President/Provost and immediate supervisor (in cases when the responding party is an employee) for further consideration of disciplinary action after any appeal process has concluded. Should the decision be a finding of responsibility, the decision letter will identify an Appeals Officer.
A finding of responsibility for a violation of this Policy may be appealed by the Respondent to the designated Appeals Officer. The Appeals Officer is typically a vice president or senior level administrator.
The appeal shall consist of a specific, concise, and complete written statement outlining the grounds for the appeal. The limited grounds for appeal are as follows:
- New information that could affect the finding by the investigator(s) and that was not reasonably available through the exercise of due diligence at the time of the investigation; and/or
- Material deviation(s) from written procedures that significantly affected the outcome.
Mere dissatisfaction or disagreement with the finding of responsibility is not a valid basis for appeal.
The issues raised on appeal shall be limited to those issues raised during the investigation. Any issues not raised during the investigation or new issues that could have been raised, but were not, shall be precluded on appeal. To secure an appeal, the Respondent must file a written request to have the finding reviewed with the designated Appeals Officer no later than five (5) College Business Days from the date on which the party receives a copy of the final report.
Upon acceptance of an appeal, the Appeals Officer shall notify the Complainant and Respondent, the Chief Human Resources Officer (or designee) or the Vice President for Student Affairs (or designee), the AVP, ER&S, and those individuals who received a copy of the final investigation report.
The Appeals Officer shall consider the facts in support of the request and seek clarification of facts as deemed necessary. The Appeals Officer may request further investigation or that the investigator(s) address particular issues. If the Appeals Officer receives new information (not reasonably available through the exercise of due diligence at the time of the investigation) pursuant to the Appeals Officer’s efforts to clarify facts, that the Appeals Officer believes may change the outcome, the Appeals Officer shall ask the Chief Human Resources Officer (or designee), or Vice President, Student Affairs (or designee), to reconsider their acceptance or rejection of the findings in light of the new information. The Chief Human Resources Officer (or designee), or Vice President, Student Affairs (or designee) shall inform the Appeals Officer of the reconsidered finding. The Appeals Officer shall apprise the Complainant and Respondent of the new information and the reconsidered finding so that each has an opportunity to review and refute any such additional information before the Appeals Officer renders a final decision.
The Appeals Officer shall communicate the results of the appeal to the Complainant and Respondent within fifteen (15) College Business Days from the date of submission of all necessary appeal documentation. The Appeals Officer’s written decision shall be provided to the Complainant and Respondent, the Chief Human Resources Officer or Vice President for Student Affairs, the AVP, ER&S, and those individuals who received a copy of the original investigation report. The Appeals Officer may accept or reject, the findings of the Vice President in whole or in part. The decision on whether or not the alleged conduct actually occurred and constituted a violation of this Policy made by the Appeals Officer shall be final.
An investigation shall be considered complete and the investigation shall be closed after the period has passed within which the Respondent may submit an appeal, if none has been submitted, or following a final decision by the Appeals Officer, if the Respondent has requested an appeal. A matter also may be closed administratively when the Chief Human Resources Officer, Vice President for Student Affairs, and/or the AVP, ER&S decides that further investigation is either impossible or unnecessary.
Circumstances may arise that require the extension of time frames for good cause, including extension beyond fifteen (15) College Business Days. Such circumstances may include the complexity of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening College break or planned leave (vacation/sick/personal) of involved parties, or other unforeseen circumstances.
An employee who is found responsible for violating this Policy will then be referred to their immediate supervisor and/or their respective Vice President/Provost for possible disciplinary action under applicable College policies.
A student who is found responsible for violating this Policy will then be referred to the Assistant Vice President, Holistic Support, for possible disciplinary action under College Policy 6Hx28: 8-03 Student Code of Conduct.
- Timeframes for Resolution
The College will make every effort to successfully resolve all reports within sixty (60) College Business Days. All time frames expressed in this Policy are meant to be guidelines rather than rigid requirements. Circumstances may arise that require the extension of time frames for good cause, including extension beyond sixty (60) College Business Days. Such circumstances may include the complexity of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening College break or planned leave (vacation/sick/personal) of involved parties, or other unforeseen circumstances.
In general, a Complainant and Respondent can expect that the process will proceed according to the time frames provided in this Policy. In the event that the investigation and resolution time frames are extended for good cause, the College will notify all parties of the reason for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness. All parties involved are entitled to periodic status updates on the process and any subsequent appeals.
- Obligation to Present Truthful Information
The College takes the validity of information seriously because a report of Prohibited Conduct may have severe consequences. Any individual who makes a report or provides information as part of a review or an investigation that is later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action and may also violate state criminal statutes and civil defamation laws. These provisions do not apply to reports or responses made in good faith, even if the facts alleged in the report or the response are not substantiated by an investigation.
- Alcohol and Drug Violation Amnesty
Valencia College believes in providing a safe, inclusive community for students, faculty, staff, and visitors at any of our campuses. We also believe that our community members have a unique role in ensuring the safety and inclusion of others by reporting incidents of Sexual Harassment, Sexual Assault, Interpersonal Violence, and Stalking that jeopardize this community. We understand the fear associated with reporting, particularly if the incident also involved underage alcohol use/possession or the use of illicit drugs. Although the College does not condone these behaviors, we do not desire them to become obstacles in reporting. Therefore, Reporting Parties or Complainants who make good faith reports regarding allegations of Discrimination, Harassment, or related misconduct, will not be subject to formal disciplinary action for their use or possession of alcohol or illicit drugs related to the reported incident.
- Retaliation
During the investigation and resolution of violations of this Policy that are alleged in good faith, reasonable steps will be taken to protect the Complainant, the Respondent, and other participants in the reporting, investigation, and resolution process from Retaliation.
Retaliation is a violation of this Policy. Any individual who engages in Retaliation will be subject to prompt and appropriate disciplinary action. Individuals who have a concern about potential or actual Retaliation should contact the Chief Human Resources Officer, for assistance in addressing the concern. If the concern about Retaliation involves the Chief Human Resources Officer, an individual may contact the Director of Compliance and Audit at InternalAudit@valenciacollege.edu or by telephone at 407-582-3253.
- Advisors and Attorneys
At any point during the processes listed above, the Complainant and Respondent have the right to be assisted by an Advisor of their choice, which may include an attorney, however, an attorney may not represent their client as part of this process. Under no circumstances may an Advisor be a witness. The Advisor may accompany the Complainant or Respondent to any meeting with an investigator or a College employee. Persons who serve as Advisors should plan to make themselves available for meetings throughout the process. The Advisor is a silent and non-participating presence who solely observes and provides support during the investigation process. During proceedings, the Advisor may speak only to the party by whom they were invited. Any exceptions to this prohibition will be at the sole discretion of the AVP, ER&S (or designee). The AVP, ER&S, has the right at all times to determine what constitutes appropriate behavior on the part of an Advisor.
Any party may seek the assistance of an attorney at their own expense. This process is not a legal proceeding and should not be regarded as such. Similarly, the College will not recognize or enforce agreements between the parties reached outside of these procedures.