IV. Complaint Resolution Process

The College will respond to any alleged violation of this policy received by the Title IX Coordinator or Deputy Coordinators. This section outlines ways in which offenses can be reported by individuals choosing to pursue complaint options. Additional resource‐related information can be found in Section VIII.

A.    Confidentiality and Reporting of Offenses

Northampton Community College will make every effort to safeguard the identities of individuals who seek help and/or report discrimination, harassment, and/or retaliation. While steps are taken to protect the privacy of victims, College’s ability to respond may be limited in the event of a request for confidentiality. The College may need to investigate an incident and take action once an allegation is known, whether or not the reporting individual chooses to pursue a complaint.

When a report is made, personally identifiable information (name of Reporting Party, name of Responding Party, etc.) may be initially withheld in cases where the victim is hesitant to come forward. Subsequently, campus officials may need additional information. The College’s Title IX Coordinator or Deputy Coordinator will conduct an initial inquiry, looking for any sign of pattern, predation, violence, or threat. When such exists, institutional action may be required in an effort to ensure campus safety.

No employee should ever promise absolute confidentiality except those as described below in Section IV.A.2. Reports may be private, but not confidential, as described below in Section IV.A.3. Reports to police and/or Title IX officials do not obligate the Reporting Party to file any criminal or College conduct charges.

The College will not pursue disciplinary action for improper use of alcohol or other drugs against an alleged victim of sexual misconduct or against another student who shares information as either a witness to or as a reporter of sexual misconduct as long as the report is made in good faith. See “Good Samaritan Provision,” Appendix 4

Deliberately false and/or malicious accusations of discrimination, harassment, or retaliation, as opposed to complaints which, even if erroneous, are made in good faith, are just as serious an offense as discrimination, harassment, or retaliation and will be subject to appropriate disciplinary action.

Complaints and reports should be made as soon as possible after an incident. 

If the incident is an assault:

Report the incident:

• Local Police – Emergency – 911
• Bethlehem Township Police (non-emergency number) 610-759-2200
• Pocono Township Police (non-emergency number) 570-629-7323
• Bethlehem City Police (non-emergency number) 610-865-7187
• Campus Security
  • Bethlehem Campus (24 hrs.): 610-861-5588
  • Monroe Campus: 570-369-1911
  • Fowler: 484-390-3240

Seek immediate medical attention. Do not change clothing, shower, bathe, brush teeth or douche. Delay the above and going to the bathroom (if possible) until you are examined as this preserves evidence of the assault. Medical attention should be accessed at a local hospital.

• Easton Hospital: 610-250-4000
• Muhlenberg Hospital/LVH: 610-402-8000
• St. Luke’s Hospital: 484-526-4000
• Pocono Medical Center: 570-476-3367

Seek emotional support. It is important that you talk about this issue and that you tell someone you trust.

On‐campus you may contact:

Counseling Services: 610-861-5342

Health and Wellness Center staff: 610-861-5365

Residence Life staff: 610-861-5324 or 610-861-4115

Off-campus you may contact:

• Crime Victims Council/Sexual Assault 24-hour hotline (Bethlehem): 610-437-6610
• Women’s Resources Hotline (Monroe): 570-421-4200
• North Penn Legal Services: 610-317-5317

Options for filing a report include:

1. Anonymous and Third-Party Reporting

   The Title IX Coordinator and Deputy Coordinators accept anonymous and third-party reports of conduct alleged to violate this policy and will follow up on such reports. The individual making the report is encouraged to provide as much detailed information as possible to allow the Title IX Coordinator or Deputy Coordinators to coordinate an investigation and respond as appropriate. The College may be limited in its ability to investigate an anonymous or third party report unless sufficient information is provided. (See www.northampton.edu/reportit)

2. Confidential Reporting

   If a Reporting Party would like the details of an incident to be kept confidential, the Reporting Party may speak with counselors, health service providers, victim services advocates, domestic violence resources, local or state assistance agencies, or members of the clergy who are permitted by law to maintain confidentiality (except in extreme cases of immediacy of threat or danger or abuse of a minor). These sources may submit anonymous statistical information for timely warning and Clery Act purposes. If a Reporting Party is unsure of a resource’s ability to maintain confidentiality, the Reporting Party is advised to ask them before talking to them. NCC counselors for students and/or the Employee Assistance Program for employees are available to help free of charge and can be seen on an emergency basis.

3. Private Reporting

   Reports to College employees who are not confidential resources listed above in Section IV.A.2. should be treated with the maximum possible privacy. If a Reporting Party is unsure of a resource’s ability to maintain privacy, the Reporting Party is advised to ask them before talking to them. The resource will be able to explain the resource’s reporting obligations and help a Reporting Party make decisions about who is in the best position to help. If personally identifiable information is shared, it will be shared with as few people as possible under the circumstances and efforts will be made to protect privacy to the greatest extent reasonably possible.

4. Formal Reporting

   A Reporting Party is encouraged to speak to College officials, such as the Title IX Coordinator or Deputy Coordinators or NCC Public Safety, to make formal reports. A Reporting Party has the right, and can expect, to have reports taken seriously by the College when formally reported and to have those incidents investigated and properly resolved through these procedures or resolved through informal measures. Formal reporting still affords privacy to the Reporting Party and only a small group of officials who need to know will be told. Information will be shared as necessary with investigator(s), witnesses, the Responding Party, and a hearing board if deemed appropriate. The number of people with this knowledge will be kept as few as reasonably possible to preserve a Reporting Party’s rights and privacy.

5. Criminal Reporting

If someone is in immediate danger or is a victim of a crime, call 9‐1-1. Some acts of discrimination and harassment may also be crimes, such as sexual assault or stalking. Allegations of criminal conduct should be reported to law enforcement even when it is not clear whether the conduct rises to the level of a crime. Regardless, law enforcement can assist with obtaining medical care, getting immediate law enforcement response and protection, connecting with victim advocate services and counseling support, initiating a criminal investigation as appropriate, and answering questions about the criminal process.

B. Informal Resolution Process

Informal resolution is an alternative to the formal complaint resolution process after a formal complaint has been made to the Title IX Coordinator or respective Title IX Deputy Coordinators. The Title IX Coordinator will determine if informal resolution is appropriate, based on the willingness of the parties and the nature of the alleged conduct. Sanctions are only pursued as the result of an informal resolution process when the parties agree to such an informal resolution process and appropriate remedies. The Title IX Coordinator will keep records of any resolution that is reached. The College reserves the right to cancel informal resolution if sufficient evidence suggests a formal investigation or other sanctions or remedies may be necessary and appropriate.

To pursue informal resolution, it is necessary to first make a formal complaint. Anyone participating in informal resolution can stop that process at any time and request to continue through the formal process. Lastly, an informal resolution can be reached while navigating the formal resolution process, if agreed to by both parties.

Except in cases involving criminal activity and/or sexual assault, an employee alleging discrimination, harassment and/or retaliation against an employee under this policy is encouraged to consider an informal resolution. If it is appropriate, an attempt to facilitate an informal resolution of the matter will be made throughout the process. In the event that an informal resolution is not reached, is not appropriate, or is not pursued, the employee who is alleging the discrimination, harassment, or retaliation may initiate a formal investigation.

C. Formal Resolution Process

1. Filing a Complaint

Any individual who believes that this policy has been violated should contact the Title IX Coordinator or any Deputy Coordinator.

a. Complaint Intake

Following receipt of notice or a complaint, a Deputy Coordinator will make an initial determination as to whether the information has merit to reasonably indicate there may have been a violation of College policy. The Deputy Coordinator will then engage with the Reporting Party to confirm the receipt and submission of the formal complaint. After this Initial Inquiry step has been completed and the confirmation of a formal complaint by the Reporting Party, if it appears a violation may have occurred, an investigation of the complaint will begin. If the complaint does not appear to allege a policy violation or if conflict resolution is desired by the Reporting Party and appears appropriate given the nature of the alleged behavior, then the complaint does not proceed to investigation. An investigation will be pursued if there is sufficient information to suggest a policy violation, a pattern of misconduct, and/or a perceived threat of further harm to the community or any of its members may exist. Notwithstanding the above, if the conduct alleged in a formal complaint would not constitute sexual harassment even if proved, did not occur in the College’s education program or activity, or did not occur against a person in the United States, then the complaint will be dismissed with regard to the alleged conduct.

b. Interim Action

The College will offer supportive measures upon notice of alleged discrimination, harassment, and/or retaliation, and may take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest, or visitor who has violated this policy.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Reporting Party or Responding Party before or after the filing of a formal complaint, or where no formal complaint has been filed. These measures are designed to restore or preserve equal access to the College’s education programs or activities without unreasonably burdening either party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, safety planning, referral to campus and community resources, and other similar measures. Any supportive measures provided to the Reporting Party or Responding Party shall remain confidential to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

The College may remove, on an interim basis, a student, or place an employee on administrative leave pending the completion of the investigation and procedures. The College may also suspend a student organization on an interim basis. Prior to removing a student, the College will undertake an individualized safety and risk analysis in order to determine whether an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and will provide the Responding Party with notice and an opportunity to challenge the decision immediately following removal. In cases in which an interim suspension or administrative leave is imposed, a representative of the student organization or employee will be given the opportunity to meet with an appropriate administrator prior to such action being imposed, or as soon thereafter as reasonably possible, to show cause why the action should not be implemented. Violation of interim provisions, or failure to comply with supportive measures, will be grounds for disciplinary action.

During a removal or administrative leave, a student or employee may be denied access to College housing and/or the College campus, facilities, computer network, resources and/or events, either entirely or with specific application. As determined by the appropriate administrative officer, this restriction includes classes and/or all other College activities or privileges for which the individual might otherwise be eligible. At the discretion of the appropriate administrative officer, alternative coursework options may be pursued to ensure as minimal an impact as possible on the Responding Student. At the discretion of the appropriate administrative officer, alternative employment/work options may be pursued to ensure as minimal an impact as possible on the Responding Employee.

2. Notice of Charges

Once an investigation has begun and thus an Investigator has been assigned, the college will provide the following written notice to all parties involved: (1) a copy of the College’s grievance process outlined in this policy; and (2) notice of the allegations of sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. If the Responding Party is an employee, the written notice will be copied to the employee’s department head/director, dean, vice president, and president. If, in the course of an investigation, the College decides to investigate allegations about the Reporting Party or the Responding Party that are not included in the notices provided above, the College will provide notice of the additional allegations to the parties whose identities are known. There shall be a presumption that the Responding Party is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of this grievance process.

3. Investigation

If a Reporting Party wishes to pursue a formal complaint or if the College determines an investigation is necessary, the Title IX Coordinator will assign an investigator, usually within five business days of determining that a formal complaint should proceed. Investigations will be thorough and impartial and will entail interviews with relevant parties and witnesses, and obtaining available evidence. Both the Reporting Party and the Responding Party will have the opportunity to present witnesses with information pertinent to the alleged sexual harassment, sexual misconduct or sexual assault, and any relevant information.

The investigator will document the proceedings including evidence provided, any evidence deemed irrelevant, questions asked and questions also deemed irrelevant with respect to the alleged sexual harassment, sexual misconduct or sexual assault. Written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings will be provided to a party whose participation is invited or expected, with sufficient time for the party to prepare to participate.

Every effort will be made to avoid conflict of interest (real or perceived) during the Investigation and overall Title IX process. The College aims to complete investigations within 60 days, which can be extended as necessary for appropriate cause by the Title IX Coordinator with notice to the parties. An Investigation may take longer when initial complaints fail to provide direct first-hand information. The College may undertake a short delay (usually 3-10 days, to allow evidence collection) when criminal charges are being investigated. Reporting Parties will be informed, at regular intervals, of the status of the investigation. College action will continue regardless of the status of civil or criminal charges involving the same incident. A Reporting Party may proceed with both a criminal charge and a request for a College resolution simultaneously.

Prior to completion of the investigative report, the College will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have ten (10) days to submit a written response, which the Investigator will consider prior to completion of the investigative report.

Upon receipt of the Investigative Report, the Title IX Coordinator will forward the report to the parties involved to allow review of the completed report at least ten (10) days prior to a hearing. The Title IX Coordinator will also forward the report to the Title IX deputy overseeing the case, to prepare the Hearing Board for review.

4. Investigation Findings

For Students and Employees

The parties are entitled to a live hearing as part of the grievance process. The Hearing Board will determine if this policy has been violated by using a preponderance of the evidence standard. A finding of a policy violation by a preponderance of the evidence means that it is more likely than not that the policy violation occurred. If it is decided that no policy violation has occurred or that there is insufficient evidence, then the process will end, subject to an appeal as outlined below. Regardless of the outcome, notice will be delivered in writing by the Hearing Board, to the Reporting Party, the Responding Party, and the Title IX Coordinator.

A live hearing will proceed as follows:

• Both the Reporting and the Responding Party will receive equivalent notice of the process.
• Each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
• Cross-examination is required during the Hearing Board session and will occur after the Hearing Board has completed their round of questioning.
• To facilitate the cross-examination part of the hearing, an advisor must be present for each party. The advisor is the only entity for each respective party that is able to engage in the cross-examination questioning.
• If an advisor is not available to a party, the College will provide an advisor without fee or charge to the party.
• Cross-examination must be conducted directly, orally, and in real time by the party’s advisor.
• Only relevant cross-examination and other questions may be asked of a party or witness. Before a party or witness answers a question, the Hearing Board will determine whether the question is relevant, and explain any decision to exclude a question as not relevant.
• The Reporting Party and Responding Party are required to be present throughout the entire Hearing, along with witnesses and the Investigator involved in the case. Failure to participate will result in the striking of their testimony from throughout the process. However, the Hearing Board will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’ absence from the living hearing, or refusal to answer questions.
• The Reporting Party will be entitled to the same opportunity to have others present during a Hearing as is provided to the Responding Party, including residence hall staff and/or a College Support Person.
• Both the Reporting and the Responding Party will have the opportunity to present witnesses with information pertinent to the alleged sexual harassment, sexual misconduct or sexual assault, and any relevant information to the Hearing Board during the conduct process.
• The Reporting Party and Responding Party must be present during the entirety of the hearing. However, at the request of either party, the hearing can be held in the alternative format to allow the parties to be located in separate rooms with technology enabling the Hearing Board and the parties to simultaneously see and hear the party or witness answer questions.
• Questions and evidence about the Reporting Party’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Reporting Party’s prior sexual behavior are offered to prove that someone other than the Responding Party committed the alleged conduct, or if the questions and evidence concern specific incidents of the Reporting Party’s prior sexual behavior with respect to the respondent and are offered to prove consent. If the Responding Party is found responsible for the conduct alleged in the complaint, his or her past sexual misconduct, if any, may be considered in determining the appropriate outcome.
• The College will document the proceedings, which shall be made available to the parties for inspection and review.

Following the hearing, the Hearing Board, or designee, shall issue a written determination regarding responsibility for the alleged misconduct. The written determination will be provided to both parties simultaneously, as well as to the Title IX Coordinator. The determination will become final either on the date of notice of a written determination of the result of an appeal, if any, or, if no appeal is filed, the date on which an appeal would no longer be considered timely.

If, following a hearing, the Responding Party is found to have violated College policy, appropriate disciplinary sanctions will be determined by the Hearing Board after consultation with the Title IX Coordinator. The Hearing Board will notify the Reporting Party, the Responding Party, and the Title IX Coordinator in writing of the decision. This written decision must be issued within twenty business days of the date of receipt of the investigative report from the Title IX Coordinator.

5. Sanctions

Sanctions will be issued by the Hearing Board in consultation with the Title IX Coordinator as noted above in Section IV.C.4. Factors considered when determining a sanction may include:

• The nature of, severity of, and circumstances surrounding the violation
• The Responding Party’s disciplinary history
• Previously founded complaints or allegations against the Responding Party involving similar conduct
• Any other information deemed relevant by the Title IX Coordinator
• The need to bring an end to the discrimination, harassment, and/or retaliation
• The need to prevent the future recurrence of discrimination, harassment, and/or retaliation
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the victim and the community

1. Student Sanctions

   For examples of the range of potential disciplinary sanctions against students, see the section of the Student Handbook entitled Disciplinary Actions.

2. Employee Sanctions

Sanctions for an employee who has violated this policy may include, but are not limited to, verbal or written warning, required counseling, training, demotion, reassignment, suspension, and termination.

6. Appeals

Appeals of the decision of the Hearing Board, and from the dismissal of a formal complaint or any allegations therein, may be filed by the Reporting Party, the Responding Party, or both. All requests for appeal considerations must be submitted in writing to the Title IX Coordinator within five business days of the date of the final written notice.

Appeals are limited to the following bases:

• A procedural irregularity that affected the outcome.
• 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. A summary of this new evidence and its potential impact upon the investigation must be included in the appeal.
• The Title IX Coordinator, Investigator, or member of the Hearing Board had a conflict of interest or bias for or against reporting parties or responding parties generally, or the individual Reporting Party or Responding Party, that affected the outcome of the matter.
• The sanctions imposed are substantially disproportionate to the severity of the violation.

The original finding and sanction/responsive actions will stand if the appeal is not timely or is not based on the grounds listed above, and such a finding and sanction/responsive action(s) are final. When a party requests an appeal, the other party (parties) will be notified and given an opportunity to respond.

For students: In cases involving student conduct, the Vice President for Student Affairs and Enrollment (or designee) will review the appeal request(s).

For employees: In cases involving employee conduct, the Vice President, Finance and Operations (or designee) will review the appeal request(s).

Where the designee finds that at least one of the grounds is met, and proceeds with the appeal, additional principles governing the hearing of appeals include the following:

• The original decision will only be changed when there is a compelling justification to do so.
• Appeals are not intended to be full re‐hearings of the complaint. Appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the grounds for appeal.
• Each party shall be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome subject to appeal.
• Sanctions will not be imposed pending the outcome of the appeal. Interim and/or supportive measures may be imposed and/or continued as appropriate.
• The designee will render a decision within ten business days to the Title IX Coordinator who will normally provide simultaneous written notice of the appeal to all parties within three business days from the date of the appeal review.
• All parties will be informed of whether the grounds for an appeal are accepted and the results of the appeal decision.
• Once an appeal is decided, the outcome is final. Further appeals are not permitted under this policy.

7. Failure to Complete Sanctions

All Responding Parties are expected to comply with conduct sanctions within the time frame specified in their written notice. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions and/or suspension, expulsion, and/or termination from the College. For students, failure to comply may result in transcript notation and/or a hold to prevent future registration.