Disciplinary Action

When the investigative findings of the Affirmative Action Officer/Title IX Coordinator (together with the appeal decision in cases in which there is an appeal) are received by the appropriate Vice President, Provost, or Associate Commissioner, the appropriate Vice President, Provost, or Associate Commissioner in consultation with the institution’s/OPC’s Office of Human Resources, shall render a written determination (which includes a statement of the rationale for the determination) regarding the appropriate disciplinary and/or corrective action, if any, and provide a copy of the written determination to the Respondent. In cases involving allegations of sexual violence, a copy of the written determination will also be provided to the Complainant. Such disciplinary and/or corrective action may include but is not limited to: reprimand, required counseling, suspension, demotion, or termination.

Disciplinary action will follow the procedural requirements of applicable collective bargaining agreements and any applicable statutory and judicial mandates. The Vice President/Provost/Associate Commissioner will be responsible for the implementation of all such disciplinary/corrective action measures. A record of the outcome of each case will remain a part of the permanent file of the case maintained by the Affirmative Action Office/Title IX Coordinator.

POST-PROCEEDING PROTECTIVE MEASURES

In appropriate cases, the Vice President/Provost or Associate Commissioner, in consultation with the Institution’s/OPC’s Office of Human Resources and/or Director/Office of Student Affairs, may direct that certain measures be instituted or provided, to protect or safeguard the Complainant or victim of the misconduct, and/or to prevent or minimize the possibility of a further harmful incident or offense. Such protective measures may include: no trespass orders, no contact directives, counseling, reassignment of work duties, workplace relocation, referral to institutional offices capable of providing support, advice or other resources (e.g. EAP, Woman’s Center), or any such other action(s) that may be described in the Institution’s/OPC’s policies and that are deemed appropriate under the circumstances.

OUTSIDE AGENCIES

All individuals shall be informed regarding their right to seek redress through the following outside agencies:

United States Equal Employment Opportunity Commission John F. Kennedy Federal Building 475 Government Center Boston, MA 02203

Phone: 1-800-669-4000 Fax: 617-565-3196

http://www.eeoc.gov/field/boston/index.cfm

Rhode Island Commission for Human Rights 180 Westminster Street, 3rd Floor Providence, Rhode Island 02903

Tel: 401-222-2661

TTY: 401-222-2664 Fax: 401-222-2616

Office of Civil Rights, Region I US Department of Education 5 Post Office Square, 8th Floor Boston, MA 02109-3921

Tel.: (617) 289-0111 Fax: (617) 289-0150

http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

CONFIDENTIALITY

The College will protect the identity of persons who report having been victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking to the fullest extent of the law and as previously stated in this document.

CCRI Campus Disciplinary Procedures FOR STUDENTS:

College disciplinary proceedings, as well as special guidelines for cases involving sexual misconduct, are detailed in the Student Handbook. http://www.ccri.edu/Advising/Student_Services/handbook.html#STUDENT_DISCIPLINARY_CODE

The Handbook provides, in part, that the accused and the victim will each be allowed to choose one person to accompany them throughout the hearing. Both the victim and accused will be informed of the outcome of the hearing. A student found guilty of violating the College sexual misconduct policy could be criminally prosecuted in the state courts and may be suspended or expelled from the College for the first offense.

Student victims have the option to change their academic situations after an alleged sexual assault, if such changes are reasonably available.

The complainant and the accused have the right to be assisted by any adviser they choose. The complainant and/or the accused is responsible for presenting his or her case and, therefore, advisers are not permitted to speak or to participate directly in any hearing before a student conduct hearing board.

In cases involving sexual assault, sexual harassment, domestic violence, dating violence, stalking, or bullying, the complainant may request that steps be taken to provide testimony in a manner that does not require being in the presence of the accused student as long as such steps do not deny the accused student access to the information presented by the complainant.

The complainant and the accused shall have the privilege of presenting witnesses, subject to the right of questioning only by a student conduct hearing board. Neither the complainant nor the accused may question witnesses or each other. Questions may be directed to the chair of the student conduct hearing board by the complainant or accused.

After the hearing, a student conduct hearing board shall determine and notify the dean of students within five (5) academic days of the hearing (by majority vote) whether the student has violated each section of the Student Conduct Code which the student is charged with violating.

A student conduct hearing board’s determination shall be made on the basis of the preponderance of evidence standard, i.e. the greater weight of the evidence demonstrates that the accused student committed the violation.

Only the accused student is notified of the outcome of a conduct hearing except in cases involving allegations of sexual assault, sexual harassment, domestic violence, dating violence, stalking or otherwise provided for by law. In these cases, both complainant and the accused will be notified of the decision in full, in writing, and concurrently.