Complainant and Respondent Rights
Pasadena City College’s goals are to treat all parties with sensitivity and fairness, and to ensure appropriate due process. PCC is committed to delivering a fundamentally fair Resolution Process for Complainants and Respondents, and will ensure that each party receives equitable information, support, and protections throughout the Resolution Process. In the spirit of equity, both the Complainant and Respondent have the right to:
- An equitable, prompt, and sensitive response and investigation, and fundamentally fair resolution of all credible allegations of prohibited Harassment or Discrimination made in good faith to the college.
- Receive timely written notice of all alleged violations, including the identity of the Parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions.
- Receive timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.
- Not be pressured into mediation or informal resolution of any reported misconduct involving violence, including sexual violence.
- Be informed of available supportive measures and interim actions both on campus and in the community, and to maintain such actions for as long as necessary. (This may include, but is not limited to, a no contact order, changing academic and/or working situations, counseling, advocacy, health care, legal services, student financial aid, visa and immigration assistance. No formal report, or investigation, either campus or criminal, needs to occur before this option is available.) Provided privacy does not impair Pasadena City College’s ability to provide the supportive measures, supportive measures remain private.
- The right to be informed by Pasadena City College officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by Pasadena City College authorities in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report, as well.
- An Advisor of their choice to accompany and assist the Party in all meetings and/or interviews associated with the Resolution Process.
- Receive sufficiently advanced, written Notice of any meeting or interview involving the other Party, when possible.
- Receive regular updates on the status of the investigation and/or resolution.
- A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
- Have irrelevant prior sexual history or character evidence admitted not as evidence.
- Receive a copy of the investigation report and all relevant and directly related evidence available used to produce the investigation report, subject to the privacy limitations imposed by state and federal law, with at least ten (10) business Days to review prior to the hearing.
- Respond to the investigation report, including comments providing any additional relevant evidence after the opportunity to review the investigation report, and to have that response on the record.
- Ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses, and be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
- The right to provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant by the Investigator(s)/Chair, may be asked of any party or witness.
- Preservation of privacy, to the extent possible and permitted by law.
- Meetings, interviews, and/or hearings that are closed to the public.
- Petition that any college representative in the process be recused based on disqualifying bias and/or a conflict of interest.
- Be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing.
- Have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but prior to Sanctioning.
- Be promptly informed in a written Notice of Outcome letter of the finding(s) and Sanction(s) of the Resolution Process and a detailed rationale therefor (including an explanation of how credibility was assessed), delivered simultaneously to the Parties.
- Be informed in writing of when a decision by the university is considered final and any changes to the Sanction(s) that occurred before the decision is finalized.
- Be informed of the appeal process and the grounds for appealing the findings of the resolution process.