The procedures in this section shall be used to investigate and resolve reported Title IX matters that allege discrimination that falls outside of the Title IX Policy - Sexual Harassment (“Title IX Policy - Other Than Sexual Harassment”). These procedures shall be used in conjunction with the Sexual Harassment Policy for purposes of identification of key Title IX officials (Section 1.0), definitions (Section 2.0), and reporting options (Section 3.0).
Discrimination prohibited under this policy includes: the exclusion from participation in, denial of the benefits from, or subjection to unfavorable treatment in any National Park College (NPC) Education Program or Activity on the basis of sex.
The effective date of this Policy is July 1, 2025.
Complainants and Respondents may be accompanied by an advisor of their choice throughout the investigation. An advisor’s role is limited to assisting, advising, and/or supporting a Complainant or Respondent. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent.
If the allegations fall within the scope of this policy and the matter does not resolve using the informal resolution process, NPC will conduct a prompt, thorough, and impartial investigation of the reported discrimination. The Title IX Coordinator or their designee will appoint one or more investigators who will conduct investigative meetings, gather information and evidence, and make an independent determination as to whether a violation of the policy occurred using a preponderance of the evidence standard.
The Respondent is presumed not responsible until a determination has been reached by the investigator.
A written Notice of Allegations will be sent to the Complainant and Respondent, constituting the initiation of the investigation. The Notice of Allegations will contain a summary of the allegation(s) or conduct at issue. This will include the identities of the parties involved, the date and location of the incident (if known), and a link to the appropriate policies. Once the Notice of Allegations has been sent to the parties, the investigation begins.
The Complainant and Respondent will have an equal opportunity to be heard, identify witnesses, and provide information and evidence. The investigator will gather additional information and evidence as appropriate, including, but not limited to, social media information, text messages, email messages, videos, and other records. The investigator has the discretion to determine the relevance of information and witnesses and decide whether information or evidence should be excluded as irrelevant.
NPC strives to complete the investigation within sixty (60) business days from the issuance of the Notice of Allegations. All extensions of this time frame will be communicated with the parties in writing.
At the conclusion of the investigation, the investigator will draft a report with a finding regarding responsibility based on a preponderance of the evidence standard. The report will include the applicable sanctions if there is a finding of “responsible.” Sanction determinations will be made in collaboration with the Director of Human Resources if the Respondent is a faculty or staff member, or the Director of Student Conduct if the Respondent is a student. A copy of the report will be provided simultaneously to the Complainant and Respondent.
The Complainant or Respondent may appeal the decision of the investigator based only on the following grounds:
Appeals must be made in writing and submitted to the Title IX Coordinator within three (3) business days of the receipt of the final decision. The appellate decision-maker will notify the other non-appealing party of the appeal and allow for written response from the non-appealing party within five (5) business days of receiving this notification of appeal. A determination regarding the appeal will be made by the appellate decision-maker within twenty (20) business days after receipt of the appeal.
The Respondent may, at any time, request to resolve the investigation process or resolve specific allegation(s) by accepting responsibility for the alleged misconduct. The Title IX Coordinator will complete a summary report of the information gathered. The Title IX Coordinator will consider the request; if the request is granted, the Title IX Coordinator, in consultation with the Director of Human Resources if the Respondent is a faculty or staff member, or the Director of Student Conduct if the Respondent is a student, will determine the appropriate sanction(s).
The Complainant and Respondent may agree to Informal Resolution at any time prior to a determination regarding responsibility if the Title IX Coordinator deems the matter appropriate for Informal Resolution (The Title IX Coordinator may, at any time, withdraw approval for the Informal Resolution and return the matter to investigation.). The Title IX Coordinator will consider the following when determining whether to permit a matter to move to Informal Resolution:
Participation in Informal Resolution is a choice, and either party can request to end the Informal Resolution process and pursue an investigation at any time, including if Informal Resolution is unsuccessful at resolving the matter. Similarly, either party can request to end an investigation and pursue Informal Resolution at any time, though entering Informal Resolution must be agreed to in writing by the parties.
Allegations related to a culture of Title IX Discrimination by a group, organization, department, division, or NPC as a whole will be investigated and resolved as closely as possible to this policy. Resolutions for a group, organization, division, or NPC will be communicated with the highest-ranking member of the group, organization, department, division, or NPC.
The procedures in this policy are the exclusive means of resolving complaints of alleged violations of Title IX involving complaints of Non-Harassment Title IX Discrimination brought against NPC faculty, staff, or students. To the extent there are any inconsistencies between these procedures and other NPC grievance, complaint, or discipline procedures, these complaint resolution procedures will control the resolution of complaints alleging Non-Harassment Title IX Discrimination.
