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, 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
Pocono 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.
St Luke’s Hospital/ Anderson Campus: 866-785-8537
Lehigh Valley Hospital/ Muhlenberg: 610-402-8000
St. Luke’s Hospital/ Bethlehem Campus: 866-785-8537
Lehigh Valley Hospital/ Pocono: 570-476-3367
St. Luke’s Hospital/Monroe Campus: 866-785-8537
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: Bethlehem Campus: 610-322-6178, Pocono Campus: 570-369-1842
Health and Wellness Center staff: 610-861-5365
Residence Life staff: 610-861-5324
Off-campus you may contact:
Crime Victims Council of the Lehigh Valley/Sexual Assault 24-hour hotline (Bethlehem): 610-437-6610
Safe Monroe Hotline (Monroe): 570-421-4200
North Penn Legal Services: 877-953-4250
Options for filing a report include:
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 northampton.edu/reportit)
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.
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.
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 an informal resolution process. Formal reporting still affords privacy to the Reporting Party, to the extent reasonably possible, 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.
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 generally not pursued as the result of an informal resolution process, though the parties may agree to 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.
Except in cases involving criminal activity and/or sexual assault, an employee or student 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. In the event that an informal resolution is not reached, is not appropriate, or is not pursued, the student or employee who is alleging the discrimination, harassment, or retaliation may continue with the formal resolution process.
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. The complainant or the individual making the report may electronically submit a formal complaint form available on the College website for purposes of reporting an incident or incidents in writing; however, verbal reports of an incident or incidents shall be accepted, documented and the procedures of this policy and the related grievance procedures followed.
a. Complaint Intake
Following receipt of notice or a complaint, the Title IX Coordinator or 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. After this Initial Inquiry step has been completed, 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 informal 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. Supportive Measures
The College will offer supportive measures to the parties 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 to the parties as appropriate, as reasonably available and without fee or charge. Such measures are designed to preserve equal access to the College’s education program or activity without unreasonably burdening the other party. Supportive measures include but are not limited to: no contact orders, no trespass notices, providing counseling and/or medical services, academic support, living arrangement adjustments, providing a campus escort, academic or work schedule and assignment accommodations, safety planning, and referral to campus and community resources.
The College may remove, on an emergency basis, a student or student organization or place an employee on administrative leave pending the completion of the investigation and procedures provided that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations. Prior to any emergency removal, the College shall provide the student, student organization or employee with reasonable notice and an opportunity to challenge the decision immediately following the removal.
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 Allegations
At the onset of the investigation, the parties shall be provided with a written notice of allegations which includes the following (1) a copy of the College’s grievance process as 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; (3) a statement that the Responding Party is presumed not responsible for the alleged conduct; (4) a statement that the parties are entitled to an advisor of their choice; (5) statement the parties may inspect and review evidence; and (5) notice of any provisions in the Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. 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 concerning the parties that are not included in the notice provided pursuant to this section, the College must provide notice of the additional allegations to the parties whose identities are known.
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 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. 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 within120 days, which can be extended as necessary for reasonable 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 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.
The Investigator shall prepare an Investigative Report which summarizes the investigation process and related evidence. 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 to the evidence, which the Investigator will consider prior to completion of the investigative report.
Upon receipt of the final Investigative Report, the Title IX Coordinator will forward the report to the parties involved 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. Hearings
The College shall hold a live hearing for a determination of responsibility. At the conclusion of the hearing, the Decision Maker(s) shall 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 the appeal process.
For full Live Hearing procedures, requirements and timelines, see the below link: https://www.northampton.edu/about/student-affairs/title-ix/.
Following the hearing, the Decision Maker(s) shall issue a written determination regarding responsibility of the alleged conduct. The written determination shall be provided to the parties simultaneously. The Decision Maker shall also provide a copy of the written determination 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.
5. Sanctions
Sanctions will be issued by the Decision Maker(s)in consultation with the Title IX Coordinator. Factors considered when determining a sanction may include, but is not limited to:
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
Student Sanctions
For examples of the range of potential disciplinary sanctions against students, see the section of the Student Handbook entitled Disciplinary Actions.
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 written determination or from the College’s 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 determination.
Appeals are limited to allegations of the following:
A procedural error or omission occurred that significantly impacted the outcome.
There is new evidence, unknown or unavailable during the investigation or at the time of dismissal, that could substantially impact the finding or sanction. A summary of this new evidence and its potential impact upon the investigation must be included in the appeal.
The Title IX Coordinator, investigator(s) or decision maker(s) had a conflict of interest or bias for or against either party.
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 in writing within five (5) calendar days of receipt of the appeal. Thereafter, non-appealing party shall have the opportunity to respond to the appeal in writing within five (5) days of being notified of the appeal.
For students: In cases involving student conduct, the Provost & Vice President for Academic and Student Affairs (or designee) will review the appeal request(s).
For employees: In cases involving employee conduct, the Chief Human Resources Officer (or designee) will review the appeal request(s).
Where the designee finds that at least one of the grounds for appeal is met, and proceeds with the appeal, additional principles governing the hearing of appeals include the following:
The Title IX Coordinator shall provide written notice of the appeal to all parties within ten (10) business days from the date of the appeal review.
The original determination 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.
Sanctions will not be imposed pending the outcome of the appeal. Interim and/or protective actions may be imposed and/or continued as appropriate.
The designee will render an appeal determination within ten business days of receiving the appeal to the Title IX Coordinator.
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.