Mandatory and Discretionary Dismissals

The 2020 Title IX Regulations outline instances where the Title IX Coordinator must dismiss a Title IX complaint. The regulations also provide situations where the Title IX Coordinator has the discretion to dismiss a Title IX complaint. The following is a review of both mandatory and discretionary dismissals.

A. The Title IX Coordinator is obligated to dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

  1. The conduct alleged in the formal complaint would not constitute sexual harassment as defined in the Policy hereinabove, even if proved; and/or
  2. The conduct did not occur in an educational program or activity controlled by the Maricopa County Community College District (including buildings or property controlled by recognized student organizations), and/or the Maricopa County Community College District does not have control of the Respondent; and/or
  3. The conduct did not occur against a person in the United States; and/or
  4. At the time of filing a formal complaint, a Complainant is not participating in or attempting to participate in the education program or activity of the recipient. 

B. The Title IX Coordinator has the discretion to dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

  1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
  2. The Respondent is no longer enrolled in or employed by the recipient; or 
  3. Specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon any dismissal for any reason, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so. The letter will be sent simultaneously to the parties. 

This dismissal decision is appealable by any party under the procedures for appeal below. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.

If you would like to appeal, you must submit your request for appeal in writing to the Title IX Coordinator within five (5) days of the decision to dismiss (or the decision not to dismiss). If you do not submit your request for appeal within the five (5) days, you will lose your right to appeal.

The request for appeal will be forwarded to the Appeal Chair, specifically the Maricopa County Community College District Provost. The Appeal Chair will communicate the decision to grant or deny the appeal to the requesting party within five (5) days of the request for appeal being received by the Appeal Chair.

The Appeal Chair will provide the other party(ies) and their Advisor(s), and the Title IX Coordinator a copy of the appeal decision.

 

*A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it. *