When a Complainant Does not Wish to Proceed

If a Complainant:

  1. does not want for their name to be shared,
  2. does not want for an investigation to take place, or
  3. does not want a formal complaint to be pursued,

they may make such a request to the Title IX Coordinator.

The Title IX Coordinator will evaluate the request in light of the duty to ensure the safety of the campus and to comply with state or federal law.

In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow the MCCCD to honor that request, MCCCD will offer supportive measures and remedies to the Complainant and the community, but will not otherwise pursue formal action.

The Title IX Coordinator has ultimate discretion over whether the MCCCD proceeds when the Complainant does not wish to do so. The Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate violence risk assessment that shows a compelling risk to health and/or safety that requires the MCCCD to pursue formal action to protect the community.

A compelling risk to health and/or safety may result from evidence of patterns of

  • ¬†misconduct,
  • ¬†predatory conduct,
  • threats,
  • abuse of minors,
  • use of weapons, and/or violence.

The MCCCD may be compelled to act on alleged employee misconduct, even if a Complainant does not want an investigation to take place.

When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy and they retain all rights under the Title IX Sexual Harassment policy.

When the MCCCD proceeds, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. Typically, when the Complainant chooses not to participate, the Advisor can be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant.

The MCCCDs ability to remedy and respond to notice may be limited if the Complainant does not want the MCCCD to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the MCCCDs obligation to protect its community.

If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by MCCCD and to have the incidents investigated and properly resolved through these procedures.