Formal Complaint Process
Any student who has experienced, witnessed, or otherwise knows of sexual harassment, discrimination, or violence may file a Formal Complaint by contacting the Title IX/504 Coordinator at their respective college or center.
- A Formal Complaint can be given orally or in writing within 300 calendar days of the discriminatory act.
- Once the Formal Complaint is received by the Title IX/504 Coordinator, it will then be shared with the college President and the Office of General Counsel, whereupon the Formal Complaint will be assigned a case number.
- A copy of the Formal Complaint will be shared with the accused individual within five (5) working days of receipt by the Title IX/504 Coordinator, and will notified that any form of retaliation against the victim, the individual who reported the discriminatory act, or potential witnesses is prohibited.
- The accused individual must respond to the Formal Complaint in writing within fifteen (15) calendar days of his or her receipt of the Formal Complaint.
Click here to view a list of Maricopa County Community College's (MCCCD) Title IX Coordinators.
If the Title IX/504 Coordinator accepts the Formal Complaint or receives credible evidence that sexual harassment, discrimination, or violence has occurred based on a preliminary inquiry, the Title IX/504 Coordinator will then proceed with a formal investigation by taking the following steps:
- Designate an investigator to conduct a fact-finding investigation, which will include, at a minimum, a review of written evidence (including the Formal Complaint and the accused's response) and interviews with appropriate employees and students. The Title IX/504 Coordinator may serve as investigator;
- Determine the identity and contact information of the victim;
- Identify the correct policies allegedly violated;
- Conduct a thorough, reliable, and impartial investigation;
- Complete the investigation promptly (within 60 calendar days, unless—owing to the complexity of the investigation or the severity and extent of the alleged conduct--more time is necessary to complete the investigation);
- Make findings based on the preponderance of evidence; and
- Present the findings to the Title IX/504 Coordinator, who will deliver the findings, in writing, within ten (10) working days, to the college President, with a recommendation on how to proceed.
The President shall accept, reject, or modify the recommendation, and provide a written notification of his or her action, along with the findings presented by the Title IX/504 Coordinator, to the individual who filed the Formal Complaint, the victim, and the accused individual within fifteen (15) calendar days of receiving the findings and recommendation from the Title IX/504 Coordinator.
Right to Assistance
The individual who filed the Formal Complaint, victim, or accused individual may receive assistance from an attorney or other person at any stage of the Formal Complaint and investigation process. This person may attend an investigative interview and advised the individual who filed the Formal Complaint, victim, or accused individual, but cannot participate in the interview. Investigators will direct communication solely to the individual who filed the Formal Complaint, victim, or accused individual and not through the individual's attorney or other person providing assistance.
Maintenance of Documentation
Documentation resulting from each level in the Formal Complaint process (including witness statements, investigative notes, etc.) will be forwarded to and maintained by the Office of General Counsel. Investigative records are not to be maintained with or considered as a part of a student record. Documentation regarding corrective action is considered part of the student's record.
Filing a Request for Reconsideration
If the individual who filed the Formal Complaint, victim, or accused individual is not satisfied with the decision of a formal investigation into the alleged discriminatory act, the individual has ten (10) working days to make a request in writing for reconsideration of the decision. This request should be directed MCCCD's Executive Vice Chancellor and Provost. The Request for Reconsideration may be made if the individual filing the request...
- Has new information that was previously unavailable at the time of the investigation;
- Has procedural concerns that may change or affect the outcome of the investigation;
- Perceives that there was insufficient evidence to support the investigator's findings; or
- Perceives any action taken by the college President to be too severe.
The Executive Vice Chancellor and Provost will review the findings of the investigation and recommendation of the Title IX/504 Coordinator, and respond to the Request for Reconsideration within ten (10) working days from receipt of the request. The Title IX/504 Coordinator shall ensure that, prior to acting on any Request for Reconsideration, the Executive Vice Chancellor and Provost has been fully briefed regarding every component of the Sexual Harassment and Discrimination policy.
If the Executive Vice Chancellor and Provost determines that the investigation was not conducted in a fair manner, the outcome of the investigation was not consistent with the evidence, or any disciplinary action was not appropriate for the level of the allegations, the case file will be reopened and assigned for further investigation.
If the Executive Vice Chancellor and Provost concludes that the investigation was conducted in a proper manner, the outcome of the investigation was consistent with the evidence, and any disciplinary action was appropriate for the level of the allegations, he or she will—in writing-- certify that the Executive Vice Chancellor and Provost has read and thoroughly considered all of the information collected in the investigation, the investigation was conducted in a proper manner, the decision was consistent with the evidence, and deny the request for reconsideration. The written certifications and decision by the Executive Vice Chancellor and Provost will be delivered to the individual who filed the Formal Complaint, victim, and accused individual promptly after issued.