The College’s Director of Public Safety who is notified of a complaint which is made pursuant to this policy shall promptly and thoroughly undertake or authorize an investigation. Other authorized investigators include the College’s EEO Officer(s), Vice President of Student Services or by any other person(s) designated by the College. The standard of evidence required is a preponderance of evidence generally used in civil courts. The preponderance of evidence standard means, based on whatever evidence is garnered, there is more likelihood that the crime was committed than not. Investigators will be trained annually on sexual assault and other intimate partner violence issues and the preponderance of evidence standard.
The Director of Public Safety or designee will conduct a prompt, fair and impartial investigation and resolution. Both the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.
If the allegations are founded as a result of the investigation, the College will take remedial action against the accused and prevent recurrence. Both the accuser and accused will be informed in writing of:
The College will keep complaints and the terms of their resolution confidential to the extent possible given the need to investigate. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. The College is required by law to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The College will comply with the reporting requirements of this law without including identifying information about the victim to the extent permissible by law.
The Sandburg Advising/Counseling Services will assist victims in changing their academic situation (class schedule), on campus work and transportation situations after a sexual assault incident, if requested by the victim and if the accommodations are reasonably available. Carl Sandburg College does not maintain on-campus student housing facilities or residence halls.
Sexual assault is a violation of federal, state and local law and the policy of Sandburg. Therefore, criminal sanctions by the criminal justice system and administrative sanctions by the College may be imposed upon the accused if it is found that the accused perpetrated the offense. Disciplinary proceedings by the Vice President for Student Services will determine what, if any, administrative sanctions are imposed by the college upon students charged with violating the Student Conduct Code. Administrative sanctions may include: disciplinary reprimand, probation, social probation, suspension, expulsion, assessment for restitution, separations or restrictions.