Informal Complaint Process
A complainant may request to file an informal complaint when permissible. When an allegation of sexual assault has occurred, an informal resolution would not be appropriate. Under the informal complaint process, the Title IX Coordinator ([email protected]) will conduct an informal investigation to provide a resolution to protect the interests of both the complainant and respondent, as well as the College community. An informal investigation and resolution will be completed within ten (10) days of the receipt of the complaint. If additional time is needed, both parties will be notified of the extended time necessary to resolve the informal complaint. The informal process may include discussion, training and an overall expectation that the inappropriate behavior cease. If the behavior continues and rises to the level of discrimination a formal investigation may be pursued.
At any time during the informal resolution process all parties, the complainant or respondent, as well as the Title IX Coordinator can request or determine that a formal investigation is needed. The formal process is described below.
Formal Complaint Process
When a formal Title IX complaint is received, the Title IX Coordinator must first determine if the Title IX Coordinator has the jurisdiction to investigate the complaint. Alleged acts of discrimination, harassment, stalking, sexual misconduct, and retaliation are investigative actions. Investigations completed by the Title IX Coordinator are independent of outside agencies of the College. Other complaints would be referred to the grievance or appeals process as outlined in the institutional catalog.
The following steps outline the formal Title IX complaint process:
The Title IX Coordinator conducts an investigation of the alleged policy violation. The investigation is to be conducted in a fair and unbiased manner. The investigation will be completed within ten (10) days of the receipt of the complaint. If additional time is needed, both parties will be notified of the extended time necessary to resolve the formal complaint. Additionally, trained parties may be appointed to assist with the investigation. As part of the investigation, the respondent can review and respond to the allegations. All parties involved in the investigation, including the complainant and the respondent, will be able to review the investigation report before the report is made final.
The investigator(s) will review all the evidence gathered during the investigation to determine if a violation of the alleged policy occurred. If the evidence supports that a violation occurred the Title IX Coordinator will make recommendations for resolution in a final written report. Resolutions will include preventative measures for future violations including but not limited to sanctions for the respondent.
If the evidence does not support a violation, the final written report will indicate no violations occurred and the investigation will be closed. The Title IX Coordinator along with the Human Resources department makes the final decision as outlined in the final written report.
Appealing a Title IX Complaint Decision
The complainant or respondent may appeal the findings of the final written report. Appeals will be reviewed by a selected member group of the Appeals Committee. These selected members must include one academic associate, one non-academic associate, and one representative of administration. Appeals related to a discrimination complaint must be made in writing within five (5) calendar days of the completed final written report being received. Included in the complaint’s appeals must be the following:
The selected member Appeal’s Committee will review the appeal. If the committee determines that the Title IX Coordinator exhibited a decision that was unfair or biased, that a conflict of interest occurred, or the findings resulted in considerable injustice then the committee may overturn or modify the findings of the final written decision. Notification of any changes made to the original written report will be made to both the complainant and respondent within ten (10) business days of receiving the appeal.
If the complainant or respondent believes that the Title IX issue remains unresolved, a formal request can be sent to the Chief Executive Officer (CEO) for review.
ATTN: Ameritech College of Healthcare Chief Executive Officer
12257 Business Park Dr. Ste. 100
Draper, UT 84030-6545
FAX: (801) 816-1456
The Chief Executive Officer will review the submitted request and may schedule an interview or hearing. If necessary, interviews and/or hearings may be conducted in person or over the phone. The Chief Executive Officer, and when necessary the Board of Trustees, will make any final adjustments to the Title IX decision. The complainant and respondent will be informed of any changes made to the original written report within ten (10) calendar days of the Chief Executive Officer receiving the request for further review.
Jana Colyar, Title IX Coordinator