Under certain circumstances, and in the interest of fairness to all parties, the immediate supervisor/designee may refer the complaint to Level II immediately. The immediate supervisor/designee shall notify the student(s), staff member(s) and appropriate administrator when the referral has been made to Level II.
If the complainant(s) choose(s) to move the complaint to Level II, he/she/they must complete a "Request to Appeal from Level I Recommendation" form.
(Within ten (10) instructional days of receiving the request (either the immediate supervisor's/designee's referral or the student(s)' appeal), the appropriate administrator shall investigate the allegations and convene a conference of the student(s), the staff member(s), and the staff member(s)' immediate supervisor/designee.
All Level II conferences shall be tape recorded by the appropriate administrator. These recordings shall be the exclusive property of the College/District and shall become part of the complaint file.
If a complaint is filed within the last thirty (30) instructional days of the semester or the last ten (10) instructional days of summer school, the appropriate administrator may delay any further action on the complaint until the next academic term.
The student(s) bringing the complaint and the staff member(s) being complained against must be present at this conference. Under compelling circumstances, this meeting may involve teleconferencing. At this meeting, an attempt will be made to resolve the issue(s) and agree upon the remedy.
If the complainant fails to appear for this conference, except for good cause, the Level II complaint process shall be terminated, and the complainant shall have no further recourse.
Following this Level II conference, the appropriate administrator shall, within five (5) instructional days, provide his/her written decision and the basis for the decision. Copies of this decision shall be sent to the student(s), the staff member(s), the immediate supervisor/designee, and the appropriate Vice President.
The student(s) bringing the complaint and/or staff member(s) being complained against may challenge the Level II decision by proceeding to Level III.