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SUPPORTIVE-ONLY REPONSE

The Complainant is not required to submit a Written Complaint to receive a Supportive-Only Response. Upon receiving a report implicating Title IX, the College will offer the Complainant Supportive Measures. 

In most cases, the Respondent will not be notified when the Complainant requests a Supportive-Only Response. However, if a specific Supportive Measure requires an act by the College that involves the Respondent, such as a no contact order, the Respondent will be notified of the Complainant’s identity and the details of the report. 

FORMAL GRIEVANCE PROCESS 

No Title IX sanctions may be implemented unless a Formal Grievance Process leads to a Final Determination, based on a preponderance of the credible evidence, that the Respondent is responsible for a violation of the College Title IX policy. In most cases, a Formal Grievance Process is initiated at the Complainant’s discretion, by submitting a Written Complaint. 

1. Notice of Investigation and Allegations (NOIA) 

Upon commencement of the Formal Grievance Process, the Title IX Coordinator will provide the Parties written Notice of the Investigation and Allegations (the “NOIA”), which will include: 

  • A meaningful summary of all allegations
  • The names of the involved Parties
  • The precise misconduct being alleged
  • The date and location of the alleged incident(s) (if known)
  • The specific policies/offenses implicated
  • A description of, link to, or copy of the applicable procedures
  • A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a Final Determination that the Policy has been violated
  • The name(s) of the Investigator(s)along with a process to notify the Title IX Coordinator of any conflict of interest that the Investigator(s) may have in advance of the interview process
  • A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all Relevant and Directly Related Evidence obtained
  • A statement of the potential sanctions/responsive actions that could result
  • A statement about the College’s policy prohibiting retaliation
  • Information about process confidentiality
  • Information about the parties’ right to a Title IX Advisor of their choosing
  • A statement informing the Parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Formal Grievance Process
  • Information about how a party may request disability accommodations or other support assistance during the Title IX process
  • An instruction to preserve any evidence that is directly related to the allegations 

2. Resolution Timeline 

The College will make a good faith effort to complete the Formal Grievance Process as promptly as circumstances permit and will regularly communicate with the Parties to update them on the progress and timing of the process. 

3. Ensuring Impartiality 

No individual materially involved in the administration of the Formal Grievance Process, including the Title IX Coordinator, Investigator(s), and Decision-maker(s), may have or demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent. 

4. The Participation of Witnesses in the Investigation 

Witnesses who are College Employees must cooperate with and participate in the College’s investigation and Formal Grievance Process. Student witnesses and witnesses from outside the College community are encouraged to cooperate with College investigations and to share what they know about a Written Complaint. 

5. Interview Recording 

It is standard practice for Investigators to create a record of all interviews pertaining to the Formal Grievance Process, by recording, transcript, or written summary. No unauthorized audio or video recording of any kind is permitted during investigation meetings. 

6. Evidentiary Considerations 

The Investigator(s) and the Decision-maker(s) will only consider Relevant or Directly Related Evidence. 

Neither the investigation nor the hearing will consider: 

a. Questions or evidence about the Complainant’s sexual predisposition 

b. Questions or evidence about the Complainant’s prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the alleged conduct, or if the questions or evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent 

c. Questions or evidence about a party or witness’s records that are made or maintained by a physician, psychologist, or psychiatrist unless the party or witness provides voluntary, written consent for the records to be considered 

Within the boundaries stated above, the investigation and the hearing can consider relevant character evidence, if offered, but that evidence is unlikely to be relevant unless it relates to a pattern of conduct. 

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then. 

7. Investigation 

All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all available, relevant Parties and witnesses, obtaining Relevant Evidence, and identifying sources of expert information, as necessary. 

Investigations involve the following: 
  • Determining the names of and contacting all involved Parties and potential witnesses to participate in an investigation interview.
  • Identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses.
  • Providing written notification of the date, time, and location of all investigation meetings, including the expected participants and purpose.
  • Conducting any necessary follow-up interviews with Parties or witnesses.
  • Providing the Parties and witnesses an opportunity to verify the accuracy of either a summary or transcript of their interview(s).
  • Soliciting the names of suggested witnesses and questions each party wishes to have asked of another party or witness.
  • Writing a Draft Investigation Report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party and witness interviews, and provides all relevant evidence.
  • Compiling a Directly Related evidence file, containing evidence that was gathered but deemed to be not Directly Relevant to the allegations.
  • Providing the Parties and their respective Title IX Advisors an electronic or hard copy of the Draft Investigation Report, as well as an opportunity to review Directly Related evidence (deemed to be not directly relevant). The Parties will be allotted a period of ten (10)-business-days to review and comment. The Parties may elect to waive the full ten (10) days.
  • Incorporating any new, Relevant Evidence and information obtained through the Parties’ review of the Draft Investigation Report and any follow-up meetings into the Final Investigation Report.
  • Responding in writing to the Parties’ comments on the Draft Investigation Report.
  • Providing the Title IX Coordinator with the Final Investigation Report and Directly Related Evidence File for their review and feedback. 

8. Referral for Hearing 

Provided that the Written Complaint is not resolved through Informal Resolution, once the Final Investigation Report is shared with the Parties, the Title IX Coordinator will refer the matter for a hearing. 

The hearing cannot be held less than ten (10) business days from the conclusion of the investigation – when the Final Investigation Report is transmitted to the Parties and the Decision-maker – unless all Parties and the Decision-maker agree to an expedited timeline. 

9. Hearing Decision-maker(s) 

The Decision-maker(s) will not have had any previous involvement with the Formal Complaint. Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as Decision-makers. Those serving as Title IX Advisors for any party may not serve as Decision-makers in that matter. The Title IX Coordinator may not serve as a Decision-maker in the matter, but may serve as an administrative facilitator of the hearing. 

10. Live Hearing Requirements 

The following provisions apply to a live hearing: 

Hearing Venue Options and Recordings 

The live hearing may occur in person or via video technology. The Decision-maker and Parties must be able to simultaneously see and hear a party or witness while that person is speaking. Both options are considered fair and equitable. Alternative arrangements may also be made at the Title IX Coordinator’s discretion. 

  • All hearings will be recorded, and Parties may request a copy of the recording from the Title IX Coordinator following the live hearing.
  • No unauthorized recordings are permitted. 
Scheduling 

Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to the Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term, including during the summer, as needed, to meet the College’s resolution timeline and ensure a prompt resolution. Employees, including Parties and witnesses, who do not have 12-month contracts are still expected to participate in Formal Grievance Processes that occur during months between contracts. 

Hearing Participants 

Persons who may be present for a hearing include the Decision-maker, hearing facilitator, Investigator(s), the Parties and their Title IX Advisors, anyone providing authorized accommodations, interpretation, and/or assistive services, and anyone else deemed necessary by the Decision-maker. Witnesses are present only during their portion of the testimony. 

Title IX Advisors 

The Parties may have the assistance of a Title IX Advisor of their choice during the Title IX process; if a party does not elect an Advisor, the Title IX Coordinator will appoint one for the purpose of a hearing. If a party wishes to have an attorney as their Title IX Advisor, they must locate and pay for that attorney themselves. 

  • During the pre-hearing meeting and live hearing, Parties may only be accompanied by their Title IX Advisor. No other persons (e.g., additional support persons, Title IX Advisors, friends, family) may accompany, attend, or listen in on the hearing unless explicitly authorized by the Title IX Coordinator, with each party being provided the same opportunity.
  • During the hearing, all questions that a party wishes to ask must be posed by the Title IX Advisor, not the Parties. 
Impact Statements 

Each party may submit an impact and/or mitigation statement to the Title IX Coordinator that the Decision-maker will review during any sanction determination. 

  • Upon receipt of an impact and/or mitigation statement, the Title IX Coordinator will review the impact/mitigation statement.
  • The Title IX Coordinator will only provide the impact statements to the Decision-maker if the Decision-maker finds the Respondent responsible for a Policy violation. When the Title IX Coordinator shares the impact statements with the Decision-maker, they will also be shared with the Parties. 
Disability Accommodations 

Parties should contact the Title IX Coordinator at least three (3) business days prior to the hearing to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, if possible. 

Conflicts of Interest or Bias 

The Decision-maker must not have a bias for or against Complainants or Respondents generally or the individual Complainant or Respondent involved in the Formal Grievance Process. 

  • The Decision-maker must recuse themselves if such bias or conflict of interest exists.
  • If the Decision-maker believes there is possible conflict of interest or bias, they will consult with the Title IX Coordinator about possible recusal or removal.
  • The Parties may raise challenges that the Decision-maker is biased or has a conflict of interest. The Parties must raise challenges with the Title IX Coordinator within two (2) business days of receiving the hearing notice.
  • The Title IX Coordinator will only remove and replace a Decision-maker in situations of demonstrated bias or conflicts of interest. Perceptions of bias or conflict are not sufficient to cause removal.
  • If a Decision-maker recuses themselves as the result of a conflict of interest or bias, or is removed, the Title IX Coordinator will promptly appoint a new Decision-maker who does not have a conflict of interest or bias and notify the Parties accordingly. 
Evidence Provided to Decision-maker(s) and Parties. 
  • The Decision-maker(s) will be provided electronic copies of the Final Investigation Report and all relevant but not impermissible evidence, including the names of all Parties, witnesses, and Title IX Advisors, at least ten (10) business days in advance of the hearing.
  • The Parties will receive access to all the materials provided to the Decision-maker as part of the hearing notice. 

11. Hearing Notice 

The Title IX Coordinator will send the Parties a Notice of Hearing letter no less than ten (10) business days prior to the hearing. Once mailed, emailed, and/or received in-person, Notice is presumptively delivered. The Notice includes: 

  • A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result
  • The time, date, and location of the hearing
  • A description of any technology that will be used to facilitate the hearing
  • Relevant information regarding hearing logistics, pre-hearing meetings, the Final Investigation Report, the Parties and witnesses participating in the hearing, the identity of the Decision-maker, details related to questioning, the role of Title IX Advisors, impact/mitigation statements, and how to request disability accommodations or other assistance 

12. Witness Participation 

The Title IX Coordinator will notify all witnesses of their requested participation in the hearing at least five (5) business days prior to the hearing. Witnesses will be present for the hearing only during their testimony. If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Title IX Coordinator may reschedule the hearing. 

13. Pre-Hearing Meetings 

The Decision-maker(s) will offer to convene pre-hearing meeting(s) with the Parties and their Title IX Advisors to familiarize them with the hearing process and invite them to submit the questions or topics they wish to ask or discuss at the hearing. This allows the Decision-maker(s) to consider their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or to provide recommendations for more appropriate phrasing. 

14. Hearing Procedures 

Evidentiary Considerations 

The Parties must provide all evidence to the Investigator(s) prior to completion of the Final Investigation Report. Evidence offered after that time will be evaluated by the Decision-maker for relevance. If the evidence is deemed not relevant, the Decision-maker(s) may proceed with the hearing absent the new evidence. 

The new Relevant Evidence will be admitted to the record if: 

  • All Parties and the Decision-maker assent to the new evidence being included in the hearing without remanding the Formal Complaint back to the Investigator,
  • The evidence is not duplicative of evidence already in the record, and
  • The new evidence was either not reasonably available prior to the conclusion of the Final Investigation Report, or the failure to provide it in a timely manner was not the result of bad faith by the Parties, witnesses, or others. 

If the above criteria are not met, but the evidence is deemed materially relevant and not duplicative, the Decision-maker may, at their discretion, postpone the hearing to provide the parties time to review the new evidence; remand the case for further investigation; or pause the hearing to allow the parties to review the new evidence. 

If the new evidence is deemed not relevant, the Decision-maker may proceed with the hearing without allowing the new evidence. 

Investigator Presentation of Final Investigation Report 

The Investigator(s) will present a summary of the Final Investigation Report, including a review of the facts that are contested and those that are not. The Investigator may be questioned first by the Decision-maker and then by the Title IX Advisors, on behalf of the respective Parties. 

Testimony and Questioning 

The Parties and witnesses may provide relevant information in turn, beginning with the Complainant’s opening statement, then the Respondent’s. 

Next, the Decision-maker will question the Parties and witnesses. 

Then, the Decision-maker will facilitate Title IX Advisor-led questioning of witnesses and Title IX Advisor-led cross examination of the opposing Party. 

All Title IX Advisor-led questions are subject to the Decision-maker’s relevance determination. The Decision-maker will review each question in writing before it is asked by a witness or opposing party. The proceeding will pause to allow the Decision-maker to consider the question. 

A question will be excluded if it is irrelevant or redundant; the Decision-maker will explain any decision to exclude. 

Refusal to Submit to Questioning and Inferences 

Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. The Decision-maker can only rely on the available Relevant Evidence in making a Final Determination. The Decision-maker may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer any or all questions. 

Hearing Recordings 

The College records hearings (but not deliberations) for purposes of review in the event of an appeal. No unauthorized audio or video recording of any kind is permitted during the hearing. 

Deliberation and Determination 

After closing statements from the Parties, the Decision-maker(s) will deliberate in closed session to determine whether the Respondent is responsible for the alleged Policy violation(s) based on the standard of evidence. If a panel is used, a simple majority vote is required to determine the Finding(s). Deliberations are not recorded. 

When there is a Finding of responsibility on one or more of the allegations, the Decision-maker may then consider the previously submitted impact and/or mitigation statement(s) in determining appropriate sanction(s). The Title IX Coordinator will ensure that each of the Parties has an opportunity to review any submitted impact and/or mitigation statement(s) once submitted. 

The Decision-maker will also review any pertinent conduct history provided by the Student Conduct Office and will determine the appropriate sanction(s) (in consultation with other appropriate College officials), as required. The Decision-maker will then prepare a written statement detailing all Findings and Final Determinations, the rationale(s) explaining the decision(s), the evidence used in support of the determination(s), the evidence not relied upon in the determination(s), any credibility assessments, and any sanction(s) and rationales explaining the sanction(s) and will deliver the statement to the Title IX Coordinator. 

This statement must be submitted to the Title IX Coordinator within five (5) business days of the end of deliberations unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the Parties. 

15. Notice of Outcome 

The Title IX Coordinator will provide the Parties with a written outcome notification within ten (10) business days of the conclusion of the Formal Grievance Process. The outcome notification will specify the Finding(s) for each alleged Policy violation, any sanction(s) that may result, which the College is permitted to share pursuant to federal or state law, and a detailed rationale, written by the Decision-maker, supporting the Findings to the extent the College is permitted to share under federal or state law. 

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals. 

The Title IX Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person mailed (to the Parties’ local or permanent address as indicated in official College records) or emailed to the Parties’ College-issued or other approved email account. Once mailed, emailed, and/or received in person, the outcome notification is presumptively delivered. 

16. Sanctions 

Factors the Decision-maker may consider when determining sanctions and responsive actions include, but are not limited to: 

  • The nature, severity of, and circumstances surrounding the violation(s)
  • The Respondent’s disciplinary history
  • The need for sanctions/responsive actions to bring an end to the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
  • The need for sanctions/responsive actions to prevent the future recurrence of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
  • The need to remedy the effects of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct on the Complainant and the community
  • The impact on the Parties
  • The Respondent’s acknowledgement of responsibility or contrition
  • Any other information deemed relevant by the Decision-maker 

The sanctions will be implemented as soon as is feasible once there is a Final Determination, which occurs either (1) upon the outcome of any appeal or (2) the expiration of the window to appeal, without an appeal being requested. 

The sanctions described in the Procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities. 

17. Appeal of the Final Determination 

The Title IX Coordinator will designate an Appeal Decision-maker to hear the appeal. No Appeal Decision-maker will have been previously involved in the Formal Grievance Process for the Formal Complaint. If a panel is used, the Title IX Coordinator will designate a voting chair. 

Appeals are limited to the following grounds: 

a. A procedural irregularity affected the outcome of the matter 

b. There is new evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter 

c. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter 

Any party may submit a written appeal request to the Title IX Coordinator within five (5) business days of the delivery of the notice of outcome. 

Appeal decisions are to be deferential to the original determination, making changes to the Finding/Final Determination only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions are made by majority vote and apply the "clearly erroneous" standard. 

Once an appeal is decided, the outcome is final and constitutes the Final Determination. Further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). 

18. Disability Accommodations 

The College is committed to providing reasonable accommodations and support to qualified Students, Employees, or others with disabilities to ensure equal access to the College’s resolution processes. 

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with Disability Services as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation. 

INFORMAL RESOLUTION PROCESS 

Initiating an Informal Resolution Process requires the Complainant to submit a Written Complaint. Both Parties must voluntarily, willingly, and knowingly consent to participate in an Informal Resolution, and the Title IX Coordinator has sole discretion to determine whether an Informal Resolution is appropriate. Either Party may request an Informal Resolution at any time after a Written Complaint has been submitted, up until the commencement of the live hearing. Informal Resolutions are designed on a case-by-case basis, by the Title IX Coordinator, based on specific facts and circumstances. Two of the most common forms of Informal Resolution are Accepted Responsibility and Alternative Dispute Resolution, though other modalities may be explored as appropriate. 

If the Parties successfully reach a voluntary agreement to resolve the complaint through an informal resolution process, that agreement will be memorialized in writing and signed by the Parties. Thereafter,this resolution is not subject to appeal. When the Parties cannot agree on all terms of resolution, the Formal Grievance Process will either begin or resume. 

1. Accepted Responsibility 

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Formal Grievance Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Title IX Coordinator will determine whether Informal Resolution is an option. 

If Informal Resolution is available, the Title IX Coordinator will determine whether all Parties and the College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted Finding(s) that the Respondent is in violation of College Policy, implements agreed-upon restrictions and remedies, and determines any other appropriate responses in coordination with other appropriate administrator(s), as necessary. 

2. Alternative Dispute Resolution 

The College offers a variety of alternative resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction between the Parties; indirect action by the Title IX Coordinator or other appropriate College officials; and other forms of resolution that can be tailored to the needs of the Parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an alternative resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an alternative resolution process. 

The Title IX Coordinator has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Title IX Advisors, often including terms of confidentiality, release, and non-disparagement. 

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution. 

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. 

Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Formal Grievance Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). Where the failure to abide by the Informal Resolution agreement terms results in a failure to remedy a Policy violation, the Title IX Coordinator must consider whether to dissolve the agreement and reinstate the Formal Grievance Process to remedy the impact as required by law. The results of Written Complaints resolved by alternative resolution are not appealable. 

If an Informal Resolution option is not available or selected, the College will initiate or continue an investigation and subsequent Formal Grievance Process to determine whether the Policy has been violated.