Non-Title IX "Process B": Procedures for the Equal Opportunity and Nondiscrimination Policy

1. Overview

The College will act on any formal or informal allegation or notice of violation of the policy on Equal Opportunity and Nondiscrimination Policy that is received by the Title IX Coordinator1 or a member of the administration, faculty, or other employee, with the exception of confidential resources, as articulated in the Policy.

The procedures described below apply to all allegations of bias, harassment or discrimination on the basis of protected class status involving students, staff, faculty members, or third parties.

These procedures may also be used to address collateral misconduct arising from the investigation of or occurring in conjunction with harassing or discriminatory conduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by this policy will be addressed through the procedures elaborated in the respective student and employee handbooks.

2. Initial Assessment

Following initial meeting entitled “intake,” receipt of notice, or a complaint of an alleged violation of The College’s nondiscrimination Policy, the Title IX Coordinator2 engages in an initial assessment, which is typically one to five business days in duration. The steps in an initial assessment can include:

  • The Title IX Coordinator reaches out to the Complainant to offer supportive measures.
  • The Title IX Coordinator works with the Complainant to ensure they have an Advisor.
  • The Title IX Coordinator works with the Complainant to determine whether the Complainant prefers a supportive response or an Administrative Resolution whether it is formal or informal.
    • If a supportive and remedial response is preferred, the Title IX Coordinator works with the Complainant to identify their wishes and then seeks to facilitate implementation. The Administrative Resolution process is not initiated, though the Complainant can elect to initiate it later, if desired.
    • If an Informal Resolution option is preferred, the Title IX Coordinator assesses whether the complaint is suitable for informal resolution and may seek to determine if the Respondent is also willing to engage in Informal Resolution.
    • If Formal Administrative Resolution is preferred, the Title IX Coordinator initiates the investigation process and determines whether the scope of the investigation will address:
      •  Incident, and/or
      • A potential pattern of misconduct, and/or
      • A culture/climate issue.
  • In many cases, the Title IX Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by the Threat Assessment Team as part of the initial assessment. A VRA can aid in ten critical and/or required determinations, including:
    • Interim suspension of a Respondent who is a threat to health/safety;
    • Whether the Title IX Coordinator should pursue Administrative Resolution absent a willing/able Complainant;
    • Whether to put the investigation on the footing of incident and/or pattern and/or climate;
    • To help identify potentially predatory conduct;
    • To help assess/identify grooming behaviors;
    • Whether a Complaint is amenable to Informal Resolution, and what modality may be most successful;
    • Whether to permit a voluntary withdrawal by the Respondent;
    • Whether to impose transcript notation or communicate with a transfer The College about a Respondent;
    • Assessment of appropriate sanctions/remedies;
    • Whether a Clery Act Timely Warning/Trespass order/Persona-non-grata is needed.

Based on the initial assessment, The College will initiate one of two responses:

  • Informal Administrative Resolution – typically used for less serious offenses and only when all parties agree to Alternate Resolution, or when the Respondent is willing to accept responsibility for violating policy. This can also include a remedies- only response.
  • Formal Administrative Resolution – investigation of policy violation(s) and recommended finding, subject to a determination by decision-makers and the opportunity to appeal to an Appeal Decision-maker.

1 All references herein to a Title IX Coordinator also include a designee of the Title IX Coordinator.
2 If circumstances require, the President or Title IX Coordinator will designate another person to oversee the process below should an allegation be made about the Coordinator or the Coordinator be otherwise unavailable or unable to fulfill their duties.

2.1 Bias Incidents

Reports of bias will be directed through the Informal Resolution Process under Process B unless:

  • the report indicates a pattern of behavior by the Respondent or Respondent group; or
  • the report involves elements of alleged discrimination

The investigation and the subsequent Administrative Resolution determine whether the nondiscrimination policy has been violated. If so, The College will promptly implement effective remedies designed to end the misconduct, prevent recurrence, and address the effects.

The process followed considers the preference of the parties but is ultimately determined at the discretion of the Title IX Coordinator or designee. At any point during the initial assessment or formal investigation, if the Title IX Coordinator or designee determines that reasonable cause does not support the conclusion that policy has been violated, the process will end, and the parties will be notified.

The Complainant may request that the Title IX Coordinator review the reasonable cause determination and/or re-open the investigation. This decision lies in the sole discretion of the Title IX Coordinator, but the request is usually only granted in extraordinary circumstances.

3. Resolution Process Pool

The resolution processes rely on a pool of officials (“Pool”) to carry out the process. Members of the Pool are announced in an annual distribution of this Policy to all students and their parents/guardians, employees, prospective students, and prospective employees.

Members of the Pool are trained annually in all aspects of the resolution process and can serve in any of the following roles, at the direction of the Title IX Coordinator:

  • To provide sensitive intake for and initial advice pertaining to the allegations
  • To act as optional process Advisors to the parties
  • To facilitate Informal Resolution
  • To investigate allegations-investigations will conducted in 2-member teams
  • To serve on a Decision-maker panel
  • To serve on an Appeal Panel

The Title IX Coordinator, in consultation with the President’s Cabinet, carefully vets Pool members for potential conflicts of interest or disqualifying biases and appoints the Pool, which acts with independence and impartiality.

Pool members receive annual training organized by the Title IX Coordinator, including a review of College policies and procedures as well as applicable federal and state laws and regulations so that they are able to appropriately address allegations, provide accurate information to members of the community, protect safety, and promote accountability.

The Pool members receive annual training as a collective group and specific to the role of investigator, decision-maker and advisor. This training includes, but is not limited to:

  • The scope of The College’s Discrimination and Harassment Policy and Procedures
  • How to conduct investigations and hearings that protect the safety of Complainants and Respondents and promote accountability
  • Implicit bias
  • Disparate treatment and impact
  • Reporting, confidentiality, and privacy requirements
  • Applicable laws, regulations, and federal regulatory guidance
  • How to implement appropriate and situation-specific remedies
  • How to investigate in a thorough, reliable, and impartial manner
  • How to uphold fairness, equity, and due process
  • How to weigh evidence
  • How to conduct questioning
  • How to assess credibility
  • Impartiality and objectivity
  • Types of evidence
  • Deliberation
  • How to render findings and generate clear, concise, evidence-based rationales
  • The definitions of all offenses
  • How to apply definitions used by The College with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with policy
  • How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes
  • How to serve impartially, by avoiding prejudgment of the facts at issue, conflicts of interest, and bias
  • Any technology to be use
  • Issues of relevance of questions and evidence
  • Issues of relevance to create an investigation report that fairly summarizes relevant evidence
  • How to determine appropriate sanctions in reference to all forms of harassment and discrimination allegations

The Resolution Process Pool is cross-trained and includes:

  • Title IX Coordinator
  • 2 Deputies-Deputy for Athletics and Deputy for Employee Equity
  • 4 Decision-makers: one representative from HR and one from Student Affairs, two from academic affairs
  •  6 investigators
  • 2 Advisors
  • 3 Appeals Decision-makers

Pool members are usually appointed to three-year terms. Individuals who are interested in serving in the Pool are encouraged to contact the Title IX Coordinator.

4. Counterclaims

Counterclaims by the Respondent may be made in good faith or may instead be motivated by a retaliatory intent. The College is obligated to ensure that any process is not abused for retaliatory purposes.

The College permits the filing of counterclaims, but uses the initial assessment, described above in the Policy section, to assess whether the allegations are made in good faith. If they are, the allegations will be processed using the resolution procedures below, typically after resolution of the underlying allegation.

A delay in the processing of counterclaims is permitted, accordingly. Occasionally, allegations and counterclaims can be resolved through the same investigation, at the discretion of the Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory, and may constitute a violation of this Policy.

5. Advisors

5.1 Expectations of an Advisor

The College generally expects an Advisor to adjust their schedule to allow them to attend College meetings when planned, but The College may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

The College may also make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.

Parties whose Advisors are disruptive or who do not abide by College policies and procedures may face the loss of that Advisor and/or possible Policy violations.

Advisors are expected to consult with their advisees without disrupting The College meetings or interviews. Advisors do not represent parties in the process; their role is only to advise.

5.2 Expectations of the Parties with Respect to Advisors

Each party may choose an Advisor3 who is eligible and available4 to accompany them throughout the process. The Advisor can be anyone, including an attorney, but should not be someone who is also a witness in the process. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The Title IX Coordinator will share the list of college-trained advisors for parties.

The parties are expected to inform the Title IX Coordinator of the identity of their Advisor at least two (2) business days before the date of their first meeting with the Investigator(s) (or as soon as possible if a more expeditious meeting is necessary or desired).

The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time.

Upon written request of a party, The College will copy the Advisor on all communications between The College and the party. The Advisor may be asked to sign a non-disclosure agreement (NDA) regarding private, sensitive records.

For parties who are entitled to union representation, The College will allow the unionized employee to have their union representative (if requested by the party) as well as an Advisor of their choice present for all resolution-related meetings and interviews. To uphold the principles of equity, the other party (regardless of union membership) will also be permitted to have two Advisors. Witnesses are/are not permitted to have union representation or Advisors in grievance process interviews or meetings.

At the discretion of the Title IX Coordinator, more than one Advisor may be permitted to the parties, upon request. For equity purposes, if one party is allowed another Advisor, the other party must be allowed one to as well.

The College maintains a listing of local attorneys who may offer discounted or pro bono services here (link).

For representation, Respondents may wish to contact organizations such as:

Complainants may wish to contact organizations such as:

3 This could include an attorney, advocate, or support person. Witnesses are not entitled to Advisors within the process, though they can be advised externally. If The College allows more than one Advisor for one party, they should do so for all parties.
4 “Available” means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or
availability. Also, the Advisor cannot have institutionally conflicting roles, such as being a Title IX administrator who has an active role in the matter, or a supervisor who must monitor and implement sanctions.

6. Resolution Options

Proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accord with The College Policy.

While there is an expectation of privacy around what is discussed during interviews, the parties have discretion to share their own experiences with others if they so choose but are encouraged to discuss with their Advisors first before doing so.

6.1 Informal Administrative Resolution

Informal Resolution is applicable when the parties voluntarily agree to resolve the matter through Alternate Resolution (mediation, restorative practices, etc.), or when the Respondent accepts responsibility for violating Policy, or when the Title IX Coordinator or designee can resolve the matter informally by providing remedies to resolve the situation. For matters involving a bias incident, informal administrative resolution is the only resolution process available unless circumstances outlined above indicate otherwise.

It is not necessary to pursue Informal Resolution first in order to pursue Administrative Resolution, and any party participating in Informal Resolution can stop the process at any time and request the Administrative Resolution process. Further, if an Informal Resolution fails after the fact, Administrative Resolution may be pursued.

6.1.1 Alternative Resolution

Alternative Resolution is an informal process, such as mediation or restorative practices, by which a mutually agreed upon resolution of an allegation is reached. It may be used for less serious, yet inappropriate, behaviors and is encouraged as an alternative to the Administrative Resolution process (described below) to resolve conflicts. The parties must consent to the use of Alternate Resolution.

The Title IX Coordinator or designee determines if Alternative Resolution is appropriate, based on the willingness of the parties, the nature of the conduct at issue, and the susceptibility of the conduct to Alternative Resolution.

In an Alternative Resolution meeting, a trained administrator facilitates a dialogue with the parties to an effective resolution, if possible. Institutionally-imposed sanctions are not possible as the result of an Alternative Resolution process, though the parties may agree to accept sanctions and/or appropriate remedies.

The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution can result in appropriate enforcement actions.

Alternative Resolution is not typically the primary resolution mechanism used to address reports of violent behavior of any kind or in other cases of serious violations of policy, though it may be made available after the Administrative Resolution process is completed should the parties and the Title IX Coordinator believe it could be beneficial. The results of Alternative Resolution are not appealable.

6.1.2 Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent accepts responsibility, the Title IX Coordinator or designee makes a determination that the individual is in violation of The College Policy.

The Title IX Coordinator then routes to the appropriate decision-makers (Dean of Students for student conduct or Human Resources for employees) to determine appropriate sanction(s) or responsive actions, which are promptly implemented in order to effectively stop the harassment, discrimination, and/or retaliation; prevent its recurrence; and remedy the effects of the conduct, both on the Complainant and the community.

If the Respondent accepts responsibility for all of the alleged policy violations and the appropriate decision maker, Dean of Students for students and Human Resources for employees, determines appropriate sanction(s) or responsive actions, which are promptly implemented, the process is over. The Complainant will be informed of this outcome.

If the Respondent accepts responsibility for some of the alleged policy violations, appropriate decision maker, Dean of Students for students and Human Resources for employees, determines appropriate sanction(s) or responsive actions which are promptly implemented, for those violations, then the remaining allegations will continue to be investigated and resolved. The Complainant will be informed of this outcome. The parties are still able to seek Alternate Resolution on the remaining allegations, subject to the stipulations above.

7. Formal Administrative Resolution

Formal Administrative Resolution can be pursued for any behavior for which the Respondent has not accepted responsibility that constitutes conduct covered by the Equal Opportunity, Harassment, and Nondiscrimination Policy at any time during the process. Formal Administrative Resolution starts with a thorough, reliable, and impartial investigation.

If Administrative Resolution is initiated, the Title IX Coordinator or designee will provide written notification of the investigation to the parties at an appropriate time during the investigation. Typically, notice is given at least 48 hours in advance of an interview.Advanced notice facilitates the parties’ ability to meet with The College-appointed advisor or identify and choose an Advisor, if any, to accompany them to the interview.

Notification will include a meaningful summary of the allegations, the code of conduct violated will be made in writing and may be delivered by one or more of the following methods: in person, or emailed to the parties’ College-issued or designated email account.

Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. The notification should include the policies allegedly violated, if known at the time.
Alternatively, the policies allegedly violated can be provided at a later date, in writing, as the investigation progresses, and details become clearer.

The College aims to complete all investigations within a sixty (60) business-day time period, which can be extended as necessary for appropriate cause by the Title IX Coordinator, with notice to the parties as appropriate.

Once the decision is made to commence an investigation, the Title IX Coordinator or designee appoints Pool members to conduct the investigation (typically using a team of two Investigators), usually within two (2) days of determining that an investigation should proceed.

The Title IX Coordinator will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no conflicts of interest or disqualifying bias.

The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Investigator will be assigned and the impact of the bias or conflict, if any, will be remedied. If the bias or conflict relates to the Title IX Coordinator, concerns should be raised with Steve Lyons, Vice President of Student Affairs.

Investigations are completed expeditiously, normally within 10-20 business days, though some investigations take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.

The College will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

The College may undertake a short delay in its investigation (several days to weeks, to allow evidence collection) when criminal charges based on the same behaviors that invoke The College’s resolution process are being investigated by law enforcement. The College will promptly resume its investigation and resolution process once notified by law enforcement that the initial evidence collection process is complete.

College action(s) are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

Investigations involve interviews with all relevant parties and witnesses, obtaining available, relevant evidence, and identifying sources of expert information, as necessary.

All parties have a full and fair opportunity, though the investigation process, to suggest witnesses and questions, to provide evidence, and to fully review and respond to all evidence, on the record.

8. Investigation

The Investigators typically take the following steps, if not already completed (not necessarily in this order):

8.1 Pre-investigation

Pre-investigation is conducted by the Title IX Coordinator or designee. Tasks may include but not limited to

  • Determining the identity and contact information of the Complainant
  • Initiate any necessary supportive measures
  • Identify all policies implicated by the alleged misconduct
  • Conducting an initial assessment to determine if there is reasonable cause to believe the Respondent has violated policy
  • If there is insufficient evidence to support reasonable cause, the process is closed with no further action
  • Prepare the initial Notice of Investigation and Allegation (NOIA) on the basis of the initial assessment. Notice may be one step or multiple steps, depending on how the investigation unfolds, and potential policy violations may be added or dropped as more is learned. Investigators will update the NOIA accordingly and provide it to the parties.
  • Notice should inform the parties of their right to have the assistance of a Pool member as a process Advisor appointed by The College or other Advisor of their choosing present for all meetings attended by the advisee
  • When formal notice is being given, it should provide the parties with a written description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result

8.2 Investigation-(usually conducted by a team of 2)

  • Commence a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all parties and witnesses
  • Meet with the Complainant to finalize their statement, if necessary
  • Give an instruction to the parties to preserve any evidence that is directly related to the allegations
  • Interview all relevant individuals and conduct follow-up interviews as necessary
  • Allow each party the opportunity to suggest questions they wish the Investigator(s) to ask of the other party and witnesses
  • Provide the parties and witnesses with an opportunity to review and verify the Investigator’s summary notes from interviews and meetings with that specific party or witness
  • Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible
  • Complete the investigation promptly and without unreasonable deviation from the intended timeline
  • Provide regular status updates to the parties throughout the investigation
  • Prior to the conclusion of the investigation, summarize for the parties the list of witnesses whose information will be used to render a finding
  • Write a comprehensive investigation report fully summarizing the investigation and all evidence
  • Provide parties with a copy of the draft investigation report when it is completed, including all relevant evidence, analysis, credibility assessments, and recommended finding(s)
  • Provide each party with a full and fair opportunity to respond to the report in writing within 7 days and incorporate that response into the report
  • Investigators may choose to respond in writing in the report to the responses of the parties, and/or to share the responses between the parties for their responses, while also ensuring that they do not create a never-ending feedback loop
  • Share the report with the Title IX Coordinator review and feedback
  • Gather, assess, and synthesize evidence without making a finding, conclusion, determination or recommendation
  • Provide the final report to the Title IX Coordinator.

9. Determination

Within two to three days of receiving the Investigation report, the Title IX Coordinator will appoint a decision-making panel of three (3) from the Pool who reviews the report and all responses, and then makes the final determination on the basis of the preponderance of the evidence.

If the record is considered incomplete upon review by the decision maker panel, the Title IX Coordinator may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary, including informally meeting with the parties or any witnesses, if needed.

The Title IX Coordinator may invite and consider impact statements from the parties if and when determining appropriate sanction(s),if any.

The Title IX Coordinator then timely provides the parties with a written Notice of Outcome to include findings, any sanction(s), and a detailed rationale, delivered simultaneously (without undue delay) to the parties.

10. Additional Details of the Investigation Process

10.1 Witness responsibilities

Witnesses (as distinguished from the parties) who are faculty or staff of The College are expected to cooperate with and participate in The College’s investigation and resolution process. Failure of a witness to cooperate with and/or participate in the investigation or resolution process constitutes a violation of Policy and may be subject to discipline.

10.2 Remote processes

Parties and witnesses may be interviewed remotely by phone, video conferencing, or similar technologies if the Investigator(s) or Decision-maker determine that timeliness or efficiency dictates a need for remote interviewing. Witnesses may also provide written statements in lieu of interviews, or respond to questions in writing, if deemed appropriate by the Investigator(s), though this approach is not ideal. Where remote technologies are used, The College makes reasonable efforts to ensure privacy, and that any technology does not work to the detriment of any party or subject them to unfairness.

10.3 Recording

No unauthorized audio or video recording of any kind is permitted during the resolution process. If Investigator(s) may elect to audio and/or video record interviews, all involved parties must be made aware of the audio and/or video recording.

10.4 Evidence

Any evidence that is relevant and credible may be considered, including an individual’s prior misconduct history as well as evidence indicating a pattern of misconduct. The process should exclude irrelevant or immaterial evidence and may disregard evidence lacking in credibility or that is improperly prejudicial.

10.5 Sexual history/patterns

Unless the Title IX Coordinator determines it is appropriate, the investigation and the finding do not consider: (1) incidents not directly related to the possible violation, unless they evidence a pattern; (2) the sexual history of the parties (though there may be a limited exception made with regard to the sexual history between the parties).

10.6 Previous allegations/violations

While previous conduct violations by the Respondent are not generally admissible as information supporting the current allegation, the Investigators may supply the Title IX Coordinator with information about previous good faith allegations and/or findings, when that information suggests potential pattern and/or predatory conduct.

Previous disciplinary action of any kind involving the Respondent may be considered in determining the appropriate sanction(s), if The College uses a progressive discipline system.

10.7 Character witnesses

Character witnesses or evidence may be offered. The investigation and hearing will determine if the character evidence is relevant. If so, it may be considered. If not, it will be excluded.

11. Notification of Outcome

If the Respondent is found in violation, the decision making panel, in consultation with other administrators as appropriate, determines sanction(s) and/or responsive actions, which are promptly implemented in order to effectively to stop the harassment, discrimination, and/or retaliation; prevent its recurrence; and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

The Title IX Coordinator informs the parties of the determination within two to three business days of the resolution, ideally simultaneously, but without significant time delay between notifications. Notifications are made in writing and may be delivered by one or more of the following methods: in person or emailed to the parties’ The College-issued or designated email account. Once emailed, and/or received in-person, notice is presumptively delivered.

The Notification of Outcome specifies the finding for each alleged policy violation, any sanction(s) that may result which The College is permitted to share pursuant to state or federal law, and the rationale supporting the essential findings to the extent The College is permitted to share under state or federal law.

The notice will detail when the determination is considered final and will detail any changes that are made prior to finalization.

Unless based on an acceptance of violation by the Respondent, the determination may be appealed by either party. The Notification of Outcome also includes the grounds on which the parties may appeal and the steps the parties may take to request an appeal of the findings. More information about the appeal procedures can be found in section 11 below.

12. Sanctions

Factors considered when determining any sanction(s)/responsive action(s) may include, but are not limited to:

  • The nature, severity of, and circumstances surrounding the violation
  • An individual’s disciplinary history
  • Previous allegations or allegations involving similar conduct
  • The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
  • The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
  • The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
  • The impact on the parties
  • Any other information deemed relevant by the Title IX Coordinator

The sanction(s) will be implemented as soon as is feasible. The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed by outside authorities.

12.1 Student Sanctions

The following are the sanctions that may be imposed upon students or student organizations singly or in combination:

  • Warning: A formal statement that the behavior was unacceptable and a warning that further infractions of any College policy, procedure, or directive will result in more severe sanctions/responsive actions.
  • Probation: A written reprimand for violation of College Policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any College policy, procedure or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
  • Suspension: Termination of student status for a definite period of time not to exceed two years, and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at The College.
  • Expulsion: Permanent termination of student status, revocation of rights to be on campus for any reason or attend College sponsored events.
  • Withholding Diploma and/or Official Transcripts: The College may withhold a student’s diploma and/or official transcripts for a specified period of time, and/or deny a student participation in commencement activities, if the student has an allegation pending, or as a sanction if the student is found responsible for an alleged violation.
  • Revocation of Degree: The College reserves the right to revoke a degree previously awarded from the College for fraud, misrepresentation, or other violation of College policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
  • Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including registration), for a specified period of time.
  • Other Actions: In addition to or in place of the above sanctions, The College may assign any other sanctions as deemed appropriate.

12.2 Employee Sanctions

Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include:

  • Warning – Verbal or Written
  • Performance Improvement/Management Process
  • Required Counseling
  • Required Training or Education
  • Probation
  • Loss of Annual Pay Increase
  • Loss of Oversight or Supervisory Responsibility
  • Demotion
  • Suspension with pay
  • Suspension without pay
  • Termination
  • Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.

13. Withdrawal or Resignation While Charges are Pending

13.1 Students

The College does not permit a student to withdraw if that student has an allegation pending for violation of the policy on Equal Opportunity, Harassment, and Nondiscrimination. The College may place a hold, bar access to an official transcript, and/or prohibit graduation as necessary to permit the resolution process to be completed.

13.2 Employees

Should an employee resign with unresolved allegations pending, the records of the Title IX Coordinator will reflect that status, and any The College responses to future inquiries
regarding employment references for that individual will include the former employee’s unresolved status.

14. Appeals

All requests for appeal consideration must be submitted in writing to the Title IX Coordinator within three (3) business days of the delivery of the written finding. Any party may appeal the findings only under the grounds described below.

A three-member appeals panel chosen from the Pool will be designated by the Title IX Coordinator from those who have not been involved in the process previously. One member of the Appeal Panel will be designated as the Chair. Any party may appeal, but appeals are limited to the following grounds:

  • A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures
  • To consider new evidence, unknown or unavailable during the investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
  • The sanctions imposed are substantially disproportionate to the severity of the offense.

When any party requests an appeal, the Title IX Coordinator will share the appeal request with the other party (ies) or other appropriate persons such as the Investigator(s), who may file a response within three (3) business days. The other party may also bring their own appeal on separate grounds.

If new grounds are raised, the original appealing party will be permitted to submit a written response within 3 business days. These responses or appeal requests will be shared with each party. The Appeal Chair/Panel will review the appeal request(s) within 7 business days of completing the pre-appeal exchange of materials. If grounds are not sufficient for an appeal, or the appeal is not timely, the appeal Chair/Panel dismisses the appeal.

When the appeal Chair/panel finds that at least one of the grounds is met by at least one party, additional principles governing the review of appeals include the following:

  • Decisions by the Appeal Panel are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is compelling justification to do so.
  • Appeals are not intended to be full re-hearings (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the investigation and pertinent documentation regarding the grounds for appeal.
  • An appeal is not an opportunity for the Appeal Panel to substitute their judgment for that of the original Investigator(s) or Decision-making panel merely because they disagree with the finding and/or sanction(s).
  • Appeals granted based on new evidence should normally be remanded to the Investigator(s) for reconsideration. Other appeals should be remanded at the discretion of the Appeal Chair/Panel.
  • Sanctions imposed as the result of Formal Administrative Resolution are implemented immediately unless the Title IX Coordinator stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
    • For students: Graduation, study abroad, internships/ externships, etc., do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal.
  • All parties will be informed in writing within 3 business days of the outcome of the appeal without significant time delay between notifications, and in accordance with the standards for Notice of Outcome as defined above.
  • Once an appeal is decided, the outcome is final; further appeals are not permitted, even if a decision or sanction is changed on remand.
  • In rare cases when a procedural [or substantive] error cannot be cured by the original Investigator(s) and/or Decision-maker panel (as in cases of bias), the Appeal Chair/Panel may recommend a new investigation and/or Administrative Resolution process, including a new resolution administrator.
  • The results of a new Administrative Resolution process can be appealed once, on any of the three applicable grounds for appeals.
  • In cases in which the appeal results in Respondent’s reinstatement to The College or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

15. Long-Term Remedies/Actions

Following the conclusion of the resolution process, and in addition to any sanctions implemented, the Title IX Coordinator or designee may implement long-term remedies or actions with respect to the parties and/or the campus community to stop the harassment, discrimination, and/or retaliation; remedy its effects; and prevent its reoccurrence.

These remedies/actions may include, but are not limited to:

  • Referral to counseling and health services
  • Referral to the Employee Assistance Program
  • Education to the community
  • Permanent alteration of housing assignments
  • Permanent alteration of work arrangements for employees
  • Provision of campus safety escorts
  • Climate surveys
  • Policy modification
  • Provision of transportation accommodations
  • Implementation of long-term contact limitations between the parties
  • Implementation of adjustments to academic deadlines, course schedules, etc.

At the discretion of the Title IX Coordinator, long-term remedies may also be provided to the Complainant even if no policy violation is found.

When no policy violation is found, the Title IX Coordinator will address any remedial requirements owed by The College to the Respondent.

16. Failure to Complete Sanctions/Comply with Interim and Long-term Remedies/Responsive Actions

All Respondents are expected to comply with conduct sanctions, responsive actions, and corrective actions within the timeframe specified by the Title IX Coordinator.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/responsive/corrective action(s), including suspension, expulsion, and/or termination from The College and may be noted on a student’s official transcript.

A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.

17. Recordkeeping

In implementing this policy, records of all allegations, investigations, resolutions, and hearings will be kept indefinitely, or as required by state or federal law or institutional policy, by the Title IX Coordinator in the Title IX case database.

18. Statement of the Rights of the Parties

(see Appendix C below)

19. Disabilities Accommodation in the Resolution Process

The College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the resolution process at The College. Anyone needing such accommodations or support should contact The Center for Equal Access, who will review the request and, in consultation with the person requesting the accommodation, and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

20. Revision

These policies and procedures will be reviewed and updated annually by the Title IX Coordinator. The College reserves the right to make changes to this document as necessary and once those changes are posted online, they are in effect.

The Title IX Coordinator may make minor modifications to these procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules.

The Title IX Coordinator may also vary procedures materially with notice (on The College website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure.

Procedures in effect at the time of the resolution will apply to resolution of incidents, regardless of when the incident occurred.

Policy in effect at the time of the offense will apply even if the policy is changed subsequently but prior to resolution, unless the parties consent to be bound by the current policy.

If government regulations change in a way that impacts this document, this document will be construed to comply with the most recent government regulations.

This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such policies and codes, generally.

This procedure was implemented August 14, 2020.

21. APPENDIX C: STATEMENT OF RIGHTS OF THE PARTIES

  • The right to an equitable investigation and resolution of all credible allegations of prohibited harassment or discrimination made in good faith to College officials.
  • The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions.
  • The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.
  • The right to be informed in advance of any public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
  • The right not to have any personally identifiable information released to the public without consent provided, except to the extent permitted by law.
  • The right to be treated with respect by College officials.
  • The right to have College policies and procedures followed without material deviation.
  • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
  • The right not to be discouraged by College officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.
  • The right to be informed by College officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by College authorities in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report, as well.
  • The right to have allegations of violations of this Policy responded to promptly and with sensitivity by College security and/or other College officials.
  • The right to be informed of available interim actions and supportive measures, such as counseling; advocacy; health care; legal, student financial aid, visa, and immigration assistance; or other services, both on campus and in the community.
  • The right to a College-implemented no-contact order or a no-trespass order against a non- affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct that presents a danger to the welfare of the party or others.
  • The right to be informed of available assistance in changing academic, living, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
    • Relocating an on-campus student’s housing to a different on-campus location
    • Assistance from College staff in completing the relocation
    • Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation)
    • Transportation accommodations
    • Visa/immigration assistance
    • Arranging to dissolve a housing contract and a pro-rated refund
    • Exam, paper, and/or assignment rescheduling or adjustment
    • Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)
    • Transferring class sections
    • Temporary withdrawal/leave of absence (may be retroactive)
    • Campus safety escorts
    • Alternative course completion options.
  • The right to have The College maintain such actions for as long as necessary and for supportive measures to remain private, provided privacy does not impair The College’s ability to provide the supportive measures.
  • The right to receive sufficiently advanced, written notice of any meeting or interview involving the other party, when possible.
  • The right to ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses.
  • The right to provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant by the Investigator(s)/Chair, may be asked of any party or witness.
  • The right to have inadmissible prior sexual history or irrelevant character evidence excluded by the decision-maker.
  • The right to know the relevant and directly related evidence obtained and to respond to that evidence.
  • The right to fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
  • The right to receive a copy of the investigation report, including all factual, policy, and/or credibility analyses performed, and all relevant and directly related evidence available and used to produce the investigation report, subject to the privacy limitations imposed by state and federal law, prior to the hearing, and the right to have at least ten (10) business days to review the report prior to the hearing.
  • The right to respond to the investigation report, including comments providing any additional relevant evidence after the opportunity to review the investigation report, and to have that response on the record.
  • The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
  • The right to regular updates on the status of the investigation and/or resolution.
  • The right to have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-maker(s) who have received at least eight hours of relevant annual training.
  • The right to a Hearing Panel that is not single-sex in its composition, if a panel is used.
  • The right to preservation of privacy, to the extent possible and permitted by law.
  • The right to meetings, interviews, and/or hearings that are closed to the public.
  • The right to petition that any The College representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
  • The right to have an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process.
  • [The right to have The College compel the participation of faculty and staff witnesses].
  • The right to the use of the appropriate standard of evidence, preponderance of the evidence; to make a finding after an objective evaluation of all relevant evidence.
  • The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing.
  • The right to have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but prior to sanctioning.
  • The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) of the resolution process and a detailed rationale therefor (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the parties.
  • The right to be informed in writing of when a decision by The College is considered final and any changes to the sanction(s) that occur before the decision is finalized.
  • The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by The College.
  • The right to a fundamentally fair resolution as defined in these procedures.

ATIXA 2020 One Policy, Two Procedures. Use and adaptation of this model is permitted through a limited license to The College of St. Scholastica. All other rights Reserved. ©2020. ATIXA

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