RESOLUTION PROCESS FOR ALLEGED VIOLATIONS OF EQUAL OPPORTUNITY,

HARASSMENT, AND NONDISCRIMINATION POLICY (Hereinafter the “Resolution Process”)

 

1. Overview

    

   The College will act on any Notice, Complaint, or Knowledge of a potential violation of the Interim Equal Opportunity, Harassment and Nondiscrimination Policy (“the Policy”) that the Title IX Coordinator or any other Mandated Reporter receives by applying the Resolution Process below.

    

   The procedures below apply to all allegations of discrimination on the basis of an actual or perceived protected characteristic, harassment, retaliation, or Other Prohibited Conduct involving students, employees, or third parties.

    

2. Notice/Complaint

    

   Upon receipt of a report or notice to the Title IX Coordinator of an alleged violation of the Policy, The College initiates a prompt initial assessment to determine the next steps The College needs to take.

    

   The College will initiate at least one of three responses:

   1. Offering supportive measures or remedies because the Complainant does not want to proceed formally; and/or

   2. An informal resolution; and/or

   3. A Formal Grievance Process including an investigation and a hearing

      The investigation and grievance process will determine whether or not the Policy has been violated. If so, The College will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to harassment or discrimination, their potential recurrence, or their effects.

       

3. Initial Assessment

   The Title IX Coordinator conducts an initial assessment, typically within seven (7) business days of receiving Notice/Complaint/Knowledge of alleged misconduct.1 The initial assessment typically includes:

    

   • Assessing whether the reported conduct may reasonably constitute a violation of the Policy.

     • If the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process, if applicable.

   • Determining whether The College has jurisdiction over the reported conduct, as defined in the Policy.

     • If the conduct is not within The College jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate College office for resolution.

   • Offering and coordinating supportive measures for the Complainant.

   • Offering and coordinating supportive measures for the Respondent, as applicable.

   • Notifying the Complainant, or the person who reported the allegation(s), of the available resolution options, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below.

   • Determining whether the Complainant wishes to initiate a Complaint.

   • Notifying the Respondent of the available resolution options , including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below, if a Complaint is made.

   • Informal Resolution.

      

     1. Bias Incidents

         

        Reports of bias will be directed through the Informal Resolution Process 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 Informal 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.

      

     1If circumstances require, the President or Title IX Coordinator will designate another person to oversee the Resolution Process should an allegation be made about the Title IX Coordinator or the Title IX Coordinator be otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

      

     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.

      

     1. Violence Risk Assessment

         

        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:

         

        • Emergency removal of a Respondent on the basis of immediate threat to physical health/safety;

        • Whether the Title IX Coordinator should pursue/sign a formal complaint absent a willing/able Complainant;

        • Whether to put the investigation on the footing of incident and/or pattern and/or climate;

        • To help identify potential predatory conduct;

        • To help assess/identify grooming behaviors;

        • Whether it is reasonable to try to resolve a complaint through informal resolution, and what modality may be most successful;

        • Whether to permit a voluntary withdrawal by the Respondent;

        • Assessment of appropriate sanctions/remedies (to be applied post-hearing); and/or

        • Whether a Clery Act Timely Warning/No Trespass order/Persona-non-grata is needed.

         

        Threat assessment is the process of evaluating the actionability, not perceived act of violence by an individual against another person or group following the issuance of a direct or conditional threat. A VRA is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditional, or direct threat.

         

        VRAs require specific training and are typically conducted by psychologists, clinical counselors, social workers, case managers, law enforcement officers, student conduct officers, or other members of the Student of Concern team. A VRA authorized by the Title IX Coordinator should occur in collaboration with the Title IX Core Team. Where a VRA is required by the Title IX Coordinator, a Respondent refusing to cooperate may result in a

        charge of failure to comply within the appropriate student or employee conduct process.

         

        A VRA is not an evaluation for an involuntary behavioral health hospitalization, nor is it a psychological or mental health assessment. A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources, and psychology.

         

     2. Student/Employee Applicability

      

     When a Complainant or Respondent is both a student and an employee of The College, The College will make a fact specific inquiry to determine whether the requirements of this Resolution Process apply. In making this determination, The College will consider whether the party’s primary relationship with the postsecondary institution is to receive an education and whether the alleged sex-based harassment occurred while the party was performing employment-related work.

      

4. Dismissal

 

The Title IX Coordinator may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met:

 

1. The Complainant is unable to identify the Respondent after taking reasonable steps to do so

2. The College no longer enrolls or employs the Respondent

3. A Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the Title IX Coordinator declines to initiate a Complaint

4. The Title IX Coordinator determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven

    

   Upon any dismissal, the Title IX Coordinator will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, the Title IX Coordinator will also notify the Respondent of the dismissal.

    

   This dismissal decision is appealable by any party. A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.

    

   1. Appeal of Dismissal

      The Complainant may appeal a dismissal of their Complaint. The Respondent may also appeal the dismissal of the Complaint if dismissal occurs after the Respondent has been made aware of the allegations. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal.

       

      The Title IX Coordinator will notify the Parties of any appeal of the dismissal. If, however, the Complainant appeals, but the Respondent was not notified of the Complaint, the Title IX Coordinator must then provide the Respondent with a NOIA and will notify the Respondent of the Complainant’s appeal with an opportunity to respond.

       

      Throughout the dismissal appeal process, the The College will:

       

      • Implement dismissal appeal procedures equally for the Parties.

      • Assign a trained Dismissal Appeal Officer who did not take part in an investigation of the allegations or dismissal of the Complaint.

      • Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal.

      • Notify the Parties of the result of the appeal and the rationale for the result.

         

        The grounds for dismissal appeals are limited to:

         

      • Procedural irregularity that would change the outcome.

      • New evidence that would change the outcome and that was not reasonably available when the dismissal was decided.

      • The Title IX Coordinator, Investigator, or Decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

      • The dismissal was erroneously granted or denied.

        1.  
        2.  

The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more Parties, the Title IX Coordinator will share the petition with all other Parties and provide three (3) business days for other Parties and the Title IX Coordinator to respond to the request. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other Parties and/or the Title IX Coordinator to the Dismissal Appeal Officer for consideration.

 

If the Request for Appeal does not provide information that meets the grounds in this Policy, the Dismissal Appeal Officer will deny the request, and the Parties, their Advisors, and the Title IX Coordinator will be notified in writing of the denial and the rationale.

 

If any of the asserted grounds in the appeal satisfy the grounds described in this Policy, then the Dismissal Appeal Officer will notify all Parties and their Advisors, and the Title IX Coordinator, of their decision and rationale in writing. The effect will be to reinstate the Complaint.

 

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Officer has seven (7) business days to review and decide on the appeal, though extensions can be granted at the Title IX Coordinator’s discretion, and the Parties will be notified of any extension.

 

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

 

The Dismissal Appeal Officer may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

 

1. 5. Counterclaims

 

The College is obligated to ensure that the grievance process is not abused for retaliatory purposes. The College permits the filing of counterclaims but uses an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith. Counterclaims by the Respondent may be made in good faith or may instead be motivated by a retaliatory intent. Counterclaims made with retaliatory intent will not be permitted.

Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur.

Counterclaims may also be resolved through the same investigation as the underlying allegation, 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.

 

1. 6. Right to an Advisor

The parties may each have an Advisor of their choice present with them for all meetings and interviews within the resolution process, if they so choose. The College will appoint a trained advisor on a parties’ behalf, though parties have the right to refuse and select their own Advisor as long the Advisor is eligible and available.2

 

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the hearing Decision-maker(s).

 

The College may permit parties to have more than one Advisor upon special request to the Title IX Coordinator. The decision to grant this request is at the sole discretion of the Title IX Coordinator and will be granted equitably to all parties.

 

1. Who Can Serve as an Advisor

    

   The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of The College community.

    

   The Title IX Coordinator will assign a trained Advisor from the College pool for any party who wants one assigned.

    

   If the parties choose an Advisor from outside the pool of those identified by the College, the Advisor may not have been trained by The College and may not be familiar with College policies and procedures.

    

   Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing.

    

b. Advisors in Hearing/The College-Appointed Advisor

 

Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

 

 

2“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.

 

The Parties are expected to ask and respond to questions on their own behalf throughout the Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

 

If a party does not have an Advisor for a hearing, The College will appoint a trained Advisor.

A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor during a hearing.

 

c. Advisor’s Role

 

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

 

The College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, The College is not obligated to provide an attorney.

 

d. Advisor Violations of The College’s Policy

 

All Advisors are subject to the same College policies and procedures, whether they are attorneys or not. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address The College officials in a meeting or interview unless invited to (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee3 during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or other Decision-maker(s).

 

The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

 

 

3 Subject to the state law provisions or The College policy above.

 

Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

 

e. Sharing Information with the Advisor

 

The College expects that the parties may wish to have The College share documentation and evidence related to the allegations with their Advisors. Parties may share this information directly with their Advisor individuals if they wish. Doing so may help the parties participate more meaningfully in the resolution process.

 

The College also provides a consent form that authorizes The College to share such information directly with their Advisor. The parties must either complete and submit this form to the Title IX Coordinator or provide similar documentation demonstrating consent to a release of information to the Advisor before The College is able to share records with an Advisor.

 

f. Privacy of Records Shared with Advisor

 

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by The College.

 

g. Expectations of an Advisor

 

The College expects an Advisor Agreement form to be completed prior to any attendance in meetings along with the party. The College generally expects an Advisor to adjust their schedule to allow them to attend the meetings when planned but 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.

 

h. Expectations of the Parties with Respect to Advisors

 

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) business days before the date of their first meeting with Investigators (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. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured. Parties are expected to inform the Title IX Coordinator of the identity of their hearing Advisor at least two (2) business days before the hearing.

 

The College fully respects and accords the Weingarten rights of unionized employees. 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 not permitted to have union representation or Advisors in grievance process interviews or meetings.

 

i. Assistance in Securing an Advisor

 

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

 

• Families Advocating for Campus Equality

   

  Complainants may wish to contact organizations such as:

• The Victim Rights Law Center

• The National Center for Victims of Crime which maintains the Crime Victim’s Bar Association.

• The Time’s Up Legal Defense Fund

 

7. Resolution Options

 

Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accordance with The College policy. While there is an expectation of privacy around what Investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose. The College encourages parties to discuss this with their Advisors before doing so.

 

8. Informal Resolution

 

The College offers four categories of Informal Resolution:

 

• Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation.

   

• Educational Conversation. When the Title IX Coordinator can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations or can accompany the Complainant in their desire to confront the conduct.

   

• Accepted Responsibility. When the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Complainant(s) and The College are agreeable to the resolution terms.

   

• Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.

   

  To initiate Informal Resolution, a Complainant needs to submit a formal complaint, as defined above. If a Respondent wishes to initiate Informal Resolution, they should contact the Title IX Coordinator.

   

  It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process.

   

  Prior to implementing Informal Resolution, The College will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by The College.

   

  The College will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

   

a. Alternate Resolution

 

Alternate Resolution is an informal process including mediation or restorative practices by which a mutually agreed upon resolution of an allegation is reached. All parties must consent to the use of Alternate Resolution.

 

The Title IX Coordinator may look to the following factors to assess whether Alternate Resolution is appropriate, or which form of Alternate Resolution may be most successful for the parties:

 

• ● The parties’ amenability to Alternate Resolution;
• ● Likelihood of potential resolution, taking into account any power dynamics between the parties;
• ● The parties’ motivation to participate;
• ● Civility of the parties;
• ● Cleared violence risk assessment/ongoing risk analysis;
• ● Disciplinary history;
• ● Whether an emergency removal is needed;
• ● Skill of the Alternate Resolution facilitator with this type of complaint;
• ● Complaint complexity;
• ● Emotional investment/intelligence of the parties;
• ● Rationality of the parties;
• ● Goals of the parties;
• ● Adequate resources to invest in Alternate Resolution (time, staff, etc.)

 

The ultimate determination of whether Alternate Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Informal Resolution or Alternate Resolution are not appealable.

 

b. 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 indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria in that section above.

 

If Informal Resolution is applicable, the Title IX Coordinator will determine whether all parties and The College are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of The College policy and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary.

This result is not subject to appeal once all parties indicate their written assent to all agreed upon terms of resolution. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.

 

When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

 

9. Formal Grievance Resolution Process

 

The Resolution Process relies on a pool of administrators (“the Pool”) to carry out the process.

 

1. Resolution Process Pool

    

   The Formal Grievance Process relies on a pool of investigators, advisors, decision-makers and deputies (“the Pool”) to carry out the process.

    

   1. Pool Member Roles

       

      Members of the Pool are trained annually, and can serve in the following roles, at the discretion of the Title IX Coordinator

       

      • Appropriate intake of and initial guidance pertaining to Complaints

      • Advisor to Parties

      • Informal Resolution Facilitator

      • Perform or assist with initial evaluation

      • Investigator

      • Hearing Facilitator

      • Decision-maker for challenges to emergency removal and supportive measures

      • Decision-maker

      • Appeal of Dismissal Decision-maker

      • Appeal Decision-maker

   2. Pool Member Training

       

      The Pool members receive annual and ongoing training. 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

      • 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

      • The ways that trauma may or may not impact on memory and evidence

      • Supportive measures and community resources

      • Any technology to be used at a live hearing

      • 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, discrimination, and/or retaliation allegations

 

Specific training is also provided for the Title IX Coordinator, Deputies, Decision-makers, Appeal Decision-makers, Investigators, Advisors (who are college employees), and Chairs.

 

10. Notice of Investigation and Allegations (NOIA)

 

The Title IX Coordinator will provide written notice of the investigation and allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to be informed of their rights, offer supportive measures, prepare for the interview and be assigned a CSS-appointed advisor or to identify an Advisor to accompany them. The NOIA is also copied to the Complainant, who is to be given advance notice of when the NOIA will be delivered to the Respondent.

 

The NOIA typically includes:

• ● A meaningful summary of all allegations
• ● The identity of the involved Parties (if known)
• ● The precise misconduct being alleged
• ● The date and location of the alleged incident(s) (if known)
• ● The specific policies implicated
• ● A description of, link to, or copy of the applicable procedures
• ● A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
• ● 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 The College presumes the Respondent is not responsible for the reported misconduct unless and until a determination is made at the conclusion of the grievance 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 evidence
• ● A statement that retaliation is prohibited 
• ● Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share The College work product obtained through the Resolution Process
• ● A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the Resolution Process
• ● A statement informing the Parties that the The College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process
• ● Detail on how a party may request disability accommodations or other support assistance during the Resolution Process
• ● A link to the The College’s VAWA Brochure
• ● An instruction to preserve any evidence that is directly related to the allegations
• ● A no-contact directive is offered.

11. Resolution Timeline

 

The College will make a good faith effort to complete the resolution process within a sixty- to-ninety (60-90) business day time period, including appeal, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.

 

12. Investigation Timeline

 

Investigations are completed expeditiously, normally within thirty (30) business days, though some investigations may 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.

 

13. Investigator Appointment

Once an investigation is initiated, the Title IX Coordinator appoints an Investigator(s) to conduct it. These Investigators may be members of the Resolution Process Pool, or any other properly trained Investigator, whether internal or external to The College’s community.

 

14. Delays in the Investigation Process and Interactions with Law Enforcement

The College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include but are not limited to: a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions.

 

The College will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. The College will promptly resume its investigation and resolution process as soon as feasible. During such a delay, The College will implement supportive measures as deemed appropriate.

 

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.

 

15. Steps in the Investigative Process

1. Pre-investigation

   The Title IX Coordinator will gather information about the complaint, typically during the initial contact with the reporter or complainant (if known):

   • Determine the identity and contact information of the Complainant

   • Coordinate with campus partners (e.g., the Title IX Coordinator), initiate or assist with any necessary supportive measures

   • Conduct a prompt initial assessment to determine if the allegations indicate a potential policy violation

   • Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated

   • Prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA may be amended with any additional or dismissed allegations

o Notice should inform the parties of their right to have the assistance of an Advisor, who could be a member of the Pool or an Advisor of their choosing present for all meetings attended by the party

 

b. Investigation

 

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

 

After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

 

The College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

 

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

 

• Determine the identity and contact information of the Complainant.

• Identify all offenses implicated by the alleged misconduct and notify the Complainant and Respondent of all specific policies implicated.

• Assist the Title IX Coordinator, if needed, with conducting a prompt initial evaluation to determine if the allegations indicate a potential Policy violation.

• Work with the Title IX Coordinator, as necessary, to prepare the initial NOIA. The NOIA may be amended with any additional or dismissed allegations.

• Commence a thorough, reliable, and impartial investigation by 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.

• When participation of a party is expected, provide that party with written notification of the date, time, and location of the meeting, as well as the expected participants and purpose.

• Make good faith efforts to notify each party of any meeting or interview involving another party, in advance when possible.

• Interview the Complainant and the Respondent and conduct any necessary follow-up interviews with each.

• Interview all available, relevant witnesses and conduct follow-up interviews as necessary.

• Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript or recording) of the relevant evidence/testimony from their respective interviews and meetings.

• Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of another party and/or witnesses. Document which questions were asked with a rationale for any changes or omissions in the investigation report.

• Where possible, complete the investigation promptly and without unreasonable deviation from the intended timeline.

• Provide the Parties with regular status updates throughout the investigation.

• Prior to the conclusion of the investigation, provide the Parties and their respective Advisors with a list of witnesses whose information will be used to render a finding.

• Ask the Parties to provide a list of questions they would like asked of the other party or any witnesses. The Investigator will ask those questions deemed relevant, and for any question deemed not relevant, will provide a rationale for not asking the question.

• Write 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.

• Provide the Parties and their respective Advisors an electronic copy of the draft investigation report as well as an opportunity to inspect and review all relevant evidence obtained as part of the investigation for a review and comment period of ten (10) business days so that each party may meaningfully respond to the evidence. The Parties may elect to waive all or part of the review period.

• The Investigator may share the investigation report with the Title IX Coordinator and/or legal counsel for their review and feedback.

 

16. Role and Participation of Witnesses in the Investigation

 

Witnesses (as distinguished from the parties) who are employees of The College are expected to cooperate with and participate in The College’s investigation and resolution process. Failure of such witnesses to cooperate with and/or participate in the investigation or resolution process constitutes a violation of policy and may warrant discipline.

 

While in-person interviews for parties and all potential witnesses are ideal, circumstances (e.g., study abroad, summer break) may require individuals to be interviewed remotely.

Skype, Zoom or similar technologies may be used for interviews if the Investigators determine that timeliness or efficiency dictate a need for remote interviewing. The College will take appropriate steps to reasonably ensure the security/privacy of remote interviews.

 

17. Recording of Interviews

Investigators shall record all interviews pertaining to the Resolution Process. The Parties may review copies of their own interviews upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings.

 

All interviews are recorded, and all involved persons should be made aware of the audio and/or video recording. The recording and/or transcript of those meetings will be provided to the Parties for their review, after which the Parties may pose additional questions to each other.

Those subsequent meetings or interviews are also recorded and/or transcribed and shared with the Parties.

 

18. Evidentiary Considerations in the Investigation

The investigation does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) questions and evidence about the Complainant’s sexual predisposition or 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 conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

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

19.Referral for Hearing

Provided that the 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 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.

 

The Title IX Coordinator will select appropriate Decision-makers from the Pool depending on whether the Respondent is an employee or a student. Allegations involving student-

employees will be directed to the appropriate Decision-maker depending on the context of the alleged misconduct.

 

1. Hearing Decision-maker Composition

    

   The College will designate a three-member hearing panel from the Pool, at the discretion of the Title IX Coordinator. Of the panel members, a Hearing Chair will be appointed by the Title IX Coordinator.

    

   The Decision-makers will not have had any previous involvement with the investigation. The Title IX Coordinator may elect to have an alternate from the Pool sit in throughout the resolution process in the event that a substitute is needed for any reason.

    

   Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as Decision-makers. Those who are serving as Advisors for any party may not serve as Decision-makers in that matter.

    

   The Title IX Coordinator may not serve as a Decision-maker or Chair in the matter but may serve as an administrative facilitator of the hearing if their previous roles in the matter do not create a conflict of interest. Otherwise, a designee may fulfill this role. The hearing will convene at a time determined by the Title IX Coordinator or designee, Hearing Chair or designee.

    

20. Evidentiary Considerations in the Hearing

The Parties must provide all evidence to the Investigator(s) prior to completing the Final Investigation Report. Evidence offered after that time will be evaluated by the Decision-maker for relevance. If deemed relevant and not impermissible, the Parties and Decision-maker must agree to admit it into the record. If the evidence is deemed not relevant or impermissible, the Decision-maker 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 Complaint back to the Investigator, and

• The evidence is not duplicative of evidence already in the record, and

• It is not impermissible, 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, engage in any of the following actions:

 

• Delay the hearing.

• Provide the Parties with at least five (5) business days to review the relevant evidence.

• Remand the Complaint back to the Investigator for further investigation or analysis.

• Allow the Parties to review and comment on the new evidence.

 

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

 

21. Notice of Hearing

 

The Title IX Coordinator will send the Parties a Notice of Hearing with sufficient time for the Parties to prepare for the hearing, typically at least ten (10) business days prior to the hearing. Once emailed, the notice will be presumptively delivered. The hearing notice includes:

 

• A 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.

• The time, date, and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities.

• Any technology that will be used to facilitate the hearing.

• Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Decision-maker(s) and parties to see and hear a party or witness answering questions. Such a request must be raised with the Title IX Coordinator at least five (5) business days prior to the hearing.

• A list of all those who will attend the hearing, along with an invitation to object to any Decision-maker on the basis of demonstrated bias. This must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing.

• Information on how the hearing will be recorded and on access to the recording for the parties after the hearing.

• A copy of all the materials provided to the Decision-makers about the matter, unless they have been provided already.5

• An invitation to each party to submit to the Title IX Coordinator an impact statement pre-hearing that the Decision-makers will review during any sanction determination.

• An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.

• Personal mobile device use is not permitted during the live hearing into the hearing.

Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by The College and remain within the 60-90 business day goal for resolution.

 

A student facing charges under this Policy is not in good standing to graduate.

 

•  
•  

1. Alternative Hearing Participation Options

    

   If a party or parties prefer not to attend or cannot attend the hearing in person, the party should request alternative arrangements from the Title IX Coordinator at least five (5) business days prior to the hearing.

    

   The Title IX Coordinator or designee can arrange to use technology to allow remote testimony without compromising the fairness of the hearing. Remote options may also be needed for witnesses who cannot appear in person. Any witness who cannot attend in person should let the Title IX Coordinator know at least five (5) business days prior to the hearing so that appropriate arrangements can be made.

    

22. Pre-Hearing Meeting

 

The Chair may convene a pre-hearing meeting(s) with the parties and/or their Advisors to invite them to submit the questions or topics they (the parties and/or their Advisors) wish to ask or discuss at the hearing, so that the Chair can rule on their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or provide recommendations for more appropriate phrasing. This process can be also held through email communication or web conference. However, this advance review opportunity does not preclude the Advisors from asking at the hearing for a reconsideration based on any new information or testimony offered at the hearing. The Chair must document and share their rationale for any exclusion or inclusion at these pre-hearing meetings or shortly thereafter, in writing, at least 2 days prior to the hearing meeting.

 

The Chair, only with full agreement of the parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the investigation report or during the hearing.

 

At each pre-hearing meeting with a party and their Advisor, the Hearing Chair will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator(s) may be argued to be relevant. The Chair may rule on these arguments pre-hearing and will exchange those rulings between the parties prior to the hearing to assist in preparation for the hearing. The Chair may consult with legal counsel and/or the Title IX Coordinator or ask either or both to attend pre-hearing meetings.

The pre-hearing meeting(s) will not be recorded.

 

23. Hearing Procedures

At the hearing, the Decision-makers has the authority to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the discrimination, harassment, and/or retaliation, even though those collateral allegations may not specifically fall within the policy on Equal Opportunity, Harassment, and Nondiscrimination. There shall be a presumption that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of The College’s grievance procedures for complaints of sex discrimination.

 

Participants at the hearing will include the Hearing Chair, any additional panelists, the hearing facilitator, the Investigator(s) who conducted the investigation, the parties (or three (3) organizational representatives when an organization is the Respondent4), Advisors to the parties, any called witnesses, the Title IX Coordinator and anyone providing authorized accommodations or assistive services.

 

The Hearing Chair will answer all questions of procedure. Anyone appearing at the hearing to provide information will respond to questions on their own behalf.

 

The Hearing Chair will allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the Decision-makers and the parties and will then be excused.

4 Subject to The College’s Code of Conduct.

 

1. Joint Hearings

   In hearings involving more than one Respondent or in which two (2) or more Complainants have accused the same individual of substantially similar conduct, the default procedure will be to hear the allegations jointly.

    

   However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent with respect to each alleged policy violation.

    

2. The Order of the Hearing

   1. Introductions and Explanation of Procedure

      The Hearing Chair explains the procedures and introduces the participants. This may include a final opportunity for challenge or recusal of the Decision-maker(s) on the basis of bias or conflict of interest. The Hearing Chair will rule on any such challenge unless the Hearing Chair is the individual who is the subject of the challenge, in which case the Title IX Coordinator will review and decide the challenge.

       

      The Hearing Chair conducts the hearing according to the hearing script. At the hearing, recording, witness logistics, party logistics, curation of documents, separation of the parties, and other administrative elements of the hearing process are managed by a non- voting hearing facilitator appointed by the Title IX Coordinator. The hearing facilitator may attend to: logistics of rooms for various parties/witnesses as they wait; flow of parties/witnesses in and out of the hearing space; ensuring recording and/or virtual conferencing technology is working as intended; copying and distributing materials to participants, as appropriate, etc.

       

   2. Investigator(s) Presents the 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 Parties. The Investigator may attend the duration of the hearing or be excused after their testimony at the Decision-maker’s discretion.

       

   3. Testimony and Questioning

       

      The Parties and witnesses may provide relevant information in turn, beginning with the Complainant’s opening statement, then the Respondent’s, and then questioning in the order determined by the Decision-maker. The Decision-maker will facilitate questioning of the Parties and witnesses first by the Decision-maker and then by the Parties through the Decision-maker.

       

      All questions must be directed toward and asked through the Decision-maker and are subject to determinations on relevance, appropriateness and permissibility before they are asked. The Decision-maker will determine the method by which the Parties will submit their questions to the Decision-maker for their review and, if approved, to be posed. Questions that the Parties wish to have posed can be questions for that party themselves, another party, or witnesses.

       

      The Decision-maker will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

       

      The Decision-maker will limit or disallow questions they deem not appropriate on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), seek or pertain to impermissible evidence, or are abusive. The Decision-maker has final say on all questions and determinations of relevance and appropriateness. The Decision-maker may consult with legal counsel on any questions of admissibility.

       

      The Decision-maker must exclude the following types of evidence, and questions seeking that evidence, as impermissible regardless of whether they are relevant:

       

      1. Evidence that is protected under a privilege as recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

          

      2. A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless The College

         obtains that party’s or witness’s voluntary, written consent for use in The College’s grievance procedures; and

          

      3. Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

 

 

The Decision-maker then poses the questions deemed relevant, not impermissible, and appropriate to the party and/or witness.

 

 

If the Parties raise an issue of bias or conflict of interest of an Investigator or Decision-maker at the hearing, the Decision-maker may elect to address those issues, consult with legal counsel, refer them to the Administrator, and/or preserve them for appeal. If bias is not an issue at the hearing, the Decision-maker should not permit irrelevant questions that probe for Investigator bias.

 

The Decision-maker will allow witnesses who have relevant and not impermissible information to appear at a portion of the hearing to respond to specific questions from the Decision-maker and the Parties, and the witnesses will then be excused.

 

iv. Refusal to Submit to Indirect Questioning and Inferences

Any party or student 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. Employee witnesses are required to participate in the hearing if they are reasonably available. The Decision-makers can only rely on the available relevant and not impermissible evidence in making the ultimate determination of responsibility. The Decision-makers 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.

 

An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared.

 

c. 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.

 

The Decision-maker, the Parties, their Advisors, Appeal Decision-makers, and other appropriate The College officials will be permitted to review the recording or review a transcript of the recording upon request to the Title IX Coordinator. No unauthorized disclosure, including sharing, copying, or distribution of the recording or transcript, is permitted.

 

24. Deliberation and Determination

The Decision-maker will make an objective evaluation of all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations shall not be based on a person’s status as a complainant, respondent, or witness.

 

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

 

When there is a finding of responsibility for one or more of the allegations, the Decision-maker may then consider any previously submitted impact and/or mitigation statement(s) provided by the Parties in determining appropriate sanction(s). The Title IX Coordinator will ensure that any submitted statements are exchanged between the Parties if they are viewed by the Decision- maker. Impact/mitigation statements do not influence the finding, they only potentially influence the sanctions.

 

The Decision-maker will then prepare and provide the Title IX Coordinator with a written outcome letter detailing all findings and final determinations, the rationale(s) explaining the decision(s), the relevant and not impermissible 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). The outcome letter

shall at a minimum include the following:

 

• A description of the alleged sex based harassment;

• Information about the policies and procedures that The College used to evaluate the allegations;

• The Decision-maker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;

• When the Decision-maker finds that the sex-based harassment occurred, any disciplinary sanctions The College will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by The College to the complainant, and, to the extent appropriate, other students identified by The College to be experiencing the effects of the sex- based harassment; and

• The College’s procedures for the complainant and respondent to appeal.

   

  This statement is usually five to fifteen (5-15) pages in length and is typically submitted to the Title IX Coordinator within ten (10) business days from the conclusion of the hearing, unless the Title IX Coordinator grants an extension. The Title IX Coordinator will notify the Parties of any extension.

   

25. Notice of Decision

 

Using the deliberation statement, the Title IX Coordinator will work with the Hearing Chair to prepare a Notice of Decision. The Notice of Decision will then be reviewed by The College of St. Scholastica legal counsel. The Title IX Coordinator will then share the letter, including the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors within 7 business days of receiving the Decision-makers’ deliberation statement.

 

The Notice of Decision will be shared with the parties simultaneously. Notification will be made in writing and may be delivered by email in a shared encrypted link emailed to the parties’ St. Scholastica-issued email. Once emailed, notice will be presumptively delivered. Hard copies can be arranged upon request. The Notice of Decision will identify the specific policy(ies) reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by The College from the receipt of the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held.

 

The Notice of Decision will specify the policies and procedures that The College used to evaluate the allegations; the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent The College is permitted to share such information under state or federal law; any sanctions issued which The College is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to The College’s educational or employment program or activity, to the extent The College is permitted to share such information under state or federal law (this detail is not typically shared with the Respondent unless the remedy directly relates to the Respondent).

 

The Notice of Decision will also include information on when the results are considered by The College to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.

 

Statement of the Rights of the Parties (see Appendix C)

 

26. Sanctions

Factors considered when determining a sanction/responsive action may include, but are not limited to:

 

• The nature, severity of, and circumstances surrounding the violation(s)

• The Respondent’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 Decision-makers

  The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.

   

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

   

  1. Student Sanctions

     The following are the usual sanctions5 that may be imposed upon students or organizations singly or in combination6:

      

• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions/responsive actions.

• Required Counseling: A mandate to meet with and engage in either College- sponsored or external counseling to better comprehend the misconduct and its effects.

• Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional 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.

• Campus housing suspension, ranging from two weeks to five years, with reinstatement requirements

• Campus housing expulsion;

• Temporary or permanent restricted access to areas of campus, campus events, activities, organizations, or courses;

• Temporary or permanent removal from courses or residential assignment;

• 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 and revocation of rights to be on campus for any reason or to attend College-sponsored events. This sanction will be noted permanently as a Conduct Expulsion on the student’s official transcript

• Withholding Diploma/Transcript: The College may withhold a student’s diploma 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, and/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 College recognition) for a specified period of time or indefinitely.

• Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.

 

 

5The College policies on transcript notation will apply to these proceedings.

 

6 Subject to The College's Organization Code of Conduct

 

1. 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.

 

27. Withdrawal or Resignation While Charges Pending

Students: If a student has an allegation pending for violation of the Policy on Equal Opportunity, Harassment, and Nondiscrimination, the College may place a hold on a student’s ability to graduate and/or to receive an official transcript/diploma.

 

Should a student decide to not participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the College, the resolution process ends, as the College no longer has disciplinary jurisdiction over the withdrawn student.

 

However, the College will continue to address and remedy any systemic issues, variables that

may have contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination, and/or retaliation. the student who withdraws or leaves while the process is pending may not return to the College. Such exclusion applies to all campuses of the College. A hold will be placed on their ability to be readmitted. They may also be barred from the College property and/or events.

 

If the student Respondent only withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely and that student is not permitted to return to the College unless and until all sanctions have been satisfied.

 

During the resolution process, the College may put a hold on a responding student’s transcript or place a Dean’s Hold to notate that a disciplinary matter is pending.

 

Employees: Should an employee Respondent resign with unresolved allegations pending, the resolution process ends, as the College no longer has disciplinary jurisdiction over the resigned employee.

 

However, the College will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged harassment or discrimination.

 

The employee who resigns with unresolved allegations pending is not eligible for rehire with the College or any campus of the College, and the records retained by the Title IX Coordinator will reflect that status.

 

All College responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.

 

28. Appeals

Any party may file a request for appeal if within the grounds for appeal (see “Grounds for Appeal” section), in writing to the Title IX Coordinator within 3 days of the delivery of the Notice of Outcome.

A three-member appeal team chosen from the Pool will be designated by the Title IX Coordinator. No appeal Decision-maker will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process. A voting Chair of the Appeal panel will be designated by the Title IX Coordinator.

The Request for Appeal will be forwarded to the Appeal Decision-Maker Chair for consideration to determine if the request meets the grounds for appeal (a Review for Standing).

This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

 

1. Ground for Appeal

   1. Procedural irregularity that would change the outcome of the matter;

   2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that would change the outcome of the matter; and

   3. 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 would change the outcome of the matter.

      If any of the grounds in the Request for Appeal do not meet the grounds in this Policy, that request will be denied by the Chair and the parties and their Advisors will be notified in writing of the denial and the rationale.

       

      If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Chair will notify the Title IX Coordinator or designee who will inform other party(ies) and their Advisors, and, when appropriate, the Investigators and/or the original Decision-makers.

       

      The other party(ies) and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigators and/or the original Decision-maker(s) will be mailed, emailed, and/or provided a hard copy of the request with the approved grounds and then be given three

business days to submit a response to the portion of the appeal that was approved and involves them. All responses will be forwarded by the Title IX Coordinator or designee to all parties for review and comment.

 

The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed for standing by the Appeal Chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator(s) and/or original Decision-maker(s), as necessary, who will submit their responses in three (3) business days, which will be circulated for review and comment by all parties.

 

Neither party may submit any new requests for appeal after this time period. The Appeal Chair will collect any additional information needed and all documentation regarding the approved grounds and the subsequent responses will be shared with the Appeal Panel who will render a decision in no more than 7 business days, barring exigent circumstances. All decisions are by majority vote and apply the preponderance of the evidence standard.

A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which The College is permitted to share according 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.

Notification will be made in writing and may be delivered by email in a shared encrypted link emailed to the parties’ St. Scholastica-issued email. Once emailed, notice will be presumptively delivered. Hard copies can be arranged upon request.

 

b. Sanctions Status During Appeal

Any sanctions imposed as a result of the hearing are stayed during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above.

If any of the sanctions are to be implemented immediately post-hearing, but pre- appeal, then emergency removal procedures including a safety/risk assessment for a hearing on the justification for doing so must be permitted within 48 hours of implementation.

c. Appeal Consideration

1.  

● Decisions on appeal 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 a compelling justification to do so.

• Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.

• An appeal is not an opportunity for Appeal Decision-makers to substitute their judgment for that of the original Decision-makers merely because they disagree with the finding and/or sanction(s).

• The Appeal Chair/Panel may consult with the Title IX Coordinator on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained.

• Appeals granted based on new evidence should normally be remanded to the original Investigator(s) and/or Decision-maker(s) for reconsideration. Other appeals may be remanded at the discretion of the Title IX Coordinator or, in limited circumstances, decided on appeal.

• Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing).

• In rare cases where a procedural or substantive error cannot be cured by the original Decision-makers (as in cases of bias), the appeal may order a new hearing with a new Decision-makers.

• The results of a new hearing can be appealed, once, on any of the three available appeal grounds.

• In cases in which the appeal results in 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.

   

29. Long-Term Remedies/Other Actions

 

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

 

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

1.  

●Referral to counseling and health services

• Referral to the Employee Assistance Program

• Education to the individual and/or the community

• Permanent alteration of housing assignments

• Permanent alteration of work arrangements for employees

• Provision of campus safety escorts

• Climate surveys

• Policy modification and/or training

• 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, certain long-term support or measures may also be provided to the parties even if no policy violation is found.

  When no policy violation is found, the Title IX Coordinator will address any remedies owed by The College to the Respondent to ensure no effective denial of educational access.

  The College will maintain the privacy of any long-term remedies/actions/measures, provided privacy does not impair The College’s ability to provide these services.

   

30. Failure to Comply with Sanctions and/or Interim and Long-term Remedies and/or responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-maker(s) (including the Appeal Panel).

 

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)/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.

 

31. Record Keeping

 

The College will maintain for a period of at least seven (7) years records of:

1.  

● Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;

• Any disciplinary sanctions imposed on the Respondent;

• Any remedies provided to the Complainant designed to restore or preserve equal access to The College’s education program or activity;

• Any appeal and the result therefrom;

• Any Informal Resolution and the result therefrom;

• All materials used to train Title IX Coordinators, Investigators, Decision-makers, and any person who facilitates an Informal Resolution process. The College will make these training materials publicly available on The College’s website; and

• Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including:

  • The basis for all conclusions that the response was not deliberately indifferent;

  • Any measures designed to restore or preserve equal access to The College’s education program or activity; and

  • If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

    The College will also maintain any and all records in accordance with state and federal laws.

     

32. Accommodations for Disabilities 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 College’s resolution process.

 

Anyone in need of accommodations or support should contact the Title IX Coordinator, who will review the request and, in consultation with the person requesting the accommodation and The Center for Equal Access, determine which accommodations are appropriate and necessary for full participation in the process.

 

33. Revision of this Policy and Procedures

 

This Policy and procedures supersede any previous policy(ies) addressing harassment, sexual misconduct, discrimination, and/or retaliation and 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.

 

During the resolution process, the Title IX Coordinator may make minor modifications to 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 institutional 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 procedures.

 

If government laws or regulations change – or court decisions alter – the requirements in a way that impacts this document, this document will be construed to comply with the most recent government regulations or holdings.

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 Policy and procedures are effective August 1, 2024.

 

34. Appendix C: Statement of Rights of the Parties

 

1.  

●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 byCollege 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.

 

Based on the ATIXA One Policy, One Procedure (1P1P) Model @2024 ATIXA. Used with Permission.