Resolution Process B

1. Initial Assessment

Following intake, receipt of notice, or a complaint of an alleged violation of the College’s Equity Grievance Policy, the Title IX and Equal Educational Opportunity (EEO) Coordinator²⁶ engages in an initial assessment, which is typically one to five (1-5) days in duration. The steps in an initial assessment can include:

• The Title IX and Equal Educational Opportunity (EEO) Coordinator reaches out to the Complainant to offer supportive measures.
• The Title IX and Equal Educational Opportunity (EEO) Coordinator works with the Complainant to ensure they have an Advisor.
• The Title IX and Equal Educational Opportunity (EEO) Coordinator works with the Complainant to determine which of three options to pursue: A Supportive Response, an Informal Resolution, or an Administrative Resolution.

• • If a Supportive Response is preferred, the Title IX and Equal Educational Opportunity (EEO) Coordinator works with the Complainant to identify their wishes and then seeks to facilitate implementation. An Administrative Resolution process is not initiated, though the Complainant can elect to initiate it later, if desired.
  • If an Informal Resolution option is preferred, the Title IX and Equal Educational Opportunity (EEO) Coordinator assesses whether the complaint is suitable for Informal Resolution, which informal mechanism may serve the situation best or is available and may seek to determine if the Respondent is also willing to engage in Informal Resolution.
  • If Administrative Resolution is preferred, the Title IX and Equal Educational Opportunity (EEO) Coordinator initiates the investigation process and determines whether the scope of the investigation will address:
    • Incident
    • A potential pattern of misconduct
    • A culture/climate issue²⁷
• In many cases, the Title IX and Equal Educational Opportunity (EEO) Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by the Campus Assessment Recommendation and Evaluation Team (“CARE Team”) as part of the initial assessment. A VRA can aid in ten critical and/or required determinations, including:
  • Interim suspension of a Respondent who is a threat to health/safety
  • Whether the Title IX and Equal Educational Opportunity (EEO) Coordinator should pursue Administrative Resolution absent a willing/able Complainant
  • Whether to put the investigation on the footing of incident and/or pattern and/or climate
  • To help identify potentially predatory conduct
  • To help assess/identify grooming behaviors
  • Whether a Complaint is amenable to Informal Resolution, and what modality may be most successful
  • Whether to permit a voluntary withdrawal by the Respondent
  • Whether to impose transcript notation or communicate with a transfer recipient about a Respondent
  • Assessment of appropriate sanctions/remedies
  • Whether a Clery Act Timely Warning and/or Trespass order/Persona-non-grata is neede

 

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

• Supportive Response – measures to help restore the Complainant’s education access, as described in the Policy.
• Informal Resolution – typically used for less serious offenses and only when all parties agree to Informal Resolution, or when the Respondent is willing to accept responsibility for violating policy.
• Administrative Resolution – investigation of alleged policy violation(s) and recommended finding, subject to a determination by the Title IX and Equal Educational Opportunity (EEO) Coordinator or Decision-maker(s) and the opportunity to appeal.

 

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

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

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

2. Resolution Process Pool

The Resolution Process relies on a pool of officials (“Pool”) to carry out the process.. The list of members and a description of the Pool can be found here. Members of the Pool are trained annually in all aspects of the Resolution Process and can serve in any of the following roles, at the direction of the Title IX and Equal Educational Opportunity
(EEO) Coordinator:

• To provide sensitive intake for and initial advice pertaining to the allegations
• To act as optional process Advisors to the parties
• To facilitate Informal Resolution
• To investigate allegations
• To serve as a Decision-maker
• To serve as an Appeal Decision-maker

The Title IX and Equal Educational Opportunity (EEO) Coordinator, in consultation with the President, carefully vets Pool members for potential conflicts of interest or disqualifying biases and appoints the Pool, which acts with independence and impartiality.

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

The Pool members receive annual training. This training includes, but is not limited to:

• The scope of the College’s Equity Grievance Policy and Procedures
• How to conduct investigations and hearings that protect the safety of Complainants and Respondents and promote accountability
• Implicit bias
• Disparate treatment
• 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, timely, and impartial manner
• How to conduct a sexual harassment investigation
• Trauma-informed practices pertaining to investigations and Resolution Processes
• How to uphold fairness, equity, and due process
• How to weigh evidence
• How to conduct questioning
• How to assess credibility
• Impartiality and objectivity
• Types of evidence
• Deliberation
• How to render findings and generate clear, concise, evidence-based rationales
• The definitions of all offenses
• How to apply definitions used by the institution 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 against Respondents and/or for Complainants, and on the basis of sex, race, religion, and other protected characteristics
• Any technology to be used
• Issues of relevance of questions and evidence
• Issues of relevance to create an investigation report that fairly summarizes relevant evidence
• How to determine appropriate sanctions in reference to all forms of harassment and discrimination allegations

3. Counterclaims

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

The College permits the filing of counterclaims, but uses the initial assessment, described above, to assess whether the allegations are made in good faith. If they are, the allegations will be processed using the resolution procedures below, typically after resolution of the underlying allegation. Counterclaims made with retaliatory intent will not be permitted. 

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

4. Advisors

A. Advisor Expectations

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

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

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

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

B. Expectations of the Parties with Respect to Advisors

Each party may choose an Advisor²⁸ who is eligible and available²⁹ to accompany them throughout the process. The Advisor can be anyone, including an attorney, but should not be someone who is also a witness in the process. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) days before the date of their first meeting with the Investigator(s) (or as soon as possible if a more expeditious meeting is necessary or desired). The parties are expected to provide timely notice to the Investigator(s) and/or the Title IX and Equal Educational Opportunity (EEO) Coordinator if they change Advisors at any time. Upon written request of a party, the College will copy the Advisor on all communications between the College and the party.

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.

5. Resolution Options

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

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

A. Informal Resolution

Informal Resolution is applicable when the parties voluntarily agree to resolve the matter through Alternative Resolution mediation, restorative practices, facilitated dialogue, etc., when the Respondent accepts responsibility for violating Policy, or when the Title IX and Equal Educational Opportunity (EEO) Coordinator can resolve the matter informally by providing remedies to resolve the situation. The Title IX and Equal Educational Opportunity (EEO) Coordinator has discretion to determine if an investigation will be paused during Informal Resolution, or if it will be limited, or will continue during the Informal Resolution process.

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

i. Alternative Resolution

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

The Title IX and Equal Educational Opportunity (EEO) Coordinator determines if Alternative Resolution is appropriate, based on the willingness of the parties, the nature of the conduct at issue, and the susceptibility of the conduct to Alternative Resolution.

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

The Title IX and Equal Educational Opportunity (EEO) Coordinator maintainsrecords of any resolution that is reached, and failure to abide by the resolution can result in appropriate enforcement actions. Alternative Resolution is not typically the primary resolution mechanism used to address reports of violent behavior of any kind or in other cases of serious
violations of policy, though similarly structured conversations may be made available after the Administrative Resolution process is completed should the  parties and the Title IX and Equal Educational Opportunity (EEO) Coordinator
believe it could be beneficial. The results of Alternative Resolution are not appealable.

ii. Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the Resolution Process. If the Respondent accepts responsibility, the Title IX and Equal Educational Opportunity (EEO) Coordinator determines that the individual is in violation of College policy.

The Title IX and Equal Educational Opportunity (EEO) Coordinatorthen determines appropriate sanction(s) or responsive actions, which are promptly implemented in order to effectively stop the harassment, discrimination, and/or retaliation;
prevent its recurrence; and remedy the effects of the conduct, both on the Complainant and the community.

If the Respondent accepts responsibility for all of the alleged policy violations and the Title IX and Equal Educational Opportunity (EEO) Coordinator or designee has determined appropriate sanction(s) or responsive actions, to which the
Respondent agrees, and which are promptly implemented, the process is over. The Complainant may be consulted on and will be informed of this outcome.

If the Respondent accepts responsibility for some of the alleged policy violations and the Title IX and Equal Educational Opportunity (EEO) Coordinator has determined appropriate sanction(s) or responsive actions, to which the Respondent agrees, and which are promptly implemented for those violations, then the remaining allegations will continue to be investigated and resolved through Administrative Resolution. The parties will be informed of this outcome. The parties are still able to seek Alternative Resolution on the remaining allegations, subject to the stipulations above.

B. Administrative Resolution via an Investigation and Administrative Hearing

Administrative Resolution can be pursued at any time during the process for any behavior for which the Respondent has not accepted responsibility that would constitute conduct covered by the Equity Grievance Policy if proven. Administrative Resolution starts with a thorough, reliable, and impartial investigation.

If Administrative Resolution is initiated, the Title IX and Equal Educational Opportunity (EEO) Coordinator will provide written notification of the investigation to the parties at an appropriate time during the investigation. Typically, notice is given in advance of an interview. Advanced notice facilitates the parties’ ability to identify and choose an Advisor, if any, to accompany them to the interview.

Notification will include a meaningful summary of the allegations, will be made in writing, and may be delivered by one or more of the following methods: in person or emailed to the parties’ College-issued or designated email account. Once emailed and/or received in-person, notice will be presumptively delivered. The notification will include the policies allegedly violated, if known at the time. Alternatively, the policies allegedly violated can be provided at a later date, in writing, as the investigation progresses, and details become clearer.

The College aims to complete all investigations within a sixty (60) day time period, which can be extended as necessary for appropriate cause by the Title IX and Equal Educational Opportunity (EEO) Coordinator, with notice to the parties as appropriate. Investigations can take weeks or even months, depending on the nature, extent, and complexity of the
allegations, availability of witnesses, police involvement, etc.

Once the decision is made to commence an investigation, the Title IX and Equal Educational Opportunity (EEO) Coordinator appoints Pool members to conduct the investigation (using a single Investigator or a team of two Investigators), usually within two (2) days of determining that an investigation should proceed.

The Title IX and Equal Educational Opportunity (EEO) Coordinator will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no conflicts of interest or disqualifying bias. The Parties may, at any time during the Resolution Process, raise a concern regarding bias or conflict of interest, and the Title IX and Equal Educational Opportunity (EEO) Coordinator will determine whether the concern is reasonable and supportable. If so, another Investigator will be assigned and the impact of the bias or conflict, if any, will be remedied. If the bias or conflict relates to the Title IX and Equal Educational Opportunity (EEO) Coordinator, concerns should be raised with the other Title IX and Equal Educational Opportunity (EEO) Coordinator or the College President. The College will make a good faith effort to complete the investigation as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

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

College action(s) are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced. Investigations involve interviews with all relevant parties and witnesses, obtaining available, relevant evidence, and identifying sources of expert information, as necessary. 

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

6. Details of the Investigation Process

A. Witness Responsibilities

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

B. Remote Processes

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

C. Recording

No unauthorized audio or video recording of any kind is permitted during the Resolution Process including investigation interviews. If the Investigator(s) elects to audio and/or video record interviews, all involved parties must be made aware of audio and/or video recording.

D. Evidence

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

E. Prior Sexual History/Patterns

Unless the Title IX and Equal Educational Opportunity (EEO) Coordinator/Decision-maker determines it is appropriate, the investigation and the finding do not consider: (1) incidents not directly related to the possible violation(s), unless they evidence a pattern; (2) the irrelevant sexual history of the parties (though there may be a limited exception made with regard to the sexual history between the parties); (3) irrelevant character evidence.

F. Previous Allegations/Violations

While previous conduct violations by the Respondent are not generally admissible as information supporting the current allegation, the Investigator(s) may supply the Title IX and Equal Educational Opportunity (EEO) Coordinator/Decision-maker with information about previous good faith allegations and/or findings, when that information suggests
potential pattern and/or predatory conduct. As part of the College’s progressive discipline system, previous disciplinary action of any kind involving the Respondent may be considered in determining the appropriate sanction(s).
Character witnesses or evidence may be offered. The investigation and hearing will determine if the character evidence is relevant. If so, it may be considered. If not, it will be excluded.

7. Investigation

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

• Determine the identity and contact information of the Complainant
• In coordination with institutional partners (e.g., the Title IX and Equal Educational Opportunity (EEO) Coordinator), initiate or assist with any necessary supportive measures
• Identify all policies implicated by the alleged misconduct
• Assist the Title IX and Equal Educational Opportunity (EEO) Coordinator with conducting an initial assessment to determine if there is reasonable cause to believe the Respondent has violated policy
• If there is insufficient evidence to support reasonable cause, the process is closed with no further action
• Commence a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all parties and witnesses
• Meet with the Complainant to finalize their statement, if necessary
• Prepare the initial Notice of Investigation and Allegations (NOIA) on the basis of the initial assessment. Notice may be one step or multiple steps, depending on how the investigation unfolds, and potential policy violations may be added or dropped as more is learned. Investigators will update the NOIA accordingly and provide it to the parties
• Notice should inform the parties of their right to have the assistance of a Pool member as a process Advisor appointed by the College or an Advisor of their choosing present for all meetings attended by the advisee
• When formal notice is given, it should provide the parties with a written description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result
• Give an instruction to the parties to preserve any evidence that is directly related to the allegations
• Provide the parties and witnesses with an opportunity to review and verify the Investigator’s summary notes from interviews and meetings with that specific party or witness
• Make good faith efforts to notify each party of any meeting or interview involving another party, in advance when possible
• Interview all relevant individuals and conduct follow-up interviews as necessary 
• Allow each party the opportunity to suggest questions they wish for the Investigator(s) to ask the other party and witnesses
• Complete the investigation promptly and without unreasonable deviation from the intended timeline
• Provide regular status updates to the parties throughout the investigation
• Prior to the conclusion of the investigation, summarize for the parties the list of witnesses whose information will be used to render a finding
• Write a comprehensive investigation report fully summarizing the investigation and all evidence
• Provide the parties with a copy of the draft investigation report when it is completed, including all relevant evidence, analysis, credibility assessments, and recommended finding(s)
• Provide each party with a full and fair opportunity to respond to the report in writing within five (5) days

8. Final Investigation Report

After conducting any additional investigative steps requested by the Parties or identified by the Investigator(s), the Investigator(s) will prepare a Final Investigation Report, which will include a recommendation as to whether there is sufficient information, by a preponderance of the evidence, to support a finding of responsibility for a violation of the Policy. The Investigator(s) will deliver the Final Investigation Report to the Title IX and Equal Educational Opportunity (EEO) Coordinator. The Title IX and Equal Educational Opportunity (EEO) Coordinator will notify both Parties, simultaneously, that the Final Investigation Report is complete and provide it to the Parties for review. The Parties may submit written responses to the Final Investigation Report for consideration by the Administrative Hearing Panel. 

A. Recommended Findings(s) of No Responsibility

When the Investigator(s) determines that there is insufficient information, by a preponderance of the evidence, to support a finding of responsibility on one or more of the allegations, the Complainant may accept or contest the recommended finding(s) by notifying (in writing) the Title IX and Equal Educational Opportunity (EEO) Coordinator.

If the Complainant contests one or more of the recommended finding(s), the Title IX and Equal Educational Opportunity (EEO) Coordinator will refer the case for an Administrative Hearing. The Title IX and Equal Educational Opportunity (EEO) Coordinator will provide the Final Investigation Report, together with any statements by the Parties, to the Decisionmaker for further proceedings as outlined below.

If the Complainant accepts the recommended finding(s) of no responsibility, the investigation will be closed and documented in accordance with applicable College policies.

B. Recommended Finding(s) of Responsibility

When the Investigator(s) determines that there is sufficient information, by a preponderance of the evidence, to support a finding of responsibility on one or more of the allegations, the Respondent may accept or contest such recommended finding(s) by notifying (in-writing) the Title IX and Equal Educational Opportunity (EEO) Coordinator. 

If the Respondent contests one or more of the recommended finding(s), the Title IX and Equal Educational Opportunity (EEO) Coordinator will refer the complaint for an Administrative Hearing. The Title IX and Equal Educational Opportunity (EEO) Coordinator will provide the Final Investigation Report, together with any statements by the Parties, to the Decisionmaker for further proceedings as outlined below.

If the Respondent accepts the recommended finding(s) of responsibility, the Title IX and Equal Educational Opportunity (EEO) Coordinator will refer the complaint for an Administrative Hearing solely to determine the appropriate sanction(s).

9. Administrative Hearing and Notification of Outcome

Within five (5) days of receiving a Party’s request to initiate an Administrative Hearing, or to determine appropriate sanction(s) when the Respondent accepts responsibility for the policy violation(s), the Title IX and Equal Educational Opportunity (EEO) Coordinator will appoint a single administrative hearing officer or convene a three (3) member panel to serve as the Decisionmaker. The Decision-maker will review the final investigation report and all responses, and then
make the final determination on the basis of the preponderance of the evidence. When a panel is convened, a simple majority vote is required to determine the finding. 

If the record is incomplete, the Decision-maker may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary, including informally meeting with the Investigator(s), the Parties, or any witnesses, if needed.
The Investigator(s)’ recommendation should be strongly considered but is not binding on the Decision-maker. The Decision-maker may invite and consider impact and/or mitigation statements from the Parties when determining appropriate sanction(s), if any.

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

The Title IX and Equal Educational Opportunity (EEO) Coordinator informs the Parties simultaneously of the determination within three (3) days of the determination. Notifications are made in writing and will be delivered in person or by email to the Parties’ College-issued or designated email account. Once delivered in person or emailed, notice is presumptively delivered. The Title IX and Equal Educational Opportunity (EEO) Coordinator will work with the
Decision-maker to develop the Notification of Outcome.

The Notification of Outcome specifies the finding for each alleged policy violation, any sanction(s) that may result, and the rationale supporting the findings to the extent the University is permitted to share under state or federal law. The notice will detail when the determination is considered final and will detail any changes that are made prior to finalization.
The determination may be appealed by either Party. The Notification of Outcome will include the grounds on which the Parties may appeal and the steps the Parties may take to request an appeal of the findings.

10. Sanctions

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

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

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

A. Student Sanctions

The following are the common sanctions that may be imposed upon students singly or in combination: warning, probation, suspension, expulsion. A complete listing of potential student sanctions is accessible in the Student Handbook

B. Student Organization Sanctions

In addition to the sanctions outlined above, the following are common sanctions that may be imposed upon student organizations singly or in combination: deactivation, derecognition, loss of all privileges (including status as a College registered group/organization), for a specified period of time. A complete listing of potential student organization sanctions is accessible in the Student Handbook.

C. Employee Sanctions

Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation including but not limited to: warning, required counseling, suspension with pay, suspension without pay and termination.

11. Withdrawal or Resignation while Charges are Pending

A. Students

Should a student Respondent permanently withdraw from the College, the Resolution Process typically ends with a dismissal, as the College has lost primary disciplinary jurisdiction over the withdrawn student. However, the College may continue the Resolution Process when, at the discretion of the Title IX and Equal Educational Opportunity (EEO) Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged harassment, discrimination, and/or retaliation.

Regardless of whether the complaint is dismissed or pursued to completion of the Resolution Process, the College will continue to address and remedy any systemic issues  or concerns 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 in any capacity. Admissions and Human Resources will be notified, accordingly. Such exclusion applies to all College locations.

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, if found in violation, that student is not permitted to return to College unless and until all sanctions, if any, have been satisfied.

B. Employees

Should an employee resign with unresolved allegations pending, the records of the Title IX and Equal Educational Opportunity (EEO) Coordinator will reflect that status, and any College responses to future inquiries regarding employment references for that individual will include the former employee’s unresolved status and whether the employee is eligible for rehire.

12. Appeals

All requests for appeal consideration must be submitted in writing to the Title IX and Equal Educational Opportunity (EEO) Coordinator within five (5) days of the delivery of the Notification of Outcome.

A single Appeal Decision-maker or a three-member Appeal Panel chosen from the Pool will be designated by the Title IX and Equal Educational Opportunity (EEO) Coordinator based on the complexity of the Appeal from those who have not previously been involved in the process. The single Appeal Decision-maker will Chair the appeal. When a Panel is used, one member of the Appeal Panel will be designated as the Chair. Any Party may appeal, but appeals are limited to
the following grounds: 

1. A procedural error or omission occurred that significantly impacted the outcome (e.g., substantiated bias, material deviation from established procedures, failure to correctly apply the evidentiary standard).
2. To consider new evidence, unknown or unavailable during the investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the appeal. 
3. The sanctions imposed fall outside the range of sanctions the College has designated for the violation(s) and the cumulative disciplinary record of the Respondent. 

When any party requests an appeal, the Title IX and Equal Educational Opportunity (EEO) Coordinator will share the appeal request with all other Parties or other appropriate persons such as the Investigator(s), who may file a response within five (5) days. Another Party may also bring their own appeal on separate grounds.

If new grounds are raised, the original appealing Party will be permitted to submit a written response to these new grounds within five (5) days. These responses or appeal requests will be shared with each Party. The Appeal Chair will review the appeal request(s) within five (5) days of completing the pre-appeal exchange of materials. If grounds are not sufficient for an appeal, or the appeal is not timely, the Appeal Chair dismisses the appeal.

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

• Decisions by the Appeal Panel are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is compelling justification to do so.
• Appeals are not intended to be full re-hearings (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the investigation and pertinent documentation regarding the grounds for appeal.
• An appeal is not an opportunity for the Appeal Panel to substitute their judgment for that of the original Investigator(s) or Title IX and Equal Educational Opportunity (EEO) Coordinator/Decision-maker merely because they disagree with the finding and/or sanction(s).
• Appeals granted based on new evidence should normally be remanded to the Investigator(s) for reconsideration. Other appeals should be remanded at the discretion of the Appeal Panel.
• Sanctions imposed as the result of the Administrative Resolution are implemented immediately unless the Title IX and Equal Educational Opportunity (EEO) Coordinator stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
  • For students: Graduation, study abroad, internships/externships, etc., do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal.
• All parties will be informed in writing within ten (10) days of the outcome of the appeal without significant time delay between notifications, and in accordance with the standards for Notice of Outcome as defined above.
• Once an appeal is decided, the outcome is final; further appeals are not permitted, even if a decision or sanction is changed on remand. When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above, and in accordance with these procedures.
• In rare cases when a procedural or substantive error cannot be cured by the original Investigator(s) and/or Decision-maker or the Title IX and Equal Educational Opportunity (EEO) Coordinator (as in cases of bias), the Appeal Panel may recommend a new investigation and/or Administrative Resolution process, including a new Decision-maker. 
• The results of a new Administrative Resolution process can be appealed once, on any of the three applicable grounds for appeals.
• In cases in which the appeal results in Respondent’s reinstatement to the College or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable.

13. Long-Term Remedies/Actions

Following the conclusion of the Resolution Process, and in addition to any sanctions implemented, the Title IX and Equal Educational Opportunity (EEO) Coordinator may implement long-term remedies or actions with respect to the parties and/or the campus community to stop the harassment, discrimination, and/or retaliation; remedy its effects; and prevent its reoccurrence.

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

• Referral to counseling
•  Referral to the Employee Assistance Program
• Education to the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Policy modification
• Provision of transportation assistance
• 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 and Equal Educational Opportunity (EEO) Coordinator, long-term remedies may also be provided to the Complainant even if no policy violation is found.

When no policy violation is found, the Title IX and Equal Educational Opportunity (EEO) Coordinator will address any remedial requirements owed by the College to the Respondent.

14. Failure to Complete Sanctions/Comply with Interim and Long-Term Remedies/Responsive
Actions

All Respondents are expected to comply with conduct sanctions, responsive actions, and corrective actions within the timeframe specified by the Title IX and Equal Educational Opportunity (EEO) Coordinator. Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s) and responsive/corrective action(s), including suspension, expulsion, and/or termination from the College and may be noted on a student’s official transcript. Supervisors are expected to enforce completion of
sanctions/responsive actions for their employees. A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX and Equal Educational Opportunity (EEO) Coordinator.

15. Recordkeeping

In implementing this Policy, records of all allegations, investigations, resolutions, and hearings will be kept by the Title IX and Equal Educational Opportunity (EEO) Coordinatorin the Allegations of Discrimination database indefinitely, or as required by state or federal law or institutional policy.

16. Statement of the Rights of the Parties

• The right to an equitable investigation and resolution of all credible allegations of prohibited harassment, discrimination, and/or retaliation 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 by the College regarding the allegation(s) or underlying incident(s), whenever possible.
• The right not to have any personally identifiable information released by the College 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 policy and these 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 harassment, discrimination, and/or retaliation to both on-campus and off-campus authorities.
• The right to be informed by College officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by the College in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report.
• The right to have allegations of violations of this Policy responded to promptly and with sensitivity by Campus Security and/or other College officials.
• The right to be informed of available supportive measures, such as counseling; student financial aid, visa, and immigration assistance; and/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.
• 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 institutional 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)
  • Visa/immigration assistance
  • Arranging to dissolve a housing contract and provide 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 confidential, provided confidentiality does not impair the College’s ability to provide the supportive measures.
• The right to receive sufficiently advanced, written notice of any College meeting or interview involving another party, when possible.
• The right to identify and have the Investigator(s), Advisors, and/or Decision-maker(s) question relevant available 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)/Decision-maker(s), may be asked of any party or witness.
• The right to have inadmissible sexual predisposition/prior sexual history or irrelevant character evidence excluded by the Decision-maker(s).
• The right to know the relevant and directly related evidence obtained and to respond to that evidence.
• The right to a 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 all relevant and directly related evidence obtained during the investigation, subject to privacy limitations imposed by state and federal law, and a ten (10)- day period to review and comment on the evidence. 
• The right to receive a copy of the final investigation report, including all factual, policy, and/or credibility analyses performed, and to have at least ten (10) days to review and comment on the report prior to the hearing.
• 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 and Equal Educational Opportunity (EEO) Coordinators, and Decision-maker(s) who have received 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 confidentiality/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 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 the use of the appropriate standard of evidence, preponderance of the evidence to make a Finding and Final Determination 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 hearing.
• The right to have an impact and/or mitigation statement considered by the Decisionmaker(s) following a determination of responsibility for any allegation, but prior to sanctioning.
• The right to be promptly informed of the finding(s) and sanction(s) (if any) of the Resolution Process and a detailed rationale of the decision (including an explanation of how credibility was assessed) in a written Notice of Outcome letter 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 Final Determination or sanction(s) that occur post Notification of Outcome. 
• 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. 

17. Disability Accommodation in the Resolution Process

The College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the College’s Resolution Process. Anyone needing such accommodations or support should contact the Director of Disability/Access Services (students) or Human Resources Manager (employees), who will review the request and, in consultation with the person requesting the accommodation and the Title IX and Equal Educational Opportunity (EEO) Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

18. Revision

These policies and procedures will be reviewed and updated annually by the Title IX and Equal Educational Opportunity (EEO) Coordinator. The College reserves the right to make changes to this document as necessary and once those changes are posted online, they are in effect. The Title IX and Equal Educational Opportunity (EEO) Coordinator may make minor modifications to these procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules.

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

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

Policy in effect at the time of the offense will apply even if the policy is changed subsequently but prior to resolution unless the parties consent to be bound by the current policy. If government regulations change in a way that impacts this document, this document will be construed to comply with the most recent government regulations.

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

This Policy and procedure was implemented on [INSERT DATE].