(A) Introduction
This rule outlines the process Marion technical
college ("the college") will follow when it receives notice of sexual
harassment, which includes sexual assault, dating violence, domestic violence,
stalking, and retaliation (collectively "prohibited conduct").
(B) Jurisdiction
This rule applies to all students, employees,
volunteers, vendors, and visitors to the college.
This rule applies to prohibited conduct that is
reported to have occurred:
(1) In connection with
the college's education program or activity; or
(2) On property owned or
controlled by the college; or
(3) Using computer or
internet networks, digital platforms or computer hardware or software owned or
operated by, or used in the operations of, the college's programs or
activities over which the college has substantial control; or
(4) Where the conduct is
reported to have a continuing adverse effect on an educational program or
activity of the college, including employment, regardless of where the conduct
is reported to have occurred.
The college's response to prohibited conduct
depends in part on its control over the respondent. This rule applies when the
respondent is a member of the college community or was a member of the college
community at the time of the alleged incident and intends to participate in an
education program or activity of the college. However, if prohibited conduct is
reported when the college does not have control over the respondent, the
college will still work with the complainant regarding their options and
appropriate supportive measures. The college also will consider whether it is
appropriate to take any other actions to protect the safety of the college
community under these circumstances.
The elements established in this rule have no
effect and are not transferable to any other policy of the college except as
narrowly defined in this rule. This rule does not set a precedent for other
policies, procedures, or processes of the college and may not be cited for or
against any right or aspect of any other policy, procedure, or process.
(C) Notice of non-discrimination and
purpose of rule
The college does not discriminate in its
educational programs and activities, admissions or employment on the basis of
sex, race, color, religion, national origin, ancestry, age, disability,
ethnicity, genetic information (GINA), medical status, military status, sexual
orientation, pregnancy, protected veteran status, status as a parent of a young
child or status as a foster parent, or gender identity and expression. Sex
discrimination is prohibited by Title IX of the Education Amendments of 1972
and it's implementing regulations (34 C.F.R. Part 106, as amended by 85 FR
30026 [May 2020]).
The college is committed to fostering a climate
free from discrimination on the basis of sex in the following areas:
admissions, educational programs and activities, housing, access to classes and
schools, counseling, financial assistance, employment assistance, health and
insurance benefits and services, marital or parental status, and athletics.
This policy is strictly enforced by the college, and reports of prohibited
conduct receive prompt and equitable attention and appropriate corrective
action.
Sex discrimination does not include where such
differential treatment is explicitly permitted by federal law or regulations,
such as where sex or gender is a bona fide occupational qualification
reasonably necessary to the normal operation of the college.
This rule prohibits certain conduct, referred to
as prohibited conduct. Sexual harassment (including sexual assault, dating
violence, domestic violence, and stalking). prohibited conduct under this rule
also is prohibited under the Clery Act as amended by the Violence Against Women
Act (VAWA). The college will respond promptly in a manner that is not
deliberately indifferent when the college has actual knowledge of prohibited
conduct under this rule.
This rule sets forth the manner in which
individuals can report or file a formal complaint of potential prohibited
conduct, as well as the process that will be used to provide for the prompt and
equitable resolution of such reports or formal complaints. Any person may
report potential prohibited conduct, whether or not the person reporting is the
person alleged to have experienced the prohibited conduct.
(D) Designation of Title IX coordinator
and deputy coordinators
The college hereby designates and authorizes the
following individual as the Title IX coordinator to coordinate its efforts to
comply with Title IX:
Cretia Johnson, Title IX coordinator, 1467 Mount
Vernon avenue, Marion, Ohio 43302, johnsonc@mtc.edu, (740) 386-4195.
Any inquiries or complaints concerning the
application of Title IX may be referred to the Title IX coordinator using the
contact information above, or pursuant to paragraph (H) of this rule. Questions
or concerns about Title IX, or the application of Title IX in this rule, also
may be referred to the U.S. department of education's office for civil
rights at https://ocrcas.ed.gov/contact-ocr.
The Title IX coordinator is responsible for
managing the college's compliance with Title IX and the effective
implementation of this rule. Any references to the actions of the Title IX
coordinator in this rule may be performed by the Title IX coordinator or
designee.
The college designates and appoints the following
individuals as Title IX deputy cooridnators to assist the Title IX coordinator
in fulfilling efforts to comply with Title IX. Title IX deputy cooridnators are
also referred to in this rule as designee.
Jenifer Montag, Title IX deputy cooridnator, 1467
Mount Vernon avenue, Marion, Ohio 43302, montagj@mtc.edu, (740)
386-4222.
Laura Emerick, Title IX deputy cooridnator, 1467
Mount Vernon avenue, Marion, Ohio 43302, emerickl@mtc.edu, (740)
725-4013.
Laura Woughter, Title IX deputy cooridnator, 1467
Mount Vernon avenue, Marion, Ohio 43302, woughterl@mtc.edu, (740)
386-4217.
In addition to addressing complaints against a
particular party, the Title IX coordinator also facilitates the handling of
reports that college policies or practices may discriminate on the basis of
sex, gender identity, gender expression, or sexual orientation. The Title IX
coordinator conducts an assessment of such concerns and, using procedures the
Title IX coordinator determines to be appropriate given the circumstances, and
works with the college to ensure that its policies and practices are
compliant.
(E) Non-discrimination in
application
The requirements and protections of this rule
apply equally regardless of sex, race, color, religion, national origin,
ancestry, age, disability, ethnicity, genetic information (GINA), medical
status, military status, sexual orientation, pregnancy, protected veteran
status, status as a parent of a young child or status as a foster parent, and
gender identity and expression covered by federal or state law. All
requirements and protections are equitably provided to individuals regardless
of such status or status as a complainant, respondent, or witness. Individuals
who wish to file a complaint about the college's rule may contact the U.S.
department of education's office for civil rights at
https://ocrcas.ed.gov/contact-ocr.
(F) Definitions
(1) Actual knowledge -
notice of sexual harassment or allegations of sexual harassment to the
college's Title IX coordinator or any of the following officials who have
the authority to institute corrective measures on behalf of the
college:
(a) Deputy Title IX coordinators;
(b) Campus public safety;
(c) Employees of human resources; or
(d) Administrative employees (directors and above) with
managerial responsibilities, including all academic directors.
This standard is not met when the only official
of the college to have knowledge is the respondent.
(2) Business day - the
hours between eight a.m. and five p.m. Monday through Friday, excluding
holidays and other times when the college is closed or notifies changes to its
regular business hours.
(3) Calendar day - the
period from one midnight to the following midnight.
(4) Coercion - a type of
force that relies on unreasonable pressure for sexual activity against an
individual's will. Coercion includes a wide range of behaviors which
override the voluntary nature of participation in sexual activity. Coercive
behavior differs from seductive behavior based on the type of pressure someone
uses to get consent from another.
(5) Complainant - an
individual who is alleged to have experienced conduct that could constitute
prohibited conduct under this rule.
(6) Confidentiality - see
paragraph (I) of this rule.
(7) Consent - a freely
and affirmatively communicated willingness to participate in sexual activity,
expressed by clear, unambiguous words or actions. It is the responsibility of
the initiator of the sexual activity to ensure that the initiator has the other
person's consent to engage in sexual activity, throughout the entire
sexual activity. At any time, a participant can communicate that they no longer
consent to continuing the activity. Consent may never be obtained through the
use of force, including coercion, or if the victim is mentally or physically
incapacitated, including through the use of drugs or alcohol. Consent cannot be
assumed based on the existence of a previous intimate relationship or sexual
encounter. Additionally, the initiator's use of alcohol or drugs does not
diminish the initiator's responsibility to obtain consent. There is no
requirement of a party to resist the sexual advance or request, but resistance
is a clear demonstration of non-consent. The presence of consent is not
demonstrated by the absence of resistance. Sexual activity that is forced is by
definition non-consensual, but non-consensual sexual activity is not by
definition forced.
(8) Education program or
activity - includes all of the college's operations, which encompasses
employment, as well as locations, events or circumstances over which the
college exercises substantial control over both the respondent and the context
in which the conduct occurs.
(9) Exculpatory evidence
- evidence that tends to suggest that the respondent did not commit a policy
violation.
(10) Force - the use of
physical violence and/or imposing on someone physically to engage in sexual
activity and/or the use of threats, intimidation and coercion to overcome
resistance to sexual activity.
(11) Formal complaint - a
document, including an electronic submission, filed by a complainant with a
signature or other indication that the complainant is the person filing the
formal complaint, alleging prohibited conduct against a respondent about
conduct within the college's jurisdiction (as defined in paragraph (B) of
this rule) and requesting initiation of the formal procedure to investigate the
allegation of sexual harassment. The Title IX coordinator, or designee, also
may file formal complaints as explained in paragraph (N)(2) of this
rule.
(12) Inculpatory evidence
- evidence that tends to suggest that the respondent committed a policy
violation.
(13) Incapacitation - a
state in which a person cannot make rational decisions about engaging in sexual
activity. Incapacitation may result from a temporary or permanent mental or
physical disability, from sleep or unconsciousness, or from the taking of
alcohol or other drugs. Apparent consent by an incapacitated complainant is not
valid where a respondent knew or should have known that the complainant was
incapacitated.
(14) Preponderance of the
evidence - the standard of evidence used to resolve the disputed issue of fact
and to make decisions as to whether prohibited conduct occurred. A
preponderance of the evidence exists where the evidence establishes that the
disputed fact is more likely than not to be true. A preponderance of the
evidence also exists where the evidence establishes that the prohibited conduct
is more likely than not to have been committed. In determining whether a
preponderance of the evidence exists, the decision-maker relies on the quality
and relative weight of the evidence rather than the quantity of
evidence.
(15) Privacy - see
paragraph (I) of this rule.
(16) Prohibited conduct -
the conduct prohibited by this rule. There are six types of prohibited conduct
that qualify as "Title IX sexual harassment," each of which is
defined more specifically below in paragraph (G) of this rule: quid pro quo
sexual harassment; unwelcome conduct sexual harassment; sexual assault; dating
violence; domestic violence; and stalking, on the basis of sex. The definitions
used here are mandated by federal regulations.
(17) Relevant evidence
and questions - relevant evidence and questions refer to any questions and
evidence that tend to make an allegation of sexual harassment more or less
likely to be true.
Relevant evidence and questions do not include
the following types of evidence and questions, which are deemed irrelevant at
all stages of this rule:
(a) Evidence and questions about the complainant's
sexual predisposition or prior sexual behavior unless:
(i) They are offered to
prove that someone other than the respondent committed the conduct alleged by
the complainant; or
(ii) They concern
specific incidents of the complainant's prior sexual behavior with respect
to the respondent and are offered to prove consent.
(b) Any party or witness' medical, psychological and
similar records unless the individual to whom the record pertains has given
voluntary, written consent.
(c) Evidence and questions that constitute, or seek
disclosure of, information protected under a legally recognized privilege,
unless the individual who holds the privilege has waived it.
(18) Respondent - an
individual who is alleged to have committed conduct that could constitute
prohibited conduct under this rule.
(19) Sexual harassment -
means conduct on the basis of sex that satisfies one of more of the following:
an employee of the institution conditioning the provision of an aid, benefit or
service of the college on an individual's participation in unwelcome
sexual conduct; unwelcome conduct that a reasonable person would determine is
so severe, pervasive, and objectively offensive that it denies a person access
to the institution's education program or activity; or "sexual
assault" (as defined in the Clery Act) , "dating violence,"
"domestic violence," or "stalking" as defined (all as
defined in VAWA).
(20) Supportive measures
- non-disciplinary and non-punitive resources and measures available to the
parties. When a complainant reports potential prohibited conduct as defined in
this rule, the Title IX coordinator or designee will contact the complainant to
assess their immediate needs and offer supportive measures as appropriate.
Complainants have the right to receive supportive measures from the college
regardless of whether they decide to file a formal complaint. The Title IX
coordinator also shall offer supportive measures to respondents. Supportive
measures also include "protective measures" as that term is defined
by the Clery Act and implementing regulations.
(21) Writing - includes
written, electronic, or email communication.
(G) Prohibited conduct
Sexual harassment as defined by the Title IX
regulations includes any one of the following:
(1) Quid pro quo - an
employee of the college conditioning the provision of an aid, benefit or
service of the college on an individual's participation in unwelcome
sexual conduct;
(2) Hostile environment -
unwelcome conduct on the basis of sex determined by a reasonable person to be
so severe, pervasive and objectively offensive that it effectively denies a
person equal access to the college's education program or activity;
(3) Sexual assault - a
forcible or non-forcible sex offense as defined by the uniform crime reporting
system used by the federal bureau of investigation pursuant to 20 U.S.C.
1092(f)(6)(A)(v), including rape, sodomy, sexual assault with an object,
fondling, incest and statutory rape. The following definitions prohibit the
following behaviors:
(a) Vaginal, anal, or oral sexual intercourse with a person
without their consent;
(b) Touching the private body parts of another person for
the purpose of sexual gratification without their consent;
(c) Sexual intercourse between persons who are related to
each other within the degrees wherein marriage is prohibited by law. In Ohio,
division (A) of section 3101.01 of the Revised Code provides that individuals
nearer of kin than second cousins may not marry;
(d) Sexual intercourse with a person who is under the
statutory age of consent. In Ohio, division (A)(1)(b) of section 2907.02 of the
Revised Code provides that no person may have sex with a child under the age of
thirteen. Division (A) of section 2907.04 of the Revised Code provides that no
person over the age of eighteen may have sex with a child under the age of
sixteen.
(4) Dating violence -
violence committed by a person who is or has been in a social relationship of a
romantic or intimate nature with the complainant. The existence of such a
relationship shall be determined based on a consideration of the length of the
relationship, the type of relationship and the frequency of interaction between
the persons involved in the relationship.
(5) Domestic violence -
felony or misdemeanor crimes of violence on the basis of sex committed by a
current or former spouse or intimate partner of the complainant, by a person
with whom the complainant shares a child in common, by a person who is
cohabitating with or has cohabitated with the complainant as a spouse or
intimate partner or by a person similarly situated to a spouse of the
complainant under the domestic or family violence laws of the jurisdiction.
Domestic violence also includes felony or misdemeanor crimes of violence
committed by any other person against an adult or youth complainant who is
protected from that person's acts under the domestic or family violence
laws of the jurisdiction, where such conduct is on the basis of
sex.
(6) Stalking - engaging
in a course of conduct, on the basis of sex, directed at a specific person that
would cause a reasonable person to fear for their safety or the safety of
others or suffer substantial emotional distress.
Stalking and domestic violence, as defined in
this paragraph, that are not conducted on the basis of sex will be addressed by
human resources.
For reported behavior to qualify as Title IX
sexual harassment under this rule, in addition to meeting the elements of the
specific type of sexual harassment, as defined in this paragraph, it must meet
all of the following threshold requirements, as determined by the Title IX
coordinator and as mandated by federal law:
(a) The conduct must have occurred against a person in the
United States;
(b) The conduct must have occurred within the
college's education program or activity. For purposes of this provision,
this means that the conduct must have occurred either (i) in a location, event,
or circumstances over which the college exercised substantial control over both
the respondent and the context in which the sexual harassment occurs; or (ii)
in relation to a building owned by a student organization that is officially
recognized by the college; and
(c) The complainant must be participating in or attempting
to participate in the education program or activity of the college at the time
the formal complaint is filed.
(7) Conduct that does not
meet these threshold requirements may still be addressed by the college through
its code of conduct or employee handbook.
(H) Reporting prohibited
conduct
Anyone who feels they are in immediate danger are
strongly encouraged to call 911.
(1) Making a report to
the college
The college strongly encourages individuals who
have experienced or witnessed prohibited conduct to file a report with the
Title IX coordinator as soon as reasonably possible. Making a report does not
require further action on the part of the reporter.
Employees of the college who become aware of
behavior that may constitute prohibited conduct are required to report all
information regarding such prohibited conduct to the Title IX coordinator as
soon as reasonably possible (see paragraph (J) of this rule).
Any person may report potential prohibited
conduct in person, by mail, by telephone or by email, using the contact
information listed for the Title IX coordinator, or by any other means that
result in the Title IX coordinator receiving the person's verbal or
written report. Such reports may be made at any time, including during
non-business hours.
MTC's Title IX coordinator: Cretia
Johnson, Title IX coordinator, 1467 Mount Vernon avenue, Marion, Ohio 43302,
johnsonc@mtc.edu, (740) 386-4195.
The Title IX coordinator and/or the deputy
Title IX coordinators will consult with the complainant to determine if it is
appropriate to make a formal complaint. Anonymous reports may be made, but
depending on the level of information provided, anonymous reporting may limit
the college's ability to respond. Employees who are required to make
reports under this rule are not permitted to make such reports anonymously. If
the anonymous report includes a crime, it will be counted in the college's
crime statistics.
Any student, employee, or third party who
reports that they have experienced sexual assault, domestic violence, dating
violence, or stalking on the basis of sex shall be provided with a written
explanation of their rights, options, and available services. These rights and
options include the opportunity to access specific support services at the
college and in the community, such as assistance with changing academic and
working arrangements upon request. Appropriate college officials will determine
if the request is reasonable. Such rights also apply to the respondent.
Please note, a report of prohibited conduct
does not automatically result in a formal investigation. The Title IX
coordinator will need to evaluate whether the report alleges sufficient
information to meet the jurisdictional requirements.
Students or employees who knowingly or
maliciously make a false or frivolous allegation of prohibited conduct will be
subject to sanctions from the college. Student sanctions will follow procedures
outlined in administrative policy 420 - "Student Disciplinary Action"
and employee sanctions will follow administrative policy 306 -
"Disciplinary Action." Where it is alleged that the Title IX
coordinator has engaged in prohibited conduct, such report may be directed to
the vice president for business affairs, who will designate an appropriate
individual to act as the Title IX coordinator for purposes of that
report.
(2) Reporting
options
When an individual experiences prohibited
conduct, the following options are available to them, which can be explained in
more detail by the Title IX coordinator:
(a) If the prohibited conduct constitutes a crime, the
option to notify college law enforcement and/or local law enforcement. The
college can help facilitate such notification;
(b) The option to seek a protection order and/or other
legal orders through a court with jurisdiction, which will be enforced by the
college as may be required by the order;
(c) The option to seek medical attention, counseling
services or other confidential resources (see paragraph (I) of this
rule);
(d) The option to file a report with the Title IX
coordinator and request appropriate supportive measures;
(e) The option to report prohibited conduct to an employee
who is required to file the information with the Title IX coordinator, except
where the disclosure is made in the context of a confidential relationship
(e.g., counselor-patient);
(f) The option to file a formal complaint with the Title IX
coordinator to pursue informal resolution or a formal
investigation;
(g) The option to report prohibited conduct using email
address titleix@mtc.edu, sent directly to the Title IX coordinator and all
Title IX deputy coordinators.
A complainant may choose multiple options, and
the options they choose may change over time. For example, a complainant may
choose initially to proceed with a criminal investigation, or this process,
both or neither. Regardless of those choices, the complainant may seek a
protection order, confidential resources, supportive measures, and/or file a
formal complaint.
(3) Making a report to
law enforcement
Where an individual has been subjected to
violence or other criminal acts, the college encourages such individuals to
seek assistance from medical providers and/or law enforcement immediately after
the incident, whether or not the complainant intends to pursue criminal
charges. This is to assist in the preservation of evidence and to begin a
timely response by law enforcement. Preserving evidence may later assist in
proving that an alleged criminal offense occurred, or it may be helpful in
obtaining a protection order if one is desired.
The Title IX coordinator can assist in
notifying law enforcement authorities if the complainant chooses. Complainants
also may decline to notify such authorities. Also see paragraph (J) of this
rule regarding Ohio's felony reporting law.
(I) Confidentiality and
privacy
Confidentiality and privacy are two distinct
concepts under this rule.
Privacy means that information will be protected
except to the extent it is necessary to disclose information in order to
respond to a report, effectuate supportive measures, facilitate an informal
resolution, administer a formal complaint under this rule, provide remedies to
those who experience prohibited conduct and ensure the safety of individuals
and the college community. The Title IX coordinator and college employees are
expected to respect the privacy of the parties and witnesses to a report or
formal complaint and share information only on a "need to know"
basis. Personally identifiable information regarding students is further
protected by the federal Family Educational Rights and Privacy Act (FERPA), but
sharing information as required by this rule is permitted under that
act.
Confidentiality means that information will not
be shared by the individual who receives the information except in limited
circumstances, such as where there is an imminent threat of harm to the
individual or to others, or where there is knowledge or suspicion of child
abuse (including sexual abuse and molestation) or neglect.
(1) Individuals seeking
confidential assistance through college resources may contact the
following:
(a) Student resource center - (740) 386-4200 (currently
enrolled students only)
(b) Matrix EAP counselors - (888) 628-4824
(employees)
(c) Mike Stuckey - (740) 386-4171
(2) Individuals seeking
confidential assistance outside of the college may contact the
following:
(a) Mental health providers
(i) Marion area
counseling center - (740) 387-5210
(ii) Center street
community health center behavioral health services - (740)
751-6380
(b) Domestic violence and intimate partner violence
assistance through the following:
(i) Ohio domestic
violence network - https://www.odvn.org/find-help/
(c) 24/7 hotlines:
(i) Child help national
child abuse hotline - (800) 422-4453
(ii) Crisis text line -
text "HOME" to 741741
(iii) Gay, lesbian,
bisexual and transgender national hotline - (888) 843-4564
(iv) National domestic
violence hotline - (800) 799-7233
(v) National human
trafficking hotline - (888) 373-7888
(vi) National sexual
assault hotline - (800) 656-HOPE
(vii) National suicide
prevention lifeline - (800) 273-8255
(viii) National teen and
young adult dating abuse helpline - (866) 331-9474 or text "loveis"
to 22522
(ix) Ohio hispanic
coalition domestic violence hotline - (614) 746-3534 (Spanish and
English)
(x) Ohio sexual violence
helpline - (844) OHIO-HELP
(d) The college is required by the Clery Act to keep
certain publicly available records regarding crimes that are reported on or
near campus property. Such records do no include personal information regarding
victims of such crimes, to the extent permissible by law.
(J) Employee and volunteer reporting
responsibilities
All employees are required to notify the Title IX
coordinator or, in absence of the Title IX coordinator, one of the deputy Title
IX coordinators upon learning of prohibited conduct.
Although employees cannot provide confidentiality
when they learn of potential prohibited conduct, they will maintain the privacy
of those involved to the greatest extent possible.
All individuals, including employees and
volunteers of the college, are required by Ohio law to report felonies,
including sexual assault, to law enforcement unless they learn of such conduct
in the context of a confidential relationship, such as counselor-patient
treatment. The Title IX coordinator can assist in facilitating this reporting
upon request.
All employees and volunteers of the college are
required to report potential sexual abuse and molestation of a minor to law
enforcement or child protective services. The Title IX coordinator can assist
in facilitating this reporting upon request.
Employees and volunteers who fail to comply with
these reporting responsibilities are subject to disciplinary action, up to and
including termination of employment.
(K) Supportive measures
Upon receipt of a report of potential prohibited
conduct, the Title IX coordinator shall offer the complainant reasonably
available and appropriate supportive measures. The Title IX coordinator also
shall offer supportive measures to respondents. The supportive measures that
are offered to the parties may evolve as circumstances change, and either party
may request different or additional supportive measures from the Title IX
coordinator at any time. It is not necessary for a party to file a formal
complaint or make a report to law enforcement in order to receive supportive
measures.
Supportive measures are non-disciplinary,
non-punitive individualized services offered as appropriate, as reasonably
available, and without fee or charge to the recipient of the measures. The
measures shall be designed to restore or preserve equal access to the
college's education program or activity, including employment, without
unreasonably burdening the other party. Supportive measures may be designed to
protect the safety of a party or of the college's educational, and/or
working environment, or they may be designed to deter prohibited conduct. The
Title IX coordinator is responsible for determining and coordinating the
effective implementation of supportive measures.
Examples of supportive measures that may be
offered include:
(1) Counseling;
(2) Extensions of
deadlines or other course-related adjustments;
(3) Modifications of work
or class schedules;
(4) Campus escort
services;
(5) Mutual restrictions
on contact between the parties;
(6) Changes in work
locations;
(7) Increase security and
monitoring of certain areas of the campus;
(8) Changes to academic
and working situations;
(9) Other similar
measures as deemed appropriate by the Title IX coordinator.
College employees are expected to keep supportive
measures private except as may be necessary to provide the supportive
measures.
The Title IX coordinator is responsible for
maintaining records of all supportive measures that are given to each party,
information about which measures were requested by a party but not offered and
the rationale for such decision, and information about which supportive
measures were offered but rejected by a party. If the college does not offer
supportive measures to a party, it must document the reasons why such response
was reasonable in light of the known circumstances
As required by the Clery Act, the college
provides written notification to student and employee complainants about
existing counseling, health, mental health, victim advocacy, legal assistance,
visa and immigration assistance, student financial aid and other services
available for complainants who report being victims of crimes.
(L) Emergency removal
The college retains the authority to remove
individuals who are alleged to have committed prohibited conduct under this
rule from its program(s) or activity(ies) on an emergency basis. If a
respondent is alleged to have committed sexual harassment, the college will
undertake an individualized safety and risk analysis in order to determine if
there is an immediate threat to the physical health or safety of any student or
other individual arising from the allegations of prohibited conduct which
justifies a removal.
If the college determines such removal is
necessary, the respondent who is alleged to have committed sexual harassment
will be provided notice and an opportunity to challenge the decision
immediately following the removal.
(M) Administrative leave
The college retains the authority to place a
non-student employee respondent on paid administrative leave during this rule.
Paid administrative leave is not considered to be an "emergency
removal" for purposes of paragraph (L) of this rule.
(N) Formal investigation and
decision-making process
(1) Overall time
frame
The time frame for the formal investigation and
resolution process begins with the filing of a formal complaint. The process
will be concluded within a reasonably prompt manner, and no longer than sixty
business days after the filing of the formal complaint. However, the process
may be extended for good cause, including but not limited to the unavoidable
absence of a party, a party's advisor, or a witness; the complexity and
scope of the allegations; the complexity and amount of evidence submitted for
consideration; the number of witnesses involved; concurrent law enforcement
activity; intervening college breaks or closures; or the need for language
assistance or accommodation of disabilities. In the event that an extension is
granted by the Title IX coordinator, the parties will be notified by written
communication of the reason(s) for the delay and the expected adjustment in
time frames.
Parties may request the extension of deadlines
within this process for good cause provided that the requester provides
reasonable notice and the delay does not overly inconvenience other parties.
The Title IX coordinator shall have sole discretion to determine such
extensions, which if granted, shall be provided to the parties to the extent
applicable.
(2) Filing a formal
complaint
To file a formal complaint, the complainant
must file a signed written document (which may be electronic) that alleges
prohibited conduct against a respondent and requests that the college
investigate the allegation of prohibited conduct. Such complaints must be filed
with the Title IX coordinator in person, by mail, or by email. If a complainant
is not eighteen years of age and is not enrolled in the college, the college
must obtain the voluntary, written consent of a natural parent, guardian, or an
individual acting as a parent in the absence of a parent or guardian before
proceeding with an investigation.
Upon receipt of a formal complaint from a
complainant, the Title IX coordinator will conduct an initial assessment to
determine whether the formal complaint properly alleges prohibited conduct
under this rule. The Title IX coordinator may gather additional information if
necessary to make such a determination. formal complaints alleging prohibited
conduct will be handled according to this rule. The Title IX coordinator also
may consolidate potential violations of other college policies into a formal
complaint where they relate to the alleged prohibited conduct and the Title IX
coordinator determines, in their sole discretion, that it is appropriate to do
so under the circumstances. Formal complaints that do not allege any prohibited
conduct under this rule will be addressed by the appropriate policy and/or
forwarded to the appropriate college office, if any, for further
consideration.
If a formal complaint is brought against a
respondent that is not subject to substantial control by the college, such as
where the respondent is not an employee or student, the Title IX coordinator
may, in their sole discretion, consult with the campus public safety office to
determine if a criminal trespass order is appropriate and/or take other steps
to protect the safety of the campus in lieu of any further investigation or
decision-making. In such situations, all parties simultaneously shall be
notified by written communication that the formal complaint has been dismissed
and the reasons for dismissal The Title IX coordinator still shall offer
appropriate supportive measures to the complainant pursuant to this rule.
The Title IX coordinator also may file a formal
complaint upon receiving a report that potential prohibited conduct has
occurred. Factors to consider when making this decision include the preferences
and concerns of the complainant, the nature and circumstances of the
allegations in the report, the severity and impact of the reported conduct,
allegations of repeated behavior by the respondent, whether the respondent has
admitted to the conduct, whether there are multiple complainants or
respondents, whether the respondent has threatened further prohibited conduct
or violence against the complainant or others, whether the respondent is an
employee and whether the college possesses independent means to obtain relevant
evidence if the complainant is not willing or able to participate. If a
complainant requests that no formal action be taken, the college will balance
that request with its responsibility to protect the college community from
prohibited conduct. The Title IX coordinator will inform the complainant of
whether the college will take formal action on the formal complaint by written
communication. If the Title IX coordinator decides to take formal action, the
Title IX coordinator will inform the complainant of this decision prior to
notifying the respondent of the formal complaint. If the complainant chooses
not to participate in the formal complaint and the process that follows it,
they are still entitled to receive all notices issued under this rule.
The Title IX coordinator may consolidate formal
complaints alleging prohibited conduct against more than one respondent, or by
more than one complainant against one or more respondents, or by one party
against the other party, where the allegations of prohibited conduct arise out
of the same facts or circumstances.
The Title IX coordinator, or designee, will
acknowledge receipt of the formal complaint within two business days.
Nothing in this rule prevents a complainant
from seeking the assistance of law enforcement alongside the appropriate
college process. If a formal complaint is filed in relation to a concurrent law
investigation, the college will coordinate with law enforcement to ensure its
procedures do not interfere with that investigation.
The Title IX coordinator may, in their sole
discretion, dismiss a formal complaint or any of the allegations therein if at
any time during the investigation or decision-making process:
(a) A complainant notifies the Title IX coordinator in
writing that they would like to withdraw the formal complaint or any
allegations therein;
(b) The respondent is no longer enrolled in or employed by
the college; or
(c) Specific circumstances prevent the college from
gathering evidence sufficient to reach a determination as to the formal
complaint or allegations therein.
If a formal complaint is dismissed, the college
will promptly send written notice of the dismissal and the reasons for the
dismissal simultaneously to the parties. Where a formal complaint is dismissed,
the college may take action under another provision of its policies and/or
codes of conduct.
(3) Title IX hearing
eligibility
When a formal complaint is filed, the Title IX
coordinator will determine whether the matter is potentially eligible for a
Title IX hearing.
Under the federal Title IX regulations, only
certain cases are eligible for a Title IX hearing. To be eligible for a Title
IX hearing, all of the following must be true:
(a) The formal complaint was filed by a complainant who, at
the time of filing, was either participating in or attempting to participate in
a college education program or activity, including employment;
(b) The formal complaint alleges sexual harassment;
(c) The sexual harassment is alleged to have occurred
against a person in the United States;
(d) The sexual harassment is alleged to have occurred
within the college's education program or activity.
Sexual harassment and/or other prohibited
conduct under this rule that does not meet the listed criteria will be
addressed by the non-Title IX resolution process described in paragraph (N)(8)
of this rule.
This determination of whether the matter will
proceed to a Title IX hearing or a non-Title IX resolution will be finalized
after the investigative report is submitted, as described in this rule.
(4) Notice to the
parties
Where a formal complaint has been determined
through an initial assessment to properly allege prohibited conduct, the Title
IX coordinator, or designee, shall provide written notice to the parties that
shall include the following:
(a) Notice of this rule.
(b) Notice of the allegations of prohibited conduct,
including sufficient details known at the time of the notice and with
sufficient time to prepare a response before any initial interview. Such notice
shall contain:
(i) The identities of the
parties involved in the incident(s), if known;
(ii) The allegations of
prohibited conduct;
(iii) The date and
location of the reported incident(s), if known.
(c) A statement that the respondent is presumed not
responsible for the reported conduct and that a determination regarding
responsibility is made at the conclusion of the process.
(d) A statement that the parties may have an advisor of
choice, who may be an attorney, accompany them to any related meeting or
proceeding under this rule.
(e) A statement that the parties may inspect and review
evidence as provided in this rule.
(f) A statement that the parties may suggest witnesses and
provide statements and evidence as permitted by this rule.
(g) A statement that the allegations may be eligible for a
Title IX hearing under this rule, or whether they may be subject to a
"mandatory dismissal" from the Title IX hearing process under this
rule.
(h) Notice that the college prohibits knowingly making
false statements or knowingly submitting false information during the process
of filing and addressing a formal complaint.
(i) Notice of how to request supportive measures under this
rule.
(j) A statement that retaliation is prohibited under this
rule.
(k) Information about how to request reasonable
accommodations relating to a disability.
If, during the course of an investigation, the
Title IX coordinator determines it is appropriate to include additional
allegations in the investigation, the Title IX coordinator, or designee, will
provide written notification of those additional allegations and sufficient
details of such allegations to the parties.
(5) Role of the
advisor
Each party may bring an advisor of their choice
with them to all meetings and/or proceedings under this rule. The advisor may
be an attorney, or another individual that the party chooses. Advisors may not
be disruptive to the process. At any point, advisors may be removed or
dismissed from the process for disruptive behavior or where they do not abide
by the restrictions on their participation. Except as described below with
regard to live hearings in paragraph (N)(9) of this rule, the advisor's
role is limited to providing advice and support to the party.
(6) Informal
resolution
After the initiation of a formal complaint, if
all parties voluntarily consent by written communication, the college may
determine whether it is appropriate to assist the parties in an informal
resolution process. An informal resolution process is available at any time
prior to reaching a determination regarding responsibility, except that federal
regulations prohibit informal resolution in the cases of reports of sexual
harassment brought by a student against a college employee.
Before initiating an informal resolution
process, the college will: provide the parties a written notice that an
informal resolution process is available to them; and obtain the parties'
voluntary, written consent to the informal resolution process. The written
notice to the parties will disclose the allegations, the requirements of the
informal resolution process (described in this paragraph) and any consequences
resulting from participating in the informal resolution process, including the
records that will be maintained or could be shared.
The college does not require as a condition of
enrollment or continuing enrollment, or employment or continuing employment, or
enjoyment of any other right, the waiver of the right to an investigation and
adjudication of formal complaints under this rule. Similarly, the college will
never require the parties of a formal complaint under this rule to participate
in an informal resolution process.
The college's informal process provides
any party, at any time prior to agreeing to a resolution, the right to withdraw
from the informal resolution process and resume the formal resolution process
with respect to the formal complaint.
When allegations of prohibited conduct can be
resolved through informal resolution by mutual consent of the parties and on a
basis that is acceptable to the Title IX coordinator, the resolution process
shall be considered final and binding and there will be no subsequent process
or appeal.
(7) Investigation
formal complaints shall be investigated by a
trained investigator who is free from bias or conflicts of interest. The Title
IX coordinator, in their discretion, may assign more than one investigator to a
case and may perform the role of investigator while carrying out the duties of
Title IX coordinator. The investigator(s) shall gather relevant evidence
sufficient to reach a determination regarding responsibility, as the burden of
proof and the burden of gathering evidence is an obligation that rests on the
college and not the parties.
(a) Submission of evidence and witnesses
The parties each have the opportunity to be
interviewed by the investigator(s), submit relevant evidence and witness names
and contact information to the investigator(s) and provide a written statement
to the investigator(s) if they choose. The parties may present fact and expert
witnesses to the investigator(s).
Each party shall be provided with written
notice of the date, time, location, participants and purpose of all
investigative interviews or other meetings that they are expected to attend,
with sufficient time for the party to prepare to participate. Each party may
bring an advisor to all investigative meetings or interviews. Except as
described with regard to live hearings in paragraph (N)(9) of this rule, the
advisor's role is limited to providing advice and support to the
party.
(b) Review of evidence
When the investigator(s) believes they are
ready to prepare the investigation report, the Title IX coordinator will send
to each party and the partys advisor, if any, the evidence subject to
inspection and review in an electronic format or a hard copy, and the parties
will have ten calendar days to submit a written response. The parties will have
an equal opportunity to inspect and review any evidence obtained as part of the
investigation that is directly related to the allegations raised in the formal
complaint, including the evidence upon which the college does not intend to
rely in reaching a determination regarding responsibility and inculpatory or
exculpatory evidence whether obtained from a party or other source. The college
will not consider or provide for inspection and review of evidence which the
college knows was illegally or unlawfully created or obtained.
Parties and their advisors are not permitted
to download, print, share or otherwise disseminate any of the evidence subject
to inspection and review. Parties who download, print, share or otherwise
disseminate the evidence will be subject to sanctions or disciplinary actions
determined by the Title IX coordinator.
(c) Preparation of investigative report and party
response
The investigator(s) will review the
parties' written responses, conduct any follow-up investigation the
investigator(s) deems appropriate and prepare an investigative report that
summarizes relevant evidence. The investigative report will not include a
summary of evidence not considered to be relevant. If the complaint involves
multiple complainants, multiple respondents, or both, the college may issue a
single investigative report.
Each party and their advisor shall receive a
copy of the investigative report for their review and written response, at
least ten calendar days prior to a hearing or other time of determination
regarding responsibility. If a party disagrees with the investigator's
determination about which evidence is relevant, the party may include arguments
for or against relevance of evidence in their written response.
(d) Final determination as to hearing
eligibility
The investigative report will include an
assessment as to whether the reported conduct is eligible for a Title IX
hearing. Under the federal Title IX regulations, only certain cases are
eligible for a Title IX hearing. To be eligible for a Title IX hearing, all of
the following must be true:
(i) The formal complaint
was filed by a complainant who, at the time of filing, was either participating
in or attempting to participate in a college education program or activity,
including employment;
(ii) The formal complaint
alleges sexual harassment;
(iii) The sexual
harassment is alleged to have occurred against a person in the United States;
and
(iv) The sexual
harassment is alleged to have occurred within the college's education
program or activity.
The Title IX coordinator will review the
assessment and determine whether they concur with the assessment of the
investigator(s) and whether a Title IX hearing will be held.
If the Title IX coordinator determines that
none of the conduct, if proven, meets the requirements for a Title IX hearing,
the Title IX coordinator shall notify the parties that the case is subject to
mandatory dismissal from the Title IX hearing process found in this rule and
the case shall proceed to a non-Title IX resolution pursuant to paragraph
(N)(8) of this rule.
If the Title IX coordinator determines that
the case is eligible for a Title IX hearing, the case shall proceed to a Title
IX hearing pursuant to paragraph (N)(9) of this rule.
The Title IX coordinator's decision
regarding Title IX hearing eligibility may be appealed to the vice president of
business affairs within three business days of receipt of the decision. The
vice president's decision is final and binding.
(8) Non-Title IX
resolution
Cases that do not proceed to a Title IX hearing
will be resolved through the non-Title IX resolution process. Such process is
typically completed within thirty calendar days of referral for decision,
except where extensions are appropriate for good cause as determined by the
Title IX coordinator in consultation with the student conduct officer, if the
respondent is a student, or human resources, if the respondent is an employee.
The Title IX coordinator will give written notice of the reason for the
extension.
Where the respondent is a student or former
student, the case shall be referred to the student conduct officer for
resolution through the student discipline process, in accordance with
administrative policy 420 - "Student Code of Conduct and Disciplinary
Action."
Where the respondent is an employee or former
employee, the case shall be referred to human resources, who shall resolve it
pursuant to the employee discipline process, in accordance with administrative
policy 306 - "Disciplinary Action" and other relevant
policies.
The decision-maker in this process will inform
the respondent and the complainant, as appropriate, of the determination and
options to appeal, in writing.
(9) Title IX
hearing
The college will hold a live hearing after the
investigation, where the case is determined to be eligible for such hearing.
Hearings are typically held within thirty calendar days of referral for
hearing, except where extensions are appropriate for good cause as determined
by the Title IX coordinator with written notice to both parties of the reason
for the extension.
The Title IX coordinator will appoint a trained
decision-maker (hereinafter "hearing officer") to serve as decision
maker during the hearing. The hearing officer will not be the Title IX
coordinator, the investigator(s) who investigated the allegations, or the
individual coordinating informal resolution. The hearing officer is under an
obligation to objectively evaluate all relevant evidence both inculpatory and
exculpatory. The hearing officer has the right to ask questions and elicit
information from parties and witnesses on the hearing officer's own
initiative.
The college will not limit the choice or
presence of an advisor for complainant or respondent in any meeting or related
proceeding. Advisors are required to abide by college restrictions regarding
the extent to which they may participate in proceedings, and any restrictions
will apply equally to the parties. If a party's advisor refuses to comply
with restrictions set by the college, the college may require the party to use
a different advisor.
At least five business days prior to the
hearing, a separate pre-hearing conference will be held with each party, the
party's advisor, the Title IX coordinator and the hearing officer. At the
pre-hearing conference, the party and advisor must disclose the witnesses that
will be requested and the evidence that will be submitted for consideration.
Evidence and witnesses may only be considered at the hearing if they were
submitted to the investigator, unless they were previously unknown or
unavailable to the party during the investigation. The hearing officer will
decide whether to grant any requests for new evidence and new witnesses at the
pre-hearing conference. The hearing officer also will discuss guidelines for
appropriate behavior and decorum during the hearing. The parties are not
required to attend but are encouraged to do so.
Hearings will be conducted with all parties
physically present in the same geographic location or, at the college's
discretion, any or all parties, witnesses and other participants may appear at
the live hearing virtually, with technology enabling participants
simultaneously to see and hear each other.
The college will create a recording, or
transcript, of any live hearing and make it available to the parties for
inspection and review.
At the live hearing, the hearing officer will
permit each party's advisor to ask the other party and any witnesses all
relevant questions and follow-up questions, including those challenging
credibility. Before a complainant, respondent, or witness answers a question,
the hearing officer will first determine whether the question is relevant and
explain any decision to exclude a question as not relevant.
The hearing officer is not required to give a
lengthy or complicated explanation of a relevancy determination during the
hearing and may send to the parties after the hearing any revisions to the
hearing officer's explanation that was provided during the hearing.
Cross-examination at the live hearing will be
conducted directly, orally and in real time by the party's advisor of
choice and never by a party personally. All questioning will be relevant,
respectful and non-abusive. No party will be yelled at or asked questions in an
abusive or intimidating manner.
If a party or witness does not submit to
cross-examination at the live hearing, the hearing officer will not rely on any
statement of that party or witness in reaching a determination regarding
responsibility. However, a respondent's alleged verbal conduct that itself
constitutes the reported prohibited conduct at issue is not considered the
respondent's "statement" and therefore may be considered even if
the respondent does not submit to cross-examination. Similarly, video or audio
evidence showing the conduct alleged within a complaint may be considered, even
if the party does not submit to cross-examination. The hearing officer will not
draw an inference about the determination regarding responsibility based solely
on a party's or witness's absence from the live hearing or refusal to
answer cross-examination or other questions.
If a party does not have an advisor present at
the live hearing, the college will provide, without fee or charge to that
party, an advisor of the college's choice to conduct cross-examination on
behalf of that party. That advisor may be, but is not required to be, an
attorney.
Relevancy determinations will be made pursuant
to paragraph (N)(10) of this rule. Credibility will be considered pursuant to
paragraph (N)(11) of this rule. Decisions will be prepared pursuant to
paragraph (N)(12) of this rule. Sanctions, if any, will be determined pursuant
to paragraph (N)(13) of this rule. Additional remedies, if any, will be
determined pursuant to paragraph (N)(14) of this rule.
(10) Relevance
Relevant evidence is evidence that tends to
make a fact that is important to the case either more probable or less
probable. Relevant questions are those questions that are designed to elicit
relevant evidence.
The following may be considered irrelevant:
(a) Repetitive or duplicative questions or
evidence;
(b) Information that is protected by a legally recognized
privilege, such as attorney-client privilege;
(c) Questions and evidence about the complainant's
sexual predisposition or prior sexual behavior, unless:
(i) 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
(ii) 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;
(d) Any party's medical, psychological and similar
records, unless the party has given voluntary, written consent for their use in
the process.
The college will not exclude relevant evidence
because such relevant evidence may be unduly prejudicial, concern prior bad
acts (unless excluded in this paragraph) or constitute character evidence.
However, the hearing officer may objectively evaluate such evidence by
analyzing whether that evidence warrants a high or low level of weight or
credibility.
Pattern evidence may be determined to be
relevant by the hearing officer where the respondent was previously found to be
responsible for the offense, the previous incident was substantially similar to
the present allegation and the information indicates a pattern of behavior and
substantial conformity with that pattern by the respondent.
(11) Credibility
The hearing officer will evaluate all
admissible, relevant evidence for weight and credibility. The degree to which
any inaccuracy, inconsistency, or implausibility in a narrative provided by a
party or witness should affect a determination regarding responsibility is a
matter to be decided by the hearing officer, either after reviewing the case
file in the case of non-hearing resolution, or after having the opportunity to
ask questions of parties and witnesses, and to observe how parties and
witnesses answer the questions posed by the other party in the case of a
hearing. Corroborating evidence is not required.
Credibility determinations are not based solely
on observing demeanor, but also are based on other factors such as the level of
specific details and consistency of each person's account, whether
corroborative evidence is lacking where it should logically exist and the
inherent plausibility of the statement. Credibility determinations will not be
based on an individual's status as a complainant, respondent, or
witness.
The hearing officer should evaluate the answers
given by anyone testifying in context, including taking into account that the
person testifying may experience stress while trying to answer
questions.
If a party or witness does not submit to
cross-examination at the live hearing, the decision-maker will not rely on any
statement (factual assertion to prove or disprove the allegations) of that
party or witness in reaching a determination regarding responsibility.
(12) Decision
The hearing officer will conduct an objective
evaluation of all relevant evidence, including both inculpatory and exculpatory
evidence, and issue a written determination of responsibility for prohibited
conduct using a "preponderance of the evidence" standard. The same
standard of evidence applies to all formal complaints regardless of the status
or title of the respondent.
The determination of responsibility will
include:
(a) Identification of the allegations potentially
constituting prohibited conduct;
(b) A description of the procedural steps taken from the
receipt of the formal complaint through the determination, including any
notifications to the parties, interviews with parties and witnesses, site
visits and methods used to gather other evidence and hearings
held;
(c) Findings of fact supporting the
determination;
(d) Conclusions regarding the application of this rule to
the facts;
(e) A statement of, and rationale for, the result as to
each allegation, including a determination regarding responsibility, any
disciplinary sanctions or disciplinary actions the college imposes on the
respondent (see paragraph (N)(13) of this rule), and whether remedies will be
provided by the college to the complainant (see paragraph (N)(14) of this
rule), and;
(f) The college's procedures and permissible bases for
the complainant and respondent to appeal (see paragraph (O) of this
rule).
The nature of remedies, if any, will not be
included within the determination. The determination will be provided to the
parties simultaneously. The determination becomes final only after the time
period for appeal has expired or, if a party does file an appeal, after the
appeal decision has been sent to the parties.
(13) Sanctions
The college recognizes that not every case of
prohibited conduct is alike in severity. Therefore, the college reserves the
right to consider a range of reasonable sanctions. This range includes, but is
not limited to, a formal warning, receiving a reprimand in the course of
employment, mandatory training, behavioral contracts, administrative referrals,
community service, loss of privilege, disciplinary probation, removal from a
course, restitution, facility suspension/expulsion, banishment from college
property, revocation of admission, revocation of degree, suspension, expulsion,
employment demotion and/or termination of employment.
Where a respondent is found to have engaged in
sexual assault, dating violence, domestic violence (regardless of whether based
on sex), or stalking (regardless of whether based on sex), the sanction will
generally result in either suspension or permanent removal from the
college.
A respondent's prior disciplinary record
will be taken into consideration in assigning sanctions. More than one sanction
may be imposed for any single violation. Any sanction imposed will be in effect
on all college-owned or - controlled property, and at all events or functions
sponsored by or under the supervision of the college, unless otherwise provided
in the written decision.
(14) Remedies
Where a determination of responsibility for
prohibited conduct is made, the college will provide remedies to a complainant
designed to restore or preserve equal access to the college's education
program or activity, including employment. Such remedies may include the same
individualized services provided as supportive measures; however, remedies need
not be non-disciplinary or non-punitive and need not avoid burdening the
respondent. The Title IX coordinator is responsible for effective
implementation of remedies.
Where the final determination has indicated
that remedies will be provided, the complainant can then communicate separately
with the Title IX coordinator, or designee, to discuss what remedies are
appropriately designed to preserve or restore the complainant's equal
access to education. Remedies for a complainant which do not affect the
respondent must not be disclosed to the respondent.
(O) Appeals
Any party may appeal the determination regarding
responsibility, or the college's dismissal of a formal complaint or any
allegations therein. The parties will have a reasonable, equal opportunity to
submit a written statement in support of, or challenging, the outcome.
The appeal must be made in writing to the Title
IX coordinator within five calendar days of the written notice of the outcome.
The appeal must identify the grounds for appeal and must contain information in
support of such grounds. The college will notify the other party in writing
when an appeal is filed and provide access to the appeal. The non-appealing
party may submit a written response within five calendar days of receiving
access to the appeal from the Title IX coordinator.
The only appropriate grounds for appeal
are:
(1) Procedural
irregularity that affected 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 could affect the outcome of the matter,
and;
(3) The Title IX
coordinator, investigators, or hearing officer had a conflict of interest or
bias for or against complainants or respondents generally or the individual
complainant or respondent that affected the outcome of the matter.
Disagreement with the results, by itself, is not
sufficient grounds for an appeal. All grounds for appeal will be available to
all parties.
The Title IX coordinator shall appoint a trained
appeals officer to issue a written decision describing the result of the appeal
and the rationale for the result and provide the written decision
simultaneously to the parties. The appeals officer will not be the Title IX
coordinator, or designee, who coordinated the case, the investigator(s) who
investigated the case or the hearing officer who reached a decision in the
case. The appeals officer is typically an administrator of the college.
The appeals officer shall issue a written
decision within ten business days of receiving the appeal(s) and response(s)
from the Title IX coordinator. Extensions may be granted by the Title IX
coordinator for good cause and with written notice provided to the parties,
including the reason for the extension. The appeals officer's decision
will include the result of the appeal and the rationale for the result. The
decision will be provided simultaneously to the parties and is final and
binding on the parties.
(P) Training, impartiality and
bias
The Title IX coordinator, investigator(s),
hearing officer(s), appeals officer(s), and facilitator of informal resolution
for each case must be trained as required pursuant to the Title IX regulations
and, if applicable, pursuant to the Clery Act regulations.
Such individuals must not have a conflict of
interest or bias for or against complainants or respondents generally, or for
or against an individual complainant or respondent. An individual's
current job title, professional qualifications, past experience, identity, or
sex shall not automatically indicate bias. The Title IX coordinator will apply
an objective, common sense approach to evaluating whether a particular person
serving in a Title IX role is biased and will exercise caution not to apply
generalizations that might unreasonably conclude that bias exists.
(Q) Retaliation
Retaliation is strictly prohibited and takes the
following forms:
(1) Intimidating,
threatening, coercing, or discriminating against any individual for the purpose
of interfering with any right or privilege secured by these procedures or by
Title IX and its implementing regulations;
(2) Intimidating,
threatening, coercing, or discriminating against any individual because the
individual has made a report or complaint, testified, assisted, participated,
or refused to participate in any manner in an investigation, proceeding, or
hearing under these procedures or under Title IX and its implementing
regulations; and
(3) Pursuing charges
against an individual for code of conduct or disciplinary violations that do
not involve sex discrimination or sexual harassment, but arise out of the same
facts or circumstances as a report or complaint of sex discrimination or a
report or formal complaint of sexual harassment, for the purpose of interfering
with any right or privilege secured by this rule or under Title IX and its
implementing regulations.
The exercise of rights protected under the First
Amendment does not constitute retaliation. Charging an individual with a code
of conduct or disciplinary violation for making a materially false statement in
bad faith in the course of any portion of this rule does not constitute
retaliation. A determination regarding responsibility alone is not sufficient
to conclude that any party made a materially false statement in bad
faith.
An allegation of retaliation as defined in this
rule will be addressed by the Title IX coordinator.
(R) Record-keeping
The Title IX coordinator shall ensure that the
college maintains the following records for a period of seven years after a
case file is closed:
(1) Records of each
investigation regarding sexual harassment, including any determination
regarding responsibility and any audio or audiovisual recording or transcript
of the hearing, any disciplinary sanctions imposed on the respondent, and any
remedies provided to the complainant designed to restore or preserve equal
access to the college's education program or activity;
(2) Any appeal of a
decision regarding sexual harassment and the result therefrom;
(3) Any informal
resolution of a formal complaint regarding allegations of sexual harassment and
the result therefrom;
(4) All materials used to
train the Title IX coordinator, investigators, decision-makers and any person
who facilitates informal resolutions. Such materials shall be made available on
the college's website;
(5) Information regarding
the college's response to any reports of sexual harassment that may meet
the hearing eligibility requirements, including any supportive measures
provided by the college. The college's documentation must include the
basis of its conclusion that its response was not deliberately indifferent, as
well as documentation that measures were designed to restore or preserve equal
access to the college's education program or activity;
(6) If the college does
not provide a complainant with supportive measures in a case involving
allegations of sexual harassment, then the college must document the reasons
why such a response was not clearly unreasonable in light of the known
circumstances.
(S) Disability
accommodations
This rule does not alter any institutional
obligations under federal disability laws, including the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973.
Parties may request reasonable accommodations for disclosed disabilities to the
Title IX coordinator at any point before or during this rule that do not
fundamentally alter the process. The Title IX coordinator may consult with the
director of disability services or with the college's ADA coordinator when
considering a request for accommodations. The Title IX coordinator will not
affirmatively provide disability accommodations that have not been specifically
requested by the parties, even when the parties may be receiving accommodations
in other institutional programs and activities.
(T) Academic freedom/First Amendment
guidelines
The college is committed to providing a safe,
anti-harassing, and nondiscriminatory environment that protects the civil
rights of individuals. The college also recognizes academic freedom and the
constitutional protections of the First Amendment.
This rule is not intended to restrict serious
discussion of relevant controversial issues in a training or academic
situation. In order to prevent claims that course or training content is
discriminatory, harassing, or offensive, it is highly recommended that
participants in such discussions are provided with a disclosure that the
content may be controversial.
(U) Education programs
The college offers education programs to promote
the awareness of prohibited conduct. These programs include prevention and
awareness.
