Sex Discrimination and Sex-Based Harassment for Students & Employees Procedures

Policies and Procedures
Sex Discrimination and Sex-Based Harassment for Students & Employees Procedures

Sex Discrimination and Sex-Based Harassment for Students & Employees Procedures

Overview of Procedure

The College will act on any Notice, Complaint, or Knowledge of a potential violation of the Sex Discrimination and Sex-Based Harassment Policy (“the Policy”) that is received by the Title IX Coordinator or any other Mandated Reporter by applying the Resolution Process below.

The procedures below apply to all allegations of prohibited conduct under this Policy. Unionized/other categorized employees are subject to the terms of their agreements/employees’ rights to the extent those agreements do not conflict with federal or state compliance obligations.

Notice and Complaint

Upon receipt of Notice, a Complaint, or Knowledge of prohibited conduct, the Title IX Coordinator will initiate a prompt initial evaluation to determine the College’s next steps. The Title IX Coordinator will contact the Complainant/source of the Notice to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

A. Supportive Measures

The College will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of prohibited conduct. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all Parties and/or the College’s educational environment and/or to deter discrimination, harassment, and/or retaliation.

Supportive Measures may be provided even when no Complaint has been filed. Supportive Measures may vary depending on what resources are reasonably available. Supportive Measures must not unreasonably burden any party, and the Supportive Measures may conclude or continue after conclusion of the Grievance Procedures or informal resolution, as appropriate.

Examples of possible Supportive Measures include:

Counseling
Extensions of deadlines and other course-related adjustments without fundamental alterations
Campus escort services
Increased security and monitoring of certain areas of campus
Mutual restrictions on contact applied parties (no-contact orders)
Leaves of absence
Changes in class, work, housing, extracurricular, or any other activity, regardless of whether there is a comparable alternative
Training and education programs related to sex-based harassment
Altering work arrangements for employees or student-employees
Safety planning
Student financial aid counseling
Visa and immigration assistance
Any other actions deemed appropriate by the Title IX Coordinator.

Violations of mutual no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.

B. Modification or Reversal of Supportive Measures

The Title IX Coordinator will work with the individual in arranging for Supportive Measures, as appropriate. The College will not disclose information about any Supportive Measure(s) to persons other than the individual(s) to whom they apply, unless necessary to provide the Supportive Measure(s) or restore or preserve access to the College’s education program or activity or if any legal exception applies.

If an individual wishes to seek a modification or reversal of the Title IX Coordinators decision to provide, deny, modify, or terminate any Supportive Measure(s) applicable to them, they may do so by informing the Title IX Coordinator of this request. Individuals also may seek additional modification or termination of any Supportive Measure(s) applicable to them due to materially changed circumstances by informing the Title IX Coordinator of this request.

The Title IX Coordinator will refer any such request to an impartial, trained employee with the authority to modify or reverse the Title IX Coordinator decision on such Supportive Measures, if the impartial employee determines that the Title IX Coordinators decision was inconsistent with the definition of Supportive Measures in this Policy. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee other than the Title IX Coordinator who implemented the supportive measures, who has the authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the Supportive Measures if they are inconsistent with the definition of Supportive Measures.

Impartial employees designated to hear Supportive Measure Modifications or Reversals may be, but are not limited to, the following administrators:

Students: Dean of Studies
Staff: Director of Benefits
Faculty: Provost and Dean of Faculty

The College will typically render a decision on supportive measures modifications or reversals within seven (7) business days of receiving a request and provide a written determination to the impacted party(ies) and the Title IX Coordinator who implemented the supportive measures.

Individuals with disabilities who need reasonable accommodations for such disabilities under this Policy and the Grievance Procedures are advised to contact the Title IX Coordinator, who may work with Disability Services for students and the Director of Staff Development for employees to provide any reasonable disability accommodations.

¹⁰ Anywhere this procedure indicates “Title IX Coordinator,” the College may substitute a trained designee.

Initial Evaluation

The Title IX Coordinator conducts an initial evaluation typically within seven (7) business days of receiving Notice/Complaint/Knowledge of alleged prohibited conduct. The initial evaluation typically includes:

Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
- If the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process, if applicable.
Determining whether the College has jurisdiction over the reported conduct, as defined in the Policy.
- If the conduct is not within the College’s jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate College office for resolution.
Offering and coordinating Supportive Measures for the Complainant.
Offering and coordinating Supportive Measures for the Respondent, as applicable.
Notifying the Complainant, or the person who reported the allegation(s), of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below.
Determining whether the Complainant wishes to make a Complaint.
Notifying the Respondent of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below, if a Complaint is made.

Title IX Coordinators Authority to Initiate a Complaint

If the Complainant does not wish to file or proceed with a Complaint, the Title IX Coordinator, who has ultimate discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Title IX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone's safety or if the College cannot ensure equal access without initiating a Complaint. The Title IX Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:

The Complainant’s request not to initiate a Complaint.
The Complainant’s reasonable safety concerns regarding initiating a Complaint.
The risk that additional acts of discrimination would occur if a Complaint is not initiated.
The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence.
The age and relationship of the Parties, including whether the Respondent is a College employee.
The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals.
The availability of evidence to assist a Decision-maker in determining whether discrimination occurred.
Whether the College could end the alleged discrimination and prevent its recurrence without initiating its resolution process.
Where a group of students or an organization is involved as the Respondent to the allegations.

If deemed necessary, the Title IX Coordinator may consult with appropriate College employees, and/or conduct a violence risk assessment to aid their determination whether to initiate a Complaint.

When the Title IX Coordinator initiates a Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this Policy. However, the Title IX Coordinator will inform the Complainant of their initiation of a complaint prior to an NOIA going out to the parties.

¹¹ If circumstances require, the President or Associate Vice President of Human Resources will designate another person to oversee the Resolution Process should an allegation of prohibited conduct be made about the Title IX Coordinator or the Associate Vice President of Human Resources, or if they are otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

Dismissal

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

The College is unable to identify the Respondent after taking reasonable steps to do so
The College no longer enrolls or employs the Respondent
A Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the Title IX Coordinator declines to initiate a Complaint
The College determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven

A Decision-maker can recommend dismissal to the Title IX Coordinator, if they believe the grounds are met. A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it.

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

This dismissal decision is appealable by any party.

Appeal of Dismissal

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

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

Throughout the dismissal appeal process, the College will:

Implement dismissal appeal procedures equally for the Parties;
Assign a trained Dismissal Appeal Officer who did not take part in an investigation of the allegations or dismissal of the Complaint;
Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal; and
Notify the Parties of the result of the appeal and the rationale for the result.

The grounds for dismissal appeals are limited to:

Procedural irregularity that would change the outcome;
New evidence that would change the outcome and that was not reasonably available when the dismissal was decided;
The Title IX Coordinator, Investigator, or Decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

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

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

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

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

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

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

Emergency Removal

The College may emergency remove a student accused of Sex Discrimination or Sex-based Harassment upon receipt of Notice/Knowledge, a Complaint, or at any time during the resolution process. Prior to an emergency removal, the College will conduct an individualized risk assessment and may remove the student if that assessment determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies such action. Students accused of other forms of discrimination (not sex) are subject to interim suspension, which can be imposed for safety reasons.

When an emergency removal is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal will be deemed waived. A student can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review.

An emergency removal may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within three (3) business days of the review meeting.

An Individualized Risk Assessment is not an evaluation for an involuntary behavioral health hospitalization (Section 12 in Massachusetts), nor is it a psychological or mental health assessment.

Placing an Employee on Leave

When the Respondent is an employee, or a student employee accused of prohibited conduct in the course of their employment, for interim action are typically applicable instead of the above emergency removal process. Procedures for unionized employees can be found within their respective Collective Bargaining Agreements.

Counter-Complaints

The College is obligated to ensure that the resolution process is not abused for retaliatory purposes. Although the College permits the filing of Counter-Complaints, the Title IX Coordinator will use an initial evaluation, described above, to assess whether the allegations in the Counter-Complaint are made in good faith. When Counter-Complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a violation of the Policy.

Counter-Complaints determined to have been reported in good faith will be processed using the Resolution Process below. At the Title IX Coordinators discretion, investigation of such claims may take place concurrently or after resolution of the underlying initial Complaint.

Advisors in a Resolution Process

A. Who Can Serve as an Advisor?

The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews, and hearings within the Resolution Process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.

The Title IX Coordinator will offer to assign a trained Advisor to any party if the party chooses. If the Parties choose an Advisor from the pool available from the College, the College will have trained the Advisor and familiarize them with the College’s Resolution Process.

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

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

The College may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.

If a party requests that all communication be made through their attorney Advisor instead of to the party, the College will agree to copy both the party and their Advisor on all communications.

Advisors appointed by the institution cannot be Confidential Employees, and although they will not be asked to disclose details of their interactions with their advisees to institutional officials or Decision-makers absent an emergency, they are still reminded of their Mandated Reporter responsibilities.

The College fully respects and accords the Weingarten rights of employees, meaning that 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 Resolution Process interviews or meetings.

B. Advisor’s Role in the Resolution Process

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

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

C. Records Shared with Advisors

Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence.

Advisors are expected to maintain the confidentiality of the records the College shares with them, Section 4 of the Policy addressing Confidentiality. Advisors may not disclose any of the College work product or evidence the College obtained solely through the Resolution Process for any purpose not explicitly authorized by the College.

Accordingly, Advisors may be asked to sign Non-Disclosure Agreements (NDAs). The College may decline to share materials with any Advisor who has not executed the NDA. The College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s confidentiality expectations.

D. Advisor Expectations

The College generally expects an Advisor to adjust their schedule to allow them to attend the College meetings/interviews/hearings when planned, but the College may change scheduled meetings/interviews/hearings 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 be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies.

All Advisors are subject to the same College policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by the College. Advisors are expected to advise their advisees without disrupting proceedings.

E. Advisor Policy Violations

Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with the College’s established rules of decorum, will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including the College requiring the party to use a different Advisor or providing a different College-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

Resolution Processes Overview

This Resolution Process, consisting of Informal Resolution or Hearing Resolution is the College’s chosen approach to addressing all forms of sex discrimination and sex-based harassment on the basis of protected characteristics and retaliation. The process considers the Parties’ preferences but is ultimately determined at the Title IX Coordinator’s discretion.

Resolution proceedings are confidential. All individuals present at any time during the Resolution Process are expected to maintain the confidentiality of the proceedings in accordance with College Policy.

Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request in writing to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the Parties, in writing. The College will obtain voluntary, written confirmation in the form of an NOIA, as described below, that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution.

Before initiation of an Informal Resolution process, College will provide the Parties with a NOIA that explains:

The allegations;
The requirements of the Informal Resolution process;
That, prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and to initiate or resume the College’s Resolution Process;
That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution process will preclude the Parties from initiating or resuming the resolution process arising from the same allegations;
The potential terms that may be requested or offered in an Informal Resolution agreement, including notification that an Informal Resolution agreement is binding only on the Parties; and
What information the College will maintain, and whether and how it could disclose such information for use in its Resolution Process.

The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker.

It is not necessary to pursue Informal Resolution first in order to pursue a Hearing Resolution Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Hearing Resolution Process.

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Hearing Process, should Informal Resolution not be successful, unless previously agreed to by all Parties.

If an investigation is already underway, the Title IX Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

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

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

The Parties’ amenability to Informal Resolution
Likelihood of potential resolution, considering any power dynamics between the Parties
The nature and severity of the alleged misconduct
The Parties’ motivation to participate
Civility of the Parties
Results of a violence risk assessment/ongoing risk analysis
Respondent’s disciplinary history
Whether an emergency removal or other interim action is needed
Skill of the Informal Resolution facilitator with this type of Complaint
Complaint complexity
Emotional investment/capability of the Parties
Rationality of the Parties
Goals of the Parties
Adequate resources to invest in Informal Resolution (e.g., time, staff, etc.)

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

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

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the Agreement and resumption of the Resolution Process, referral to the relevant conduct process for failure to comply, application of the enforcement terms of the Agreement, etc.). The results of Complaints resolved by Informal Resolution are not appealable.

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

Hearing Resolution

A. Notice of Allegations and Investigation (NOIA)

Prior to an investigation, the Title IX Coordinator will provide the Parties with a detailed written NOIA. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA typically includes:

A meaningful summary of all allegations
The identity of the involved Parties (if known)
The precise prohibited conduct being alleged
The date and location of the alleged incident(s) (if known)
The specific policies/offenses implicated
A description of, link to, or copy of the applicable procedures
A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
The name(s) of the Investigator(s), along with a process to identify to the Title IX Coordinator, in advance of the interview process, any conflict of interest that the Investigator(s) may have
A statement that the College presumes the Respondent is not responsible for the reported prohibited conduct unless and until the evidence supports a different determination
A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all relevant and not otherwise impermissible evidence
A statement that retaliation is prohibited
Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share the College’s work product obtained through the Resolution Process
A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the Resolution Process
A statement informing the Parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process
Detail on how a party may request disability accommodations during the Resolution Process
A link to the College’s VAWA Brochure
An instruction to preserve any evidence that is relevant to the allegations
A statement that Parties who are members of a union are entitled to union representation throughout the process

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the Parties as indicated in official College records, or emailed to the Parties’ College-issued email or designated accounts. Once electronically sent, the notification will be presumptively delivered.

B. Investigation

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

The College recognizes the interests of all persons involved to have the investigation process completed in the most expeditious manner possible; however, the College expressly states that it must balance this interest with the need to ensure that a thorough investigation, full participation, and adequate response time are afforded all parties.

The Title IX Coordinator will introduce the parties to the investigator via email. From that point on, the Title IX Coordinator will oversee the timing of the investigation, but all meetings and evidence gathering will be the responsibility of the investigator. The investigator will meet with the parties individually, as well as any relevant witnesses.

The investigator will interview the parties and any witnesses likely to have information directly related to the formal complaint. The investigator also will gather other related information or evidence, including documents, photographs, communications between the parties, medical records (subject to the consent of the applicable person), and other electronic records as appropriate.

It is standard practice for investigators to create a record of all interviews pertaining to the Resolution Process (other than Informal Resolution meetings). The Parties may review copies of their own interviews, upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings. If an Investigator(s) elects to audio and/or video record interviews, all involved individuals will be made aware of audio and/or video recording.

All interviews are recorded. The recording and/or transcript of those meetings will be provided to the Parties for their review, after which the Parties may pose additional questions to each other. Those subsequent meetings or interviews are also recorded and/or transcribed and shared with the Parties.

At the conclusion of the investigation, the Complainant and the Respondent will have the opportunity to review and respond to all information gathered in the investigation that is directly related to the allegations, including information shared by the Complainant or the Respondent during their interviews or through evidence either provides. This review will be in the form of an Investigative Report produced by the investigator. The Title IX Coordinator will also receive a copy of the final report.

The College aims to complete all investigations within sixty (60) business days of the parties receiving the NOIA. Once the investigation report is produced for inspection and review, the parties will have ten (10) business days to review the evidence and report and provide comment to the Title IX Coordinator.

C. Live Hearing Requirements

Hearing Venue Options and Recordings. The live hearing may occur in person or via video technology. The Decision-maker and Parties must be able to simultaneously see and hear a party or witness while that person is speaking. Both options are considered fair and equitable. Alternative arrangements may also be made at the Title IX Coordinators discretion.
- The Parties may make a request to the Title IX Coordinator that the hearing occur in person or via video technology, but they must do so at least three (3) business days prior to the hearing. The Title IX Coordinator retains discretion to determine whether the hearing will occur in person or via video technology.
- All hearings will be recorded, and Parties may request a copy of the recording from the Title IX Coordinator following the live hearing.
- No unauthorized recordings are permitted.
Decision Maker. The decision maker in the live hearings will be a panel made up of three individuals who may consist of members of the resolution pool, or other trained internal or external individuals.
Hearing Participants. Persons who may be present for a hearing include the Decision-maker(s), hearing facilitator, Investigator(s), the Parties and their Advisors, anyone providing authorized accommodations, interpretation, and/or assistive services, and anyone else deemed necessary by the Decision-maker. Witnesses are present only during their portion of the testimony.
Advisors. The Parties may have the assistance of an Advisor of their choosing at the hearing or can request that the College appoint a trained Advisor for them. Appointed Advisors are not attorneys. If a party wishes to have an attorney as their Advisor, they must locate and pay for that attorney themselves.
- During the pre-hearing meeting and live hearing, Parties may only be accompanied by their Advisor. No other persons (e.g., additional support persons, advisors, friends, family) may accompany, attend, or listen in on the hearing unless explicitly authorized by the Title IX Coordinator, with each party being provided the same opportunity.
- Parties and Advisors are permitted to have their phones and a laptop or tablet, but these should only be used during the hearing in a matter consistent with Policy.
- All questions during the hearing will be asked by the Decision-maker. Parties and Advisors may suggest questions to be posed by the Decision-maker during the pre-hearing meetings or by submission of written questions during the hearing. The method of submitting questions to the Decision-maker will be specified by the Decision-maker during the pre-hearing meetings.
Impact Statements. Each party may submit an impact and/or mitigation statement to the Title IX Coordinator that the sanctioning body will review during any sanction determination.
- Upon receipt of an impact and/or mitigation statement, the Title IX Coordinator will review the impact/mitigation statement to determine whether any immediate needs exist.
- The Title IX Coordinator will only provide the impact statements to the sanctioning body if the Decision-maker determines that the Policy has been violated. When the Title IX Coordinator shares the impact statements with the sanctioning body, they will also be shared with the Parties.
Disability Accommodations and Other Assistance. Parties should contact the Title IX Coordinator at least three (3) business days prior to the hearing to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, if possible.
Conflicts of Interest or Bias. The Decision-maker must not have a bias for or against complainants or respondents generally or the individual Complainant or Respondent in particular.
- The Decision-maker must recuse themselves if such bias or conflict of interest exists.
- If the Decision-maker believes there is possible conflict of interest or bias, they will consult with the Title IX Coordinator about possible recusal or removal.
- The Parties may raise challenges that the Decision-maker is biased or has a conflict of interest. The Parties must raise challenges with the Title IX Coordinator within two (2) business days of receiving the hearing notice.
- The Title IX Coordinator will only remove and replace a Decision-maker in situations of demonstrated bias or conflicts of interest. Perceptions of bias or conflict are not sufficient to cause removal.
- If a Decision-maker recuses themselves as the result of a conflict of interest or bias, or is removed, the Title IX Coordinator will promptly appoint a new Decision-maker who does not have a conflict of interest or bias and notify the Parties accordingly.
Evidence Provided to Decision-maker and Parties.
- The Decision-maker will be provided electronic copies of the Final Investigation Report and all relevant but permissible evidence, including the names of all Parties, witnesses, and Advisors, at least seven (7) business days in advance of the hearing.
- The Parties will be provided with electronic copies of all the materials provided to the Decision-maker as part of the hearing notice, unless those materials have already been provided.

D. Hearing Notice

The Title IX Coordinator will send the Parties a Notice of Hearing with sufficient time for the Parties to prepare for the hearing, typically at least seven (7) business days prior to the hearing. Once sent electronically, notice will be presumptively delivered. The hearing notice includes:

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

E. Witness Participation

Student witnesses are encouraged to participate in, and make themselves reasonably available for, the hearing. Employee witnesses are expected to participate in, and make themselves reasonably available for, the hearing. Witnesses may participate in-person or via video technology that allows the Decision-maker and the Parties to see and hear the witness while that person is speaking. Witnesses are not permitted to be accompanied by an advisor without express permission of the Title IX Coordinator. At the discretion of the Decision-maker, a witness may join by phone if no other reasonable alternative is available.

If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Title IX Coordinator may reschedule the hearing.

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

The Title IX Coordinator will notify all witnesses of their requested participation in the hearing at least five (5) business days prior to the hearing. Witnesses will be present for the hearing only during their testimony.

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless:

All Parties and the Decision-maker assent to the new witness’s participation in the hearing without remanding the complaint back to the investigator, and
The Decision-maker deems the evidence presented by the new witness to be relevant, not impermissible, and not information already established in the record, and
The witness’s late involvement was not the result of bad faith by the witness, the Parties, or others.

If the above criteria are not met, but the witness’s evidence is deemed relevant, not impermissible, and not duplicative, the Decision-maker may, at their discretion, engage in any of the following actions:

Delay the hearing.
Provide the Parties at least five (5) business days to review and respond in writing to the relevant portions of the new witness’s statements, if such statements are submitted.
Remand the Complaint back to the Investigator for further investigation or verification.
Allow the Parties to review and comment on the testimony of the new witness.
If the evidence is deemed not relevant or impermissible, the Decision-maker may proceed with the hearing absent the new witness’s participation.

F. Pre-Hearing Meetings

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

However, this advance review opportunity does not preclude the Parties from submitting a question at the hearing for the first time or asking for a reconsideration on a Decision-maker’s pre-hearing decision based on any new information or testimony offered at the hearing. The Decision-maker will document and share their rationale for any evidence or question exclusion or inclusion, if any, at a pre-hearing meeting with each party.

The Decision-maker will work with the Parties to finalize a witness list for the hearing, and the Title IX Coordinator will notify any witnesses of the hearing’s logistics. The Decision-maker, only with the agreement of all Parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the Final Investigation Report or during the hearing, and their presence is not essential to assess their credibility.

Pre-hearing meeting(s) will not be recorded. The pre-hearing meetings will typically be conducted as separate meetings with each party/Advisor, and can be done remotely, or as a written communication exchange. The Decision-maker will work with the Parties to establish the format and timing of the meetings and will circulate a summary of any rulings made to ensure all Parties and Advisors are aware.

G. Evidentiary Considerations

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

The new relevant evidence will be admitted to the record if:

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

If the above criteria are not met, but the evidence is deemed materially relevant and not duplicative or otherwise impermissible, the Decision-maker may, at their discretion, engage in any of the following actions:

Delay the hearing.
Provide the Parties with at least five (5) business days to review the relevant evidence.
Remand the Complaint back to the Investigator for further investigation or analysis.
Allow the Parties to review and comment on the new evidence.

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

H. Collateral Misconduct

The Decision-maker has the authority to hear and make determinations on all allegations of prohibited conduct under the Policy and may also hear and make determinations on any additional alleged collateral misconduct that occurred in concert with the prohibited conduct, even though those collateral allegations may not specifically fall within this Policy.

I. Joint Hearings

In Complaints involving more than one Respondent and/or involving more than one Complainant accusing the same person of substantially similar conduct, the default procedure will be to hear the allegations jointly.

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

J. Introductions and Hearing Procedure Explanation

At the beginning of the hearing, the Decision-maker will explain the hearing procedures and introduce the participants. The Decision-maker will answer any procedural questions prior to and as they arise throughout the hearing.

K. Investigator Presentation of Final Investigative Report

The Investigator(s) will present a summary of the Final Investigation Report, including a review of the facts that are contested and those that are not. The Investigator may be questioned first by the Decision-maker and then by the Parties via questions that they have submitted to the Decision-maker. The Investigator may attend the duration of the hearing or be excused after their testimony at the Decision-maker’s discretion.

L. Testimony, Questioning, and Deliberation

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

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

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

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

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

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

The Decision-maker will allow witnesses who have relevant and permissible information to appear at a portion of the hearing to respond to specific questions from the Decision-maker and the Parties, and the witnesses will then be excused.

At the conclusion of the Decision-makers questioning, the parties will each be allowed to provide a closing statement to the Decision-maker. This statement does not need to be submitted prior to the hearing and is meant as a summary of the experience and final comments.

At the close of the hearing, the Decision Makers will deliberate over the allegations and information received, and will render a determination within seven (7) business days of the close of the hearing. The determination will be made by the group and will be based on the preponderance of the evidence presented.

M. Refusal to Submit to Questioning and Inferences

Any party or student witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. Employee witnesses are required to participate in the hearing if they are reasonably available. The Decision-maker may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer any or all questions.

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

N. Hearing Recordings

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

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

¹² Hard-copy materials may be provided upon request to the Title IX Coordinator. The Final Investigation Report and relevant and not otherwise impermissible evidence may be sharing using electronic means that preclude downloading, forwarding, or otherwise sharing.

¹³ Students will be asked to consent to a joint hearing prior to one being assigned. Students will also have to submit a FERPA waiver for a joint hearing to take place.

Resolution Process Pool

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

A. Pool Member Roles

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

Appropriate intake of and initial guidance pertaining to Complaints

Advisor to Parties
Informal Resolution Facilitator
Perform or assist with initial evaluation
Investigator
Hearing Facilitator
Decision-maker for challenges to emergency removal and supportive measures
Decision-maker
Appeal of Dismissal Decision-maker
Appeal Decision-maker

B. Pool Member Appointment

The Title IX Coordinator, in consultation with other College administrators as necessary, appoints the Pool, which acts with independence and impartiality. Although members of the Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different Complaints, the College can also designate permanent roles for individuals in the Pool.

C. Training for Pool Members

See Appendix B for details of training for Pool Members.

Resolution Timeline

The College is committed to responding promptly and effectively to conduct that may constitute Prohibited Conduct in its education program and activity.

The College applies the following general timeframes to the major stages of the Grievance Procedures, excluding any extension(s) of time for good cause:

Evaluation: The Title IX Coordinator will conduct the Initial Evaluation within seven (7) business days of receiving Notice/Knowledge/Complaint of the alleged prohibited conduct.
Investigation: The College aims to complete all investigations within sixty (60) business days of the parties receiving the NOIA. Once the investigation report is produced for inspection and review, the parties will have ten (10) business days to review the evidence and report and provide comment to the Title IX Coordinator.
Hearing: The College aims to conduct the Hearing within ten (10) business days of receiving the comment by the parties to the Title IX Coordinator.
Determination: Written notice of the Decision Makers determination will be provided to the parties within seven (7) business days of the close of the Hearing.
Appeal: Any party may submit a written request for appeal to the Title IX Coordinator within five (5) business days of the delivery of the Notice of Outcome.

Reasonable extension(s) of these timeframes may occur on a case-by-case basis for good cause and may be requested by any party. If an extension is granted, the parties will be provided with written notice that includes the reason for any delay. The Title IX Coordinator has discretion over all decisions as to extensions of time.

Respondent Admits Responsibility

At any point in the proceedings, if a Respondent elects to admit to the charged violations and waive further process, the Decision-maker is authorized to accept that admission, adopt it as their finding/final determination, and administer sanctions. This would also waive all rights to appeal for the Respondent. If the Respondent rejects the finding/final determination/sanctions, or does not admit to all conduct charged, the Resolution Process continues to its conclusion.

If a Respondent withdraws or resigns from the College, the College has the right to continue the process regardless of their participation. The below categories describe steps that are taken depending on the status of the Respondent at the College.

A. Students

Should a student Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If a student Respondent withdraws from the College, the Resolution Process may continue, or Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, College will still provide reasonable supportive or remedial measures as deemed 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, 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 discrimination, harassment, and/or retaliation.

When a student withdraws or leaves while the process is pending, the student may not return to the College in any capacity until the Complaint is resolved and any sanctions imposed are satisfied. If the student indicates they will not return, the Title IX Coordinator has discretion to dismiss the Complaint. The Registrar and Office of Admissions will be notified, accordingly.

If the student Respondent takes a leave for a specified period of time (e.g., one semester or term), the Resolution Process may continue remotely. 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 Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If an employee Respondent withdraws, resigns, or changes employment status from the College with unresolved allegations pending, the Resolution Process may continue, or Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the College may still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged discrimination, harassment, and/or retaliation.

When an employee resigns and the Complaint is dismissed, the employee may not return to the College in any capacity. Human resources, the registrar, and admissions will be notified, accordingly, and a note will be placed in the employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with the College. The records retained by the Title IX Coordinator will reflect that status.

Sanctions

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

The nature, severity of, and circumstances surrounding the violation(s)
The Respondent’s disciplinary history
The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
The impact on the Parties
Any other information deemed relevant by the Decision-maker(s)

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

The sanctioning body may differ depending upon the status of the Respondent with the College.

For Students: Sanctioning will be done by the Director of Community Standards and Housing Operations.
For Staff: Sanctioning will be done by the Assistant Vice President of Employee and Labor Relations.
For Faculty: Sanctioning will take place via the procedures laid out in the Faculty Legislation.

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

Students

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

Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any College Policy, procedure, or directive will result in more severe sanctions/responsive actions.
Required Counseling: A mandate to meet with and engage in either College-sponsored or external counseling to better comprehend the prohibited conduct and its effects.
Restrictions: A student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or from holding leadership in student organizations.
Disciplinary Probation: An official sanction for violation of institutional Policy, providing for more severe disciplinary sanctions in the event that the student is found in violation of any institutional Policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate which may include but is not limited to housing probation.
Suspension: Separation from the institution, or one or more of its facilities, for a definite period of time, typically not to exceed two years, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the student is eligible to return if the institution determines it is appropriate to re-enroll/readmit the student. The student is typically required to vacate institutional property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Title IX Coordinator or other appropriate official. During an institution-wide suspension, the student is banned from institutional property, functions, events, and activities unless they receive prior written approval from an appropriate institutional official. This sanction may be enforced with a trespass action, as necessary. This sanction may be noted as a Disciplinary Suspension on the student’s official academic transcript, per institutional policy and/or state law.
Expulsion: Permanent separation from the institution. The student is banned from institutional property, and the student’s presence at any institution-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary. This sanction may be noted as Disciplinary Expulsion on the student’s official academic transcript, per institutional policy and/or state law.
Withholding Diploma: The College may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for violating Policy.
Revocation of Degree: While very rarely employed, the College reserves the right to revoke a degree previously awarded from the College for fraud, misrepresentation, and/or other violation of College policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate.

B. Student Groups and Student Organizations

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

Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College Policy, procedure, or directive will result in more severe sanctions/responsive actions.
Disciplinary Probation: An official sanction for violation of institutional Policy, providing for more severe disciplinary sanctions in the event that the group or organization is found in violation of any institutional Policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social and event privileges, denial of College funds, ineligibility for honors and awards, restrictions on new member recruitment, no-contact orders, and/or other measures deemed appropriate.
Suspension: Termination of student group or organization recognition and/or institutional support for a definite period of time not to exceed two years and/or until specific criteria are met. During the suspension period, a student group or organization may not conduct any formal or informal business or participate in College-related activities, whether they occur on- or off-campus. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the College.
Expulsion: Permanent termination of student group organization recognition and revocation of the privilege to congregate and conduct business on campus as an organization for any reason.
Loss of Privileges: Restricted from accessing specific College privileges for a specified period of time.
Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.

C. Staff

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

Written Warning
Performance Improvement Plan/Management Process
Enhanced Supervision, Observation, or Review
Required Counseling
Required Training or Education
Probation
Denial of Pay Increase/Pay Grade
Loss of Oversight or Supervisory Responsibility
Demotion
Transfer
Shift or schedule adjustments
Reassignment
Delay of (or referral for delay of) Tenure Track Progress
Assignment to New Supervisor
Restriction of Stipends, Research, and/or Professional Development Resources
Suspension/Administrative Leave with Pay
Suspension/Administrative Leave without Pay
Termination
Other Actions: In addition to or in place of the above sanctions/responsive actions, the College may assign any other responsive actions as deemed appropriate.

D. Faculty

Faculty sanctioning falls within the jurisdiction of the Faculty Legislation and will be referred to for same.

Notice of Outcome

Within seven (7) business days of the conclusion of the Resolution Process, the Title IX Coordinator provides the Parties with a written outcome notification. The outcome notification will specify the finding for each alleged Policy violation, any applicable sanctions that the College is permitted to share pursuant to state or federal law, remedies for the Complainant and College community, and a detailed rationale, written by the Decision-maker, supporting the findings to the extent the College is permitted to share under federal or state law, including the inclusion or exclusion of evidence.

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to take to request an appeal, and when the determination is considered final if neither party appeals.

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

Withdrawal or Resignation Before Complaint Resolution

A. Students

B. Staff

Should an employee Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If an employee Respondent withdraws, resigns, or changes their employment status from the College with unresolved allegations pending, the Resolution Process may continue, or Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the College may still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged discrimination, harassment, and/or retaliation.

C. Faculty

Faculty withdrawal or resignation prior to the resolution of a Complaint falls within the jurisdiction of the Faculty Legislation and will be referred to for same.

Appeal of the Determination

The Title IX Coordinator will designate a three-member Appeal Panel, or a single Appeal Decision-maker chosen from the Pool, or other trained internal or external individuals, to hear the appeal. No Appeal Decision-maker(s) will have been previously involved in the Resolution Process for the Complaint, including in any supportive measure or dismissal appeal that may have been heard earlier in the process. A voting Chair of the Appeal Panel will be designated by the Title IX Coordinator.

A. Appeal Grounds

Appeals are limited to the following grounds:

A procedural irregularity that would change the outcome;
New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made;
The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that would change the outcome;
The final determination by the Decision-maker is substantially contrary to the weight of the evidence in the record (applicable to sanctions of suspension, expulsion, or termination, only); or
The sanctions fall outside the range of sanctions designated for this offense, considering the cumulative conduct/disciplinary record of the Respondent (applicable to sanctions of suspension, expulsion, or termination, only).

B. Request for Appeal

Any party may submit a written request for appeal (“Request for Appeal”) to the Title IX Coordinator within five (5) business days of the delivery of the Notice of Outcome.

The Request for Appeal will be forwarded to the Appeal Decision-maker for consideration to determine if the request meets the grounds for appeal (a Review for Standing). This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Decision-maker will notify all Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker.

All other Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-maker will be provided a copy of the Request for Appeal with the approved grounds and then be given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Panel Chair or Decision-maker will forward all responses, if any, to all Parties for review and comment.

The non-appealing party (if any) may also choose to appeal at this time. If so, that Request for Appeal will be reviewed by the Appeal Decision-maker to determine if it meets the grounds in this Policy and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or original Decision-maker, as necessary, who will submit their responses, if any, within five (5) business days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties will be notified accordingly, in writing.

No party may submit any new Requests for Appeal after this time period. The Appeal Decision-maker will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Decision-maker(s), who will promptly render a decision.

C. Appeal Determination Process

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Decision-maker will deliberate as soon as is practicable and review the merits of the appeal.

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

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

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

D. Appeal Outcome

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the Title IX Coordinator (as in cases of bias), the Appeal Decision-maker may order a new investigation and/or a new determination with new Pool members serving in the Investigator and Decision-maker roles.

A Notice of Appeal Outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanction(s) that may result which the College is permitted to share according to federal or state law, and the rationale supporting the essential findings to the extent the College is permitted to share under federal or state law.

Written notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in official institutional records, or emailed to the Parties’ College-issued email or otherwise approved account. Once electronically sent, the Appeal Outcome will be presumptively delivered.

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

If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the five available appeal grounds.

E. Sanction Status During the Appeal

Any sanctions imposed as a result of the determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal procedures (detailed above) for a “show cause” meeting on the justification for doing so must be permitted within two (2) business days of implementation.

Long-Term Remedies

Following the conclusion of the Resolution Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or the College community that are intended to stop the discrimination, harassment, and/or retaliation, remedy the effects, and prevent recurrence.

These remedies/actions may include, but are not limited to:
Referral to counseling and health services
Referral to the Employee Assistance Program
Course and registration adjustments, such as retroactive withdrawals
Permanent alteration of housing assignments
Permanent alteration of work arrangements for employees
Provision of campus safety escorts
Climate surveys
Policy modification and/or training
Provision of transportation 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 Coordinator, certain long-term supportive measures may also be provided to the Parties even if no Policy violation is found.

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

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

Failure to Comply with Sanctions Responsive Actions and/or Informal Resolution

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

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the College.

The Title IX Coordinator will enforce the completion of sanctions/responsive actions for employees. A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator satisfaction.

Recordkeeping

For a period of at least seven (7) years following the conclusion of the Resolution Process, the College will maintain records of:

Each discrimination, harassment, and retaliation resolution process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation
Any disciplinary sanctions imposed on the Respondent
Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to the College’s education program or activity
Any appeal and the result therefrom
Any Informal Resolution and the result therefrom
All materials used to provide training to the Title IX Coordinator, Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitator, and any person who is responsible for implementing the College’s Resolution Process, or who has the authority to modify or terminate supportive measures. The College will make these training materials available for review upon request.
All materials used to train all employees consistent with the requirements in the Title IX Regulations.

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

Accommodations and Support During the Resolution Process

A. Disability Accommodations

The College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the College’s Resolution Processes.

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

B. Other Support

College will also address reasonable requests for support for the Parties and witnesses, including:

Language services/Interpreters
Access and training regarding use of technology throughout the Resolution Process

Other support as deemed reasonable and necessary to facilitate participation in the Resolution Processes

Revision of these Procedures

These procedures succeed any previous procedures addressing discrimination, harassment, and retaliation for incidents occurring on or after August 1, 2024. The Title IX Coordinator will regularly review and update these procedures. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

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

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

These procedures are effective August 1, 2024.

Appendix A: Definitions

The following definitions apply to the ŷ��AV Policy on Sex Discrimination and Sex-Based Harassment:

Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process.
Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the Policy on Sex Discrimination and Sex-Based Harassment. As used in these policies and procedures, the “Title IX Coordinator” also includes their designee(s).
Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the grounds for appeal are met, and directs responsive action(s), accordingly.
Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute discrimination, harassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment or under the Policy and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged discrimination, harassment or retaliation.
Complaint. An oral or written request to the College that can objectively be understood as a request for the College to investigate and make a determination about the alleged Policy violation(s).
Confidential Employee.
- An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
- An employee whom the College has designated as confidential under this Policy for the purpose of providing services to persons related to discrimination, harassment, or retaliation. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about discrimination, harassment, or retaliation in connection with providing those services; or
- An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about discrimination, harassment, or retaliation. The employee’s confidential status only applies with respect to information received while conducting the study.
Day. A business day when the the College is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
Decision-maker. The person or panel who hears evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.
Education Program or Activity. Locations, events, or circumstances where the College exercises substantial control over the context in which the discrimination, harassment, and/or retaliation occurs and also includes any building owned or controlled by a student organization that the College officially recognizes.
Employee.A person employed by the College either full- or part-time, including student employees when acting within the scope of their employment.
Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.
Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
Informal Resolution. A resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a Final Determination in the Resolution Process.
Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
Investigator. The person(s) authorized by the College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.
Knowledge. When the College receives Notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.
Mandated Reporter. A College employee who is obligated by Policy to share Knowledge, Notice, and/or reports of discrimination, harassment, and/or retaliation with the Title IX Coordinator.
Notice. When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of discriminatory, harassing, and/or retaliatory conduct.
Parties. The Complainant(s) and Respondent(s), collectively.
Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
Protected Characteristic. Any characteristic for which a person is afforded protection against discrimination and harassment by law or College Policy.
Relevant Evidence.Evidence that may aid a Decision-maker in determining whether the alleged discrimination, harassment, or retaliation occurred, or in determining the credibility of the Parties or witnesses.
Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to the College’s Education Program and Activity.
Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution and/or Hearing Resolution.
Respondent. A person who is alleged to have violated the College’s prohibition on sex discrimination or any other definition of prohibited conduct under this Policy.
Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.
Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Student. Any person who has gained admission.
Title IX Coordinator. At least one official designated by the College to ensure ultimate oversight of compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout the Policy may also encompass a designee of the Coordinator for specific tasks.

Appendix B: Training for the Resolution Process Pool Members

Resolution Process Pool members receive annual training related to their respective roles. This training may include, but is not limited to:

The scope of the College’s Policy on Sex Discrimination and Sex-based Harassment
The College’s Resolution Process
How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability
Implicit bias and confirmation bias
Treating Parties equitably
Disparate treatment
Disparate impact
Reporting, confidentiality, and privacy requirements
Applicable laws, regulations, and federal regulatory guidance
How to implement appropriate and situation-specific remedies
How to investigate in a thorough, reliable, timely, and impartial manner
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
How to render findings and generate clear, concise, evidence-based rationales
The definitions of all prohibited conduct
How to conduct an investigation and grievance process, including administrative resolutions, 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 at a live hearing
Issues of relevance of questions and evidence
Issues of relevance and creating an investigation report that fairly summarizes relevant and not impermissible evidence
How to determine appropriate sanctions in reference to all forms of harassment, discrimination, and/or retaliation allegations
Recordkeeping

Additional Training Elements Specific to Title IX

All investigators, Decision-makers, and other persons who are responsible for implementing College’s Title IX policies and procedures will receive training related to their duties under Title IX promptly upon hiring or change of position that alters their duties under Title IX or this part, and annually thereafter. Materials will not rely on sex stereotypes. Training topics include, but are not limited to:

How to conduct a sex discrimination resolution process consistent with the Nondiscrimination Procedures, including issues of disparate treatment, disparate impact, sex-based harassment, quid pro quo, hostile environment harassment, and retaliation
The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance under the Title IX Regulations
Training for Informal Resolution facilitators on the rules and practices associated with College’s Informal Resolution process
The role of the Title IX Coordinator
Supportive Measures
Clery Act/VAWA requirements applicable to Title IX
College’s obligations under Title IX
How to apply definitions used by the College with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with Policy
Reasonable modifications and specific actions to prevent discrimination and ensure equal access for pregnancy or related conditions
Any other training deemed necessary to comply with Title IX

¹ ŷ��AV is a nondenominational, residential, research liberal arts gender-diverse women’s college and welcomes applications from female, transgender and non-binary students.

² This is not an exhaustive list. The College retains the right to incorporate any and all active College policies.

³ These departments and individuals also serve as the Confidential Resource Providers at the College under Mass. Gen. Laws. ch. 6, § 168E.

⁴ Organizations with * have active Memorandums of Understanding with the College.

⁵ There may be particular circumstances where the College has to collect legal sex from individuals for reporting purposes or to be in compliance with other federal or state laws. Those circumstances are exempt from this policy and its accompanying grievance procedures.

⁶ De minimis harm is defined as something that is very trifling or of little importance.

⁷ The protected characteristics under Title IX protect against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.

⁸ Sex-based conduct includes any conduct that is based on sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

⁹ Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.

¹⁰ Anywhere this procedure indicates “Title IX Coordinator,” the College may substitute a trained designee.

¹³ Students will be asked to consent to a joint hearing prior to one being assigned. Students will also have to submit a FERPA waiver for a joint hearing to take place.

Approved: July 30, 2024
Date Established: August 1, 2024
Responsible Office: Human Resources
Date Last Revised: July 30, 2024
Responsible Administrator: Shannon Lynch