Title IX FAQ

Once the Title IX Coordinator receives a formal complaint, several steps happen:

The Title IX Coordinator will ensure that the complaint is filed with the correct process.

The Title IX Coordinator will reach out to the Complainant (impacted party) to offer supportive measures and provide information about their respective rights.

The Title IX Coordinator will determine whether additional supportive measures need to be put in place in order to support both the Complainant and Respondent (alleged offender) and ensure community safety.

The Title IX Coordinator will notify the Respondent of the complaint. The Respondent will be informed of their respective rights and offered supportive measures.

The Title IX Coordinator will initiate an investigation, if appropriate.

The Title IX Coordinator will not contact the parents or guardians of any involved party in a Title IX matter unless permission is granted by the involved student. The College is prohibited from doing so by the Family Educational and Rights to Privacy Act (FERPA). Under FERPA, parents/guardians cannot access their student’s educational records if the student is enrolled in post-secondary education, regardless of age, unless the student gives written permission to allow access to the parents/guardians through a FERPA waiver.

Yes, the Title IX Coordinator has a procedure for the Complainant to request to withdraw a complaint, in whole or in part. Refer to the Title IX and Sexual Misconduct Policy for more information.

A victim of sexual misconduct has the right to report an incident to law enforcement, Campus Safety, and/or the College. The victim also has the right not to report an incident. A victim wishing to report to law enforcement may obtain assistance from the College when making the report. The College will not file a report of sexual misconduct to law enforcement on behalf of the student.

Yes. Hartwick does retain conduct jurisdiction over students who choose to take a leave of absence, withdraw, or have graduated for any misconduct that occurred prior to the leave, withdrawal, or graduation. Hartwick does not maintain jurisdiction over former employees, but we will ensure supportive measures are in place to support the Complainant and ensure their safety.

Complaints will be investigated in either Process A or Process B. Process A is reserved for complaints that fall under Title IX. Process B is reserved for all other complaints of the Sexual Misconduct Policy.

Advisors provide guidance to the Complainant and Respondent through the process. Either party may select an advisor of their choice or request the College appoint an advisor. Witnesses cannot have advisors. The role of the advisor is narrow: they may attend all meetings or interviews at which the party is entitled to be present, and may help the party prepare for each meeting, however, the advisor may not serve as a proxy or representative for the party, with an exception for cross-examination in Process A. Under Process A the College will appoint an advisor for a hearing, free of charge, for a party that does not have an advisor. Please contact the Title IX Coordinator if you would like the College to appoint you an advisor.

No, you are not required to participate, but Hartwick hopes that the parties and witnesses will be willing to share what they know, to ensure the investigation is as thorough and accurate as possible.

Parties or witnesses will be contacted to schedule an investigation interview with the neutral, impartial Investigator(s). The parties can prepare for the interview with their advisor in advance, if they wish. The Investigator(s) will take a statement from each interviewee during the interview. Interviewees don’t have to answer every question that is asked, but they should try to remember as much as they can and provide complete answers. Interviewees should bring any evidence they have (texts, snaps, physical evidence, video, etc.) with them to the interview. Parties and witnesses may be interviewed more than once.

The Investigator(s) will complete a draft of the investigation report, a copy will be provided to each party and their advisor. The parties will have the opportunity to review and comment on the report and evidence file to ensure the report is complete and accurate. The Title IX Coordinator will explain the process by which your review and comment is solicited and incorporated. The Investigator(s) will then issue a final report (and final evidence file), providing copies to the parties and advisors. The report will then be referred for a hearing or informal resolution.

It depends on schedules. However, parties will be provided with at least five (5) days notice, of the date and time of the hearing. This provides adequate time to prepare for the hearing.

Parties are not required to participate in a hearing, however if any party or witness does not attend the hearing, the hearing will be held in their absence.

No, however if a party or witness does not answer questions, the Hearing Officer will only be able to rely upon submitted evidence (such as information in the investigation report or testimony provided by other participants at the hearing).

The hearing is an opportunity for the parties and the Hearing Officer to ask clarifying questions the investigator, other party, and/or witnesses so that the Hearing Officer can determine if a policy violation occurred. Please refer to the Title IX and Sexual Misconduct Policy for more information about the College’s hearing procedures.

No, the parties do not directly communicate with each other during the hearing. All questions are either posed by the Hearing Officer, by a party’s advisor as part of cross-examination in Process A, or in writing by the party in Process B. All questions must be approved by the Hearing Officer for relevance before they can be answered.

After the parties are notified of the outcome, the matter is considered resolved unless a party requests an appeal. The outcome letter from the hearing officer will detail the procedures for appeal.

Preponderance of evidence is the standard a hearing officer uses to determine if a violation of the Title IX and Sexual Misconduct Policy occurred. This means that it is more likely than not that a violation of the Policy occurred.

If an appeal is filed and accepted, both parties will be notified. The non-appealing party will be provided the opportunity to review the appeal and submit a written statement in support of, or challenging, the appeal. A three (3) member Appeals Panel will be appointed to review the appeal. The decision of the Appeals Panel will be communicated to both parties in writing. The Appeals Panel’s decision will be made using the preponderance of evidence standard. The Appeals Panel’s decision is final and binding.

An informal resolution provides the parties the option to resolve a complaint outside of the formal investigation and hearing process. This may involve mediation or restorative practices, by which the parties reach a mutually agreed upon resolution. Informal resolutions are voluntary. An informal resolution does not necessarily require the parties to meet together. If an informal resolution is successful, the results are not appealable. At any time, either party has the right to withdraw from the informal resolution process and resume the formal processing of the complaint. If attempts at informal resolution are unsuccessful, then the formal process will resume. There are conditions under Process A and Process B where informal resolutions cannot be granted. Please refer to the Title IX and Sexual Misconduct Policy for more information on the conditions for informal resolution.

All investigations will be conducted in a thorough and prompt manner. The grievance process can take anywhere from several weeks to a few months to complete. Parties are kept informed of the timeline and are notified should there be cause for any delays.