Title IX, Bias, Discrimination and Harassment FAQ

Complainant:
A Complainant is an individual alleged to be the victim/survivor of conduct that violates the Title IX, Discrimination, and Harassment Policy or retaliation for engaging in any processes therein, or for receiving safety and supportive measures, remedies, and modifications.

Respondent:
A Respondent is a person or group who has been alleged to be the perpetrator of conduct that could constitute a violation of the Title IX, Discrimination, and Harassment Policy.

Complainants and Respondents are sometimes referred to as a Party or collectively as the Parties.

Typically, the following steps are taken after a report is made to the College:

The Title IX Coordinator/College Compliance Officer will reach out to the individual or group that submitted a report to offer remedial measures and provide information about their rights and options moving forward. An individual or group is not required to respond to the Title IX Coordinator/College Compliance Officer.

The Complainant will determine whether they want to engage in the grievance
procedures under the Title IX, Bias, Discrimination, and Harassment Policy’s grievance procedures. Grievance procedures include but are not limited to informal resolutions, mediation, alternative resolutions, and a formal resolution (investigation). With very few exceptions, the College with honor the requests of a Complainant in determining whether to initiate a grievance procedure.

If applicable and permissible, the Title IX Coordinator/College Compliance Officer will notify a Respondent of the nature and details of the allegation(s). The Respondent will be informed of their respective rights and offered supportive measures and remedies.

The Title IX Coordinator/College Compliance Officer will initiate an investigation if permissible and applicable. Complainants and Respondents are not required to participate in a grievance procedure, and will not be discredited for doing so.

The Respondent is considered not responsible for violations of the Discrimination and Harassment Policy, unless and until the preponderance of the evidence proves that a violation of the Policy has occurred.

The College will not contact a parent or legal guardian of any student unless permission is granted by the student. The College is prohibited from doing so by the Family Educational Rights and 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 parents/guardians through a FERPA waiver.

A victim or survivor of Bias, Discrimination, and Harassment has the right to report an incident to law enforcement, to the College, to report to both, or not to report to either the College or law enforcement. A victim or survivor wishing to report to law enforcement may obtain assistance from the College when making the report. The College will not file a report to law enforcement on behalf of a victim.

PROCESS A: Title IX Sexual Harassment

When an alleged violation of the Title IX, Bias, Discrimination, and Harassment Policy is reported, the allegations may be subject to one of two grievance processes, Process A and Process B.

Process A is a formal grievance process designated by the College to formally investigate and adjudicate allegations that constitute Sexual Harassment under Title IX, including Sexual Assault, Dating Violence, Domestic Violence, and Stalking.

Notice of Allegation and Investigation:

The Parties will receive a Notice of Allegations and Investigation (NOAI) from the Title IX Coordinator/College Compliance Officer that includes the following information:

• Information about the College’s formal and informal resolution procedures under Process A.
• A statement of the allegations of behavior potentially constituting prohibited conduct, including the identity of the parties involved, if known, the conduct alleged, and the time, date, and location of the alleged incident, if known.
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of Process A.
• Notification that parties may have an advisor of their choice who may be, but is not required to be, an attorney.
• Notification of on– and off-campus resources such as counseling, physical health, and mental health.
• Notification that taking any retaliatory action, directly or by way of a third party, against any person because they are involved in Process A constitutes a violation of this Policy.
• Notification that providing a false report or false testimony constitutes a violation of this Policy.

If, during the course of a formal investigation, the College decides to investigate additional or new allegations of the Complainant or Respondent, the College will provide an updated NOAI to all parties.

Formal Investigations: A formal investigation typically involves interviews with the Parties, including witnesses, and gathering and reviewing relevant evidence. Complainants and Respondents will be given an equal opportunity to present information in the context of the investigation, such as documents, communications, photographs, or other evidence, and the opportunity to suggest facts, expert witnesses, and other inculpatory or exculpatory evidence. The Investigator retains discretion to determine the order and method of investigation as unnecessary or inappropriate.

Before the conclusion of an investigation, the Investigator will prepare a case file. The case file will include all collected evidence directly related to the allegations as stated in the NOAI, and a written Report of the Investigation that clearly summarizes and details the Investigator’s interviews with the Parties and witnesses and evidence gathered during the investigation.

Period of Review and Comment:

The Parties will have ten (10) business days to submit a response to the case file, known as the Period of Review and Comment. The Investigator will consider each party’s response, if any, before the Investigator finalizes the Report of Investigation and the updated case file, if applicable. Responses from the Period of Review and Comment may include providing written statements, additional evidence, additional witnesses, or questions they wish the Investigator to ask of a party or witness. After the Period of Review and Comment, the investigation is finalized.

Adjudication Under Process A:

Live Hearing:
A live hearing that permits cross-examination is required under Process A. The Title IX Coordinator/College Compliance Officer will appoint a Hearing Officer from a pool of trained individuals, who are typically members of the Title IX and Nondiscrimination Team.

Live hearings are typically conducted virtually via Zoom.

The Hearing Officer is responsible for maintaining orderly, fair, and respectful hearings and will have broad authority to respond to disruptive or harassing behaviors, including adjourning the hearing or dismissing a party, witness, or advisor.

The Parties may speak on their behalf, including providing an opening and closing statement.

Cross-Examination:

Cross-examination occurs when a Party permits their Advisor to ask the other Party(s) and any witnesses relevant questions and follow-up questions, including those challenging credibility. The Parties are not permitted to conduct cross-examination on their own behalf and are not permitted to address the other Party with direct verbal communication during a live hearing.

The Parties have the right to choose whether they wish to answer any questions posed to them during a hearing, in part or in full. The hearing officer may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to submit to cross-examination or other questions.

After opening statements, questions posed by the Hearing Officer, and cross-examination are conducted, the Hearing Officer will provide the parties with the opportunity to make a closing statement. Parties are not obligated to make closing statements (or opening statements).

Determination of Responsibility:

The Hearing Officer must issue a written determination regarding responsibility. In determining responsibility, the Hearing Officer will ensure that all relevant evidence is objectively evaluated, weighted, and assessed, including the credibility of a Party or witness.

Within ten (10) business days of the conclusion of the hearing process, the Hearing Officer will issue their written decision to the Title IX Coordinator/College Compliance Officer outlining relevant facts in determining responsibility for each allegation and, if applicable, the appropriate sanctions. The Hearing Officer must use the ‘preponderance of evidence’ as the standard to determine responsibility, which means determining whether it is more likely than not that a violation of the Policy occurred.

Notification of Outcome:

The Hearing Officer’s written decision must include:

• The identification of the allegations potentially constituting Title IX sexual harassment.
• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held.
• Findings of fact supporting the determination.
• Conclusions regarding the application of this Policy to the facts.
• For each allegation, a statement of and a rationale for both the determination regarding responsibility and any sanctions imposed.
• Whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the Complainant.
• The College’s procedures and permissible grounds for the Complainant or Respondent to appeal.

Process B: Non-Title IX Bias, Discrimination, and Harassment

When an alleged violation of the Title IX, Bias, Discrimination, and Harassment Policy is reported, the allegations may be subject to one of two grievance processes, Process A and Process B.

Process B is a grievance process designated by the College to apply when Process A does not. Process B applies to unlawful or otherwise prohibited bias, discrimination, harassment, and retaliation, including sex or gender-based discrimination that does not constitute Title IX sexual harassment, and all other forms of bias, discrimination, or discriminatory harassment.

Process B applies to allegations of prohibited conduct under the Title IX, Bias, Discrimination, and Harassment Policy that do not constitute Title IX Category Sexual Harassment.

To engage in Process B, there is no firm requirement that a written and signed formal complaint be submitted. The College encourages individuals who believe they have experienced bias, discrimination, harassment, or retaliation to report such conduct as soon as possible to the Title IX Coordinator/College Compliance Officer.

Notice of Allegations:

Should the Title IX Coordinator/College Compliance Officer determine it appropriate to conduct an investigation under Process B, the Complainant and Respondent will receive a Notice of Allegations (NOA). An NOA is a written notice that includes the following information and details:

• Information about the College’s resolution procedures under Process B.
• A statement of the allegations of behavior potentially constituting prohibited conduct, including sufficient detail that includes the identity of the parties involved, if known.
• The conduct alleged, and the time, date, and location of the alleged incident(s), if known.
• A statement that the Respondent is presumed not responsible for the alleged conduct, and a determination regarding responsibility is made at the conclusion of the process.
• A notification that parties may have an advisor of their choice who may be, but is not required to be, an attorney.
• Notification of on– and off-campus resources such as counseling, physical health, and mental health.
• Notification that taking any retaliatory action, directly or by way of a third party, against any person because of their involvement in a grievance process pursuant to this Policy constitutes a violation of this Policy.
• Notification that providing a false report or false testimony constitutes a violation of this Policy.

If, during the course of an investigation, the College determines a need to investigate allegations about the Complainant or Respondent that are not included in the original NOA as described above, the College will update the NOA as appropriate.

Investigations:

Investigations may include basic fact-gathering, evidence-gathering, or a more thorough investigative process resulting in a formal investigation report that is reviewable by the parties. The application of the elements of an investigation under Process B depends on the circumstances and implications of the allegations and the College-affiliated status of the parties.

Investigations under Process B are typically conducted by members of the Title IX and Nondiscrimination Team or other trained College Officials.

Determination of Responsibility:

Under Process B, when an investigation is concluded, a Decision-Maker is appointed. Decision-Makers have the discretion to determine responsibility and appropriate sanctions, if applicable. The Decision-Maker will typically issue a written determination regarding responsibility. In reaching this decision, all relevant evidence must be objectively evaluated. Credibility determinations may not be based on a person’s status as a Complainant, Respondent or witness.

The College will provide a written determination to the parties simultaneously after a Decision-Maker renders their determination of responsibility and any applicable sanctions.

With very few exceptions, the College will not conduct a formal investigation under the Title IX, Bias, Discrimination, and Harassment Policy unless a victim or survivor agrees or requests one. Formal Investigations must be adequate, thorough, reliable, impartial, prompt, and equitable. They involve investigation interviews with the Complainant, Respondent, and identified witnesses, as well as gathering relevant facts and evidence.

Advisor:

Advisors help Parties (Complainants or Respondents) for investigation meetings or live hearings 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. For longer or more involved discussions, Parties and their Advisors should ask for breaks to allow for private consultation.

Advisor of Choice: A person chosen by a Party (Complainant or Respondent) to accompany the party to meetings, investigation interviews, or other proceedings related to Process A or Process B, and to conduct cross-examination on behalf of a Party during a live hearing, under Process A.

If a party does not select an advisor to conduct cross-examination at a live hearing under Process A, the College will appoint a trained advisor to that Party.

The College encourages the participation of identified witnesses to participate in an investigation or a live hearing, but they are not required to do so.

Process A: Appeals:

Under Process A, following the issuance of a Notification of Outcome from the Hearing Officer, a Complainant or Respondent may file a written appeal with the Title IX Coordinator/College Compliance Officer. A written appeal, based on one or more of the grounds listed below, must be made within five (5) business days of the Notification of Outcome and must include evidence and articulation to support each identified ground of appeal to which an appealing party is asserting. The grounds for appeal are limited to:

• Procedural irregularity that affected the outcome of the matter.
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter.
• The sanction is disproportionate to the violation for which the respondent was found responsible (e.g., the sanction is too severe or too light).
• The Title IX Coordinator/College Compliance Officer, Investigator(s), or the Hearing Officer had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

The Title IX Coordinator/College Compliance Officer, or designee, will determine if the written appeal identifies one or more of the grounds for appeal. The Title IX Coordinator/College Compliance Officer will not assess the merit of the appeal but will review the documentation to confirm that grounds for an appeal have been asserted in the appeal. If a request for an appeal is accepted, both parties will be notified in writing that an appeal has been filed.

The non-appealing party will be provided with the opportunity to review the appeal and given five (5) business days from the date of the notification of an appeal to submit a written statement in support of or challenge to the appeal.

The Title IX Coordinator/College Compliance Officer will appoint an Appeals Panel with up to three (3) members, typically from members of the Title IX and Nondiscrimination Team, or other trained College Officials.

Unless there is good cause for temporary delay(s) or limited extension(s), the decision of the Appeals Panel will be communicated within eight (8) business days to all parties, simultaneously and in writing. The written decision will describe the result of the appeal and the rationale for the result. The decision of the Appeals Panel will be final and binding on the part of the College.

Process B Appeals:

There is generally no right of appeal under Process B. In the event the College identifies that there is a right pursuant to applicable federal or state law to an appeal, the College will notify the parties, and the appeal will proceed in accordance with the appeal procedures set forth under Process A.

Informal Resolutions:

Depending on the nature of the allegation(s), an Informal Resolution may be an appropriate option. An Informal Resolution is a voluntary and remedies-based process that does not involve taking disciplinary action against a Respondent. The goal of an Informal Resolution is not to determine responsibility for allegations of behavior or conduct that violate the Title IX, Bias, Discrimination, and Harassment Policy, but to ensure that the alleged offending behavior stops and that the matter is promptly resolved.

An Informal Resolution is initiated only when it is agreeable to the College and the Parties. Prior to beginning an Informal Resolution, the College will provide the parties with a written notice disclosing:

• The allegations.
• The requirements of the agreed-upon Informal Resolution process.
• That at any time prior to the conclusion of an Informal Resolution, a party has the right to withdraw from the process and resume an investigation or other procedure under Process B.
• Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
• The College must obtain the parties’ voluntary, written consent to engage in an Informal Resolution.

An Informal Resolution may include, but is not limited to, the following:

• An agreement to pursue individual or community remedies.
• Targeted or broad-based educational programming or training.
• Supported direct conversation between parties or through shuttled communication, or technology-facilitated communications.
• Restorative practices are administered by trained facilitators.
• An acceptance of responsibility by the Respondent(s).
• Other means of reaching an agreed-upon resolution, including safety and supportive remedies.

An Informal Resolution cannot be achieved when:

• A Party does not consent to participate in the Informal Resolution process.
• A Party withdraws consent to participate in the informal resolution process before the process is concluded.
• The Parties of the Title IX Coordinator/College Compliance Officer cannot agree on the appropriate terms or related conditions to an Informal Resolution.
• The Title IX Coordinator/College Compliance Officer or appropriate College official determines that an agreed-upon Informal Resolution by the Parties is not in the best interests of the College.

Resolutions under Process A and Process B will be conducted thoroughly and promptly. Each process can take anywhere from several days to several weeks for Process B and several weeks to a few months for Process A. Parties are kept informed of the timeline and are notified should there be cause for delay.