E. Sexual Misconduct

Resolution Timeline

The college will make a good faith effort to complete the resolution process within a 60-90 business day time period, including appeal, which can be extended as necessary for appropriate cause by the Title IX coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.

Ensuring Impartiality

Any individual materially involved in the administration of the resolution process may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The formal grievance process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy violation and evidence that supports that the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent or witness.

The college operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.

Investigation Timeline

Investigations are completed expeditiously, normally within 30 business days, though some investigations may take weeks or even months, depending on the nature, extent and complexity of the allegations, availability of witnesses, police involvement, etc.

The college will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

Delays in the Investigation Process and Interactions with Law Enforcement

The college may undertake a brief delay in its investigation if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions.

The college will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. The college will promptly resume its investigation and resolution process as soon as feasible. During such a delay, the college will implement supportive measures as deemed appropriate.

College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

Steps in the Investigation Process

All investigations are thorough, reliable, impartial, prompt and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.

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

Investigations are conducted at the college by a Title IX coordinator. Deputy Title IX coordinators may assist with an investigation. The investigator typically takes the following steps (not necessarily in this order).

• Determine the identity and contact information of the Complainant.
• In coordination with campus partners, initiate or assist with any necessary supportive measures.
• Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated.
• Commence a thorough, reliable and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties.
• Meet with the Complainant to finalize their interview/statement, if necessary.
• Prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA may be amended with any additional or dismissed allegations. The notice should inform the parties of their right to have the assistance of an advisor, who could be a member of the pool or an advisor of their choosing present for all meetings attended by the party.
• Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes of the relevant evidence/testimony from their respective interviews and meetings.
• Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible.
• When participation of a party is expected, provide that party with written notice of the date, time and location of the meeting, as well as the expected participants and purpose.
• Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
• Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions.
• Complete the investigation promptly and without unreasonable deviation from the intended timeline.
• Provide regular status updates to the parties throughout the investigation.
• Prior to the conclusion of the investigation, provide the parties and their respective advisors (if so desired by the parties) with a list of witnesses whose information will be used to render a finding.
• Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence. Appendices including relevant physical or documentary evidence will be included.
• Investigators gather, assess and synthesize evidence, but make no conclusions, engage in no policy analysis and render no recommendations as part of their report.
• Prior to the conclusion of the investigation, provide the parties and their respective advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the college does not intend to rely in reaching a determination, for a ten (10) business day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten (10) days. Each copy of the materials shared will be watermarked on each page with the role of the person receiving it (e.g., Complainant, Respondent, Complainant’s advisor, Respondent’s advisor).
• Investigators may elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses.
• Investigators will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions and finalize the report. The investigator(s) should document all rationales for any changes made after the review and comment period.
• The investigator will incorporate any relevant feedback, and the final report is then shared with all parties and their advisors through secure electronic transmission or hard copy at least ten (10) business days prior to a hearing. The parties are also provided with a file of any directly related evidence that was not included in the report.

Role and Participation of Witnesses in the Investigation

Witnesses (as distinguished from the parties) who are employees of the college are expected to cooperate with and participate in the college’s investigation and resolution process. Failure of such witnesses to cooperate with and/or participate in the investigation or resolution process constitutes a violation of policy and may warrant discipline. Student witnesses and witnesses from outside the college community are encouraged to cooperate with college investigations and to share what they know about a complaint.

Although in-person interviews for parties and all potential witnesses are ideal, circumstances may require individuals to be interviewed remotely via Zoom or similar technology. The college will take appropriate steps to reasonably ensure the security/privacy of remote interviews.

Witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred. If a witness submits a written statement but does not intend to be and is not present for cross examination at a hearing, their written statement may not be used as evidence.

Recording of Interviews

No unauthorized audio or video recording of any kind is permitted during investigation meetings. If an investigator elects to audio and/or video record interviews, all involved parties must be made aware of and consent to audio and/or video recording.

Evidentiary Considerations in the Investigation

The investigation does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Referral for Hearing

Provided that the complaint is not resolved through informal resolution, once the final investigation report is shared with the parties, the Title IX coordinator will refer the matter for a hearing. The hearing cannot be less than ten (10) business days from the conclusion of the investigation – when the final investigation report is transmitted to the parties and the chair – unless all parties and the chair agree to an expedited timeline.

Hearing Chair

The college will designate a single chair from the pool, at the discretion of the Title IX coordinator, to serve as hearing chair.    

The chair will not have had any previous involvement with the investigation. The Title IX coordinator may elect to have an alternate from the pool sit in throughout the hearing process in the event that a substitute is needed for any reason.

Those who have served as investigators will be witnesses in the hearing and therefore may not serve as chairs. Those who are serving as advisors for any party may not serve as chairs in that matter. The Title IX coordinator may not serve as a chair in the matter but may serve as an administrative facilitator regarding set up and facilitation of the hearing. 

Evidentiary Considerations in the Hearing

Any evidence that the chair determines is relevant and credible may be considered. The hearing does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility. This information is only considered at the sanction stage of the process and is not shared until then.

The parties may each submit a written impact statement prior to the hearing for the consideration of the chair at the sanction stage of the process when a determination of responsibility is reached.

After post-hearing deliberation, the chair renders a determination based on the preponderance of the evidence; whether it is more likely than not that the Respondent violated the policy as alleged.

Notice of Hearing

No less than ten (10) business days prior to the hearing, the Title IX coordinator will send notice of the hearing to the parties. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.

The notice will contain:

• A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures and a statement of the potential sanctions/responsive actions that could result.
• The time, date and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities.
• Any technology that will be used to facilitate the hearing.
• Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the chair and parties to see and hear a party or witness answering questions. Such a request must be raised with the Title IX coordinator at least five (5) business days prior to the hearing.
• A list of all those who will attend the hearing, along with an invitation to object to the chair on the basis of demonstrated bias. This must be raised with the Title IX coordinator at least two (2) business days prior to the hearing.
• Information on how the hearing will be recorded and how to access the recording for the parties after the hearing.
• A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing will not be considered by the chair. For compelling reasons, the chair may reschedule the hearing.
• Notification that the parties may have the assistance of an advisor of their choosing at the hearing and will be required to have one present for any questions they may desire to ask. The party must notify the Title IX coordinator if they do not have an advisor, and the college will appoint one. Each party must have an advisor present. There are no exceptions.
• A copy of all the materials provided to the chair about the matter, unless they have been provided already.
• An invitation to each party to submit to the chair an impact statement pre-hearing that the chair will review during any sanction determination.
• An invitation to contact the Title IX coordinator to arrange any disability accommodations, language assistance and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.
• Information on whether the parties can bring cell phones/devices into the hearing.

Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to the policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the college and remain within the 60-90 business day goal for resolution.

In these cases, if the Respondent is a graduating student, a hold may be placed on graduation and/or official transcripts until the matter is fully resolved (including any appeal). A student facing charges under the sexual misconduct policy is not in good standing to graduate.

Alternative Hearing Participation Options

If a party or parties prefer not to attend or cannot attend the hearing in person, the party should request alternative arrangements from the Title IX coordinator at least five (5) business days prior to the hearing.

The Title IX coordinator can arrange to use technology to allow remote testimony without compromising the fairness of the hearing. Remote options may also be needed for witnesses who cannot appear in person. Any witness who cannot attend in person should let the Title IX coordinator know at least five (5) business days prior to the hearing so that appropriate arrangements can be made.

Pre-Hearing Preparation

The Title IX coordinator will provide the names of persons who will be participating in the hearing, all pertinent documentary evidence and the final investigation report to the parties at least ten (10) business days prior to the hearing.

Any witness scheduled to participate in the hearing must have been first interviewed by an investigator, unless all parties and the chair assent to the witness’s participation in the hearing. The same holds for any evidence that is first offered at the hearing. If the parties and chair do not assent to the admission of evidence newly offered at the hearing, the chair may delay the hearing and instruct that the investigation needs to be re-opened to consider that evidence.

The parties will be given the name of the chair at least five (5) business days in advance of the hearing. All objections to the chair must be raised in writing, detailing the rationale for the objection, and must be submitted to the Title IX coordinator as soon as possible and no later than one day prior to the hearing. Chairs will only be removed if the Title IX coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).

The Title IX coordinator will give the chair a list of the names of all parties, witnesses and advisors at least five (5) business days in advance of the hearing. A chair who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses and advisors in advance of the hearing. If a chair is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Title IX coordinator as soon as possible.

During the ten (10) business day period prior to the hearing, the parties have the opportunity for continued review and comment on the final investigation report and available evidence. That review and comment can be shared with the chair at the pre-hearing meeting or at the hearing and will be exchanged between each party.

Pre-Hearing Meetings

The chair may convene a pre-hearing meeting(s) with the parties and/or their advisors to invite them to submit the questions or topics they (the parties and/or their advisors) wish to ask or discuss at the hearing, so that the chair can rule on their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or provide recommendations for more appropriate phrasing. However, this advance review opportunity does not preclude the advisors from asking a question for the first time at the hearing or from asking for a reconsideration based on any new information or testimony offered at the hearing. The chair must document and share with each party their rationale for any exclusion or inclusion at a pre-hearing meeting.

The chair, only with full agreement of the 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 in the investigation report or during the hearing.

At each pre-hearing meeting with a party and their advisor, the chair will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator may be argued to be relevant.

The chair may rule on these arguments pre-hearing and will exchange those rulings between the parties prior to the hearing to assist in preparation for the hearing. The chair may consult the Title IX coordinator and ask the Title IX coordinator to attend pre-hearing meetings. Pre-hearing meetings with the chair will be recorded.

Hearing Procedures

At the hearing, the chair has the authority to hear and make determinations on all allegations of sexual harassment and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the sexual harassment and/or retaliation, even though those collateral allegations may not specifically fall within the policy.

Participants at the hearing will include, and are limited to, the chair, the Title IX coordinator and other investigators who conducted the investigation, the parties, advisors to the parties, any called witnesses and anyone providing authorized accommodations or assistive services.

The chair will answer all questions of procedure. Anyone appearing at the hearing to provide information will respond to questions on their own behalf.

The chair will allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the chair and the parties, and then witnesses will be excused.

Joint Hearings

In hearings involving more than one Respondent or in which two (2) or more Complainants have accused the same individual 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 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 with respect to each alleged policy violation.

The Order of the Hearing – Introductions and Explanation of Procedure

The chair explains the procedures and introduces the participants. This may include a final opportunity for challenge or recusal of the chair on the basis of bias or conflict of interest. The Title IX coordinator will review and decide the challenge.

Investigator Presents the Final Investigation Report

The Title IX coordinator and other investigators will then present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the chair and the parties’ advisors. The Title IX coordinator and other investigators will be present during the entire hearing process, but not during deliberations.

Neither the advisors nor the chair should ask the Title IX coordinator and other investigators opinions on credibility, recommended findings or determinations, and the Title IX coordinator and other investigators, advisors and parties will refrain from discussion of or questions about these assessments. If such information is introduced, the chair will direct that it be disregarded.

Testimony and Questioning

Once the Title IX coordinator and other investigators present their report and are questioned, the parties and witnesses may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the chair. The parties/witnesses will submit to questioning by the chair and then by the parties through their advisors (“cross-examination”).

All questions are subject to a relevance determination by the chair. The advisor, who will remain seated during questioning, will pose the proposed question orally, electronically or in writing (orally is the default, but other means of submission may be permitted by the chair upon request if agreed to by all parties and the chair), the proceeding will pause to allow the chair to consider it (and state it if it has not been stated aloud), and the chair will determine whether the question will be permitted, disallowed or rephrased.

The chair may invite explanations or persuasive statements regarding relevance with the advisors, if the chair so chooses. The chair will then state their decision on the question for the record and advise the party/witness to whom the question was directed. The chair will explain any decision to exclude a question as not relevant or to reframe it for relevance.

The chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious or abusive. The chair has final say on all questions and determinations of relevance. The chair may ask advisors to frame why a question is or is not relevant from their perspective but will not entertain argument from the advisors on relevance once the chair has ruled on a question.

If the parties raise an issue of bias or conflict of interest of a Title IX coordinator, other investigators or the chair at the hearing, the chair may elect to address those issues, and/or refer them to the Title IX coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the chair should not permit irrelevant questions that probe for bias.

Refusal to Submit to Cross-Examination and Inferences

Cross-examination is an all or nothing proposition, meaning that if any question is refused, no statements of that party or witness are admissible. Only if a party or witness is willing to submit to cross-examination, and answers all questions, will their statements prior to or at the hearing be fully admissible. If a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attend the meeting, or they attend but refuse to participate in questioning, then the chair may not rely on any prior statement made by that party or witness at the hearing (including those contained in the investigation report) in the ultimate determination of responsibility. The chair must disregard all statements. Evidence provided that is something other than a statement by the party or witness may be considered.

Whether a party or witness does or does not answer questions from the chair, their statements will be admissible as long as they are willing to submit to cross-examination questions, even if they are not asked such questions. The chair may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.

If charges of policy violations other than sexual harassment are considered at the same hearing, the chair may consider all evidence it deems relevant, may rely on any relevant statement as long as the opportunity for cross-examination is afforded to all parties through their advisors, and may draw reasonable inferences from any decision by any party or witness not to participate or respond to questions.

Recording Hearings

Hearings (but not deliberations) are recorded by the college for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.

The chair, the parties, their advisors and appropriate administrators of the college will be permitted to listen to the recording in a controlled environment determined by a Title IX coordinator. No person will be given or be allowed to make a copy of the recording without permission of a Title IX coordinator.

Deliberation, Decision-Making and Standard of Proof

The chair will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. The preponderance of the evidence standard of proof is used.

When there is a finding of responsibility on one or more of the allegations, the chair may then consider the previously-submitted party impact statements in determining appropriate sanction(s).

The chair will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The chair may – at their discretion – consider the statements, but they are not binding. The chair will review the statements and any pertinent conduct history provided by administrators and will recommend the appropriate sanction(s) in consultation with other appropriate administrators, as required.

The chair will then prepare a written deliberation statement and deliver it to the Title IX coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence not relied upon in its determination, credibility assessments and any sanctions.

This report must be submitted to the Title IX coordinator within two (2) business days of the end of deliberations, unless the Title IX coordinator grants an extension. If an extension is granted, the Title IX coordinator will notify the parties.

Notice of Outcome

Using the deliberation statement, the Title IX coordinator will work with the chair to prepare a Notice of Outcome. The Title IX coordinator will then share the letter, including the final determination, rationale and any applicable sanction(s) with the parties and their advisors within five (5) business days of receiving the chair’s deliberation statement.

The Notice of Outcome will then be shared with the parties simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the permanent address of the parties as indicated in official college records or emailed to the parties’ college-issued email. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.

The Notice of Outcome will articulate the specific policy(ies) reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by the college from the receipt of the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence and hearings held.

The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the college is permitted to share such information under state or federal law; any sanctions issued which the college is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to the college’s educational or employment program or activity, to the extent the college is permitted to share such information under state or federal law (this detail is not typically shared with the Respondent unless the remedy directly relates to the Respondent).

The Notice of Outcome will also include information on when the results are considered by the college to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.

Sanctions

Factors considered when determining a sanction/responsive action may include, but are not limited to:

• The nature, severity of and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• Previous allegations or allegations involving similar conduct
• The need for sanctions/responsive actions to bring an end to the sexual harassment and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of sexual harassment and/or retaliation
• The need to remedy the effects of the sexual harassment and/or retaliation on the Complainant and the community
• The impact on the parties
• Any other information deemed relevant by the chair

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

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

a. Student Sanctions

The following are the usual sanctions that may be imposed upon students:

• 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.
• Required Counseling: A mandate to meet with and engage in either college-sponsored or external counseling to better comprehend the misconduct and its effects.  
• Probation: A written reprimand 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 privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders and/or other measures deemed appropriate.
• Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student.
• Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend college-sponsored events. This sanction will be noted permanently as a Conduct Expulsion on the student’s official transcript.
• Withholding Diploma: The college may withhold a student’s diploma as a sanction if the student is found responsible for an alleged violation.
• Other Actions: In addition to or in place of the above sanctions, the college may assign any other sanctions as deemed appropriate.

b. Employee Sanctions/Responsive Actions

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

• Warning – Verbal or Written
• Performance Improvement Plan
• 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
• Reassignment
• Assignment to new supervisor
• Restriction of professional development resources
• Suspension with pay
• Suspension without pay
• Dismissal
• 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.

Withdrawal or Resignation While Charges Pending

The following process should apply when there is a withdrawal or resignation while charges are pending:

a. Students

Should a student decide to not participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the college, the resolution process ends, as the college no longer has disciplinary jurisdiction over the withdrawn student.

However, the college will continue to address and remedy any systemic issues or concerns, variables that may have contributed to the alleged violation(s) and any ongoing effects of the alleged sexual harassment and/or retaliation. The student who withdraws or leaves while the process is pending may not return to the college and the registrar will be notified that they cannot be readmitted. A hold will be placed on their ability to be readmitted. They may also be barred from college property and/or events.

If the student Respondent only withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely and that student is not permitted to return to college unless and until all sanctions have been satisfied.

b. Employees

Should an employee Respondent resign with unresolved allegations pending, the resolution process ends, as the college no longer has disciplinary jurisdiction over the resigned employee.

However, the college will continue to address and remedy any systemic issues or concerns, variables that contributed to the alleged violation(s) and any ongoing effects of the alleged harassment or retaliation.

The employee who resigns with unresolved allegations pending is not eligible for rehire with the college, and the records retained by the Title IX coordinator will reflect that status.

All college responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.

Appeals

Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the Title IX coordinator within five (5) days of the delivery of the Notice of Outcome.

An appeal chair is responsible for the appeal. The appeal chair will not have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process.

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

a. Grounds for Appeal

Appeals are limited to the following grounds:

1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
3. The Title IX coordinator, investigator(s) or chair had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

If any of the grounds in the Request for Appeal do not meet the grounds in these procedures, that request will be denied by the appeal chair and the parties and their advisors will be notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in these procedures, then the appeal chair will notify the other party(ies) and their advisors, the Title IX coordinator, and, when appropriate, the investigators and/or the original chair.

The other party(ies) and their advisors, the Title IX coordinator, and, when appropriate, the investigators and/or the original chair will be mailed, emailed and/or provided a hard copy of the request with the approved grounds and then be given seven (7) business days to submit a response to the portion of the appeal that was approved and involves them. All responses will be forwarded by the chair to all parties for review and comment.

The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed to determine if it meets the grounds in these procedures by the appeal chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the investigator(s) and/or original chair, as necessary, who will submit their responses in seven (7) business days, which will be circulated for review and comment by all parties.

Neither party may submit any new requests for appeal after this time period. The appeal chair will collect any additional information needed and all documentation regarding the approved grounds and the subsequent responses, and the chair will render a decision in no more than seven (7) business days, barring exigent circumstances.

A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which the college is permitted to share according to state or federal law and the rationale supporting the essential findings to the extent the college is permitted to share under state or federal law.

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the permanent address of the parties as indicated in official institutional records or emailed to the parties’ college-issued email. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.

b. Sanctions Status During the Appeal

Any sanctions imposed as a result of the hearing are stayed during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above.

If any of the sanctions are to be implemented immediately post-hearing, but pre-appeal, then emergency removal procedures (detailed above) for a hearing on the justification for doing so must be permitted within 48 hours of implementation.

The college may still place holds on official transcripts, diplomas, graduations and course registration pending the outcome of an appeal when the original sanctions included separation.

c. Appeal Considerations

• Decisions on appeal are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so.
• Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.
• An appeal is not an opportunity for an appeal chair to substitute their judgment for that of the original chair merely because they disagree with the finding and/or sanction(s).
• The appeal chair may consult with the Title IX coordinator on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained.
• Appeals granted based on new evidence should normally be remanded to the original investigator(s) and/or chair for reconsideration. Other appeals may be remanded at the discretion of the Title IX coordinator or, in limited circumstances, decided on appeal.
• Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing).
• In rare cases where a procedural or substantive error cannot be cured by the original chair (as in cases of bias), the appeal may order a new hearing with a new chair.
• The results of a remand to a chair cannot be appealed. The results of a new hearing can be appealed, once, on any of the three available appeal grounds.
• In cases in which the appeal results in reinstatement to the college or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

Long-Term Remedies/Other Actions

Following the conclusion of the resolution process, and in addition to any sanctions implemented, a Title IX coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the sexual harassment and/or retaliation, remedy the effects and prevent reoccurrence.

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

• Referral to counseling services
• Referral to the Employee Assistance Program
• Education to the individual and/or the community
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Recommendations to policy modification and/or training
• 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 support or 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 owed by the college to the Respondent to ensure no effective denial of educational access.

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

Failure to Comply with Sanctions and/or Interim and Long-Term Remedies and/or Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions and/or corrective actions within the timeframe specified by the final chair (including the appeal chair).

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 and may be noted on a student’s official transcript.

A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX coordinator. 

Recordkeeping

The college will maintain for a period of seven (7) years records of:

• Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;
• Any disciplinary sanctions imposed on the Respondent;
• Any remedies provided to the Complainant 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 train Title IX coordinators, investigators, chairs and any person who facilitates an Informal Resolution process. The college will make these training materials publicly available on the college’s website; and
• Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including:
  1. The basis for all conclusions that the response was not deliberately indifferent;
  2. Any measures designed to restore or preserve equal access to the college’s education program or activity; and
  3. If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

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

Disabilities Accommodations in the Resolution Process

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

Any student needing such accommodations or support should contact the academic and disabilities counselor, and any employee should contact the executive director of human resources.  The request will be reviewed and, in consultation with the person requesting the accommodation and the Title IX coordinator, they will determine which accommodations are appropriate and necessary for full participation in the process.

Revision of Policy and Procedures

These sexual misconduct policy and procedures supersede any previous policies and procedures addressing sexual harassment, sexual misconduct and/or retaliation under Title IX and will be reviewed and updated annually by the Title IX coordinator. The college reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

During the resolution process, the Title IX coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX coordinator may also vary procedures materially with notice (on the institutional website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected.

If government 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 government regulations or holdings.

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

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¹ ATIXA 2020 interim model sexual harassment policies and procedures. Use of this model with citation to ATIXA is permitted through a limited license to Wor-Wic Community College. All other rights reserved. ©2020. ATIXA

² For the purpose of these procedures, privacy and confidentiality have distinct meanings. Privacy means information related to a complaint will be shared with a limited number of college employees who “need to know” in order to assist in the assessment, investigation and resolution of the report. All employees who are involved in the college’s response to notice under this policy receive specific training and guidance about sharing and safeguarding information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), as outlined in Student Records. The privacy of employee records will be protected in accordance with human resources policies. Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses and others, with their patients, clients, parishioners and spouses. The college has designated individuals who have privileged communications as Confidential Resources. When information is shared by a Complainant with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders or individuals with disabilities. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the Clery Act. Other information may be shared as required by law.

³ Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

⁴ This would include having another person touch you sexually, forcibly or without their consent.

⁵ If circumstances require, the president or a Title IX coordinator will designate another person to oversee the process should an allegation be made about the coordinator or the coordinator be otherwise unavailable or unable to fulfill their duties.

⁶ Subject to the state law provisions or college policy above.