B. Procedures for Complaints of Sex Discrimination and Complaints of Sex-Based Harassment (Not Involving Students)

  1. General. This section’s grievance procedures are for prompt and equitable resolution of complaints of sex-based harassment not involving a student complainant or respondent and sex discrimination. Procedures in this section, VII.B., also apply to allegations of non-Title IX prohibited conduct occurring prior to August 1, 2024.
  2. Notice of Allegations. Upon initiation of this section’s grievance procedures and for any additional allegations not included in the initial notice, the parties whose identities are known will receive notification of allegations that will include the following: 
    1. A copy of (or link to) the College’s grievance procedures under this section, and if applicable, any alternative resolution process options;
    2. Reference to the specific grievance procedure to be followed;
    3. Sufficient information available at the time to allow the parties to respond to the allegations. Sufficient information includes, at a minimum, the identities of the parties involved in the incident(s), the specific conduct alleged to constitute prohibited conduct under this Policy, and the date(s) and location(s) of the alleged incident(s), to the extent that such information is available to the College;
    4. A statement that respondent is presumed not responsible for the alleged prohibited conduct until a determination is made at the conclusion of the grievance procedures under this section;
    5. Information about the confidentiality of the process, including that the parties and their respective support persons/advisors may not share the College’s work product obtained through the grievance process;
    6. A statement that retaliation is prohibited;
    7. A statement that the parties may have a support person/advisor of their choice who may accompany them through all steps of the grievance process subject to participation limitations; and
    8. A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence. 
    9. If, in the course of an investigation, the College decides to investigate additional allegations of prohibited conduct by the respondent toward the complainant that are not included in the notice previously provided or that are included in a complaint that is consolidated, the College will provide notice of the additional allegations to the parties whose identities are known.    
  3. Evidence Gathering. The burden is on the College—not on the parties—to conduct an investigation that gathers sufficient relevant, not otherwise impermissible evidence to determine whether the prohibited conduct occurred. The investigator, who is also the decisionmaker, will:
    1. Seek to gather relevant, available items and information, including but not limited to testimony, documents, electronic communications, photographs, videos, voice recordings, and material objects.
    2. Meet with each party and conduct follow-up interviews as necessary to ask relevant and not otherwise impermissible questions, including questions challenging the credibility of parties and witness to accurately determine relevance when evaluating one or more allegations.
    3. Provide each party an equal opportunity to identify potential fact witnesses and provide any evidence (inculpatory and exculpatory) or other information relevant to the allegations being investigated.
    4. Interview all available, relevant witnesses and conduct follow-up interviews as necessary, including asking relevant and not otherwise impermissible questions challenging credibility to accurately determine relevance when evaluating one or more allegations. Witnesses will be provided an opportunity to review and verify the investigator’s summary of their interview.
    5. Provide the parties with reasonable status updates throughout the investigation.
    6. Provide the Title IX coordinator with regular status updates throughout the investigation.
    7. Review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
    8. Objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
  4. Evidence Review and Response. Prior to the conclusion of the investigation, the investigator will provide each party an equal opportunity to access the relevant, not otherwise impermissible evidence and an accurate description of such evidence.
    • Within three (3) calendar days, which may be extended for good cause, of being provided access to the relevant, not otherwise permissible evidence, each party may respond in writing to the investigator, including the names and contact information for any additional witnesses for the investigator to consider and submitting written, relevant questions that a party requests that the investigator ask of any party or witness.
    • The investigator will consider all responses and conduct follow-up interviews or additional evidence gathering as appropriate.
  5. Evidentiary Decisions. The investigator will make evidentiary decisions and determine relevancy of questions and evidence.
  6. Standard of proof. The standard of proof requires the investigator to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the investigator is not persuaded under the applicable standard by the evidence that the prohibited conduct occurred, whatever the quantity of the evidence is, the investigator will not determine that the prohibited conduct occurred.
  7. Final Determination Notification. Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the investigator (or Title IX Coordinator) will simultaneously, in writing, notify the parties of the determination. The written determination will include:
    1. A description of the allegations;
    2. Information about the policies and procedures that the College used to evaluate the allegations;
    3. Whether, based upon the preponderance of evidence, the prohibited conduct occurred and the rational for such determination; and
    4. Procedures and permissible bases for the complainant and respondent to appeal.
    5. For findings of sexual assault, dating violence, domestic violence, or stalking, notification will also include any disciplinary sanctions.
  8. Appeals. The College offers the following process for appeals from a final determination under this section. This appeal process is the same as the College offers in all other comparable proceedings to the extent appeals are offered in such comparable proceedings.
    1. Complainant(s) and respondent(s) may file a written appeal regarding the determination of responsibility within seven (7) calendar days from the date of the written determination on the following bases:
      1. Procedural irregularity that would change the outcome;
      2. New evidence that would change the outcome and that was not reasonably available when the final determination that prohibited conduct occurred;
      3. The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias, for or against complainants or respondents generally, or for or against the individual complainant or respondent that would change the outcome; and/or
      4. Disciplinary sanctions imposed for student respondents were not appropriate for the prohibited conduct found to have occurred.
    2. Appeals involving student respondents will be determined by the Vice President for Student Development or designee. Appeals not involving student respondents will be determined by the Associate Vice President of Human Resources or designee. If either person has a conflict of interest or has been involved as either an investigator or decisionmaker, the President will designate the person to determine the appeal.
    3. The Title IX Coordinator will make available the complaint, the investigation report, the audio recordings and/or transcripts, any other relevant and not otherwise impermissible evidence, and the written appeal submissions, to the appropriate appeal decisionmaker(s).
    4. The appeal decision will be in writing and provided to the parties.
    5. Parties have three (3) calendar days, which may be extended for good cause, from notice of the appeal to submit a written statement in support of, or challenging, the final determination.
    6. Parties and the Title IX Coordinator will receive notification of the result of the appeal and the rationale for the result.  
  9. Disciplinary Sanctions. The College will not impose discipline on a respondent unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited conduct. If there is a finding the respondent is responsible for violating this Policy, the College will take immediate and proportionate corrective action.
    1. Notification to Title IX Coordinator. The responsible office/department/division is required to provide the Title IX Coordinator with written notification of the discipline, sanction(s), or corrective actions and confirmation of timely implementation. 
    2. Student Respondent. If a student is found responsible for violating the Policy, the case will be referred to the appropriate process for disciplinary sanctioning under the Student Code of Conduct. The decisionmaker may be consulted and consideration of sanctioning factors set forth in this Policy is required. 
    3. Faculty, Staff, or Other Respondent. If a faculty member, staff, or other non-student respondent is found responsible for violating the Policy, the matter will be referred to the appropriate process for disciplinary sanctions or other corrective action facilitated by Human Resources. The decisionmaker may be consulted and consideration of sanctioning factors set forth in this Policy is required. 
    4. Factors. Factors considered when determining sanctions and corrective actions following a decision of responsibility 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; and
      • Any other information deemed relevant by the decisionmaker(s).
    5. The disciplinary 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.
    6. The disciplinary sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.
    7. Disciplinary sanctions and other corrective action may include, but are not limited to, the following:
      1. Students: Required education; referral to external counseling; verbal or written warnings; removal of privileges; removal from the residential system; probation; suspension; no contact directives; restrictions on student enrollment; trespass from campus; expulsion; and other actions as deemed appropriate.
      2. Employees: Required education; referral to external counseling or coaching; performance improvement plans; enhanced supervision; verbal or written reprimand or warning; probation; removal of privileges; denial of pay increases; demotion; denial or delay of promotion; transfer; shift or schedule adjustments; reassignment; restrictions on future employment; no contact directives; trespass from campus; employee leave of absence without pay; suspension or termination of employment; other actions as deemed appropriate. A decision to suspend or dismiss a faculty member is subject to the procedures for Termination of Appointment prescribed in the Faculty Plan of Employment. Sanctions will be reasonably calculated to end the harassment and avoid its repetition.
      3. No party, witness, or others participating in these grievance procedures will be disciplined for making a false statement or for engaging in consensual sexual contact based solely on the determination whether prohibited conduct occurred.
  10. Remedies. If there is a determination that prohibited conduct under this section occurred, as appropriate, the Title IX Coordinator will consult with the Associate Vice President of Human Resources (or designee) and/or the Vice President of Student Development (or designee) to:
    1. Coordinate the provision and implementation of remedies, if any, to a complainant and other people the College identifies as having equal access to the college’s education program or activity limited or denied by sex discrimination;
    2. Confirm coordination of the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
    3. Take other appropriate prompt and effective steps to ensure that sex discrimination or other prohibited conduct does not continue or recur within the College’s education program or activity, including employment.