C. Procedures for Complaints of Sex-Based Harassment Involving Students

  1. General. The grievance procedures in this section are for prompt and equitable resolution of complaints of sex-based harassment involving a student complainant or student respondent. If either a complainant or a respondent is a student of the College, the procedures in this section apply regardless of the status of the other party.
  2. Student Employees. When a complainant or respondent is both a student and an employee of the College, the College will make a fact-specific inquiry to determine whether the requirements of this section apply. In making this determination, the College will, at a minimum, consider whether the party’s primary relationship with the College is to receive an education and whether the alleged sex-based harassment occurred while the party was performing employment-related work.
  3. Written Notice of Allegations. Upon the initiation of the College’s sex-based harassment grievance procedures under this section, the Title IX Coordinator or designee will provide written notice to the parties whose identities are known with sufficient time for the parties to prepare a response before any initial interview. 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. The notice will include: 
    1. A copy of (or link to) the College’s grievance procedures under this section, and if applicable, and any informal resolution process;
    2. Sufficient information available at the time to allow the parties to respond to the allegations. Sufficient information includes: the identities of the parties involved in the incident(s), the 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 information is available to the College;
    3. Reference to the specific grievance procedure to be followed;
    4. A statement that respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures under this section and that prior to the determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
    5. A statement that parties may have an advisor of their choice who may be, but is not required to be, an attorney; 
    6. A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence and an investigation report that accurately summarizes this evidence;
    7. A statement that the College’s student code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance procedure;
    8. A statement that retaliation is prohibited;
    9. A statement that parties should preserve evidence to the extent possible; and
    10. A statement regarding any other rights or options.
  4. Delay of Notice. To the extent the College has reasonable concerns for the safety of any person as a result of providing this notice, the College may reasonably delay providing written notice of the allegations in order to address the safety concern appropriately. Reasonable concerns must be based on individualized safety and risk analysis and not on mere speculation or stereotypes.
  5. 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 will:
    1. Seek to gather and will review all relevant, available items and information, including but not limited to testimony, documents, electronic communications, photographs, videos, voice recordings, and material objects.
    2. Determine what evidence is relevant and what evidence is impermissible regardless of relevance.
    3. Provide reasonable status updates to the parties.
    4. Provide status updates regularly to the Title IX coordinator.
    5. Not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a nurse practitioner, physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the College obtains that party’s voluntary, written consent to do so.
    6. Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate;
    7. Seek to meet with each available party 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.
    8. Provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding; however,  advisors are subject to the College’s restrictions regarding the extent to which the advisor may participate in the grievance procedures. These restrictions apply equally to the parties.
    9. Allow parties to propose to the investigator relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses. Each party may propose such questions that the party wants asked of any party or witness.
    10. Ask each of the party’s questions (if relevant and not otherwise impermissible) of the other party or witness(es) during one or more individual meetings, including follow-up meetings. The investigator will audio record the questions and the party’s and witness’ respective responses. The relevant and not otherwise impermissible questions and answers will be included as evidence. If questions are excluded, the investigation report will set forth the investigator’s reasoning for the decision.
    11. Prior to asking a party’s proposed question, determine whether a proposed question is relevant and not otherwise impermissible; request and provide an opportunity for a party to clarify or revise a question that is unclear or harassing of another party or witness. Questions that are unclear or harassing of a party or witness being questioned will not be permitted.
    12. 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.
    13. Interview all available, relevant witnesses and conduct follow-up interviews as necessary, including asking relevant and not otherwise impermissible questions, and challenging credibility to accurately determine relevance when evaluating one or more allegations. Provide each interviewed witness an opportunity to review and verify the investigator’s summary of their interview.
    14. Allow for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice to the parties that includes the reason for the delay.
  6. Preliminary Investigation Report, Evidence Review, and Response. Prior to the conclusion of the investigation, the investigator will provide both parties and their respective advisors an equal opportunity to review and respond to the evidence as follows:
    1. Both parties will be provided access to the relevant and not otherwise impermissible evidence and the same written preliminary investigative report that accurately summarizes this evidence. A copy of the preliminary investigation report will also be provided to the Title IX coordinator.
    2. Each of the parties will be given a reasonable opportunity to propose relevant and not otherwise impermissible follow-up questions to be asked by the investigator of the other party and witnesses. Each party has five (5) calendar days to review and respond in writing to the evidence and investigator report, including providing the names and contact information for any additional witnesses for the investigator to consider. Parties and their respective advisors may propose written follow-up questions that are relevant and not otherwise impermissible to be asked by the investigator of any party or witness. Relevant and permissible follow-up questions will be asked by the investigator during one or more individual meetings. The investigator will audio record and/or create a transcript of the recording of the follow-up questions and responses and incorporate relevant, not otherwise impermissible responses into the final investigator report.
    3. Both parties will be provided access to an audio recording (or transcript) of the questions proposed by one party and asked by the investigator of the other party and witnesses in one or more meetings. Sharing or talking about the audio recordings and/or transcripts with those not involved in the grievance process will be considered “unauthorized disclosure.”
  7. Evidentiary Decisions. The investigator will make evidentiary decisions and has discretion to determine relevancy of questions and evidence.
  8. Final Investigation Report. Both parties will be provided the same written final investigative report that accurately summarizes relevant, not otherwise impermissible evidence. The final investigation report will include a recommendation to the decisionmaker as to whether the prohibited conduct occurred in violation of the Policy.
  9. Standard of Proof. The standard of proof requires the investigator and decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness under preponderance of evidence standard.
  10. Final Determination. The final determination will be made by a decisionmaker who is not the investigator. Prior to making a final determination, the decisionmaker will:
    1. Thoroughly review the final investigation report and relevant evidence that is not otherwise impermissible;
    2. To adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of prohibited conduct, and determine whether to meet with the parties and witnesses to conduct further questioning. The decisionmaker will make evidentiary decisions and has discretion to determine relevancy of questions and evidence.
    3. The decisionmaker will provide regular status updates to the Title IX coordinator.
    4. Prepare a written determination following an investigation and evaluation of all relevant and not otherwise impermissible evidence. The written determination should include the following (to the extent applicable):
      • Detailed incorporation of applicable sections of the final investigation report;
      • A description of the alleged prohibited conduct;
      • Information about the policies and procedures used to evaluate the allegations;
      • The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether the prohibited conduct occurred;
      • When the decisionmaker finds that prohibited conduct occurred, any disciplinary sanctions the College will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the College to the complainant, and, to the extent appropriate, other students identified by the College to be experiencing the effects of the sex-based harassment; and
      • The procedures for the complainant and respondent to appeal.  
    5. The written determination will be provided to the parties simultaneously.
    6. The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.  
  11. 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 that respondent is responsible violating this Policy, the College will take immediate and proportionate corrective action.
    1. 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. 
    2. 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. 
    3. 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).
    4. Effective Date and Implementation. The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested. The responsible unit is required to provide the Title IX Coordinator with written notification of the discipline, sanction(s), or corrective actions and confirmation of timely implementation. 
    5. Not Exclusive. The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.
    6. Range of Disciplinary Sanctions. Disciplinary sanctions and other corrective action may include, but are not limited to:
      1. Students. Required education; referral to 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 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.
    7. 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.
  12. 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.
  13. Appeals. The College offers the following process for appeals from a final determination under this section.
    1. Grounds. 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 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 the individual complainant or respondent that would change the outcome; and
      4. Disciplinary sanctions imposed for student respondents were inappropriate for the prohibited conduct found to have occurred.
    2. Written Statements. 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.
    3. Decisionmakers. 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 was an investigator or decisionmaker in the matter at issue, the President will designate the person to determine the appeal.
    4. 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).
    5. Parties will receive notification of the result of the appeal in writing and the rationale for the result.