Section X: Response to Reports

Kalamazoo College is committed to responding to each report of sex- or gender-based discrimination and harassment, sexual assault, dating violence, domestic violence, stalking, and other forms of other prohibited behavior under this Policy.

Initial Assessment and Outreach

Any person may report misconduct to the College. Upon the Title IX Coordinator’s receipt of a report alleging misconduct under this Policy or notice of a report alleging misconduct, the Title IX Coordinator will conduct an initial assessment of the reported information and, where appropriate, respond to any immediate health or safety concerns raised by the report.

As part of the Initial Assessment, the Title IX Coordinator will determine, in consultation with other need-to-know College officials, as appropriate, whether the Policy applies to the report and whether the reported conduct falls within the scope of the Policy.

If a report or formal complaint also implicate other forms of conduct prohibited by the College beyond conduct prohibited by this Policy, the conduct may be referred to the appropriate office or department during or after the allegations set forth in the report or formal complaint are resolved, except those circumstances covered under limited immunity and as long as such referral does not constitute retaliation as prohibited by this Policy.

The Title IX Coordinator (or designee) will contact and communicate the following information (if applicable) to the Complainant (if known): 

  • That the College has received a report indicating that Complainant may have been affected by sexual harassment or another form of prohibited conduct. 
  • Contact information for available confidential resources within the College or in the community. 
  • Reasonably available supportive measures, such as mutual no contact directives, housing changes, and academic schedule changes, where applicable, and that the Office of Gender Equity will consider Complainant’s preferences as to supportive measures.
  • The availability of supportive measures with or without the filing of a formal complaint.
  • A statement that retaliation for making a report, filing a formal complaint or participating in a resolution process is prohibited. 
  • Where a potential crime may have occurred, notice that the Complainant has the right, but not the obligation, to report the matter to law enforcement and to request assistance from the College to report the incident to the Kalamazoo Department of Public Safety or other law enforcement. This option can be pursued simultaneously with or separate from any College resolution or disciplinary processes, and College staff will help facilitate this reporting if requested. The College will cooperate with legal investigations. The Complainant may also decline to notify law enforcement authorities, including Campus Security and police.
  • The College’s investigation and hearing procedures established under this Policy.
  • The importance of preserving evidence. 
  • An offer to meet (virtually or in-person) with the Title IX Coordinator or designee to discuss options for responding to the report. 
  • The process for filing a formal complaint. 
  • The manner in which the College responds to reports of prohibited conduct.
  • Complainant and Respondent are always entitled to reasonably available supportive measures, regardless of whether a formal or alternative resolution process has been initiated.

Formal Complaints

The formal grievance process (investigation and hearing, if applicable) can only be initiated when a formal complaint is signed and filed by the Complainant or the Title IX Coordinator. The requirements for a formal complaint are as follows:

  1. Content: The formal complaint must set forth the specific allegations of prohibited conduct against the Respondent(s), must be signed (in writing or electronically) by Complainant or the Title IX Coordinator, and must request that the College investigate the allegation(s).
  2. Anonymity:  A Complainant cannot be anonymous once a formal complaint is signed.
  3. Consolidation:  The College may consolidate formal complaints involving more than one Complainant or more than one Respondent, including where the allegations of prohibited conduct arise out of the same facts or circumstances. When consolidated, complaints proceed through the formal grievance process jointly, but determinations regarding responsibility will be made as to each party and allegation. 

When the Title IX Coordinator believes that, with or without the Complainant’s desire to participate in a grievance process, a non-deliberately indifferent response to the allegations or other applicable law requires an investigation, the Title IX Coordinator has the discretion to initiate the grievance process by signing a formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a Complainant or otherwise a party under these Grievance Procedures. Further, initiation of a formal complaint by the Title IX Coordinator is not sufficient alone to imply bias or that the Title IX Coordinator is taking a position adverse to the respondent.

Coverage Determinations and Dismissals

If a formal complaint is signed by a Complainant or the Title IX Coordinator and the information in the formal complaint meets the Policy’s coverage criteria, the College will follow the formal grievance process. If a formal complaint meets the Title IX coverage requirements, Title IX regulations require that the formal grievance process include all procedural requirements specific to the Title IX regulations, as set forth in this Policy.

Title IX Coverage and Dismissals

The formal grievance process will include all procedural requirements specific to the Title IX regulations if the conduct in the formal complaint is prohibited conduct as defined under Title IX Sexual Harassment and the following criteria are met:

  1. Complainant is (a) an individual who is reported to have been subjected to Title IX Sexual Harassment (as defined above) in the United States; (b) is a student, employee or third party; and (c) is participating in, or attempting to participate in, the institution’s education program or activity at the time of filing a formal complaint.
  2. Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment prohibited by Title IX (Title IX Sexual Harassment, as defined above). 
  3. The conduct occurred or is occurring in the context of a College education program or activity, including (a) locations, events, or circumstances in which the College exercises substantial control over both the Respondent and the context in which the reported Title IX Sexual Harassment occurred or is occurring and (b) buildings owned or controlled by student organizations officially recognized by the College. 

Dismissal of a Title IX formal complaint must or may be considered as follows:

  • The formal complaint must be dismissed under Title IX if the Formal Complaint does not meet all Title IX Coverage requirements and/or the allegations would not, even if proven, meet the definition of Title IX Sexual Harassment.
  • The formal complaint may be dismissed if (i) the Complainant requests that the complaint be withdrawn or (ii) specific circumstances prevent gathering evidence sufficient to reach a determination. 
  • APPEAL:  If a formal complaint is dismissed under this section, Complainant and Respondent shall receive notice of the dismissal, including notation as to the reason for the dismissal and an explanation of their rights to appeal within five (5) calendar days of the notice of dismissal. 

Other Coverage and Dismissals

If the conduct in the formal complaint does not meet the Title IX Coverage criteria but alleges other prohibited conduct in this Policy and the following criteria are met, the College will proceed under the formal grievance process.

  • Complainant is an individual who is reported to have been subject to conduct prohibited by this Policy.
  • Respondent is an individual who has been reported to have engaged in prohibited conduct.
  • The reported conduct occurred or is occurring:
    • On Kalamazoo College’s campus;
    • On all properties owned or leased by the College;
    • In the context of any education program or activity of the College, regardless of location (including but not limited to service-learning activities, study abroad, and internship programs) where either the Complainant or the Respondent is a member of the College community; or
    • Off campus when the conduct has continuing adverse effects on campus, or in an off-campus program or activity that is sponsored or recognized by the College. 

Dismissal of a formal complaint under this section (Other Coverage) must or may be considered as follows:

  • The formal complaint must be dismissed if the complaint does not meet all of the coverage requirements the Other Coverage criteria and/or the allegations would not, even if proven, meet a definition of prohibited conduct.
  • The formal complaint may be dismissed if (i) the Complainant requests that the complaint be withdrawn; (ii) neither Complainant nor Respondent are affiliated with the College at the time of the filing of the formal complaint; or (iii) specific circumstances prevent gathering evidence sufficient to reach a determination.
  • If a formal complaint is dismissed, Complainant and Respondent shall receive notice of the dismissal, including notation as to the reason for the dismissal. There is no right to an appeal.