If, after an initial assessment and determination of coverage, the formal complaint is referred for a formal investigation, the College will begin the investigation process. The College will provide a prompt, fair, and impartial investigation and resolution to all complaints of discrimination and harassment that are prohibited under this Policy. Investigations are conducted by officials who receive annual training on the issues related to sexual harassment, domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process. Investigation and resolution procedures are intended to protect the rights of both the Complainant and the Respondent, to protect privacy, and prevent retaliation. Procedures in this section apply regardless of the party’s status (Complainant or Respondent). Parties may be also subject to the specific, relevant portions of the Student Code of Conduct, Employee Handbook, Faculty Handbook.

General Provisions

Timeframe for Completion After Formal Complaint; Extension for Good Cause

An investigation after the filing of a formal complaint will, in most cases, be completed within ninety (90) days, and a written decision following a hearing or review, if applicable, will be issued within thirty (30) days. These time periods may be extended for good cause at the discretion of the Title IX Coordinator or designee, if deemed necessary to conduct a thorough investigation, to protect the rights of all parties, or for other reasonable considerations, including absence of a party, a party’s advisor, or a witness; or the need for language assistance or accommodation of disabilities. Parties will be sent written notice of any delay or extension, including the reason for the delay or extension.

Equitable Treatment

All procedures, rules, and practices adopted as part of the formal grievance process will apply equally to both parties. Parties will receive identical copies of all investigation reports and written decisions.

Presumption of Non-Responsibility and Standard of Evidence

A Respondent is presumed to be not responsible for the reported conduct until a determination regarding responsibility is made at the conclusion of the applicable formal grievance process. The presumption may be overcome only where a preponderance of the evidence supports a finding that the Respondent is responsible for violating this Policy. 

Standard of Proof

The standard of proof is “preponderance of evidence.” “Preponderance of the evidence standard” means that the Respondent will be found responsible if, based upon all relevant evidence, it is “more likely true than not” that Respondent is responsible for the reported conduct. If the evidence on a particular allegation is equally balanced, then that allegation is not “more likely true than not.”

No Conflicts of Interest

The College does not allow conflicts of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent by its Title IX Coordinator(s), investigators, hearing officers, or other persons making decisions regarding allegations under this Policy, grievance process, or related practices or protocols. A conflict of interest exists when an individual’s knowledge of the matter or personal or professional relationship with a Complainant, Respondent, or witness would preclude the individual from being able to investigate or decide the case fairly and impartially. Any concern regarding bias or conflict of interest should be promptly submitted to the Title IX Coordinator.

Permissive Discussions

This Policy does not restrict the ability of any party to discuss the allegations under investigation or to gather and present relevant evidence or present witnesses. However, parties are prohibited from discussing or disseminating the allegations in a manner that constitutes retaliation or violates FERPA. Employees may not disclose FERPA-protected information regarding students. In addition, parties should consider whether discussing allegations with a witness or another party would negatively impact a determination of the credibility of the witness or party.

Limited Immunity: Alcohol and Drug Use 

The College strongly encourages students to report incidents violating this policy. Therefore, students who act responsibly by reporting to the appropriate authorities information about conduct violating this policy typically will not face College disciplinary action for their own drug or alcohol possession or consumption in connection with the reported incident.

Investigation Process

The investigation is a neutral fact gathering process. The investigation shall be fair and impartial and not rely upon stereotypes. 

Notice of Investigation

Once a formal complaint is received, the Title IX Coordinator will notify the Complainant(s) and the Respondent(s), in writing, of the initiation of an investigation. In the notice of investigation, the Title IX Coordinator or Assistant Vice President of Human Resources (in matters involving employee Respondents) will identify the parties; specify the date, time, location, and nature of the reported prohibited conduct; identify potential policy violations; identify the investigator; explain the availability of supportive measures, confidential resources, and the right to an advisor of a party’s choosing (including the availability of College provided advisors for hearings); and an instruction to the parties to preserve any potentially relevant evidence. In most cases, the Assistant Vice President of Human Resources will serve as the investigator in matters involving employee respondents.

Meeting Notifications

The investigator will notify and seek to meet separately with the parties and third-party witnesses. The investigator will provide written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with sufficient time for the party to prepare to participate in a meaningful way.

Advisors

The Complainant and the Respondent are entitled to the same opportunities to have an advisor present during any meeting, interview, and institutional disciplinary proceeding or appeal proceeding.

• Advisors may be any individual chosen by a party, not limited to members of the College community.
• Advisors are responsible for conducting any questioning and cross-examination of parties or witnesses that occurs during the course of any hearing. Cross- examination may not be done by parties themselves.
• If a party does not have an advisor for the hearing, the College shall appoint an advisor at no cost to the party.
• The College reserves the right to limit the nature of participation of advisors if such participation violates any policy of the College or to protect the rights of individuals involved in the hearing process.

Status Updates

The parties will receive regular updates regarding the status of the investigation. 

Burden of Gathering Evidence

The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties. Notwithstanding, the College cannot 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 the professional’s or paraprofessional’s capacity, or assisting in that 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.

Evidence Gathering

The investigator will seek to gather relevant and available information including, without limitation, electronic or other records of communications between the parties or witnesses, photographs, and/or medical records (subject to the voluntary, written consent of the applicable party).

• Individuals involved in a report of prohibited conduct should preserve evidence to the extent possible. The YWCA advocate can advise on or assist with the preservation of evidence.
• Both Complainant(s) and Respondent(s) will have an equal opportunity to identify potential witnesses and provide any evidence or other information relevant to the investigation. The investigator will review and determine the relevance of any proffered information and evidence.

Witness Statements

Witness statements may be considered as evidence as permitted by this Policy. Witnesses will be provided an opportunity to review the investigator’s summary of their interview.

Relevance

Evidence is considered relevant if it has a tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in making a determination regarding responsibility.

Experts

Parties may propose medical or scientific experts. In matters involving Title IX allegations, the Title IX Coordinator will determine whether an expert is needed and shall not utilize medical or scientific experts that have an actual or apparent conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainants or Respondent. Any expert witness determined to have an actual or apparent conflict of interest shall be prohibited from serving as an expert witness or otherwise participating in the investigation or grievance process of the matter for which the conflict exists absent a waiver by all parties. If a decision maker relies on an expert, the expert will be identified in any final written report or decision and will reflect that the Title IX Coordinator determined that the expert did not have a conflict of interest.

Prior or Subsequent Conduct

Prior or subsequent conduct of the Respondent may be considered in determining pattern, knowledge, intent, motive or absence of mistake. For example, evidence of a pattern may be deemed relevant if the prior or subsequent conduct is substantially similar to the conduct under investigation.

Prior Sexual History

Questions or evidence about a Complainant’s sexual history, sexual identity, and prior sexual experiences are prohibited. Questions and evidence about a Complainant’s prior sexual behavior are prohibited subject to two exceptions: (1) if offered to prove that someone other than the Respondent committed the reported prohibited behavior; or (2) if the question or evidence concerns sexual behavior between the Complainant and the Respondent and is offered to prove consent for the reported prohibited conduct.

Standard of evidence

The College uses the preponderance of the evidence standard to determine whether the alleged conduct has occurred, irrespective of the status of the Complainant or Respondent.

Evidence Review By Parties

At the end of the investigation, the investigator will give each of the parties an equal opportunity to inspect and review all evidence (inculpatory and exculpatory) that directly relates to the allegations in the formal complaint. Each party will have ten (10) calendar days to respond in writing to the investigator, including providing the names and contact information for any additional witnesses for the investigator to consider, and submitting written, relevant questions that a party wants asked of any party or witness, and limited follow-up questions. The investigator will consider the written responses.

Investigation Report

Following the parties’ review of the evidence, the investigator will prepare a written investigation report fairly summarizing the investigation and relevant evidence directly related to the allegations. The investigator will provide the investigation report and make relevant evidence available to the parties and their respective advisors. 

Final Decision: Investigator Findings in Non-Title IX Matters

if there is no Title IX coverage or in matters that are not otherwise entitled to hearings under Title IX (such as discrimination based upon sex; parental, family, or marital status; or pregnancy or related conditions), the investigator will determine whether a party is responsible for violating this Policy once the investigation has concluded.

The investigator shall evaluate the evidence and decide, based on a preponderance of the evidence, whether the Respondent is responsible for violating this Policy. The investigator shall objectively evaluate all relevant evidence—including both inculpatory and exculpatory evidence—and credibility determinations shall not be based on a person’s status as a Complainant, Respondent, or witness. The investigator will provide the parties and their respective advisors a date upon which they will receive the written decision. 

The investigator will summarize in writing the reasons for determinations regarding responsibility, including findings of fact, conclusions about whether it “is more likely true than not” that Respondent is responsible for the reported conduct, and the rationale for the results as to each allegation. Where applicable, the decision will also include whether remedies will be provided to the Complainant(s) and any disciplinary sanctions.

The investigator will provide the written decision to the parties simultaneously. The parties will also be informed in writing of the right to appeal and the appeal procedures.

If a matter is eligible for a hearing, the investigator will not determine whether a party is responsible for violating this Policy. The investigator will refer the matter to a hearing panel for final determination as to whether a party is responsible for violating this Policy.

Hearing Process

Hearing Eligibility

Formal complaint allegations of Title IX sexual harassment are eligible to be decided by a hearing panel. In such matters, investigators will not make final determinations as to the Title IX sexual harassment allegations.

Response to Investigation Report in Cases with Hearing Eligibility

If a case is eligible for a hearing, following the issuance of the investigation report, parties and advisors have ten (10) calendar days to review and respond in writing to the investigation report and evidence, including providing appropriate context and correction as well as arguments about whether all of the evidence is relevant, the investigator reached a wrong conclusion about the relevance of evidence, or whether relevant evidence has been omitted. Parties’ responses to the investigation report should be provided directly to the Title IX Coordinator, who will forward to the hearing panel, if applicable. 

Hearing Panel Process

If a matter is hearing eligible, the parties have the right to a live hearing and the ability to ask questions and cross-examine parties and witnesses through their advisor of choice. Hearings will be conducted by two, neutral, unbiased hearing panelists who are trained in Title IX and this Policy; neutral and unbiased; and not involved in any other portion of the process in a particular case. 

Notice

The hearing panel through the Title IX Coordinator (or designee) will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of the hearing, or other meetings, with sufficient time for the party to prepare to participate in a meaningful way.

Technology

Technology will be used to allow a party to appear virtually during a hearing. The College will take steps to ensure that all parties, advisors, witnesses, and hearing panel members can access adequate technology to meaningfully participate. All hearing panel members will be trained in the use of technology required to conduct a hearing virtually, when necessary.

Decorum

The hearing panel is responsible for conducting an orderly, fair, and respectful hearing and has broad authority and discretion to respond to disruptive or harassing behaviors, including adjourning the hearing or excluding disruptive persons.

Cross-Examination

At the hearing, each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Cross-examination will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. Complainants and Respondents will not be located in the same room for a hearing. Hearings are typically conducted virtually with technology that provides for simultaneous audio and visual participation.

Recording

The College will create a video or audio recording of the hearing and make it available to the parties for inspection and review upon request. Hearings are closed to the public.

Evidentiary Decisions

The hearing panel makes evidentiary decisions and has discretion to determine relevancy of questions and evidence. The hearing panel retains the right to exclude questions or evidence that are not relevant. Before a Complainant, Respondent, or witness answer a question, the hearing panel must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

Advisor and Support Persons

Parties may ask questions of the other party and/or witnesses only through an advisor. Parties may have an advisor of their choosing at the hearing. If a party does not have an advisor for a hearing, the College will provide an advisor of the College’s choice without fee or charge to the party. Parties may also have a support person present during the hearing subject to FERPA restrictions. Advisors and support persons (if permitted) are required to abide by the rules of decorum.

Failure to Appear or Submit to Cross-Examination

Participation in the hearing is voluntary and the College cannot compel a party or witness to participate. No inferences or assumptions will be drawn with regard to a party’s decision not to provide a statement, be interviewed, or submit to cross-examination. However, failure to answer questions at the hearing will impact the information the hearing panel may consider. 

Hearing Panel Decision Regarding Responsibility

At the conclusion of the investigation and hearing, the hearing panel shall evaluate the evidence and decide, based on a preponderance of the evidence, whether the Respondent is responsible for violating this Policy. The decision-maker shall objectively evaluate all relevant evidence—including both inculpatory and exculpatory evidence—and credibility determinations shall not be based on a person’s status as a Complainant, Respondent, or witness. The decision-maker will provide the parties and their advisors a date upon which they will receive the written decision. 

The hearing panel will explain in writing the reasons for determinations regarding responsibility, including findings of fact, conclusions about whether it “is more likely true than not” that Respondent is responsible for the reported conduct, and the rationale for the results as to each allegation. The procedural steps in the investigation will also appear in the written decision so that both parties have a thorough understanding of the investigative process that led to the determination regarding responsibility. Where applicable, the decision will also include whether remedies will be provided to the Complainant(s) and any disciplinary sanctions.

Simultaneous Notification of Decision

The hearing panel, typically through the Title IX Coordinator or designee, will provide the written decision to the parties simultaneously. The parties will also be informed in writing of the right to appeal and the appeal procedures.

Appeal Process

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 decision.

Grounds for Appeal

There are three (3) grounds upon which a party (Complainant and/or Respondent) may appeal:

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 decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

Process

• Students wishing to appeal a decision should refer to the processes contained in the Student Code of Conduct.
• Employees may appeal in writing to the President. The President (or designee) decides whether an appeal will be heard. If the President (or designee) deems that the written appeal meets the above requirements, the President will assign the appeal to the appropriate process for consideration. 
• An appeal must not be decided by the same persons who served as hearing panel members or investigators for the case.
• The Title IX Coordinator will make available the formal complaint, the investigative report, the hearing recording, all statements introduced at the hearing, any other evidence considered by the hearing panel, the written findings, and the written appeal submissions with the appropriate appeal decisionmaker(s). In addition, if an appeal raises procedural issues, the Title IX Coordinator may provide the appeal decisionmaker(s) additional information relevant to those issues. 
• In the event that the appeal decisionmaker(s) determines that the decision of the hearing panel should be overturned, the appeal decisionmaker(s) will specify, after consultation with the Title IX Coordinator and other College administrators as necessary, the appropriate steps to be taken to come to a final resolution of the formal complaint (which may include another hearing before the same hearing panel or a different one).

Sanctions, Discipline, and Remedies

If a Respondent is found responsible for violation of this Policy, the decision-maker (Hearing Panel or Investigator) will include a sanction in the decision. If an appeal is filed, the implementation of a sanction or discipline may be delayed until the decision regarding responsibility becomes final. 

• Student Respondent:  If a student is found responsible for violating the Policy, the sanction will be referral to the appropriate process for discipline under the Student Code of Conduct after consultation with the decision-maker and consideration of sanctioning factors. 
• Faculty, Staff, or Other Respondent:  If a faculty member, staff, or other non-student respondent is found responsible for violating the Policy, the sanction will be referral to the appropriate process for discipline or corrective action facilitated by Human Resources. 
• Sanctions and discipline for a finding of responsibility will be informed by the nature and the gravity of the misconduct. Sanctions and discipline may include, but are not limited to, referral to counseling, required education, verbal or written reprimand or warning, probation, removal of privileges, restrictions on enrollment, no contact directives, trespass from campus, removal from the residential system, leave of absence without pay, suspension or termination of employment. 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.
• 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. 
• For matters with Title IX coverage, remedies are designed to restore or preserve a Complainant’s equal access to the College’s education programs or activities and may include counseling, academic accommodations, academic support, or employment accommodations.  Other remedies may include targeted or broad-based educational programming or training. The Title IX Coordinator or designee is responsible for effective implementation of remedies.