Kalamazoo College (the College) is committed to fostering an inclusive and supportive campus for all. As set forth in its Nondiscrimination Policy, the College is committed to equal rights, equal opportunities, and equal protection under the law and strictly prohibits unlawful discrimination and harassment in its employment practices and its education programs, activities, and services on the basis of race, color, religion, age, sex, national origin, height, weight, marital status, familial status, veteran status, genetic information, disability, sexual orientation, gender identity, gender expression, or any other characteristic or status protected by applicable local, state, or federal law.

As part of this commitment, the College’s Policy Against Harassment (On the Basis Of Protected Characteristics) and Sex Discrimination aims to clearly define the following:

• Title IX Prohibited Conduct
  • Title IX sex discrimination, Title IX sexual harassment (including Title IX sexual assault, Title IX domestic violence, Title IX dating violence, and Title IX stalking), and Title IX retaliation consistent with the Title IX of the Higher Education Amendments of 1972, 20 U.S. C. § 1681 et seq.
• Other Prohibited Conduct
  • Discrimination on the basis of sex, sexual orientation, gender identity and expression, sex-based harassment (including sexual assault, domestic violence, dating violence, and stalking), and retaliation as these terms are defined by this Policy and applicable law.
  • Harassment on the basis of protected characteristics as these terms are defined by this Policy and applicable law.
  • Consensual relationships of a sexual nature between employees and students.

The Policy also sets forth the following:

• Title IX Process and Grievance Procedures
  • Title IX processes for how to report Title IX prohibited conduct and/or file a Title IX formal complaint and how the College will respond to a report or Title IX formal complaint; and
  • Title IX grievance procedures that provide for the prompt and equitable resolutions of Title IX sexual harassment formal complaints.
• Other Processes and Grievance Procedures
  • Processes for how to report other prohibited discrimination and harassment on the basis of protected characteristics and how the College will respond; and
  • Grievance procedures that provide for prompt and equitable resolutions of allegations of harassment on the basis of protected characteristics and sex-based harassment.

The College's policies, processes, and grievance procedures are consistent with applicable law, including but not limited to Title IX of the Higher Education Amendments of 1972, 20 U.S. C. § 1681 et seq. (Title IX), Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e–2000e17 (as amended) (Title VII), and the Elliott-Larsen Civil Rights Act (1976) of the State of Michigan, MCLS § 37.2101 et seq.

This Policy applies to all of the College's students, faculty, staff, other employees, and volunteers and to other individuals participating in or attempting to participate in the College's education program or activity, including employment.

The Policy applies to prohibited conduct that occurs:

1. On the College’s campus or other properties owned or leased by the College;
2. During participation or attempted participation in a College education program or activity regardless of location; and/or
3. Off the College's campus and/or outside of a College education program or activity, if the conduct has continuing adverse effects on campus or within a College program or activity, including employment.  

Coverage requirements applicable to Title IX prohibited conduct is set forth below.

There are multiple options to report prohibited conduct under this Policy, including: 

In person or in writing to the Title IX Coordinator. Such a report may be made at any time (including non-business hours) by using the telephone number, email address, or mailing address listed for the Title IX Coordinator below.

In person or in writing to the Associate Vice President of Human Resources. Such a report may be made at any time (including non-business hours) by using the telephone number, email address, or mailing address below.

Online using the reporting form. Anonymous reports are accepted through the reporting form.  

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Anyone who becomes aware of criminal conduct is encouraged to immediately report to Campus Safety at 269.377.7321 and to the City of Kalamazoo Department of Public Safety (911) or to their local police/public safety department. Individuals have the option to notify law enforcement/public safety directly, or to be assisted in doing so by the College.  

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Reports of prohibited discrimination and harassment involving students may also be made to J. Malcolm Smith, the Vice President for Student Development, Malcolm.Smith@kzoo.edu, 269.337.7209.

Reports are generally not considered formal complaints or requests for investigations. In many circumstances, additional information may be necessary before an investigation may proceed or other action taken. A formal complaint is not required to receive supportive measures.

Employee responsibilities to report are set forth in Section IV (Mandated Reporting).

A. Mandated Reports. Any College employee, unless deemed confidential, is required to promptly notify the Title IX Coordinator or the Associate Vice President of Human Resources about conduct that may reasonably be believed to be prohibited by this Policy. Notifications must include the information and details disclosed and may be submitted in-person, by phone or email, or by submitting the reporting form.

Even if not a mandated reporter, all members of the College community are strongly encouraged to report conduct that they believe may be prohibited by this Policy or the Nondiscrimination Policy, whether experienced firsthand, observed, or learned.

B. Confidential College Employees. Confidential employees are not required to notify the Title IX Coordinator or anyone else at the College about conduct that may prohibit this Policy if they receive the information within the scope of their confidential roles. Confidential employees are encouraged to provide the contact information of the Title IX Coordinator or the Associate Vice President of Human Resources and information about the process to submit a report. 

C. External Confidential Resources. There are confidential resources that are external to the College that will not disclose any information to the College. Examples include:

YWCA Victim Services
269.385.3587 (24-Hour Crisis Hotline)
269.345.5595 (General Contact)

Gryphon Place
211 or 269.381.4357
24-hour support for individuals in crisis

The National Domestic Violence Hotline
1.800.799.SAFE (7233)
24-hour support in many languages

National Sexual Assault Hotline
1.800.656.HOPE (4673) or chat at online.rainn.org
24-hour free and confidential support

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Additional resources may be found on the College’s Victim Services Resource Collective website.

The following terms are referenced throughout the Policy. 

A. Complainant. An individual who is alleged to have been subjected to prohibited conduct.

B. Consent. The act of freely, actively, and willingly agreeing to engage in sexual behavior. Consent may be asked for and given verbally or through non-verbal communication or actions. Consent can be withdrawn at any time by communicating words or actions to the other person. Consenting to one sexual act does not imply consent to another sexual act. Whether someone has given consent is based on the totality of the circumstances and is determined by reference to a reasonable person in the same or similar circumstances. Consent cannot be inferred from silence, passivity, or a lack of resistance. Consent cannot be inferred from a current or previous dating or sexual relationship. A person is considered to be incapable of giving consent if they are asleep, unconscious, otherwise unable to communicate, incapacitated due to alcohol and/or drugs, a minor who is under the age of 16, or mentally handicapped.        

C. Formal Complaint. A physical or electronic document submitted by a ocmplainant (or signed by the Title IX Coordinator) alleging prohibited Title IX sexual harassment against a respondent and requesting that the College investigate the allegation(s). The document must contain complainant's physical or digital signature, or otherwise indicate that complainant is the person filing the formal complaint. At the time of filing a formal complaint, complainant must be participating in or attempting to participate in a College education program or activity.

D. Incapacitated. A state in which a person cannot understand the nature of the act, cannot understand the right to refuse to participate in the act, or not capable of being aware of or understanding that the sexual activity is occurring. Incapacitation may be the result of the effects of alcohol, narcotics, drugs, or other substances, physical injury, or other reasons that the respondent knows or should have known based on a reasonable person standard.

E. Party. A complainant or respondent.

F. Prohibited Conduct. Defined in Section VI.

G. Relevant. Directly related to the allegations of the prohibited conduct under investigation and determination as part of the Policy’s grievance procedures and having value in determining whether prohibited conduct occurred. Questions are relevant when they seek evidence that may aid in showing whether the alleged prohibited conduct occurred. Evidence is relevant if it may aid the decision-maker in determining whether the alleged prohibited conduct occurred by having value or tendency to make a fact more or less probable than it would be without the evidence.

H. Respondent. A person who is alleged to have engaged in prohibited conduct in violation of this Policy. 

I. Supportive Measures. Defined in Section VII.

A. Title IX Prohibited Sex Discrimination and Sexual Harassment

Title IX of the Higher Education Amendments of 1972, 20 U.S. C. § 1681, et seq. (Title IX) prohibits discrimination on the basis of sex. Consistent with Title IX and corresponding regulations and applicable law, the College prohibits discrimination on the basis of sex with regard to any person in the United States, including exclusion from participation in, denial of benefits of, or discrimination under any education program or activity, including but not limited to, employment, academic, extracurricular, research, occupational training, or other education program or activity operated by the College.

Title IX sexual harassment is a form of Title IX sex discrimination and means conduct on the basis of sex (as defined by Title IX, including corresponding regulations and applicable law) that satisfies one or more of the following: 

1. An employee of the College conditioning a provision of aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
2. Unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education, program, or activity as determined by a reasonable person standard.
3. Other sexual offenses defined in the following statutes and detailed below: ‘‘sexual assault’’ as defined in 20 U.S.C. 1092(f)(6)(A)(v), ‘‘dating violence’’ as defined in 34 U.S.C. 12291(a)(10), ‘‘domestic violence’’ as defined in 34 U.S.C. 12291(a)(8), or ‘‘stalking’’ as defined in 34 U.S.C. 12291(a)(30).
   1. Sexual Assault (Title IX).
      1. Rape. Non-consensual penetration of a genital, anal, or oral opening of another person by use of an object, instrument, digit, or other body part. An “object” or “instrument” means anything other than a Respondent’s genitalia or other body part. This includes forcing an individual to use an object, instrument, or digit to penetrate another individual as well as oral penetration by a sex organ of another person.
      2. Fondling. The touching of the private body parts of another person for the purpose of sexual gratification without consent. 
      3. Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees where marriage is prohibited by Michigan law.
      4. Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent of 16.
   2. Dating Violence (Title IX). An assault or assault and battery committed on the basis of sex by a person: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.
   3. Domestic Violence (Title IX). Violence committed on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan, or by any other person against whose acts an adult or youth Complainant is protected under the domestic or family violence laws of Michigan.
   4. Stalking (Title IX). Engaging in a course of conduct on the basis of sex and directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

Title IX encompasses the prohibited conduct described in this section (VI.A.) if the prohibited conduct occurs:

• On the basis of sex; and
• Against a person in the United States; and
• In the College's education program or activity, meaning locations, events, or circumstances over which the College exercises substantial control over both the respondent and the context in which the Title IX prohibited conduct occurs; and
• At the time of the filing of a formal complaint, the complainant is participating in or attempting to participate in a College education program or activity.

Allegations of prohibited conduct that do not meet all of the Title IX requirements may constitute other forms of prohibited conduct under separate Policy provisions.

B. Prohibited Discrimination on the Basis of Protected Characteristics

Separate from Title IX, there are other federal laws and state laws that prohibit discrimination and harassment on the basis of protected characteristics. Consistent with applicable federal, state, and local laws and regulations prohibiting discrimination, the College prohibits unlawful differential treatment of an individual(s) with respect to an individual’s participation in an education program or activity based on the individual’s actual or perceived legally protected characteristic of sex, sexual orientation, gender identity or expression, pregnancy or pregnancy related conditions, race, color, religion, age, national origin, height, weight, marital status, familial status, veteran status, genetic information, disability, or any other status protected by applicable state or federal law.

Discrimination includes unlawfully (1) excluding an individual from participation in; (2) denying the individual benefits of; or (3) adversely affecting a term, condition, or privilege of the individual’s participation in any College education program or activity on the basis of/because of such individual's legally protected characteristic. This includes College employment, academics, extracurriculars, research, occupational training, or any other education program or activity and any other employment practice that is prohibited by applicable law.

C. Prohibited Sex-Based Harassment

‘‘Sex-based harassment’’ is prohibited conduct that is not Title IX sexual harassment or prohibited conduct that does not meet Title IX requirements. Sex-based harassment includes quid pro quo sexual harassment; hostile environment harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity or expression; and the four specific offenses referenced in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act (‘‘Clery Act’’) as amended by the Violence Against Women Reauthorization Act of 2013.

1. Quid Pro Quo Sexual Harassment. An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct. Quid pro quo harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
   • An example is a supervisor threatening to terminate, transfer, or demote an employee or student employee if sexual favors are not given or continued.
2. Hostile Environment Sexual Harassment. Unwelcome sexualized conduct or non-sexual conduct based on/because of a protected characteristic that, considering the totality of circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity, including employment. Hostile environment harassment includes such conduct that has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive environment.
   • In determining whether conduct constitutes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or gender expression, the totality of the circumstances must be considered in a fact-specific inquiry including consideration of the following: 
     • The nature of the conduct;
     • The degree to which the conduct affected the complainant’s ability to access the College’s education program or activity;
     • The type, frequency, and duration of the conduct;
     • The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
     • The location of the conduct; and
     • The context in which the conduct occurred.
   • To establish a hostile environment, the offensive conduct must be severe or pervasive enough to create an environment that a reasonable person would find hostile or abusive. The behavior must be objectively offensive to a reasonable person and subjectively offensive to the complainant. Sexual harassment is often a pattern of offensive behaviors. A single incident may also constitute sexual harassment if severe.
   • Examples of harassing conduct based on sex may include:
     • Conduct of a sexualized nature, such as unwanted conduct expressing sexual attraction or involving sexual activity (e.g., “sexual conduct”); sexual attention; or discussing or displaying visual depictions of sex acts or sexual remarks.
     • Non-sexual conduct based on sex, such as sex-based epithets; sexist comments (such as remarks that a certain sex does not belong in management or in a particular profession); facially sex-neutral offensive conduct motivated by sex (such as bullying); or offensive jokes or teasing about sexual orientation or gender identity.
3. Sexual Assault. Sexual assault is an umbrella term that refers to the four specific Clery offenses.
   1. Sexual Assault. Penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.
   2. Fondling. The touching of private body parts for the purpose of sexual gratification without complainant’s consent, including instances where complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. This includes nonconsensual touching of private body parts and/or having another person touch private body parts without their consent.
   3. Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law in the state of Michigan.
   4. Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent of 16.
4. Dating Violence. Violence committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
5. Domestic Violence. Felony or misdemeanor crime of violence committed by a person:  (i) who is a current or former spouse or intimate partner of the victim; (ii) who shares a child in common with the victim; (iii) who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (iv) who is similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Michigan or the state in which the crime of violence occurred; or (v) against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
6. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person (i) to fear for their own safety or the safety of others or (ii) suffer substantial emotional distress. For the purposes of this definition:
   • Course of conduct means two or more acts, including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
   • Substantial emotional distress means significant mental suffering or anguish.
7. Sexual Exploitation. Taking non-consensual sexual advantage of another for one’s own benefit or for the benefit of anyone other than the person being exploited.
   1. Sexual Voyeurism. Intentionally observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed. This includes taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures or video without the person’s consent, whether dissemination occurs online or not), including the making or posting of revenge pornography.
   2. Synthetic or Manipulated Sexual Images. Creating or sharing synthetic media or manipulated media of an actual person engaging in sexual activity or sexually explicit communication that never transpired or of an identifiable, actual person placed in a fictitious pornographic or nude (total or in a state of undress so as to expose a private body part) situation without the actual person’s consent and without a defense prescribed by the state of Michigan. Media includes images, videos, text, or audio representations. Identifiable includes by virtue of the actual person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable features, or from information displayed in connection with the digital depiction.
   3. Infecting Another with a Sexually Transmitted Infection/Disease. Engaging in sexual activity with another person while knowingly having a sexually transmissible condition without informing the other person of the condition prior to engaging in the sexual activity that is likely to transmit the condition and not taking measures to prevent transmission, including viral suppression or being noninfectious, condom use, and partner PrEP use.
   4. Causing Incapacitation. Causing incapacitation of another person (through alcohol, drugs, or other means) for the purpose of compromising that person’s ability to give consent to sexual activity.
   5. Identity Misappropriation. Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections.
   6. Extortion. Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts that person’s nudity or sexual activity.
   7. Solicitation of a Minor. Knowingly soliciting a minor for sexual activity.
   8. Prostituting. Prostituting another person.
   9. Sex Trafficking. Use of force, fraud, or coercion to compel a person into commercial sex acts or labor against that person’s will.
   10. Child Pornography. Knowingly creating, possessing, or disseminating child sexual abuse images or recordings.

D. Prohibited Discriminatory Harassment on the Basis of Race, Color, Religion, Age, National Origin, Height, Weight, Veteran Status, or Disability

Prohibited discriminatory harassment is unwelcome conduct on the basis of actual or perceived protected characteristic(s) that, based on the totality of the circumstances, is subjectively and objectively offensive and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College's program or activity, including employment.

E. Prohibited Retaliation

1. Retaliation. An adverse action, including intimidation, threats, coercion, or discrimination, against any person by the College, a student, an employee, or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity (1) for the purpose of interfering with any right or privilege secured this Policy or law, or (2) because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or proceeding under this Policy, including in an alternative resolution process or in grievance procedures, or in any other appropriate steps taken by the College to promptly and effectively end any prohibited discrimination in its education program or activity, prevent its recurrence, and remedy its effects. Nothing in this definition precludes the College from requiring an employee to participate as a witness in, or otherwise assist with, an investigation or proceeding.
2. Title IX Retaliation. For purposes of Title IX, retaliation means intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or 34 C.F.R. Part 106.

The Title IX coordinator, a Deputy Title IX coordinator, or their designees offer and coordinate supportive measures as appropriate and reasonably available. A Title IX formal complaint is not required for either party to request or receive supportive measures.

A. Definition. Supportive Measures are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to a complainant and/or a respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s educational programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment or deter sex discrimination and other behaviors prohibited by this Policy.

Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security, and monitoring of certain areas of the campus. 

B. Limited Confidentiality. The College will maintain as confidential any supportive measures provided to a complainant or a respondent, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the supportive measures. Generally, the Title IX coordinator is responsible for coordinating the effective implementation of supportive measures involving reports of Title IX prohibited conduct and other prohibited sex-based harassment.

C. Requests for Modification. A complainant or respondent may request modifications to supportive measures that are applicable to them. Requests may be made in writing or verbally, include the reason for the request, and submitted to the Title IX coordinator or designee. The Title IX coordinator or designee may modify or terminate.  

D. Reported Violations. Reported violations of certain restrictions, such as no communication directives, may be referred to appropriate student or employee conduct processes for review.

The College may remove any student from its programs or activities on an emergency basis if there is an immediate threat to the physical health or safety of any students or other individuals arising from allegations under this Policy. Prior to removal, the College must undertake an individualized safety and risk analysis, and, where such analysis determines a credible safety risk exists, provide the party with notice and an opportunity to challenge the decision immediately following the removal. 

• Student interim removal is subject to the procedures in the Student Code of Conduct. Employee interim removal is subject to the procedures in the Employee Handbook or Faculty Handbook, depending on the status of the employee.
• Before acting to remove any individual on an emergency basis, the College must conduct an individualized risk and threat assessment before making a decision.
• Emergency removal decisions will be made by the Assistant Dean of Student Conduct in consultation with the Director of Campus Security (or designee). Persons making a decision in this process will remain neutral and unbiased, and shall not be involved in any subsequent investigation, hearing, disciplinary, or appeals process related to the matter.
• When the risk and threat assessment results in a determination that an immediate threat to the physical health or safety of any student or other individual justifies removal, written notice must be given immediately to the individual to be removed and must include the basis for removal.
• The student may challenge the emergency removal within three business days of receipt of the notice.
• A challenge to the removal must be made in writing to the Vice President for the Division of Student Development and must state the basis for the challenge. Valid basis may include, but are not limited to, why the individual believes they were not a threat, evidence contradicting the initial report, or other information tending to support their claim.
• Within three business days of receiving any challenge, the Vice President for the Division of Student Development or designee will set a meeting with the student. The student will be given access to a written summary of the basis for the emergency removal prior to this meeting and will have the opportunity to bring an advisor of their choice to the meeting.
• The Vice President for the Division of Student Development (or designee) has discretion under this policy to implement or revoke an emergency removal and to determine the conditions and duration. Violations of an emergency removal under this policy will be grounds for discipline, subject to the Student Code of Conduct.
• There is no appeal process for emergency removal decisions.
• The College will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns.

The College may place non-student employees on administrative leave prior to or following the filing of formal complaint. Other interim measures may be available on a case-by-case basis. Any interim employment action will be taken consistent with the College’s rights as an employer. Parties who fail to abide by interim measures may be subject to discipline, up to an including termination in accordance with the Faculty Handbook and applicable staff policies.

The College is committed to responding to each report of Title IX prohibited conduct and other prohibited conduct under this Policy, including sexual assault, dating violence, domestic violence, and stalking.

A. Report. Any person may report prohibited conduct under this Policy to the College.

B. Initial Assessment and Outreach. Upon the Title IX coordinator's receipt of a report alleging prohibited under this Policy, the Title IX coordinator, Associate Vice President for Human Resources, or their respective designee will conduct an initial assessment of the information contained in the report and, where appropriate, respond to any immediate health or safety concerns raised by the report.

1. Scope. As part of an initial assessment, the Title IX coordinator will review the contents of the report to 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 complaint include alleged conduct that is outside the scope of the Policy, those allegations may be referred to the appropriate office or department during or after the covered allegations set forth in the report or formal complaint are resolved under this Policy, except those circumstances covered under limited immunity and as long as such referral does not constitute retaliation as prohibited by this Policy.
2. Outreach. In response to reports, the Title IX coordinator (or designee) will contact complainant (if known) to discuss the following:
   • That the College has received a report indicating that complainant may have been affected by Title IX prohibited conduct or other prohibited conduct under this Policy.
   • Contact information for available, appropriate confidential resources within the College or in the community. 
   • Reasonably available supportive measures, such as mutual no communication directives, housing changes, and academic schedule changes, where applicable, and that the College will consider complainant’s preferences as to supportive measures.
   • The availability of supportive measures with or without the filing of a formal complaint and with or without a formal resolution or alternative resolution process being initiated.
   • 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 process for filing a Title IX formal complaint and the College’s investigation and hearing procedures, as may be applicable, 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 manner in which the College responds to reports of prohibited conduct.

The College provides prompt, fair, and impartial processes for all Title IX formal complaints of prohibited conduct and complaints of other prohibited conduct under this Policy. The grievance procedures are intended to protect the rights of both the complainant and the respondent, to protect privacy, and to prevent retaliation. There are two grievance procedures:

• Section XI.B. Grievance Procedures apply to all complaints and investigations of prohibited conduct under this Policy except Title IX sexual harassment.
• Section XI.C. Grievance Procedures apply to formal complaints of Title IX sexual harassment. 

The following general provisions apply to both grievance procedures unless otherwise specified.

1. Equitable treatment. All procedures, rules, and practices adopted as part of the formal grievance processes will apply equally to both parties.
2. Limited Amnesty for Students Related to Alcohol and Other Drug Use. The College strongly encourages students to report incidents violating this Policy. Students who act responsibly by reporting to the appropriate authorities information about conduct violating this Policy will not face College disciplinary action for their own alcohol or other drug possession or consumption in connection with the reported incident.
3. 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. Any concern regarding bias or conflict of interest should be promptly submitted to the Title IX coordinator or a Deputy Title IX coordinator.
4. Presumption of Not Responsible. A respondent is presumed to be not responsible for the reported conduct until a determination regarding responsibility is made at the conclusion of a formal grievance process. The presumption may be overcome only if a preponderance of evidence supports a finding that the respondent is responsible for violating this Policy.
5. Standard of Proof. 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.
6. Failure to Participate. Although persons are encouraged to participate in investigations, participation in a grievance process is voluntary and parties will not be compelled 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 questioning. However, failure to participate during the process will impact the information the decision-maker may consider. This provision may not apply to witnesses who are non-student employees.
7. Other Policies. Parties may be also subject to other specific, relevant portions of this Policy, the Student Code of Conduct, the Faculty Handbook, and Staff Handbook.
8. Knowledge and Training. Investigations and hearings are conducted by persons who receive annual training on the elements of Title IX sexual harassment, including domestic violence, dating violence, sexual assault, and stalking; the elements of other sex-based harassment; the scope of the College's education program or activity; conducting an investigation and grievance process including hearings, appeals, and informal resolution process, as applicable; serving impartially, including by avoiding prejudgement of the facts at issue, conflicts of interests and bias; using technology at a live hearing; and issues of relevance of question and evidence.

1. General. This section’s grievance procedures are for prompt, fair, impartial, and equitable resolutions of complaints of sex-based harassment and prohibited discriminatory harassment on the basis of race, color, religion, age, national origin, height, weight, veteran status, and disability. These procedures are not applicable to prohibited conduct covered by this Policy's Section XI.C. or by the Student Disability Grievance Procedures.
2. Complaint. A complaint is complainant's written or oral request for the College to investigate and to make a determination as to the alleged prohibited conduct. Even in the absence of a complaint, the College may investigate any alleged prohibited sex-based harassment or prohibited discriminatory harassment and take remedial action as it deems appropriate. If the College initiates an investigation through its Title IX coordinator or other administrator, the Title IX coordinator or other administrator does not become a complainant.
3. Consolidating Complaints. The College may consolidate complaints against more than one respondent, or complaints by more than one complainant against one or more respondents, or by one party against another party when the allegations under this Policy arise out of the same facts or circumstances.
4. Dismissals. Generally, the College will not investigate or will dismiss an investigation if certain criteria are not met.
   1. The College will not investigate under these procedures if the alleged conduct is outside the scope and/or coverage of the Policy or the allegations would not, even if proven, meet a definition of prohibited conduct.
   2. The College may not investigate under these procedures if (i) the complainant requests that the allegations not be investigated; (ii) neither complainant nor respondent are affiliated with the College at the time of the report of prohibited conduct; or (iii) specific circumstances prevent gathering evidence sufficient to reach a determination.
5. Referrals - Other Policies. If the alleged conduct is outside the scope and/or coverage of this Policy, the complaint may be referred for review under other applicable College policies.
6. Notice of Allegations. Upon initiation of this section’s grievance procedures and for any additional allegations not included in the initial notice of allegations, the parties whose identities are known will receive notification of allegations to be investigated that will include the following: 
   1. A copy of or link to the College’s Policy;
   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 privacy 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;
   8. A statement about the availability of supportive measures; and
   9. A statement that the parties will be entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence. 
   10. 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.    
7. Advisors/Support Person. A complainant and respondent are entitled to the same opportunities to have an advisor/support person present during any meeting, interview, and College disciplinary proceeding or appeal proceeding. An advisor is a person who provides a party support, guidance, or advice. A party is permitted, but not required, to have an attorney as their advisor/support person. The College reserves the right to limit the nature of participation of advisors/support persons if such participation violates any policy of the College or to protect the legal rights of individuals.
8. Timeframe for Completion; Extension for Good Cause. After a complaint is filed, in most cases, an investigation will be completed within ninety (90) days, and a written final decision will be issued within thirty (30) days of the end of the investigation. These periods may be extended for good cause, including if deemed necessary to conduct a thorough investigation, to protect the rights of all parties, and for other reasonable considerations. Parties will receive written notice of any reason for a delay or extension.
9. 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 in violation of this Policy. 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. Provide each party an equal opportunity to provide relevant, not otherwise impermissible questions and follow-up questions, including those challenging credibility, that the party would like the investigator to ask of the other party.
   5. Interview 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. Generally, witnesses are provided an opportunity to review and verify the investigator’s summary of their interview.
   6. Provide the parties with reasonable 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 shall not be based on a person’s status as a complainant, respondent, or witness.
10. 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 or an accurate description of such evidence. If an accurate description is provided, a party may request access to the relevant, not otherwise impermissible evidence.
    • Within three (3) business 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 deemed appropriate by the investigator.
11. Evidentiary Decisions. The investigator will make evidentiary decisions and determine relevancy of questions and evidence and what evidence is impermissible regardless of relevance.
    1. Relevancy. Relevancy relates to the allegations under investigation as part of any grievance procedure. 
       • Questions are relevant when they seek evidence that may aid in showing whether the alleged prohibited conduct occurred. 
       • Evidence is relevant when it may aid a decision-maker in determining whether the alleged prohibited conduct occurred by having value or tendency to make a fact more or less probable than it would be without the evidence.
    2. Medical Records. 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 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.
    3. Privileged/Confidential Information. The College cannot access, consider, disclose, or otherwise use evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality.
    4. Prior or Subsequent Conduct. Prior or subsequent conduct of a respondent may be considered in determining pattern, knowledge, intent, motive, or absence of mistake. Evidence of a pattern may be deemed relevant if the prior or subsequent conduct substantially similar to the conduct under investigation. Previous disciplinary action of any kind involving the respondent may not be considered unless there is an allegation of a pattern of misconduct.
    5. Prior Sexual History. Questions or evidence about a complainant’s or respondent’s sexual history, sexual identity, and prior sexual experiences are prohibited. There are two exceptions to the prohibition of questions and evidence about prior sexual behavior if: Offered to prove that someone other than the respondent committed the prohibited behavior; or the question or evidence concerns sexual behavior between the complainant and the respondent and is offered to prove consent for the reported prohibited conduct.
12. Preservation of Evidence. It is critical that parties preserve all evidence related to the allegations. 
13. Presumption of Not Responsible. 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 if a preponderance of evidence supports a finding that the respondent is responsible for violating this Policy.
14. 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 by a preponderance of evidence that the prohibited conduct occurred, whatever the quantity of the evidence is, the investigator will not determine that the prohibited conduct occurred and/or that there was a violation of the Policy.
15. Final Determination Notification. Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the investigator or designee will notify the parties of the determination. Generally, 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 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, the parties will receive the written notification simultaneously and, in addition to the foregoing, the written determination will include any disciplinary sanctions. If there are changes to the determination, the parties will receive simultaneous written notification of the change and when such result becomes final.
16. 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 otherwise available prior to the determination;
       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, 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.
17. Disciplinary Sanctions. The College will not impose discipline on a respondent under this Policy unless there is a determination at the conclusion of the investigation that the respondent engaged in prohibited conduct in violation of this Policy. If there is a finding the respondent is responsible for violating this Policy, the College will take proportionate corrective action.
    1. Notification to Title IX Coordinator. The responsible office/department/division is required to provide the Title IX ocordinator 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 that may be considered in 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 under other policies or 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.
18. 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 consider whether the College will provide remedies designed to restore or preserve a complainant’s equal access to the College’s education programs or activities. Remedies 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 other designated College employee will be responsible for effective implementation of remedies.

1. General. The grievance procedures in this section are for prompt and equitable resolution of formal complaints of Title IX Sexual Harassment.

1. Formal Complaint. The formal grievance process (investigation and hearing, if applicable) of Title IX Sexual Harassment allegations can only be initiated when a written 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 in writing 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.
2. Title IX Coordinator Formal Complaint. 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. 
3. Applicability. The formal grievance process will include all procedural requirements specific to the Title IX regulations if any conduct in the Title IX formal complaint is prohibited conduct as defined under Title IX Sexual Harassment and the following Title IX coverage criteria is 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.
4. Consolidating Complaints. 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. 
5. Other Policies. Parties may be also subject to other specific, relevant portions of this Policy, the Student Code of Conduct, the Faculty Handbook, and Staff Handbook.
6. Knowledge and Training. Investigations and hearings are conducted by persons who receive annual training on the elements of Title IX Sexual Harassment, including domestic violence, dating violence, sexual assault, and stalking; the scope of the College's education program or activity; conducting an investigation and grievance process including hearings, appeals, and informal resolution process, as applicable; serving impartially, including by avoiding prejudgement of the facts at issue, conflicts of interests and bias; using technology at a live hearing; and issues of relevance of question and evidence.

2. Dismissals of a Title IX Sexual Harassment Formal Complaint. Prior to an investigation or at any time during the formal resolution process set forth in this Grievance Procedures section, allegations in a formal complaint must be or may be dismissed as set forth below.

1. Required Dismissal. The formal complaint must be dismissed if the conduct alleged in the formal complaint:
   1. Would not constitute Title IX sexual harassment even if proved;
   2. Did not occur in the College's education program or activity; or
   3. Did not occur against a person in the United States.
2. Permitted Dismissal. The formal complaint may be dismissed if:
   1. The complainant notifies the Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations in the formal complaint;
   2. The respondent is no longer enrolled or employed by the College; or
   3. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations in the formal complaint.
3. Appeal of Dismissal. If a formal complaint is dismissed, complainant and respondent will receive notice of the dismissal, including a 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. 
4. Referral to Other Non-Title IX Policy Provisions. A dismissal of formal complaint allegations does not preclude action under another provision of this Policy or other applicable College policies.

3. Timeframes; Extension for Good Cause. An investigation after the filing of a formal complaint will, in most cases, be completed within sixty (60) days, and a written decision following a hearing, 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, Deputy Title IX coordinator, or designee, if deemed necessary to conduct a thorough investigation or hearing, 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. A temporary delay may be requested in writing and provided to the Title IX coordinator and investigator.

4. 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.

5. Presumption of Non-Responsibility and Standard of Evidence. A respondent is presumed to be not responsible for violating the Policy or engaging in conduct set forth in the formal complaint until a determination regarding responsibility is made at the conclusion of a 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.

6. 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.”

7. Evidence. The College will gather and review all evidence through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

1. Relevancy. Relevancy relates to the allegations under investigation as part of any grievance procedure in this Policy.
   • Questions are relevant when they seek evidence that may aid in showing whether the alleged prohibited conduct occurred.
   • Evidence is relevant when it may aid a decision-maker in determining whether the alleged prohibited conduct occurred by having value or tendency to make a fact more or less probable than it would be without the evidence.
2. Medical Records. 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 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.
3. Privileged/Confidential Information. The College cannot access, consider, disclose, or otherwise use evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality.
4. Prior or Subsequent Conduct. Prior or subsequent conduct of a respondent may be considered in determining pattern, knowledge, intent, motive, or absence of mistake. Evidence of a pattern may be deemed relevant if the prior or subsequent conduct substantially similar to the conduct under investigation. Previous disciplinary action of any kind involving the respondent may not be considered unless there is an allegation of a pattern of misconduct.
5. Prior Sexual History. Questions or evidence about a complainant’s or respondent’s sexual history, sexual identity, and prior sexual experiences are prohibited. There are two exceptions to the prohibition of questions and evidence about prior sexual behavior if:
   1. offered to prove that someone other than the respondent committed the prohibited behavior; or
   2. the question or evidence concerns sexual behavior between the complainant and the respondent and is offered to prove consent for the reported prohibited conduct.
6. Preservation of Evidence. It is critical that parties preserve all evidence related to the allegations. A YWCA advocate may be able to advise on or assist with the preservation of evidence.

8. 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. Any concern regarding bias or conflict of interest should be promptly submitted to the Title IX coordinator.

9. Permissive Discussion. 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. Notwithstanding, parties may not violate other provisions this Policy, such as prohibited retaliation, or other policies or laws, such as FERPA.

10. 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.

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

1. 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 Associate Vice President of Human Resources will identify the parties; specify the date, time, location, and nature of the reported prohibited conduct alleged in the formal complaint; 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.
2. 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.
3. Status Updates. The parties will receive updates regarding the status of the investigation.
4. 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).
   1. 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.
   2. 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.
5. Equal Opportunity to Submit Evidence. Both parties will be provided an equal opportunity to present inculpatory and exculpatory evidence and to present fact witnesses and expert witnesses. The investigator will review and determine whether the evidence is directly related to the allegations and relevancy.
6. Evidence Review. At the end of the investigation and prior to finalization of the investigation report, parties will be provided an equal opportunity to inspect and review evidence (inculpatory and exculpatory) that is directly related to the allegations in the formal complaint and that was obtained as part of the investigation.
   1. The investigator will send to each party and the party's advisor (if any) the evidence subject to inspection and review. The evidence will be in an electronic format or hard copy or by other format as agreed upon by the investigator, party, and party's advisor (if any).
   2. Each party may submit a written response to the investigator within 10 calendar days.
   3. The investigator will consider written responses prior to completion of the investigation report.
   4. All such evidence will be available at any hearing to give each party an equal opportunity to refer to the evidence during the hearing, including for purposes of cross-examination.
7. Investigation Report. Following the investigator's consideration of written responses, the investigator will prepare a written investigation report.
   1. Content. The investigation report will include a fair summary of relevant evidence; statement of the allegations in the formal complaint; identification of the Policy’s definition of prohibited conduct that is alleged; a description of the procedural steps taken from the receipt of the formal complaint through the conclusion of the investigation, including notifications to the parties, interviews with parties and witnesses; and other methods used to gather evidence. Although the investigation report will include relevancy determinations, it will not contain a determination as to whether a party is responsible for violating this Policy. The investigator will refer the matter to a hearing for final determination as to whether a party is responsible for violating this Policy.
   2. Notification to Parties. The investigation report will be sent electronically or in hard copy to each of the parties and their advisors (if any) at least 10 days prior to a hearing (if any) or other determination. The investigator will also make relevant evidence available to the parties and their respective advisors.
8. Response to Investigation Report. 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 decision-maker(s).
9. Advisors. Parties will be provided with the same opportunities to have others present during any grievance proceeding, including an equal opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. However, the College has established restrictions regarding the extent to which an advisor may participate in the proceedings and such restrictions apply equally to both parties.

12. Hearing Process. Title IX requires a live hearing with cross-examination by a party's advisor. Hearings will be conducted by trained, unbiased, neutral decision-maker(s). There may be two decision-makers assigned to preside over a hearing. Hearing decision-makers are trained in Title IX and this Policy (as set forth above, Section C.1.a.); neutral and unbiased; and not involved in any other portion of the process in a particular case.

1. Notice. The hearing decision-makers(s) through the Title IX Coordinator (or designee) will provide, to each 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.
2. 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 decision-maker(s) can access adequate technology to meaningfully participate. All hearing decision-makers will be trained in the use of technology required to conduct a hearing virtually.
3. Decorum. The hearing decision-maker(s) 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.
4. 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.
5. 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.
6. Evidentiary Decisions. The hearing panel makes evidentiary decisions and has discretion to determine relevancy of questions and relevancy of evidence. The hearing decision-maker(s) retains the right to exclude questions or evidence that are not relevant.
   1. Cross-Examination Responses. A complainant, respondent, or witness may not answer a cross-examination question until after the hearing decision-maker determines (in real time) whether the question is relevant. If determined not relevant, the hearing decision-maker will provide an explanation for the decision to exclude a question and will direct the party to not answer the question.
   2. Prior Sexual History. Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant, 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.
7. 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.
8. 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 decision-maker(s) may consider.
9. Decision Regarding Responsibility. At the conclusion of the investigation and hearing, the hearing decision-maker(s) will evaluate the evidence and decide, based on a preponderance of the evidence, whether the respondent is responsible for violating this Policy. The hearing decision-maker(s) 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 hearing decision-maker(s) will provide the parties and their advisors a date upon which they will receive the written decision.
10. Written Decision. The hearing decision-maker(s) 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 allegations at issue and procedural steps from receipt of the formal complaint through the determination 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.
11. Simultaneous Notification of Decision. The hearing decision-makers 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.
12. 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.

13. 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. This time frame may be extended for good cause.

1. 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 hearing 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.
2. Process.
   1. Students wishing to appeal a decision should refer to the processes contained in the Student Code of Conduct.
   2. 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.
   3. An appeal must not be decided by the same persons who served as hearing panel members or investigators for the case.
   4. 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 decision-maker(s). In addition, if an appeal raises procedural issues, the Title IX coordinator may provide the appeal decision-maker(s) additional information relevant to those issues.
   5. In the event that the appeal decision-maker(s) determines that the decision of the hearing decision-maker(s) should be overturned, the appeal decision-maker(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).

14. Sanction Process. If a respondent is found responsible for violation of this Policy, the hearing decision-maker(s) 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.

1. 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.
2. 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.
3. Sanction Determination. 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.
4. Notice to Title IX Coordinator. 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. Title IX Remedies. For determinations regarding responsibility under this section, hearing decision-makers may determine remedies provided by the College that 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.

15. Supportive Measures. As set forth in Section VII, supportive measures are available to complainants and respondents.

1. Eligibility. At any time before the issuance of a responsibility determination, the parties may elect to resolve the formal complaint through a mutually agreed upon alternative resolution process, provided that (1) the parties both voluntarily consent in writing to such resolution; (2) both parties are students or employees of the College; and (3) the Title IX coordinator or Assistant Vice President of Human Resources determine that alternative resolution is an appropriate mechanism for resolving the specific formal complaint. Otherwise, a formal complaint that is not dismissed may otherwise proceed to a final determination in the formal resolution process. In matters with Title IX coverage, alternative resolution is not available unless a formal complaint has been filed. Alternative resolution may not be an appropriate mechanism for resolving a formal complaint by a student against an employee.

2. Not Mandatory. The College may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to a formal resolution process. Similarly, the College may not require the parties to participate in an alternative resolution process. 

3. Resolution of All Allegations. Alternative resolution may not be selected for less than all of the misconduct alleged in the formal complaint. If the parties agree to alternative resolution (and alternative resolution is appropriate for all of the allegations at issue), then all of the allegations must be resolved.

4. Termination. Either party has the right to terminate the alternative resolution process at any time and proceed with formal resolution (i.e., a full investigation and hearing). Furthermore, the Title IX ocordinator may, where appropriate, terminate alternative resolution and proceed with the formal resolution process instead.

The College affirms its strong commitment to academic freedom. If any party, the Title IX Coordinator, or the Associate Vice President of Human Resources has information that reasonably could involve an issue of academic freedom, the Provost of the College (or designee) will be consulted.

Sexual relationships between employees and Kalamazoo College students are unacceptable and constitute personal and professional misconduct. Such actions may be considered adequate cause for faculty termination under the Plan of Employment of the Board of Trustees and for termination of employment of a staff member. Intimate or sexual relationships where there is an inherent power or authority differential produce risks to the campus community and undermine the authority of those in supervisory roles. An exception may be made for a personal relationship that was established prior to employment and was disclosed to Human Resources at the time of hire.

1. Title IX Coordinator and Decisionmakers. The Title IX Coordinator, the Deputy Title IX coordinators, investigators, hearing panelists, and other decision-makers, will receive annual training, including education on the definition of prohibited conduct (including Title IX Sexual Harassment); issues related to dating violence, domestic violence, sexual assault, and stalking; the scope of the College’s education programs and activities; how to conduct an investigation and grievance process, including hearings and appeals processes, that protect the safety of complainants and promote accountability, as applicable; and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; the standard of review; evaluating evidence in a fair and impartial manner; cultural awareness; technology to be used at a live hearing; issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant. Training materials are maintained for a period of seven years and are publicly available on the website for Office of Gender Equity and Access. Training will be conducted pursuant to CFR 34 § 106.45(b)(1)(iii), (b)(10).

2. Students and Employee. Ongoing education regarding harassment and related College policies is required for all students and employees. The College educates its employees through mandatory annual online training and employee orientation. The College educates students about sexual misconduct through mandatory first-year orientation programs each fall, as well as mandatory annual online training and campus programming throughout the year for all returning students. This programming focuses on prevention, bystander intervention, risk reduction, sexual health and safety, and advocacy. The Sexual Violence Prevention and Advocacy Office offers programs to prevent dating violence, domestic violence, sexual assault, and stalking means comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking that are culturally relevant, inclusive of all communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome; and consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels. 

3. Primary Prevention and Awareness. Programs to prevent dating violence, domestic violence, sexual assault, and stalking include both primary prevention and awareness programs directed at incoming students and new employees and ongoing prevention and awareness campaigns directed at students and employees. Information about sexual misconduct education, bystander prevention programming, risk reduction, and College response is available through the College website, outside the Student Health Center, and on the website for Sexual Violence Prevention and Advocacy.

1. General. College will document actions it takes in response to reports or formal complaints at each stage of the investigation and grievance process and will clearly identify all of the actions it takes that are responsive to reports or for complaints.

2. Time Period. The College will maintain such records for a minimum of seven years.

3. Documentation. Regarding each report or formal complaint received, the Title IX Coordinator or designee will document the basis for concluding that the College response was not deliberately indifferent and document that it has taken measures designed to restore or preserve equal access to the College’s education program or activity. If a Complainant is not provided with supportive measures, the Title IX Coordinator or designee must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.