The Policy Against Harassment and Sex Discrimination establishes a comprehensive framework for addressing and preventing sex discrimination and sexual harassment as defined under Title IX of the Higher Education Amendments of 1972, 20 U.S. C. § 1681 et seq. (“Title IX”), as well as other forms of prohibited discrimination and sex-based harassment not covered by Title IX. This policy outlines clear definitions of prohibited conduct (Title IX and non-Title IX) and provides two structured grievance procedures (Title IX and non-Title IX) to ensure prompt, fair, and equitable processes for reporting and resolving complaints, while fostering a culture of support, equity, and access that values respect, dignity, and safety for all.

Kalamazoo College (the College) is committed to fostering a working and learning environment free from unlawful discrimination and harassment. As set forth in its Nondiscrimination Policy, the College prohibits unlawful discrimination and harassment in its employment practices and its education programs and activities (including admission and employment), 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 in admission, treatment, or access to, or employment in, its programs and activities.

As part of this commitment, the College’s Policy Against Harassment and Sex Discrimination (the "Policy” or “Policy Against Harassment”) prohibits sex discrimination, Title IX sexual harassment, sex-based harassment, and retaliation. The Policy’s corresponding Grievance Procedures provide timely and fair processes for resolution of allegations of sex discrimination, Title IX sexual harassment, sex-based harassment, and retaliation.

The College complies with Title IX of the Higher Education Amendments of 1972, 20 U.S. C. § 1681 et seq. (“Title IX”), which prohibits discrimination based on sex in education programs or activities; Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment; and other federal and state laws (including the Elliott-Larsen Civil Rights Act).

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 education and 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 sexual harassment and other prohibited conduct is set forth below.

There are multiple options to report sex discrimination, Title IX sexual harassment, sex-based harassment, and retaliation 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.  

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

Unless a report meets the criteria for a formal complaint, reports are not considered formal complaints. Formal complaints are written, signed, and request the College to investigate. In many circumstances, additional information may be required before an investigation may proceed or other action taken. A formal complaint is not required to receive supportive measures.

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 about conduct that may prohibit this Policy if they receive the information within the scope of their confidential roles. Confidential employees are required to provide the contact information of the Title IX Coordinator and information about making 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

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

The following terms are referenced throughout the Policy. 

A. Admission. Selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by a recipient.

B. Applicant. One who submits an application, request, or plan required to be approved by the College as a condition to becoming a recipient.   

C. Complaint. Signed and written request to the College that objectively can be understood as a request for the College to investigate and make a determination about alleged prohibited behavior as defined by the Policy.

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

E. 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.        

F. Disciplinary Sanctions. College imposed consequences on a respondent following a determination under this Policy that the respondent engaged in prohibited conduct as defined by the Policy.   

G. Employee. A person employed full-time, part-time, regular, short-term, or on a temporary basis by the College.

H. Formal Complaint. A document or electronic submission signed by the Title IX coordinator or the complainant alleging prohibited conduct by the respondent and requesting that the College investigate the allegation of prohibited conduct. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in a College education program or activity.

I. 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.

J. Party. A complainant or respondent. 

K. Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.   

L. Prohibited Conduct. Defined in Section VI.

M. Relevant. Directly related to the allegations of sex discrimination, sex-based harassment, and/or retaliation 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.

N. Remedies. Measures provided, as appropriate, to a complainant or any other person the College identifies as having had their equal access to the College’s education program or activity limited or denied by unlawful sex discrimination. These measures are provided to restore or preserve that person’s access to the College’s education program or activity after the College determines that unlawful sex discrimination occurred.    

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

P. Student.  Persons enrolled in courses at the College, either full-time or part-time; persons participating in College sponsored programs and/or activities such as study abroad or domestic exchange programs; and persons previously enrolled in courses at the College but who are on leaves of absences or have been placed on administrative withdrawals. 

Q. Student employee. A person employed full-time, part-time, regular, short-term, or on a temporary basis by the College and who is a student at the College. 

R. Supportive Measures. Defined in Section VII.

I. Discrimination on the Basis of Sex, Sexual Orientation, Gender Identity or Expression, Pregnancy or Pregnancy Related Conditions

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, sex stereotypes, sexual orientation, gender identity or expression, pregnancy or pregnancy related conditions. 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 sex, sexual orientation, gender identity or expression, or pregnancy or pregnancy related condition. This includes College admissions, employment, academics, extracurriculars, research, occupational training, or any other education program or activity and any other employment practice that is prohibited by applicable law.

The College complies with Title IX of the Higher Education Amendments of 1972, 20 U.S. C. § 1681, et seq. (Title IX), including applicable definitions for purposes of allegations covered by Title IX.

II. Title IX Sexual Harassment

Title IX Sexual Harassment 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. Quid Pro Quo (Title IX). 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. Hostile Environment (Title IX). 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 (Title IX). 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).
      • 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.
      • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without consent. 
      • Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees where marriage is prohibited by Michigan law.
      • 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 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 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 Sexual Harassment encompasses the prohibited conduct described above that occurs on the basis of sex and that meets all of the following requirements: (i) Occurs within the United States; (ii) Occurs within the College's education program or activity, meaning (a) locations, events, or circumstances over which the College exercises substantial control over both the respondent and the context in which the Title IX Sexual Harassment occurs, (b) any building owned or controlled by a student organization that is officially recognized by the College; and (c) 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 these Title IX requirements may constitute other forms of Prohibited Conduct within this Policy.

III. Sex-Based Harassment

‘‘Sex-based harassment’’ is prohibited conduct that is not Title IX sexual harassment and/or does not meet "Title IX sexual harassment" 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 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. Sexual Exploitation is 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.

IV. Retaliation

1. Retaliation (Non-Title IX). 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. Retaliation (Title IX). For purposes of reports covered by 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, Deputy Title IX Coordinator, or designee will offer and coordinate appropriate, reasonably available supportive measures upon receiving notice of reported prohibited conduct or a complaint. Supportive measures will be offered for any type of report under this Policy, including Title IX sexual harassment and non-Title IX sex-based harassment.

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. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

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, set forth the reason for the request, and submitted to the Title IX coordinator. At any time, the Title IX Coordinator or designee may modify or terminate supportive measures for good cause; at the conclusion of a grievance process; or at the conclusion of an informal resolution process.  

D.  Reported Violations. Reported violations of certain restrictions, such as no communication directives, may be referred to appropriate student or employee conduct processes for enforcement or added as an additional allegation to a formal complaint in an ongoing grievance process.

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 prohibited discrimination, Title IX sexual harassment ,and sex-based harassment (including sexual assault, dating violence, domestic violence, and stalking), and other forms of other prohibited behavior under this Policy.

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 or designee will conduct an initial assessment of the reported information and, where appropriate, respond to any immediate health or safety concerns raised by the report.

1. Scope. As part of the Initial Assessment, the Title IX Coordinator will determine, in consultation with other need-to-know College officials, as appropriate, whether the Policy applies to the report and whether the reported conduct falls within the scope of the Policy. If a report or formal complaint also implicate other forms of conduct prohibited by the College beyond conduct prohibited by this Policy, the conduct may be referred to the appropriate office or department during or after the allegations set forth in the report or formal complaint are resolved, except those circumstances covered under limited immunity and as long as such referral does not constitute retaliation as prohibited by this Policy.
2. Outreach. In response to most reports, the Title IX Coordinator (or designee) will contact and communicate the following information to the Complainant (if known).

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

D. 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. 

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

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

• 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.
• 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). 
• 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. 

G. Dismissal of a Title IX Formal Complaints. A Title IX Sexual Harassment formal complaint must or may be considered as follows:

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

H. Discrimination, Sex-Based Harassment, and Retaliation Formal Complaint. If the conduct in the formal complaint does not meet the Title IX coverage criteria but alleges other prohibited conduct in this Policy and the following coverage criteria are met, the College will proceed under the formal grievance process. Non-Title IX formal complaints may be verbal or written.

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

I. Dismissal of Discrimination, Sex-Based Harassment, and Retaliation Formal Complaints. A formal complaint may be dismissed if certain criteria are not met.

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

The College provides prompt, fair, and impartial processes for all complaints of 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 formal complaints that are not Title IX sexual harassment.
• Section XI.C. Grievance Procedures apply to formal complaints of Title IX sexual harassment. 

The provisions in Section XI.A. generally apply to both Grievance Procedures.

The following general provisions apply to both grievance procedures (Title IX Sexual Harassment, Sex-Based Harassment, Discrimination, and Retaliation).

1. 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.
2. Dismissals of Title IX Formal Complaint.
   1. The formal complaint must be dismissed under Title IX if the Formal Complaint does not meet all Title IX Coverage requirements and/or the allegations would not, even if proven, meet the definition of Title IX Sexual Harassment.
   2. The formal complaint may be dismissed if (i) the Complainant requests that the complaint be withdrawn or (ii) specific circumstances prevent gathering evidence sufficient to reach a determination. 
   3. Appeal of Dismissal:  If a formal complaint is dismissed under this section, complainant and respondent shall receive notice of the dismissal, including notation as to the reason for the dismissal and an explanation of their rights to appeal within five (5) calendar days of the notice of dismissal. 
3. Dismissal of Other Complaints.
   1. The formal complaint must be dismissed if the complaint does not meet all of the applicable coverage requirements criteria and/or the allegations would not, even if proven, meet a definition of prohibited conduct.
   2. The formal complaint may be dismissed if (i) the complainant requests that the complaint be withdrawn; (ii) neither complainant nor respondent are affiliated with the College at the time of the filing of the formal complaint; or (iii) specific circumstances prevent gathering evidence sufficient to reach a determination.
   3. If a formal complaint is dismissed, complainant and respondent shall receive notice of the dismissal, including notation as to the reason for the dismissal. There is no right to an appeal.
4. 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 decisionmaker may consider. This provision may not apply to witnesses who are non-student employees.
5. Equitable treatment. All procedures, rules, and practices adopted as part of the formal grievance processes will apply equally to both parties. Parties will receive identical copies of all investigation reports and written decisions.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 under Section XI.
       • 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 decisionmaker 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.
11. Advisors. A complainant and respondent are entitled to the same opportunities to have an advisor 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. The College reserves the right to limit the nature of participation of advisors if such participation violates any policy of the College or to protect the legal rights of individuals.
12. 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.
13. Permissible Discussions & Unauthorized Disclosure of Information. The College takes the privacy of the parties and witnesses during its grievance procedures very seriously and will take steps to ensure that there is not unauthorized disclosure of information obtained through the grievance process. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consulting with their family members, confidential resources, or advisors; or otherwise preparing for or participating in a grievance process. The parties cannot engage in retaliation, including against persons who reported the alleged prohibited conduct and witnesses.

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

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

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

3. Timeframe for Completion After Formal Complaint; Extension for Good Cause. An investigation after the filing of a formal complaint will, in most cases, be completed within sixty (60) days, and a written decision following a hearing or review, if applicable, will be issued within thirty (30) days. These time periods may be extended for good cause at the discretion of the Title IX coordinator or designee, if deemed necessary to conduct a thorough investigation, to protect the rights of all parties, or for other reasonable considerations, including absence of a party, a party’s advisor, or a witness; or the need for language assistance or accommodation of disabilities. Parties will be sent written notice of any delay or extension, including the reason for the delay or extension.

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 the reported conduct until a determination regarding responsibility is made at the conclusion of the applicable formal grievance process. The presumption may be overcome only where a preponderance of the evidence supports a finding that the respondent is responsible for violating this Policy.

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. No Conflicts of Interest. The College does not allow conflicts of interest or bias for or against complainants or respondents generally or an individual complainant or respondent by its Title IX coordinator(s), investigators, hearing officers, or other persons making decisions regarding allegations under this Policy, grievance process, or related practices or protocols. A conflict of interest exists when an individual’s knowledge of the matter or personal or professional relationship with a complainant, respondent, or witness would preclude the individual from being able to investigate or decide the case fairly and impartially. Any concern regarding bias or conflict of interest should be promptly submitted to the Title IX coordinator.

8. 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. However, parties are prohibited from discussing or disseminating the allegations in a manner that constitutes retaliation or violates FERPA. Employees may not disclose FERPA-protected information regarding students. In addition, parties should consider whether discussing allegations with a witness or another party would negatively impact a determination of the credibility of the witness or party.

9. 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.

10. 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 (in matters involving employee respondents) will identify the parties; specify the date, time, location, and nature of the reported prohibited conduct; identify potential policy violations; identify the investigator; explain the availability of supportive measures, confidential resources, and the right to an advisor of a party’s choosing (including the availability of College provided advisors for hearings); and an instruction to the parties to preserve any potentially relevant evidence.
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 in a meaningful way.
3. Status Updates. The parties will receive regular updates regarding the status of the investigation.
4. Burden of Gathering Evidence. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties. Notwithstanding, the College cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a nurse practitioner, physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the College obtains that party’s voluntary, written consent to do so.
5. 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).
6. Preservation of Evidence. Individuals involved in a report of prohibited conduct should preserve evidence to the extent possible. The YWCA advocate can advise on or assist with the preservation of evidence.
7. Equal Opportunity- Evidence. Both complainant(s) and respondent(s) will have an equal opportunity to identify potential witnesses and provide any evidence or other information relevant to the investigation. The investigator will review and determine the relevance of any proffered information and evidence.
8. Witness Statements. Witness statements may be considered as evidence as permitted by this Policy. Witnesses will be provided an opportunity to review the investigator’s summary of their interview.
9. Evidence Review by Parties. At the end of the investigation, the investigator will give each of the parties an equal opportunity to inspect and review all evidence (inculpatory and exculpatory) that directly relates to the allegations in the formal complaint. Each party will have ten (10) calendar days to respond in writing to the investigator, including providing the names and contact information for any additional witnesses for the investigator to consider, and submitting written, relevant questions that a party wants asked of any party or witness, and limited follow-up questions. The investigator will consider the written responses.
10. Investigation Report and Review Period. Following the parties’ review of the evidence, the investigator will prepare a written investigation report fairly summarizing the investigation and relevant evidence directly related to the allegations. The investigator will send the investigation report and make relevant evidence available to the parties and their respective advisors.
11. Relevance. Evidence is considered relevant if it has a tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in making a determination regarding responsibility.
12. Experts. Parties may propose medical or scientific experts. In matters involving Title IX allegations, the Title IX coordinator will determine whether an expert is needed and shall not utilize medical or scientific experts that have an actual or apparent conflict of interest or bias for or against Complainants or Respondents generally or an individual complainants or respondent. Any expert witness determined to have an actual or apparent conflict of interest shall be prohibited from serving as an expert witness or otherwise participating in the investigation or grievance process of the matter for which the conflict exists absent a waiver by all parties. If a decision maker relies on an expert, the expert will be identified in any final written report or decision and will reflect that the Title IX Coordinator determined that the expert did not have a conflict of interest.
13. Hearing Eligibility. In Title IX Sexual Harassment formal complaints, the investigator will not determine whether a party is responsible for violating this Policy. The investigator will refer the matter to a hearing panel for final determination as to whether a party is responsible for violating this Policy.
14. 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 hearing panel, if applicable.
15. Advisors. The complainant and the respondent are entitled to the same opportunities to have an advisor present during any meeting, interview, and institutional disciplinary proceeding or appeal proceeding. Advisors may be any individual chosen by a party, not limited to members of the College community. Advisors are responsible for conducting any questioning and cross-examination of parties or witnesses that occurs during the course of any hearing. Cross-examination may not be done by parties themselves. If a party does not have an advisor for the hearing, the College shall appoint an advisor at no cost to the party. The College reserves the right to limit the nature of participation of advisors if such participation violates any policy of the College or to protect the rights of individuals involved in the hearing process.

11. Hearing Process. For purposes of Title IX sexual harassment, parties have the right to a live hearing and the ability to ask questions and cross-examine parties and witnesses through their advisor of choice. Hearings will be conducted by an unbiased, neutral decision-maker(s) who is part of the hearing panel pool. Faculty members who serve on the Faculty Harassment Review Board are part of the hearing panel pool. Hearing panelists are trained in Title IX and this Policy; neutral and unbiased; and not involved in any other portion of the process in a particular case.

1. Notice. The hearing decision-maker through the Title IX Coordinator (or designee) will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of the hearing, or other meetings, with sufficient time for the party to prepare to participate in a meaningful way.
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 panel members 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, when necessary.
3. Decorum. The hearing decision-maker 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 evidence. The hearing panel retains the right to exclude questions or evidence that are not relevant. Before a complainant, respondent, or witness answer a question, the hearing decision-maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
7. Prior or Subsequent Conduct. Prior or subsequent conduct of the respondent may be considered in determining pattern, knowledge, intent, motive or absence of mistake. For example, evidence of a pattern may be deemed relevant if the prior or subsequent conduct is substantially similar to the conduct under investigation.
8. Prior Sexual History. Questions or evidence about a complainant’s sexual history, sexual identity, and prior sexual experiences are prohibited. Questions and evidence about a complainant’s prior sexual behavior are prohibited subject to two exceptions: (1) if offered to prove that someone other than the Respondent committed the reported prohibited behavior; or (2) if the question or evidence concerns sexual behavior between the complainant and the Respondent and is offered to prove consent for the reported prohibited conduct.
9. 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.
10. Failure to Appear or Submit to Cross-Examination. Participation in the hearing is voluntary and the College cannot compel a party or witness to participate. No inferences or assumptions will be drawn with regard to a party’s decision not to provide a statement, be interviewed, or submit to cross-examination. However, failure to answer questions at the hearing will impact the information the hearing panel may consider.
11. 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.
12. 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 procedural steps in the investigation will also appear in the written decision so that both parties have a thorough understanding of the investigative process that led to the determination regarding responsibility. Where applicable, the decision will also include whether remedies will be provided to the complainant(s) and any disciplinary sanctions.
13. Simultaneous Notification of Decision. The hearing panel, typically through the Title IX coordinator or designee, will provide the written decision to the parties simultaneously. The parties will also be informed in writing of the right to appeal and the appeal procedures.
14. 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.

12. 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.

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).

13. 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 matters with Title IX coverage, remedies are designed to restore or preserve a complainant’s equal access to the College’s education programs or activities and may include counseling, academic accommodations, academic support, or employment accommodations. Other remedies may include targeted or broad-based educational programming or training. The Title IX coordinator or designee is responsible for effective implementation of remedies.

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 will 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 Coordinator 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.