Kalamazoo College (the College) is committed to ensuring a working and learning environment free from all forms of unlawful discrimination and harassment. As set forth in its Nondiscrimination Policy, the College unequivocally prohibits 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 status protected by applicable state or federal law. 

As part of this commitment and to promote fairness and equity in all aspects of its education program and activity, the College’s Policy Against Harassment and Sex Discrimination (“the Policy” or “Policy Against Harassment”) prohibits sex discrimination and sex-based harassment. The Policy’s corresponding Grievance Procedures provide for prompt, fair, and impartial resolution of allegations of sex discrimination, 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).

A. Applicability. The Policy applies to all members of the College community. The College community includes the Board of Trustees, students, faculty members, staff, student employees, temporary and contract employees, and other individuals participating in or attempting to participate in the College’s education program or activities, including admissions or employment. All members of the College community are expected to comply with this Policy. 

B. Coverage. The Policy applies to prohibited conduct: 

1. In the College’s education programs and activities in the United States, including locations, events, or circumstances in which the College exercises substantial control over both the respondent and the context in which the conduct occurred;
2. In circumstances where the College has disciplinary authority; 
3. Within any building owned or controlled by a College-recognized student organization; and
4. Off campus (including service-learning activities, study abroad, study away, and internship programs) that has a continuing adverse effect on campus. An adverse effect includes limiting or denying a person’s access to the College’s education program or activities. 

C. Disciplinary Action. For disciplinary action to be issued under this Policy, the respondent must be a College faculty member, student, or employee at the time of the alleged incident. If the respondent is unknown or is not a member of the College community, the Title IX Coordinator or a Deputy Title IX Coordinator will offer to assist the complainant in identifying appropriate College and local resources and support options, and will implement appropriate supportive measures and/or remedial actions. The College can also assist in contacting law enforcement if the complainant would like to file a police report about criminal conduct. 

D. Pre-August, 1, 2024 Reported Conduct. As legally required, “Title IX prohibited conduct” (as defined in the Title IX regulations effective August 1, 2020) reported to have occurred prior to August 1, 2024, will be addressed under prior policies. For more information or questions about prior policies, please contact the College’s Title IX Coordinator.

There are multiple options to report sex discrimination, 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 complaint (either oral or written), reports are not considered complaints, which are requests for the College to investigate. In many circumstances, additional information may be required before an investigation may proceed or other action taken. A 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. Oral or 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. A student or employee asserting to have been subjected to prohibited conduct; or a person other than a student or employee asserting to have been subjected to prohibited conduct and who was participating or attempting to participate in the College’s education program or activity at the time of the reported prohibited conduct.

E. Confidential Employee. A College employee (1) whose communications are privileged or confidential under Federal or State law and only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or (2) whom the College has designated as confidential for the purpose of providing services to persons related to sex discrimination and sex-based harassment and only with respect to information received about sex discrimination or sex-based harassment in connection with providing those services; or (3) who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination or sex-based harassment but only with respect to information received while conducting the study.   

F. 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.        

G. 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.   

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

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. Parental Status. Status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of care of self because of a physical or mental disability, is: a biological parent; an adoptive parent; a foster parent; a step-parent; a legal custodian or guardian; inloco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.   

K. Party. A complainant or respondent. 

L. 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.   

M. Prohibited Conduct. Defined in Section VI.

N. 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 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.

O. 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.    

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

Q. Student. A person who has gained admission to the College.   

R. 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. 

S. Supportive Measures. Defined in Section VII.

The following conduct is prohibited by this Policy.

A. Discrimination on the Basis of Sex. Intentional different treatment of an individual(s) with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic of sex. 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 an individual’s participation in any College education program or activity on the basis of sex. This includes College admissions, employment, academics, extracurriculars, research, occupational training, or any other education program or activity.

1. Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or gender expression. 
2. Discrimination on the basis of pregnancy or related conditions includes the following:
   • Discrimination against or exclusion of a student from an education program or activity, extracurricular activity, athletic program, or other program or activity of the College, on the basis of the student’s pregnancy, childbirth, lactation, past pregnancy, false pregnancy, potential pregnancy, termination of pregnancy, medical conditions related to or recovery from any of these or related conditions.
   • Discrimination against or exclusion from employment any employee or applicant for employment on the basis of current, potential, or past pregnancy, or medical conditions related to or recovery from any of these or related conditions.
   • A rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex in violation of Title IX or other applicable laws. 
   • A policy, practice, or procedure, or employment action on the basis of sex concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment which unlawfully treats persons differently or which is unlawfully based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee’s or applicant’s family unit.

B. Sex-Based Harassment. ‘‘Sex-based harassment’’ is a form of sex discrimination that 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 gender 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 sex 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 directed toward individuals of one gender but not other genders); or offensive jokes or teasing about sexual orientation or gender identity.
3. Sexual Assault.  Sexual assault is a term that refers to the crimes of rape, fondling, incest, and statutory rape.
   1. Rape: 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.
   • Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.
   • 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.

C. Retaliation. An adverse action, including intimidation, threats, coercion, or discrimination, against any person by the College, a student, an employee, or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity (1) for the purpose of interfering with any right or privilege secured this Policy or law, or (2) because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or proceeding under this Policy, including in an alternative resolution process or in grievance procedures, or in any other appropriate steps taken by the Colollege to promptly and effectively end any sex 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.

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. 

A. Definition. Supportive measures are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties. Supportive measures must not unreasonably burden either party and must be designed to protect the safety of the parties or the College’s educational environment, or to provide support during the College’s grievance procedures or during the alternative resolution process. The College will not impose such measures for punitive or disciplinary reasons. Supportive measures will vary depending on what the College deems to be reasonably available. These measures may include referrals to counseling or to the Employee Assistance Program; referrals to community-based service providers; extensions of deadlines and other course-related adjustments; safety planning; campus safety escort services; mutual restrictions related to communication between the parties; leaves of absence; changes related to classes, work, housing, or extracurricular or any other activity; and training and education programs related to sex-based harassment.  

B.  Requests for Modification or Reversal. Supportive measures may be modified or reversed under the following circumstances.

1. Inconsistency with Definition. A complainant or respondent will be provided three (3) calendar days following notification of the supportive measure decision to request modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive measures applicable to them. The request must be made in writing, set forth the reason for the request, and be submitted to the Title IX Coordinator or Associate Vice President of Human Resources. An impartial employee (who will be someone other than the employee who made the challenged decision) who has authority to modify or reverse the decision will determine whether to provide, deny, modify, or terminate the supportive measure. The impartial employee may modify or reverse the decision only if the measure (or denial) is inconsistent with the definition of supportive measure. Generally, a decision will be issued within seven (7) business days following the impartial employee’s receipt of the request. The decision will be provided to the impacted party(ies) and the Title IX Coordinator.
2. Change in Circumstances. At any time, a complainant or respondent may contact the Title IX Coordinator to request modification or termination of supportive measures applicable to them if circumstances materially change.
3. For Good Cause. 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.    

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

The College may remove a student from its education program or activity on an emergency basis following the College’s individualized safety and risk analysis and determination that (1) there is an imminent and serious threat to the health or safety of a complainant or any students, employees, or other persons and (2) the imminent and serious threat arising from the allegations of misconduct under this Policy justifies removal. The student will be provided notice and may challenge the decision immediately following the removal. The Student Code of Conduct procedures for challenging removals govern challenges under this Section. 

The College may place non-student employees on administrative leave prior to or during the pendency of the College’s grievance procedures as set forth in Section XI. Other measures may be implemented 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 and including termination in accordance with applicable policies.

Upon the Title IX Coordinator’s (or designee’s) receipt of a report alleging prohibited conduct under this Policy or notice of a report alleging conduct that reasonably may constitute unlawful sex discrimination or sex-based harassment, the Title IX Coordinator (or designee) will take the appropriate actions set forth below to promptly and effectively end any unlawful sex discrimination and sex-based harassment in the College’s education program or activity (including employment), prevent its recurrence, and remedy its effects. The Title IX Coordinator will treat complainant and respondent equitably.

A.  Outreach & Notification to Complainant. The Title IX Coordinator (or designee) will communicate the following to complainant, if known, or to the reporting party, if known, via email or other means as appropriate.

1. Supportive measures. Offer and coordinate supportive measures, as appropriate, for the complainant.
2. Grievance procedures. Notify the complainant or, if the complainant is unknown, the individual who reported the conduct, of the grievance procedures under Section XI, and the alternative resolution process under Section XII, if available and appropriate; the process for filing a complaint; and the way the College responds to reports of prohibited conduct.
3. Resources. Contact information for confidential resources within the College or in the community.
4. Retaliation. A statement that retaliation for making a report, submitting a complaint, or participating in a grievance process is prohibited.
5. Crimes. Where a potential crime may have occurred, notify the complainant that they have the right, but are not obligated, to report the matter to law enforcement and to request assistance from the College to report the incident to the Kalamazoo Department of Public Safety or other law enforcement. This option can be pursued simultaneously with or separate from any College resolution or disciplinary processes, and College staff will help facilitate this reporting if requested. The College will cooperate with legal investigations in accordance with applicable law. The complainant may also decline to notify law enforcement authorities, including Campus Safety and police.
6. Evidence preservation. The importance of preserving evidence.
7. Other rights and options.

B.  Notification to Campus Safety, Human Resources, Others. The Title IX Coordinator (or designee) may communicate receipt of a report as appropriate. The information shared will be limited to a “need to know” basis and subject to the privacy and confidentiality provisions set forth in this Policy and as required by law. This includes but is not limited to the foregoing notification considerations.

1. Campus Safety. Notify Campus Safety (and/or local police ) if a sex-based crime has been alleged; there are immediate safety concerns; or when information raises suspicion that a minor may be abused or neglected.
2. Human Resources. Notify Associate Vice President for Human Resources of reports and complaints involving allegations against employees and third parties.
3. College Advancement. Notify Vice President for College Advancement of receipt of reports and complaints involving allegations against persons who are non-employee alumni, donors to the College, or other volunteers engaged by College Advancement at time of report receipt.

C.  Assessment to Initiate Title IX Coordinator Complaint. In the absence of a complaint or the withdrawal of any or all of the allegations in a submitted complaint, or in the absence or termination of the alternative resolution process, the Title IX Coordinator will determine whether to initiate a Title IX Coordinator complaint.

1. Determination of Applicability and Coverage. A Title IX Coordinator will not consider initiating a complaint if the Title IX Coordinator (or designee) reasonably determines that the conduct as alleged could not constitute sex discrimination or sex-based harassment under Title IX or constitute other prohibited conduct under this Policy.
2. Fact-Specific Inquiry. If the prohibited conduct as alleged could constitute sex discrimination or sex-based harassment or other prohibited conduct under this Policy, the Title IX Coordinator (or designee) will consider, at a minimum, the following factors in determining whether to initiate a complaint:
   1. The complainant’s request not to proceed with initiation of a complaint.
   2. The complainant’s reasonable safety concerns regarding initiation of a complaint.
   3. The risk that additional acts of prohibited conduct would occur if a complaint is not initiated.
   4. The severity of the allegations, including whether the prohibited conduct, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the prohibited conduct and prevent its recurrence.
   5. The age and relationship of the parties, including whether the respondent is an employee of the College.
   6. The scope of the alleged prohibited conduct, including information suggesting a pattern, ongoing sex discrimination or sex-based harassment, or sex discrimination or sex-based harassment alleged to have impacted multiple individuals.
   7. The availability of evidence to assist a decisionmaker in determining whether sex discrimination or sex-based harassment occurred.
   8. Whether the College could end the alleged unlawful sex discrimination or sex-based harassment and prevent its recurrence without initiating its grievance procedures under Section XI.
   9. Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other persons.
   10. Whether the conduct as alleged prevents the College from ensuring equal access on the basis of sex in its education program or activity.
3. Notification to Complainant. If initiating a complaint following an assessment, the Title IX Coordinator will notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by offering supportive measures.
4. Other Considerations. The Title IX Coordinator, Associate Vice President of Human Resources, or their respective designees will take other prompt and effective appropriate steps, in addition to steps necessary to effectuate the remedies provided to an individual complainant, if any, to ensure that unlawful sex discrimination does not continue or recur within the College’s education program or activity.  

D.   Privacy. The College will not share the identity of any individual who has made a complaint of sex discrimination, sex-based harassment or retaliation; any complainant; any respondent; or any witness and will not share information about any supportive measure other than to the person to whom the measure applies unless necessary to provide the supportive measure. The College may disclose personally identifiable information and information related to supportive measures if permitted by or to fulfill the purposes of this Policy and obligations under law; if necessary to preserve a party’s access to the College’s education program or activity; when the College has obtained prior written consent from a person with the legal right to consent to the disclosure; when the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue; to carry out actions to address conduct that reasonably may constitute sex discrimination in the College’s education program or activity; as required by Federal law, Federal regulations, or the terms and conditions of a Federal award; to the extent such disclosures are not otherwise in conflict with Title IX; to comply with State or local law; when permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations; or to provide support to students with disabilities to determine compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, in the implementation of supportive measures.

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. As legally required, there are two grievance procedures:

• Section XI.B. Grievance Procedures apply to all complaints of sex discrimination, complaints of sex-based harassment that do not involve a student complainant or respondent, and all complaints of non-Title IX sex-based harassment in which the alleged conduct occurred prior to August 1, 2024. 
• Section XI.C. Grievance Procedures apply only to complaints of sex-based harassment involving a student complainant or student respondent in which the alleged conduct occurred on or after August 1, 2024.

The following general provisions apply to both grievance procedures (Section XI.B. and Section XI.C).

1. Right to File a Complaint.
   1. Complaints of Sex Discrimination or Retaliation. The following individuals have a right to submit a complaint alleging sex discrimination requesting that the College investigate and make a determination about the alleged prohibited conduct:
      1. A student or employee of the College who asserts/reports to have been subjected to conduct that could constitute sex discrimination or retaliation;
      2. A person other than a student or employee of the College who asserts/reports to have been subjected to conduct that could constitute sex discrimination or retaliation at a time when that person was participating or attempting to participate in the College’s education program or activity;
      3. A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
      4. The College’s Title IX Coordinator.
   2. Complaints of Sex-Based Harassment. The following individuals have a right to submit a complaint of sex-based harassment requesting that the College investigate and make a determination about sex-based harassment:
      1. A person if they themselves are alleged to have been subjected to the sex-based harassment;
      2. A person having a legal right to act on behalf of such person; or
      3. The College’s Title IX Coordinator.
2. 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.
3. Dismissal of Complaints. The Title IX Coordinator or Associate Vice President for Human Resources may dismiss a complaint.
   1. Grounds for Dismissal.
      1. The College is unable to identify the respondent after taking reasonable steps to do so;
      2. The respondent is not participating in the College’s education program or activity, including employment by the College;
      3. The complainant voluntarily withdraws, in writing, any or all of the allegations in the complaint; the conduct that remains alleged in the complaint, if any, would not constitute prohibited conduct, even if proven; and the Title IX Coordinator declines to initiate a complaint; or
      4. The Title IX Coordinator, Associate Vice President of Human Resources, or their respective designee determine the conduct alleged in the complaint, even if proven, would not constitute prohibited conduct under this Policy. Before dismissing the complaint, reasonable efforts will be taken to clarify the allegations.
   2. Notifications of Dismissal. Upon dismissal, the complainant will receive notification of the basis for the dismissal and grounds for appeal. If the dismissal occurs after the respondent has been notified of the allegations, then the respondent will also receive such notification following the notification to the complainant, or simultaneously if notification is in writing.
   3. Special Circumstances. Special circumstances exist when dismissing a complaint alleging sex-based harassment involving a student complainant or a student respondent. In such cases, if the dismissal occurs before the respondent has been notified of the allegations, written notice will be provided only to the complainant. However, if the complainant appeals the dismissal, respondent will be notified of the allegations and basis for dismissal.
   4. Supportive Measures. When a complaint is dismissed, the Title IX Coordinator or designee will:
      1. Offer supportive measures to the complainant as appropriate;
      2. Offer supportive measures to the respondent if respondent had been notified and as appropriate; and
      3. Take other prompt and effective steps, as appropriate and through the Title IX Coordinator, to ensure that unlawful sex discrimination does not continue or recur within the College’s education program or activity.
   5. Appeal of Dismissal of Complaint. Parties may submit an appeal to the Title IX Coordinator within three (3) calendar days of the issuance of the dismissal. Appeals must be in writing and state the grounds for appeal. Parties may also submit a written statement in support of the dismissal or challenging the dismissal. The decisionmaker for the appeal will be an individual who had not taken part in the investigation or dismissal decision under appeal. Dismissals may be appealed 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 determination or dismissal was made; and
      3. The Title IX Coordinator, investigator, or decision maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
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. 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.
6. No Conflicts of Interest. The College requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally, or an individual complainant or respondent. As long as there is no conflict of interest or bias, a decision-maker may be the same person as the Title IX Coordinator or investigator. At any time during the grievance process, a party may raise a concern regarding bias or conflict of interest, and the College will determine whether the concern is reasonable and supportable.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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 not involving a student complainant or respondent and sex discrimination. Procedures in this section, VII.B., also apply to allegations of non-Title IX prohibited conduct occurring prior to August 1, 2024.
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 have three (3) calendar days, which may be extended for good cause, from notice of the appeal to submit a written statement in support of, or challenging, the final determination.
   6. 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:
    1. Coordinate the provision and implementation of remedies, if any, to a complainant and other people the College identifies as having equal access to the college’s education program or activity limited or denied by sex discrimination;
    2. Confirm coordination of the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
    3. Take other appropriate prompt and effective steps to ensure that sex discrimination or other prohibited conduct does not continue or recur within the College’s education program or activity, including employment.

1. General. The grievance procedures in this section are for prompt and equitable resolution of complaints of sex-based harassment involving a student complainant or student respondent. If either a complainant or a respondent is a student of the College, the procedures in this section apply regardless of the status of the other party.
2. Student Employees. When a complainant or respondent is both a student and an employee of the College, the College will make a fact-specific inquiry to determine whether the requirements of this section apply. In making this determination, the College will, at a minimum, consider whether the party’s primary relationship with the College is to receive an education and whether the alleged sex-based harassment occurred while the party was performing employment-related work.
3. Written Notice of Allegations. Upon the initiation of the College’s sex-based harassment grievance procedures under this section, the Title IX Coordinator or designee will provide written notice to the parties whose identities are known with sufficient time for the parties to prepare a response before any initial interview. If, in the course of an investigation, the College decides to investigate additional allegations of prohibited conduct by the respondent toward the complainant that are not included in the notice previously provided, or that are included in a complaint that is consolidated, the College will provide notice of the additional allegations to the parties whose identities are known. The notice will include: 
   1. A copy of (or link to) the College’s grievance procedures under this section, and if applicable, and any informal resolution process;
   2. Sufficient information available at the time to allow the parties to respond to the allegations. Sufficient information includes: the identities of the parties involved in the incident(s), the conduct alleged to constitute prohibited conduct under this Policy, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available to the College;
   3. Reference to the specific grievance procedure to be followed;
   4. A statement that respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures under this section and that prior to the determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
   5. A statement that parties may have an advisor of their choice who may be, but is not required to be, an attorney; 
   6. A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence and an investigation report that accurately summarizes this evidence;
   7. A statement that the College’s student code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance procedure;
   8. A statement that retaliation is prohibited;
   9. A statement that parties should preserve evidence to the extent possible; and
   10. A statement regarding any other rights or options.
4. Delay of Notice. To the extent the College has reasonable concerns for the safety of any person as a result of providing this notice, the College may reasonably delay providing written notice of the allegations in order to address the safety concern appropriately. Reasonable concerns must be based on individualized safety and risk analysis and not on mere speculation or stereotypes.
5. Evidence Gathering. The burden is on the College—not on the parties—to conduct an investigation that gathers sufficient relevant, not otherwise impermissible evidence to determine whether the prohibited conduct occurred. The investigator will:
   1. Seek to gather and will review all relevant, available items and information, including but not limited to testimony, documents, electronic communications, photographs, videos, voice recordings, and material objects.
   2. Determine what evidence is relevant and what evidence is impermissible regardless of relevance.
   3. Provide reasonable status updates to the parties.
   4. Provide status updates regularly to the Title IX coordinator.
   5. Not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a nurse practitioner, physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the College obtains that party’s voluntary, written consent to do so.
   6. Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate;
   7. Seek to meet with each available party to ask relevant and not otherwise impermissible questions, including questions challenging the credibility of parties and witness to accurately determine relevance when evaluating one or more allegations.
   8. Provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding; however,  advisors are subject to the College’s restrictions regarding the extent to which the advisor may participate in the grievance procedures. These restrictions apply equally to the parties.
   9. Allow parties to propose to the investigator relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses. Each party may propose such questions that the party wants asked of any party or witness.
   10. Ask each of the party’s questions (if relevant and not otherwise impermissible) of the other party or witness(es) during one or more individual meetings, including follow-up meetings. The investigator will audio record the questions and the party’s and witness’ respective responses. The relevant and not otherwise impermissible questions and answers will be included as evidence. If questions are excluded, the investigation report will set forth the investigator’s reasoning for the decision.
   11. Prior to asking a party’s proposed question, determine whether a proposed question is relevant and not otherwise impermissible; request and provide an opportunity for a party to clarify or revise a question that is unclear or harassing of another party or witness. Questions that are unclear or harassing of a party or witness being questioned will not be permitted.
   12. Provide each party an equal opportunity to identify potential fact witnesses and provide any evidence (inculpatory and exculpatory) or other information relevant to the allegations being investigated.
   13. Interview all available, relevant witnesses and conduct follow-up interviews as necessary, including asking relevant and not otherwise impermissible questions, and challenging credibility to accurately determine relevance when evaluating one or more allegations. Provide each interviewed witness an opportunity to review and verify the investigator’s summary of their interview.
   14. Allow for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice to the parties that includes the reason for the delay.
6. Preliminary Investigation Report, Evidence Review, and Response. Prior to the conclusion of the investigation, the investigator will provide both parties and their respective advisors an equal opportunity to review and respond to the evidence as follows:
   1. Both parties will be provided access to the relevant and not otherwise impermissible evidence and the same written preliminary investigative report that accurately summarizes this evidence. A copy of the preliminary investigation report will also be provided to the Title IX coordinator.
   2. Each of the parties will be given a reasonable opportunity to propose relevant and not otherwise impermissible follow-up questions to be asked by the investigator of the other party and witnesses. Each party has five (5) calendar days to review and respond in writing to the evidence and investigator report, including providing the names and contact information for any additional witnesses for the investigator to consider. Parties and their respective advisors may propose written follow-up questions that are relevant and not otherwise impermissible to be asked by the investigator of any party or witness. Relevant and permissible follow-up questions will be asked by the investigator during one or more individual meetings. The investigator will audio record and/or create a transcript of the recording of the follow-up questions and responses and incorporate relevant, not otherwise impermissible responses into the final investigator report.
   3. Both parties will be provided access to an audio recording (or transcript) of the questions proposed by one party and asked by the investigator of the other party and witnesses in one or more meetings. Sharing or talking about the audio recordings and/or transcripts with those not involved in the grievance process will be considered “unauthorized disclosure.”
7. Evidentiary Decisions. The investigator will make evidentiary decisions and has discretion to determine relevancy of questions and evidence.
8. Final Investigation Report. Both parties will be provided the same written final investigative report that accurately summarizes relevant, not otherwise impermissible evidence. The final investigation report will include a recommendation to the decisionmaker as to whether the prohibited conduct occurred in violation of the Policy.
9. Standard of Proof. The standard of proof requires the investigator and decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness under preponderance of evidence standard.
10. Final Determination. The final determination will be made by a decisionmaker who is not the investigator. Prior to making a final determination, the decisionmaker will:
    1. Thoroughly review the final investigation report and relevant evidence that is not otherwise impermissible;
    2. To adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of prohibited conduct, and determine whether to meet with the parties and witnesses to conduct further questioning. The decisionmaker will make evidentiary decisions and has discretion to determine relevancy of questions and evidence.
    3. The decisionmaker will provide regular status updates to the Title IX coordinator.
    4. Prepare a written determination following an investigation and evaluation of all relevant and not otherwise impermissible evidence. The written determination should include the following (to the extent applicable):
       • Detailed incorporation of applicable sections of the final investigation report;
       • A description of the alleged prohibited conduct;
       • Information about the policies and procedures used to evaluate the allegations;
       • The decisionmaker's evaluation of the relevant and not otherwise impermissible evidence and determination whether the prohibited conduct occurred;
       • When the decisionmaker finds that prohibited conduct occurred, any disciplinary sanctions the College will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the College to the complainant, and, to the extent appropriate, other students identified by the College to be experiencing the effects of the sex-based harassment; and
       • The procedures for the complainant and respondent to appeal.  
    5. The written determination will be provided to the parties simultaneously.
    6. The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.  
11. Disciplinary Sanctions. The College will not impose discipline on a respondent unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited conduct. If there is a finding that respondent is responsible violating this Policy, the College will take immediate and proportionate corrective action.
    1. Student Respondent. If a student is found responsible for violating the Policy, the case will be referred to the appropriate process for disciplinary sanctioning under the Student Code of Conduct. The decisionmaker may be consulted and consideration of sanctioning factors set forth in this Policy is required. 
    2. Faculty, Staff, or Other Respondent. If a faculty member, staff, or other non-student respondent is found responsible for violating the Policy, the matter will be referred to the appropriate process for disciplinary sanctions or other corrective action facilitated by Human Resources. The decisionmaker may be consulted and consideration of sanctioning factors set forth in this Policy is required. 
    3. Factors. Factors considered when determining sanctions and corrective actions following a decision of responsibility may include, but are not limited to:
       • The nature, severity of, and circumstances surrounding the violation(s);
       • The Respondent's disciplinary history;
       • The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation;
       • The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation;
       • The need to remedy the effects of the discrimination, harassment, and/or retaliation on the complainant and the community;
       • The impact on the parties; and
       • Any other information deemed relevant by the decisionmaker(s).
    4. Effective Date and Implementation. The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested. The responsible unit is required to provide the Title IX Coordinator with written notification of the discipline, sanction(s), or corrective actions and confirmation of timely implementation. 
    5. Not Exclusive. The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.
    6. Range of Disciplinary Sanctions. Disciplinary sanctions and other corrective action may include, but are not limited to:
       1. Students. Required education; referral to counseling; verbal or written warnings; removal of privileges; removal from the residential system; probation; suspension; no contact directives; restrictions on student enrollment; trespass from campus; expulsion; and other actions as deemed appropriate.
       2. Employees. Required education; referral to counseling or coaching; performance improvement plans; enhanced supervision; verbal or written reprimand or warning; probation; removal of privileges; denial of pay increases; demotion; denial or delay of promotion; transfer; shift or schedule adjustments; reassignment; restrictions on future employment; no contact directives; trespass from campus; employee leave of absence without pay; suspension or termination of employment; other actions as deemed appropriate. A decision to suspend or dismiss a faculty member is subject to the procedures for Termination of Appointment prescribed in the Faculty Plan of Employment. Sanctions will be reasonably calculated to end the harassment and avoid its repetition.
    7. No party, witness, or others participating in these grievance procedures will be disciplined for making a false statement or for engaging in consensual sexual contact based solely on the determination whether prohibited conduct occurred.
12. Remedies. If there is a determination that prohibited conduct under this section occurred, as appropriate, the Title IX Coordinator will consult with the Associate Vice President of Human Resources (or designee) and/or the Vice President of Student Development (or designee) to:
    1. Coordinate the provision and implementation of remedies, if any, to a complainant and other people the College identifies as having equal access to the college’s education program or activity limited or denied by sex discrimination;
    2. Confirm coordination of the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
    3. Take other appropriate prompt and effective steps to ensure that sex discrimination or other prohibited conduct does not continue or recur within the College’s education program or activity, including employment.
13. Appeals. The College offers the following process for appeals from a final determination under this section.
    1. Grounds. Complainant(s) and respondent(s) may file a written appeal regarding the determination of responsibility within seven (7) calendar days from the date of the written determination on the following bases:
       1. Procedural irregularity that would change the outcome;
       2. New evidence that would change the outcome and that was not reasonably available when the final determination prohibited conduct occurred;
       3. The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome; and
       4. Disciplinary sanctions imposed for student respondents were inappropriate for the prohibited conduct found to have occurred.
    2. Written Statements. Parties have three (3) calendar days, which may be extended for good cause, from notice of the appeal to submit a written statement in support of, or challenging, the final determination.
    3. Decisionmakers. Appeals involving student respondents will be determined by the Vice President for Student Development or designee. Appeals not involving student respondents will be determined by the Associate Vice President of Human Resources or designee. If either person has a conflict of interest or was an investigator or decisionmaker in the matter at issue, the President will designate the person to determine the appeal.
    4. The Title IX Coordinator will make available the complaint, the investigation report, the audio recordings and/or transcripts, any other relevant and not otherwise impermissible evidence, and the written appeal submissions, to the appropriate appeal decisionmaker(s).
    5. Parties will receive notification of the result of the appeal in writing and the rationale for the result.  

At any time before the issuance of a final determination, the parties may elect to resolve a 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 Associate Vice President of Human Resources (or their respective designees) determine that alternative resolution is an appropriate mechanism for resolving the specific complaint. Otherwise, a complaint that is not dismissed will proceed to a final determination under the appropriate grievance procedures. Parties will be informed in writing of an offer to resolve via alternative resolution and their rights and responsibilities in informal resolution process.

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.

Officials who serve as Title IX coordinators, deputy Title IX coordinators, investigators or decisionmakers receive annual training on the definition of prohibited conduct; 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 procedures, including 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 during the grievance process; issues of relevance of questions and evidence, including when questions and evidence are prohibited regardless of relevance. Training materials are available upon request from the Title IX Coordinator.

The College will maintain the following for at least seven years: For each complaint of sex discrimination, records documenting the alternative resolution process or the grievance procedures, and the resulting outcome and or each notification that the Title IX Coordinator receives of information about conduct that reasonably may constitute sex discrimination under Title IX or this Policy, records documenting the actions that the College took to meet its obligations under applicable law.

Kalamazoo College has designated the Director of Gender Equity and Access as the Title IX Coordinator. The Title IX Coordinator will be informed of all reports of sex discrimination, sex-based harassment, violence, dating violence, domestic violence, and stalking, and will oversee the College’s review, investigation and resolution of these cases to ensure compliance with Title IX and effective implementation of this policy. Contact information can found below and on the Office of Gender Equity and Access website.

Tanya Jachimiak, JD 
Director, Office of Gender Equity and Access
Title IX Coordinator
Section 504 Coordinator
1200 Academy Street Kalamazoo, MI 49006
Location: Upjohn Library Commons, Office 217
Phone: 269.337.7480
Email: Tanya.Jachimiak@kzoo.edu 

The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. If government laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, or court holdings. This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.

Approved as an interim policy effective on August 1, 2024

Policy Against Harassment and Gender Discrimination (Effective August 15, 2020 – August 1, 2024)