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 The formal complaint may be dismissed if (i) the Complainant requests that the complaint be withdrawn or (ii) specific circumstances prevent gathering evidence sufficient to reach a determination. 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 The formal complaint may be dismissed if (i) the complainant requests that the complaint be withdrawn; (ii) neither complainant nor respondent are affiliated with the College at the time of the filing of the formal complaint; or (iii) specific circumstances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.