A. General Provisions

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

  1. Equitable treatment. All procedures, rules, and practices adopted as part of the formal grievance processes will apply equally to both parties.
  2. Limited Amnesty for Students Related to Alcohol and Other Drug Use. The College strongly encourages students to report incidents violating this Policy. Students who act responsibly by reporting to the appropriate authorities information about conduct violating this Policy will not face College disciplinary action for their own alcohol or other drug possession or consumption in connection with the reported incident.
  3. No Conflicts of Interest. The College does not allow conflicts of interest or bias for or against complainants or respondents generally or an individual complainant or respondent by its Title IX coordinator(s), investigators, hearing officers, or other persons making decisions regarding allegations under this Policy, grievance process, or related practices or protocols. Any concern regarding bias or conflict of interest should be promptly submitted to the Title IX coordinator or a Deputy Title IX coordinator.
  4. Presumption of Not Responsible. A respondent is presumed to be not responsible for the reported conduct until a determination regarding responsibility is made at the conclusion of a formal grievance process. The presumption may be overcome only if a preponderance of evidence supports a finding that the respondent is responsible for violating this Policy.
  5. Standard of Proof. The College uses the preponderance of the evidence standard to determine whether the alleged conduct has occurred, irrespective of the status of the complainant or respondent.
  6. Failure to Participate. Although persons are encouraged to participate in investigations, participation in a grievance process is voluntary and parties will not be compelled to participate. No inferences or assumptions will be drawn with regard to a party’s decision not to provide a statement, be interviewed, or submit to questioning. However, failure to participate during the process will impact the information the decision-maker may consider. This provision may not apply to witnesses who are non-student employees.
  7. Other Policies. Parties may be also subject to other specific, relevant portions of this Policy, the Student Code of Conduct, the Faculty Handbook, and Staff Handbook.
  8. Knowledge and Training. Investigations and hearings are conducted by persons who receive annual training on the elements of Title IX sexual harassment, including domestic violence, dating violence, sexual assault, and stalking; the elements of other sex-based harassment; the scope of the College’s education program or activity; conducting an investigation and grievance process including hearings, appeals, and informal resolution process, as applicable; serving impartially, including by avoiding prejudgement of the facts at issue, conflicts of interests and bias; using technology at a live hearing; and issues of relevance of question and evidence.