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.