B. Grievance Procedures for Complaints of Sex-Based Harassment and Discriminatory Harassment on the Basis of Protective Characteristics

  1. General. This section’s grievance procedures are for prompt, fair, impartial, and equitable resolutions of complaints of sex-based harassment and prohibited discriminatory harassment on the basis of race, color, religion, age, national origin, height, weight, veteran status, and disability. These procedures are not applicable to prohibited conduct covered by this Policy’s Section XI.C. or by the Student Disability Grievance Procedures.
  2. Complaint. A complaint is complainant’s written or oral request for the College to investigate and to make a determination as to the alleged prohibited conduct. Even in the absence of a complaint, the College may investigate any alleged prohibited sex-based harassment or prohibited discriminatory harassment and take remedial action as it deems appropriate. If the College initiates an investigation through its Title IX coordinator or other administrator, the Title IX coordinator or other administrator does not become a complainant.
  3. 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.
  4. Dismissals. Generally, the College will not investigate or will dismiss an investigation if certain criteria are not met.
    1. The College will not investigate under these procedures if the alleged conduct is outside the scope and/or coverage of the Policy or the allegations would not, even if proven, meet a definition of prohibited conduct.
    2. The College may not investigate under these procedures if (i) the complainant requests that the allegations not be investigated; (ii) neither complainant nor respondent are affiliated with the College at the time of the report of prohibited conduct; or (iii) specific circumstances prevent gathering evidence sufficient to reach a determination.
  5. Referrals – Other Policies. If the alleged conduct is outside the scope and/or coverage of this Policy, the complaint may be referred for review under other applicable College policies.
  6. Notice of Allegations. Upon initiation of this section’s grievance procedures and for any additional allegations not included in the initial notice of allegations, the parties whose identities are known will receive notification of allegations to be investigated that will include the following: 
    1. A copy of or link to the College’s Policy;
    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 privacy 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;
    8. A statement about the availability of supportive measures; and
    9. A statement that the parties will be entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence. 
    10. 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.    
  7. Advisors/Support Person. A complainant and respondent are entitled to the same opportunities to have an advisor/support person 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/support person. The College reserves the right to limit the nature of participation of advisors/support persons if such participation violates any policy of the College or to protect the legal rights of individuals.
  8. 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.
  9. 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 in violation of this Policy. 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. Provide each party an equal opportunity to provide relevant, not otherwise impermissible questions and follow-up questions, including those challenging credibility, that the party would like the investigator to ask of the other party.
    5. Interview 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. Generally, witnesses are provided an opportunity to review and verify the investigator’s summary of their interview.
    6. Provide the parties with reasonable 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 shall not be based on a person’s status as a complainant, respondent, or witness.
  10. 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 or an accurate description of such evidence. If an accurate description is provided, a party may request access to the relevant, not otherwise impermissible evidence.
    • Within three (3) business 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 deemed appropriate by the investigator.
  11. Evidentiary Decisions. The investigator will make evidentiary decisions and determine relevancy of questions and evidence and what evidence is impermissible regardless of relevance.
    1. Relevancy. Relevancy relates to the allegations under investigation as part of any grievance procedure. 
      • 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 decision-maker in determining whether the alleged prohibited conduct occurred by having value or tendency to make a fact more or less probable than it would be without the evidence.
    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: Offered to prove that someone other than the respondent committed the prohibited behavior; or the question or evidence concerns sexual behavior between the complainant and the respondent and is offered to prove consent for the reported prohibited conduct.
  12. Preservation of Evidence. It is critical that parties preserve all evidence related to the allegations. 
  13. 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.
  14. 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 by a preponderance of evidence that the prohibited conduct occurred, whatever the quantity of the evidence is, the investigator will not determine that the prohibited conduct occurred and/or that there was a violation of the Policy.
  15. Final Determination Notification. Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the investigator or designee will notify the parties of the determination. Generally, 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 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, the parties will receive the written notification simultaneously and, in addition to the foregoing, the written determination will include any disciplinary sanctions. If there are changes to the determination, the parties will receive simultaneous written notification of the change and when such result becomes final.
  16. 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 otherwise available prior to the determination;
      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, 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.
  17. Disciplinary Sanctions. The College will not impose discipline on a respondent under this Policy unless there is a determination at the conclusion of the investigation that the respondent engaged in prohibited conduct in violation of this Policy. If there is a finding the respondent is responsible for violating this Policy, the College will take proportionate corrective action.
    1. Notification to Title IX Coordinator. The responsible office/department/division is required to provide the Title IX ocordinator 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 that may be considered in 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 under other policies or 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.
  18. 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 consider whether the College will provide remedies designed to restore or preserve a complainant’s equal access to the College’s education programs or activities. Remedies may include counseling, academic accommodations, academic support, or employment accommodations. Other remedies may include targeted or broad-based educational programming or training. The Title IX coordinator or other designated College employee will be responsible for effective implementation of remedies.