1. General. The grievance procedures in this section are for prompt and equitable resolution of formal complaints of Title IX Sexual Harassment.

1. Formal Complaint. The formal grievance process (investigation and hearing, if applicable) of Title IX Sexual Harassment allegations can only be initiated when a written formal complaint is signed and filed by the complainant or the Title IX coordinator. The requirements for a formal complaint are as follows:
   1. Content: The formal complaint must set forth in writing the specific allegations of prohibited conduct against the Respondent(s), must be signed (in writing or electronically) by complainant or the Title IX coordinator, and must request that the College investigate the allegation(s).
   2. Anonymity: A complainant cannot be anonymous once a formal complaint is signed.
2. Title IX Coordinator Formal Complaint. When the Title IX coordinator believes that, with or without the complainant’s desire to participate in a grievance process, a non-deliberately indifferent response to the allegations or other applicable law requires an investigation, the Title IX coordinator has the discretion to initiate the grievance process by signing a formal complaint. Where the Title IX coordinator signs a formal complaint, the Title IX coordinator is not a complainant or otherwise a party under these grievance procedures. Further, initiation of a formal complaint by the Title IX coordinator is not sufficient alone to imply bias or that the Title IX coordinator is taking a position adverse to the respondent. 
3. Applicability. The formal grievance process will include all procedural requirements specific to the Title IX regulations if any conduct in the Title IX formal complaint is prohibited conduct as defined under Title IX Sexual Harassment and the following Title IX coverage criteria is met:
   1. Complainant is (a) an individual who is reported to have been subjected to Title IX Sexual Harassment (as defined above) in the United States; (b) is a student, employee or third party; and (c) is participating in, or attempting to participate in, the institution’s education program or activity at the time of filing a formal complaint.
   2. Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment prohibited by Title IX (Title IX Sexual Harassment, as defined above). 
   3. The conduct occurred or is occurring in the context of a College education program or activity, including (a) locations, events, or circumstances in which the College exercises substantial control over both the Respondent and the context in which the reported Title IX Sexual Harassment occurred or is occurring and (b) buildings owned or controlled by student organizations officially recognized by the College.
4. Consolidating Complaints. The College may consolidate formal complaints involving more than one Complainant or more than one Respondent, including where the allegations of prohibited conduct arise out of the same facts or circumstances. When consolidated, complaints proceed through the formal grievance process jointly, but determinations regarding responsibility will be made as to each party and allegation. 
5. 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.
6. 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 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.

2. Dismissals of a Title IX Sexual Harassment Formal Complaint. Prior to an investigation or at any time during the formal resolution process set forth in this Grievance Procedures section, allegations in a formal complaint must be or may be dismissed as set forth below.

1. Required Dismissal. The formal complaint must be dismissed if the conduct alleged in the formal complaint:
   1. Would not constitute Title IX sexual harassment even if proved;
   2. Did not occur in the College’s education program or activity; or
   3. Did not occur against a person in the United States.
2. Permitted Dismissal. The formal complaint may be dismissed if:
   1. The complainant notifies the Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations in the formal complaint;
   2. The respondent is no longer enrolled or employed by the College; or
   3. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations in the formal complaint.
3. Appeal of Dismissal. If a formal complaint is dismissed, complainant and respondent will receive notice of the dismissal, including a 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. 
4. Referral to Other Non-Title IX Policy Provisions. A dismissal of formal complaint allegations does not preclude action under another provision of this Policy or other applicable College policies.

3. Timeframes; Extension for Good Cause. An investigation after the filing of a formal complaint will, in most cases, be completed within sixty (60) days, and a written decision following a hearing, if applicable, will be issued within thirty (30) days. These time periods may be extended for good cause at the discretion of the Title IX coordinator, Deputy Title IX coordinator, or designee, if deemed necessary to conduct a thorough investigation or hearing, to protect the rights of all parties, or for other reasonable considerations, including absence of a party, a party’s advisor, or a witness; or the need for language assistance or accommodation of disabilities. Parties will be sent written notice of any delay or extension, including the reason for the delay or extension. A temporary delay may be requested in writing and provided to the Title IX coordinator and investigator.

4. Equitable Treatment. All procedures, rules, and practices adopted as part of the formal grievance process will apply equally to both parties. Parties will receive identical copies of all investigation reports and written decisions.

5. Presumption of Non-Responsibility and Standard of Evidence. A respondent is presumed to be not responsible for violating the Policy or engaging in conduct set forth in the formal complaint until a determination regarding responsibility is made at the conclusion of a formal grievance process. The presumption may be overcome only where a preponderance of the evidence supports a finding that the respondent is responsible for violating this Policy.

6. Standard of Proof. The standard of proof is “preponderance of evidence.” “Preponderance of the evidence standard” means that the respondent will be found responsible if, based upon all relevant evidence, it is “more likely true than not” that respondent is responsible for the reported conduct. If the evidence on a particular allegation is equally balanced, then that allegation is not “more likely true than not.”

7. 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 in this Policy.
   • 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:
   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. A YWCA advocate may be able to advise on or assist with the preservation of evidence.

8. 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.

9. Permissive Discussion. This Policy does not restrict the ability of any party to discuss the allegations under investigation or to gather and present relevant evidence or present witnesses. Notwithstanding, parties may not violate other provisions this Policy, such as prohibited retaliation, or other policies or laws, such as FERPA.

10. Limited Immunity: Alcohol and Drug Use. The College strongly encourages students to report incidents violating this Policy. Therefore, students who act responsibly by reporting to the appropriate authorities information about conduct violating this Policy typically will not face College disciplinary action for their own drug or alcohol possession or consumption in connection with the reported incident.

11. Investigation Process. The investigation is a neutral fact gathering process. The investigation shall be fair and impartial and not rely upon stereotypes.

1. Notice of Investigation. Once a formal complaint is received, the Title IX coordinator will notify the complainant(s) and the respondent(s), in writing, of the initiation of an investigation. In the notice of investigation, the Title IX coordinator or Associate Vice President of Human Resources will identify the parties; specify the date, time, location, and nature of the reported prohibited conduct alleged in the formal complaint; identify potential policy violations; identify the investigator; explain the availability of supportive measures, confidential resources, and the right to an advisor of a party’s choosing (including the availability of College provided advisors for hearings); and an instruction to the parties to preserve any potentially relevant evidence.
2. Meeting Notifications.The investigator will notify and seek to meet separately with the parties and third-party witnesses. The investigator will provide written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.
3. Status Updates. The parties will receive updates regarding the status of the investigation.
4. Evidence Gathering. The investigator will seek to gather relevant and available information including, without limitation, electronic or other records of communications between the parties or witnesses, photographs, and/or medical records (subject to the voluntary, written consent of the applicable party).
   1. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties.
   2. 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 the professional’s or paraprofessional’s capacity, or assisting in that 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.
5. Equal Opportunity to Submit Evidence. Both parties will be provided an equal opportunity to present inculpatory and exculpatory evidence and to present fact witnesses and expert witnesses. The investigator will review and determine whether the evidence is directly related to the allegations and relevancy.
6. Evidence Review. At the end of the investigation and prior to finalization of the investigation report, parties will be provided an equal opportunity to inspect and review evidence (inculpatory and exculpatory) that is directly related to the allegations in the formal complaint and that was obtained as part of the investigation.
   1. The investigator will send to each party and the party’s advisor (if any) the evidence subject to inspection and review. The evidence will be in an electronic format or hard copy or by other format as agreed upon by the investigator, party, and party’s advisor (if any).
   2. Each party may submit a written response to the investigator within 10 calendar days.
   3. The investigator will consider written responses prior to completion of the investigation report.
   4. All such evidence will be available at any hearing to give each party an equal opportunity to refer to the evidence during the hearing, including for purposes of cross-examination.
7. Investigation Report. Following the investigator’s consideration of written responses, the investigator will prepare a written investigation report.
   1. Content. The investigation report will include a fair summary of relevant evidence; statement of the allegations in the formal complaint; identification of the Policy’s definition of prohibited conduct that is alleged; a description of the procedural steps taken from the receipt of the formal complaint through the conclusion of the investigation, including notifications to the parties, interviews with parties and witnesses; and other methods used to gather evidence. Although the investigation report will include relevancy determinations, it will not contain a determination as to whether a party is responsible for violating this Policy. The investigator will refer the matter to a hearing for final determination as to whether a party is responsible for violating this Policy.
   2. Notification to Parties. The investigation report will be sent electronically or in hard copy to each of the parties and their advisors (if any) at least 10 days prior to a hearing (if any) or other determination. The investigator will also make relevant evidence available to the parties and their respective advisors.
8. Response to Investigation Report. Following the issuance of the investigation report, parties and advisors have ten (10) calendar days to review and respond in writing to the investigation report and evidence, including providing appropriate context and correction as well as arguments about whether all of the evidence is relevant, the investigator reached a wrong conclusion about the relevance of evidence, or whether relevant evidence has been omitted. Parties’ responses to the investigation report should be provided directly to the Title IX Coordinator, who will forward to the decision-maker(s).
9. Advisors. Parties will be provided with the same opportunities to have others present during any grievance proceeding, including an equal opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. However, the College has established restrictions regarding the extent to which an advisor may participate in the proceedings and such restrictions apply equally to both parties.

12. Hearing Process. Title IX requires a live hearing with cross-examination by a party’s advisor. Hearings will be conducted by trained, unbiased, neutral decision-maker(s). There may be two decision-makers assigned to preside over a hearing. Hearing decision-makers are trained in Title IX and this Policy (as set forth above, Section C.1.a.); neutral and unbiased; and not involved in any other portion of the process in a particular case.

1. Notice. The hearing decision-makers(s) through the Title IX Coordinator (or designee) will provide, to each party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of the hearing, or other meetings, with sufficient time for the party to prepare to participate in a meaningful way.
2. Technology. Technology will be used to allow a party to appear virtually during a hearing. The College will take steps to ensure that all parties, advisors, witnesses, and hearing decision-maker(s) can access adequate technology to meaningfully participate. All hearing decision-makers will be trained in the use of technology required to conduct a hearing virtually.
3. Decorum. The hearing decision-maker(s) is responsible for conducting an orderly, fair, and respectful hearing and has broad authority and discretion to respond to disruptive or harassing behaviors, including adjourning the hearing or excluding disruptive persons.
4. Cross-Examination. At the hearing, each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Cross-examination will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. Complainants and respondents will not be located in the same room for a hearing. Hearings are typically conducted virtually with technology that provides for simultaneous audio and visual participation.
5. Recording. The College will create a video or audio recording of the hearing and make it available to the parties for inspection and review upon request. Hearings are closed to the public.
6. Evidentiary Decisions. The hearing panel makes evidentiary decisions and has discretion to determine relevancy of questions and relevancy of evidence. The hearing decision-maker(s) retains the right to exclude questions or evidence that are not relevant.
   1. Cross-Examination Responses. A complainant, respondent, or witness may not answer a cross-examination question until after the hearing decision-maker determines (in real time) whether the question is relevant. If determined not relevant, the hearing decision-maker will provide an explanation for the decision to exclude a question and will direct the party to not answer the question.
   2. Prior Sexual History. Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
7. Advisor and Support Persons. Parties may ask questions of the other party and/or witnesses only through an advisor. Parties may have an advisor of their choosing at the hearing. If a party does not have an advisor for a hearing, the College will provide an advisor of the College’s choice without fee or charge to the party. Parties may also have a support person present during the hearing subject to FERPA restrictions. Advisors and support persons (if permitted) are required to abide by the rules of decorum.
8. Failure to Appear or Submit to Cross-Examination. Participation in the hearing is voluntary and the College cannot compel a party or witness 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 cross-examination. However, failure to answer questions at the hearing will impact the information the hearing decision-maker(s) may consider.
9. Decision Regarding Responsibility. At the conclusion of the investigation and hearing, the hearing decision-maker(s) will evaluate the evidence and decide, based on a preponderance of the evidence, whether the respondent is responsible for violating this Policy. The hearing decision-maker(s) shall objectively evaluate all relevant evidence—including both inculpatory and exculpatory evidence—and credibility determinations shall not be based on a person’s status as a complainant, respondent, or witness. The hearing decision-maker(s) will provide the parties and their advisors a date upon which they will receive the written decision.
10. Written Decision. The hearing decision-maker(s) will explain in writing the reasons for determinations regarding responsibility, including findings of fact, conclusions about whether it “is more likely true than not” that respondent is responsible for the reported conduct, and the rationale for the results as to each allegation. The allegations at issue and procedural steps from receipt of the formal complaint through the determination will also appear in the written decision so that both parties have a thorough understanding of the investigative process that led to the determination regarding responsibility. Where applicable, the decision will also include whether remedies will be provided to the complainant(s) and any disciplinary sanctions.
11. Simultaneous Notification of Decision. The hearing decision-makers typically through the Title IX coordinator or designee, will provide the written decision to the parties simultaneously. The parties will also be informed in writing of the right to appeal and the appeal procedures.
12. Standard of evidence. 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.

13. Appeal Process. 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 decision. This time frame may be extended for good cause.

1. Grounds for Appeal. There are three (3) grounds upon which a party (complainant and/or respondent) may appeal:
   1. Procedural irregularity that affected the outcome of the matter;
   2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
   3. The Title IX coordinator, investigator(s), or hearing decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
2. Process.
   1. Students wishing to appeal a decision should refer to the processes contained in the Student Code of Conduct.
   2. Employees may appeal in writing to the President. The President (or designee) decides whether an appeal will be heard. If the President (or designee) deems that the written appeal meets the above requirements, the President will assign the appeal to the appropriate process for consideration.
   3. An appeal must not be decided by the same persons who served as hearing panel members or investigators for the case.
   4. The Title IX coordinator will make available the formal complaint, the investigative report, the hearing recording, all statements introduced at the hearing, any other evidence considered by the hearing panel, the written findings, and the written appeal submissions with the appropriate appeal decision-maker(s). In addition, if an appeal raises procedural issues, the Title IX coordinator may provide the appeal decision-maker(s) additional information relevant to those issues.
   5. In the event that the appeal decision-maker(s) determines that the decision of the hearing decision-maker(s) should be overturned, the appeal decision-maker(s) will specify, after consultation with the Title IX coordinator and other College administrators as necessary, the appropriate steps to be taken to come to a final resolution of the formal complaint (which may include another hearing before the same hearing panel or a different one).

14. Sanction Process. If a respondent is found responsible for violation of this Policy, the hearing decision-maker(s) will include a sanction in the decision. If an appeal is filed, the implementation of a sanction or discipline may be delayed until the decision regarding responsibility becomes final.

1. Student Respondent. If a student is found responsible for violating the Policy, the sanction will be referral to the appropriate process for discipline under the Student Code of Conduct after consultation with the decision-maker and consideration of sanctioning factors.
2. Faculty, Staff, or Other Respondent. If a faculty member, staff, or other non-student respondent is found responsible for violating the Policy, the sanction will be referral to the appropriate process for discipline or corrective action facilitated by Human Resources.
3. Sanction Determination. Sanctions and discipline for a finding of responsibility will be informed by the nature and the gravity of the misconduct. Sanctions and discipline may include, but are not limited to, referral to counseling, required education, verbal or written reprimand or warning, probation, removal of privileges, restrictions on enrollment, no contact directives, trespass from campus, removal from the residential system, leave of absence without pay, suspension or termination of employment. 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.
4. Notice to Title IX Coordinator. 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. Title IX Remedies. For determinations regarding responsibility under this section, hearing decision-makers may determine remedies provided by the College that are designed to restore or preserve a complainant’s equal access to the College’s education programs or activities and 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 designee is responsible for effective implementation of remedies.

15. Supportive Measures. As set forth in Section VII, supportive measures are available to complainants and respondents.