Policy Against Harassment and Gender Discrimination (Effective August 15, 2020 – August 1, 2024)

Section I: Introduction

Kalamazoo College (the “College”) is committed to ensuring a working and learning environment free from all forms of unlawful discrimination and harassment, including sexual harassment and gender-based violence. In adherence with applicable laws and as provided by College policies, Kalamazoo College is committed to equal rights, equal opportunities, and equal protection under the law and prohibits unlawful discrimination in its employment practices and its educational programs and activities. Nondiscrimination in educational programs and activities extends to employment and admission. The College administers its programs, activities, and services without regard to race, color, religion, age, sex, national origin, height, weight, marital status, veteran status, familial status, disability, genetic information, gender identity, sexual orientation, or any other characteristic or status protected by applicable laws.

As part of this commitment and to further the safety and well-being of all members of the College community, the College’s Policy Against Harassment and Gender Discrimination (the “Policy”) prohibits gender discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and stalking. This commitment applies to admissions, employment, access to and treatment in College programs and activities.

Additionally, the College complies with Title IX of the Higher Education Amendments of 1972, 20 U.S. C. § 1681 et seq. (“Title IX”), which prohibits discrimination based on sex in education programs or activities; and Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment in employment; as well as other federal and state laws (including the Elliott-Larsen Civil Rights Act).

Section II: Scope

All College students, faculty, staff, volunteers, and Board members are considered members of the College campus community. College community members are expected to comply with this Policy.

The Policy applies to conduct that takes place:

On Kalamazoo College’s campus;
On all properties owned or leased by the College;
In the context of any educational program or activity of the College, regardless of location (including but not limited to service-learning activities, study abroad, and internship programs) where either the Complainant or the Respondent is a member of the College community; or
Off campus when the conduct has continuing adverse effects on campus and either the Complainant or the Respondent is a member of the College community or in an off-campus program or activity that is sponsored or recognized by the College and either the Complainant or the Respondent is a member of the College community.

If the Respondent is not a member of the College community, the College will offer and implement supportive measures, as they are reasonably available and accessible, in order to support the Complainant and redress any harm caused by prohibited conduct. This policy replaces all previous College policies regarding sex discrimination, sex harassment, sexual assault, dating violence, domestic violence, stalking, and sexual exploitation.

Section III: Reporting Options

Reports of sex discrimination, sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, stalking, and/or retaliation may be made using any of the following options.

Submit a written report to, or give verbal notice to, the Title IX Coordinator or any Deputy Title IX Coordinator. Such a report may be made at any time (including non-business hours) by using the telephone number, email address, or mailing address listed for the Title IX Coordinator.

Tanya Jachimiak, JD
Director, Office of Gender Equity and Access
Title IX Coordinator
Section 504 Coordinator
Upjohn Library Commons, Office 217
1200 Academy Street, Kalamazoo, MI 49006
269.337.7480
Tanya.Jachimiak@kzoo.edu

Report online using the reporting form. Anonymous reports are accepted.
Report by calling the College’s Campus Safety at 269.377.7321. Campus Safety is required to forward any reports it receives to the Title IX Coordinator.

Anyone who becomes aware of prohibited conduct is encouraged to immediately report to Campus Safety and to the Title IX Coordinator. If the prohibited conduct is also a crime, reporting to the City of Kalamazoo Department of Public Safety (911) or to the local police department is also encouraged.

Employee responsibilities to report are set forth in Section V (Mandatory Reporting).

Section IV: Confidential Resources

Confidential Resources For Students

Kalamazoo College Counseling Center
Dr. Erica Pearson, Ph.D., LPC, NCC
Calvin Ruff, LMSW
269-337-7190 or 7191 (Monday-Friday, 9 a.m.-5 p.m.)
Uwill 833-646-1526 (24/7 Crisis Support)
269-337-7321 (available 24 hours by contacting Campus Safety)

Office of Religious and Spiritual Life
Reverand Dr. Liz Hakken Candido
College Chaplain
Stetson Chapel
269-337-7361
Elizabeth.Candido@kzoo.edu

Student Health Center
Hicks West, 1st Floor
269-337-7200 (Monday-Friday 10 a.m.-12:30 p.m. and 1:30-4 p.m.)

YWCA Victim Advocacy
269-385-3587 (24/7 Crisis Line)
269-385-3587 (Sexual Assault Nurse Examiner)

Bronson Trauma and Emergency Care
888-383-2192 (24/7 Sexual Assault/Relationship Violence Crisis Line)
269-341-7654 (Emergency Department)

Borgess Emergency and Trauma Center
269-226-4815 (Emergency Department)

Gryphon Place
211 or 269-381-4357 (24/7)

Confidential Resources for Employees

Employee Assistance Program (EAP)
Stacey Grayson, LMSW
Behavioral Health Systems, Inc. (BHS)
Employer ID: KZC
sgrayson@behavioralhealthsystems.com
1-800-245-1150 (24/7)

YWCA Victim Advocacy
269-385-3587 (24/7 Crisis Line)
269-385-3587 (Sexual Assault Nurse Examiner)

Bronson Trauma and Emergency Care
888-383-2192 (24/7 Sexual Assault/Relationship Violence Crisis Line)
269-341-7654 (Emergency Department)

Borgess Emergency and Trauma Center
269-226-4815 (Emergency Department)

Gryphon Place
211 or 269-381-4357 (24/7)

National and Study Abroad Resources

The National Domestic Violence Hotline
1-800-799-SAFE (7233)
24-hour support in many languages

National Sexual Assault Hotline
1-800-656-HOPE (4673) or chat at online.rainn.org
24-hour free and confidential support

National Child Abuse Hotline
1-800-4-A-Child (1-800-422-4253)
24 hour, anonymous, and confidential support in 170 languages

US Consular Assistance to US Crime Victims (Not Confidential)
U.S. State Department assistance to U.S. citizens who become victims of crime while abroad.

Section V: Mandatory Reporting

All members of the College community are encouraged to report conduct that is prohibited by this Policy, whether experienced firsthand, observed, or learned.

Who must report. All College employees, except those exempt by law, are considered mandatory reporters and are required to report as soon as possible any instances of conduct prohibited by the Policy that they observe or of which they learn, even if the individuals involved do not report it. This includes Resident Assistants and other student workers with leadership or supervisory roles. Exempt College employees are confidential resources, such as licensed mental health counselors and the College Chaplain.
To whom to report. Concerns about conduct that may violate this policy must be reported to the Title IX Coordinator or to a Deputy Title IX Coordinator. The Title IX Coordinator will notify Human Resources Associate Vice President and/or the College Provost involving concerns about employees and third parties. The Title IX Coordinator will also notify Campus Security for concerns involving possible criminal conduct. The Title IX Coordinator will notify the Vice President for Student Development involving concerns about students. Notifications are made on a need-to-know basis.
Privacy. Some level of disclosure may be necessary to ensure a complete and fair investigation, although the College will comply with requests for privacy to the extent possible. No promise of nonaction or anonymity can be made once notice of sexual harassment or conduct prohibited by this Policy is received by the Title IX Coordinator or another official with authority to institute corrective measures. Information will be released on a need-to-know basis.

Section VI: Title IX Coordinator Notifications to Other Offices

The Title IX Coordinator or designee must provide written notification to Campus Safety and/or local police if a crime has been alleged; there are immediate safety concerns; or when information raises suspicion that a child may be abused or neglected. In most matters involving allegations against employees, the Title IX Coordinator will send notification of the report to Human Resources. Similarly, other offices, such as College Advancement in matters involving allegations against alumni or Admissions in matters involving allegations against admitted applicants, may be notified. Notifications are made on a “need to know basis.” To the extent possible, the reporting party’s identification and Complainant’s identification will not be provided in the notification.

In matters involving international student respondents, the Title IX Coordinator or designee may be legally required to provide written notification to the Center for International Programs.

Section VII: Definitions

The following terms are used throughout and for the purposes of this Policy are defined below.

Complainant: The Complainant is the individual who has alleged subjection to conduct that could constitute discrimination, harassment, sexual harassment, other prohibited behavior under this Policy.

Consent: Consent is the act of freely, actively, and willingly agreeing to engage in sexual behavior. Consent may be asked for and given verbally or through non-verbal communication or actions. Consent can be withdrawn at any time by communicating words or actions to the other person. Consenting to one sexual act does not imply consent to another sexual act. Whether someone has given consent is based on the totality of the circumstances and is determined by reference to a reasonable person in the same or similar circumstances. Consent cannot be inferred from silence, passivity, or a lack of resistance. Consent cannot be inferred from a current or previous dating or sexual relationship. A person is considered to be incapable of giving consent if they are asleep, unconscious, otherwise unable to communicate, incapacitated due to alcohol and/or drugs, a minor who is under the age of 16, or mentally handicapped.

Employee: An employee of Kalamazoo College includes persons employed full-time, part-time, regular, short-term, and temporary.

Incapacitated: A person is considered incapacitated if the person cannot understand the sexual nature of the proposed act, cannot understand that they have the right to refuse to participate in the act, or are otherwise unaware that the sexual activity is occurring. For example, a person is incapacitated if, because of the effects of alcohol, narcotics, drugs, or other substances, the person cannot understand the sexual nature of the proposed act or cannot understand that they have the right to refuse to participate in the act, and the Respondent knows or should know (based on a reasonable person standard) that the other person does not have the capacity to consent.

Prohibited Conduct: Prohibited conduct is defined in Section VIII.

Respondent: The Respondent is the person whose alleged conduct could constitute discrimination, harassment, sexual harassment, or other prohibited behavior under this Policy.

Student: The term “student” includes persons enrolled in courses at Kalamazoo College, either full-time or part-time; persons participating in College sponsored programs and/or activities such as study abroad or domestic exchange programs; and persons previously enrolled in courses at the College but who are on leaves of absences or have been placed on administrative withdrawals.

Section VIII: Prohibited Conduct

The following conduct is prohibited by this Policy.

Title IX Sexual Harassment

Title IX Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:

An employee of the College conditioning a provision of aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
Unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education, program, or activity as determined by a reasonable person standard.
Other “sexual offenses” defined in the following statutes and described in this Policy: ‘‘sexual assault’’ as defined in 20 U.S.C. 1092(f)(6)(A)(v), ‘‘dating violence’’ as defined in 34 U.S.C. 12291(a)(10), ‘‘domestic violence’’ as defined in 34 U.S.C. 12291(a)(8), or ‘‘stalking’’ as defined in 34 U.S.C. 12291(a)(30). These other sexual offenses under Title IX are defined in more detail below.

Title IX Sexual Assault

Sexual Assault: Non-consensual penetration of a genital, anal, or oral opening of another person by use of an object, instrument, digit, or other body part. An “object” or “instrument” means anything other than a Respondent’s genitalia or other body part. This includes forcing an individual to use an object, instrument, or digit to penetrate another individual as well as oral penetration by a sex organ of another person.S
Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without consent.
Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees where marriage is prohibited by Michigan law.
Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent of 16.

Title IX Domestic Violence

Violence committed on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan, or by any other person against whose acts an adult or youth Complainant is protected under the domestic or family violence laws of Michigan.

Title IX Dating Violence

An assault or assault and battery committed by a person: (1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

Title IX Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.

Title IX Retaliation

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or 34 C.F.R. Part 106 constitutes retaliation.

Other Prohibited Sex-Based Harassment

Sexual Harassment

Sexual harassment is a form of sex discrimination that includes quid pro quo sexual harassment and hostile environment harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or gender expression.

Quid Pro Quo Sexual Harassment. An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct. Quid pro quo harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
- An example is a supervisor threatening to terminate, transfer, or demote an employee or student employee if sexual favors are not given or continued.
Hostile Environment Harassment. Unwelcome sexualized conduct or non-sexual conduct based on sex that, considering the totality of circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity, including employment. Hostile environment harassment includes such conduct that has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive environment.
- In determining whether conduct constitutes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or gender expression, the totality of the circumstances must be considered in a fact-specific inquiry including consideration of the following:
  - The nature of the conduct;
  - The degree to which the conduct affected the complainant’s ability to access the College’s education program or activity;
  - The type, frequency, and duration of the conduct;
  - The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
  - The location of the conduct; and
  - The context in which the conduct occurred.
- To establish a hostile environment, the offensive conduct must be severe or pervasive enough to create an environment that a reasonable person would find hostile or abusive. The behavior must be objectively offensive to a reasonable person and subjectively offensive to the complainant. Sexual harassment is often a pattern of offensive behaviors. A single incident may also constitute sexual harassment if severe.
- Examples of harassing conduct based on sex may include:
  - Conduct of a sexualized nature, such as unwanted conduct expressing sexual attraction or involving sexual activity (e.g., “sexual conduct”); sexual attention; or discussing or displaying visual depictions of sex acts or sexual remarks.
  - Non-sexual conduct based on sex, such as sex-based epithets; sexist comments (such as remarks that a certain sex does not belong in management or in a particular profession); facially sex-neutral offensive conduct motivated by sex (such as bullying directed toward individuals of one gender but not other genders); or offensive jokes or teasing about sexual orientation or gender identity.

Sexual Assault

Sexual Assault: Any sexual act directed with the use of force against another person, including instances in which the Complainant is incapable of giving consent, in which there is penetration, no matter how slight, of any genital, anal, or oral opening of another person, without consent, by use of an object, instrument, or any body part. This includes using force or coercion to compel another person to use an object, instrument, or body part to penetrate another individual, as well as oral penetration by a sex organ of another person.
Fondling: The intentional touching of intimate body parts of another person in a sexual manner without consent, causing another to touch intimate body parts without consent, or the disrobing or exposing of another person without consent. Intimate body parts include, but are not limited to, the mouth, neck, buttocks, anus, groin, genitalia, or breast; however, sexual contact can occur with any part of the body.
Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees where marriage is prohibited by Michigan law.
Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent of 16.

Domestic Violence

An act of violence (actual or an attempt to cause physical injury to another) or threat to cause violence to another, committed by an individual who is a current or former spouse or intimate partner of an individual, a person with whom the individual shares a child in common, a person who is cohabitating with or has cohabited with the individual as a spouse or intimate partner. To categorize an incident as Domestic Violence, the relationship between the Respondent and Complainant must be more than just two people living together as roommates.

Dating Violence

Violence committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For purposes of this definition, dating violence includes, but is not limited to sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Stalking

Engaging in a course of conduct directed at a specific person, that would cause a reasonable person to fear for the person’s safety or the safety of others, or to suffer substantial emotional distress. includes cyberstalking, which utilizes electronic formats such as the internet, social networks, social media apps, blogs, texts, cell phones and other devices. Stalking may include behavior that occurs outside the context of a relationship. For purposes of this definition:

A “course of conduct” means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
“Reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant.
“Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Retaliation

An act taken because of a person’s participation (or expectation of participation) in a protected activity that would discourage a reasonable person from engaging in protected activity. Protected activity includes a person’s good faith opposition to prohibited conduct; report of prohibited conduct to the College; or participation (or reasonable expectation of participation) in any manner in an investigation, proceeding, hearing, or supportive measure under this Policy.

Sexual Exploitation

Sexual Exploitation is taking non-consensual sexual advantage of another for one’s own benefit or for the benefit of anyone other than the person being exploited.

Sexual Voyeurism. Intentionally observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed. This includes taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures or video without the person’s consent, whether dissemination occurs online or not), including the making or posting of revenge pornography.
Synthetic or Manipulated Sexual Images. Creating or sharing synthetic media or manipulated media of an actual person engaging in sexual activity or sexually explicit communication that never transpired or of an identifiable, actual person placed in a fictitious pornographic or nude (total or in a state of undress so as to expose a private body part) situation without the actual person’s consent and without a defense prescribed by the state of Michigan. Media includes images, videos, text, or audio representations. Identifiable includes by virtue of the actual person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable features, or from information displayed in connection with the digital depiction.
Infecting Another with a Sexually Transmitted Infection/Disease. Engaging in sexual activity with another person while knowingly having a sexually transmissible condition without informing the other person of the condition prior to engaging in the sexual activity that is likely to transmit the condition and not taking measures to prevent transmission, including viral suppression or being noninfectious, condom use, and partner PrEP use.
Causing Incapacitation. Causing incapacitation of another person (through alcohol, drugs, or other means) for the purpose of compromising that person’s ability to give consent to sexual activity.
Identity Misappropriation. Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections.
Extortion. Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts that person’s nudity or sexual activity.
Solicitation of a Minor. Knowingly soliciting a minor for sexual activity.
Prostituting. Prostituting another person.
Sex Trafficking. Use of force, fraud, or coercion to compel a person into commercial sex acts or labor against that person’s will.
Child Pornography. Knowingly creating, possessing, or disseminating child sexual abuse images or recordings.

Sex Discrimination

General: This Policy prohibits discrimination on the basis of sex, including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Parental, family, or marital status; pregnancy or related conditions:
- This Policy prohibits discriminating against or excluding a student from an education program or activity, extracurricular activity, athletic program, or other program or activity of the College, on the basis of the student’s pregnancy, childbirth, lactation, past pregnancy, false pregnancy, potential pregnancy, termination of pregnancy, medical conditions related to or recovery from any of these or related conditions.
- This Policy prohibits discrimination against or exclusion from employment any employee or applicant for employment on the basis of current, potential, or past pregnancy, or medical conditions related to or recovery from any of these or related conditions.
- The College prohibits any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex.
The College prohibits any policy, practice, or procedure, or employment action on the basis of sex:
- Concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment which treats persons differently; or
- Which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee’s or applicant’s family unit.

Section IX: Supportive Measures

Supportive Measures

Supportive Measures are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to a Complainant and/or a Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s educational programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment or deter sex discrimination and other behaviors prohibited by this Policy.

Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security, and monitoring of certain areas of the campus.

The College will maintain as confidential any supportive measures provided to a Complainant or a Respondent, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Emergency Removal of Students

The College may remove any student from its programs or activities on an emergency basis if there is an immediate threat to the physical health or safety of any students or other individuals arising from allegations under this Policy. Prior to removal, the College must undertake an individualized safety and risk analysis, and, where such analysis determines a credible safety risk exists, provide the party with notice and an opportunity to challenge the decision immediately following the removal.

Student interim removal is subject to the procedures in the Student Code of Conduct. Employee interim removal is subject to the procedures in the Employee Handbook or Faculty Handbook, depending on the status of the employee.
Before acting to remove any individual on an emergency basis, the College must conduct an individualized risk and threat assessment before making a decision.
Emergency removal decisions will be made by the Assistant Dean of Student Conduct in consultation with the Director of Campus Security (or designee). Persons making a decision in this process will remain neutral and unbiased, and shall not be involved in any subsequent investigation, hearing, disciplinary, or appeals process related to the matter.
When the risk and threat assessment results in a determination that an immediate threat to the physical health or safety of any student or other individual justifies removal, written notice must be given immediately to the individual to be removed and must include the basis for removal.
An emergency removal may be challenged within three business days of receipt of the notice.
A challenge to the removal must be made in writing to the Vice President for the Division of Student Development and must state the basis for the challenge. Valid basis may include, but are not limited to, why the individual believes they were not a threat, evidence contradicting the initial report, or other information tending to support their claim.
Within three business days of receiving any challenge, the Vice President for the Division of Student Development or designee will set a meeting with the student. The student will be given access to a written summary of the basis for the emergency removal prior to this meeting and will have the opportunity to bring an advisor of their choice to the meeting.
The Vice President for the Division of Student Development (or designee) has discretion under this policy to implement or revoke an emergency removal and to determine the conditions and duration. Violations of an emergency removal under this policy will be grounds for discipline, subject to the Student Code of Conduct.
There is no appeal process for emergency removal decisions.
The College will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns.

Administrative Leave (Employees)

The College may place non-student employees on administrative leave prior to or following the filing of formal complaint. Other interim measures may be available on a case-by-case basis. Any interim employment action will be taken consistent with the College’s rights as an employer. Parties who fail to abide by interim measures may be subject to discipline, up to an including termination in accordance with the Faculty Handbook.

Section X: Response to Reports

Kalamazoo College is committed to responding to each report of sex- or gender-based discrimination and harassment, sexual assault, dating violence, domestic violence, stalking, and other forms of other prohibited behavior under this Policy.

Initial Assessment and Outreach

Any person may report misconduct to the College. Upon the Title IX Coordinator’s receipt of a report alleging misconduct under this Policy or notice of a report alleging misconduct, the Title IX Coordinator will conduct an initial assessment of the reported information and, where appropriate, respond to any immediate health or safety concerns raised by the report.

As part of the Initial Assessment, the Title IX Coordinator will determine, in consultation with other need-to-know College officials, as appropriate, whether the Policy applies to the report and whether the reported conduct falls within the scope of the Policy.

If a report or formal complaint also implicate other forms of conduct prohibited by the College beyond conduct prohibited by this Policy, the conduct may be referred to the appropriate office or department during or after the allegations set forth in the report or formal complaint are resolved, except those circumstances covered under limited immunity and as long as such referral does not constitute retaliation as prohibited by this Policy.

The Title IX Coordinator (or designee) will contact and communicate the following information (if applicable) to the Complainant (if known):

That the College has received a report indicating that Complainant may have been affected by sexual harassment or another form of prohibited conduct.
Contact information for available confidential resources within the College or in the community.
Reasonably available supportive measures, such as mutual no contact directives, housing changes, and academic schedule changes, where applicable, and that the Office of Gender Equity will consider Complainant’s preferences as to supportive measures.
The availability of supportive measures with or without the filing of a formal complaint.
A statement that retaliation for making a report, filing a formal complaint or participating in a resolution process is prohibited.
Where a potential crime may have occurred, notice that the Complainant has the right, but not the obligation, to report the matter to law enforcement and to request assistance from the College to report the incident to the Kalamazoo Department of Public Safety or other law enforcement. This option can be pursued simultaneously with or separate from any College resolution or disciplinary processes, and College staff will help facilitate this reporting if requested. The College will cooperate with legal investigations. The Complainant may also decline to notify law enforcement authorities, including Campus Security and police.
The College’s investigation and hearing procedures established under this Policy.
The importance of preserving evidence.
An offer to meet (virtually or in-person) with the Title IX Coordinator or designee to discuss options for responding to the report.
The process for filing a formal complaint.
The manner in which the College responds to reports of prohibited conduct.
Complainant and Respondent are always entitled to reasonably available supportive measures, regardless of whether a formal or alternative resolution process has been initiated.

Formal Complaints

The formal grievance process (investigation and hearing, if applicable) can only be initiated when a formal complaint is signed and filed by the Complainant or the Title IX Coordinator. The requirements for a formal complaint are as follows:

Content: The formal complaint must set forth 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).
Anonymity: A Complainant cannot be anonymous once a formal complaint is signed.
Consolidation: 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.

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.

Coverage Determinations and Dismissals

If a formal complaint is signed by a Complainant or the Title IX Coordinator and the information in the formal complaint meets the Policy’s coverage criteria, the College will follow the formal grievance process. If a formal complaint meets the Title IX coverage requirements, Title IX regulations require that the formal grievance process include all procedural requirements specific to the Title IX regulations, as set forth in this Policy.

Title IX Coverage and Dismissals

The formal grievance process will include all procedural requirements specific to the Title IX regulations if the conduct in the formal complaint is prohibited conduct as defined under Title IX Sexual Harassment andthe following criteria are met:

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.
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).
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.

Dismissal of a Title IX formal complaint must or may be considered as follows:

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.
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.
APPEAL: 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.

Other Coverage and Dismissals

If the conduct in the formal complaint does not meet the Title IX Coverage criteria but alleges other prohibited conduct in this Policy and the following criteria are met, the College will proceed under the formal grievance process.

Complainant is an individual who is reported to have been subject to conduct prohibited by this Policy.
Respondent is an individual who has been reported to have engaged in prohibited conduct.
The reported conduct occurred or is occurring:
- On Kalamazoo College’s campus;
- On all properties owned or leased by the College;
- In the context of any education program or activity of the College, regardless of location (including but not limited to service-learning activities, study abroad, and internship programs) where either the Complainant or the Respondent is a member of the College community; or
- Off campus when the conduct has continuing adverse effects on campus, or in an off-campus program or activity that is sponsored or recognized by the College.

Dismissal of a formal complaint under this section (Other Coverage) must or may be considered as follows:

The formal complaint must be dismissed if the complaint does not meet all of the coverage requirements the Other Coverage criteria and/or the allegations would not, even if proven, meet a definition of prohibited conduct.
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.
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.

Section XI: Formal Resolution Process: Investigations, Hearings, and Appeals

If, after an initial assessment and determination of coverage, the formal complaint is referred for a formal investigation, the College will begin the investigation process. The College will provide a prompt, fair, and impartial investigation and resolution to all complaints of discrimination and harassment that are prohibited under this Policy. Investigations are conducted by officials who receive annual training on the issues related to sexual harassment, domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process. Investigation and resolution procedures are intended to protect the rights of both the Complainant and the Respondent, to protect privacy, and prevent retaliation. Procedures in this section apply regardless of the party’s status (Complainant or Respondent). Parties may be also subject to the specific, relevant portions of the Student Code of Conduct, Employee Handbook, Faculty Handbook.

General Provisions

Timeframe for Completion After Formal Complaint; Extension for Good Cause

An investigation after the filing of a formal complaint will, in most cases, be completed within ninety (90) days, and a written decision following a hearing or review, 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 or designee, if deemed necessary to conduct a thorough investigation, 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.

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.

Presumption of Non-Responsibility and Standard of Evidence

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 where a preponderance of the evidence supports a finding that the Respondent is responsible for violating this Policy.

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.”

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. A conflict of interest exists when an individual’s knowledge of the matter or personal or professional relationship with a Complainant, Respondent, or witness would preclude the individual from being able to investigate or decide the case fairly and impartially. Any concern regarding bias or conflict of interest should be promptly submitted to the Title IX Coordinator.

Permissive Discussions

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. However, parties are prohibited from discussing or disseminating the allegations in a manner that constitutes retaliation or violates FERPA. Employees may not disclose FERPA-protected information regarding students. In addition, parties should consider whether discussing allegations with a witness or another party would negatively impact a determination of the credibility of the witness or party.

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.

Investigation Process

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

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 Assistant Vice President of Human Resources (in matters involving employee Respondents) will identify the parties; specify the date, time, location, and nature of the reported prohibited conduct; 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. In most cases, the Assistant Vice President of Human Resources will serve as the investigator in matters involving employee respondents.

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 in a meaningful way.

Advisors

The Complainant and the Respondent are entitled to the same opportunities to have an advisor present during any meeting, interview, and institutional disciplinary proceeding or appeal proceeding.

Advisors may be any individual chosen by a party, not limited to members of the College community.
Advisors are responsible for conducting any questioning and cross-examination of parties or witnesses that occurs during the course of any hearing. Cross- examination may not be done by parties themselves.
If a party does not have an advisor for the hearing, the College shall appoint an advisor at no cost to the party.
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 rights of individuals involved in the hearing process.

Status Updates

The parties will receive regular updates regarding the status of the investigation.

Burden of Gathering Evidence

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. Notwithstanding, 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.

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).

Individuals involved in a report of prohibited conduct should preserve evidence to the extent possible. The YWCA advocate can advise on or assist with the preservation of evidence.
Both Complainant(s) and Respondent(s) will have an equal opportunity to identify potential witnesses and provide any evidence or other information relevant to the investigation. The investigator will review and determine the relevance of any proffered information and evidence.

Witness Statements

Witness statements may be considered as evidence as permitted by this Policy. Witnesses will be provided an opportunity to review the investigator’s summary of their interview.

Relevance

Evidence is considered relevant if it has a tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in making a determination regarding responsibility.

Experts

Parties may propose medical or scientific experts. In matters involving Title IX allegations, the Title IX Coordinator will determine whether an expert is needed and shall not utilize medical or scientific experts that have an actual or apparent conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainants or Respondent. Any expert witness determined to have an actual or apparent conflict of interest shall be prohibited from serving as an expert witness or otherwise participating in the investigation or grievance process of the matter for which the conflict exists absent a waiver by all parties. If a decision maker relies on an expert, the expert will be identified in any final written report or decision and will reflect that the Title IX Coordinator determined that the expert did not have a conflict of interest.

Prior or Subsequent Conduct

Prior or subsequent conduct of the Respondent may be considered in determining pattern, knowledge, intent, motive or absence of mistake. For example, evidence of a pattern may be deemed relevant if the prior or subsequent conduct is substantially similar to the conduct under investigation.

Prior Sexual History

Questions or evidence about a Complainant’s sexual history, sexual identity, and prior sexual experiences are prohibited. Questions and evidence about a Complainant’s prior sexual behavior are prohibited subject to two exceptions: (1) if offered to prove that someone other than the Respondent committed the reported prohibited behavior; or (2) if the question or evidence concerns sexual behavior between the Complainant and the Respondent and is offered to prove consent for the reported prohibited conduct.

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.

Evidence Review By Parties

At the end of the investigation, the investigator will give each of the parties an equal opportunity to inspect and review all evidence (inculpatory and exculpatory) that directly relates to the allegations in the formal complaint. Each party will have ten (10) calendar days to respond in writing to the investigator, including providing the names and contact information for any additional witnesses for the investigator to consider, and submitting written, relevant questions that a party wants asked of any party or witness, and limited follow-up questions. The investigator will consider the written responses.

Investigation Report

Following the parties’ review of the evidence, the investigator will prepare a written investigation report fairly summarizing the investigation and relevant evidence directly related to the allegations. The investigator will provide the investigation report and make relevant evidence available to the parties and their respective advisors.

Final Decision: Investigator Findings in Non-Title IX Matters

if there is no Title IX coverage or in matters that are not otherwise entitled to hearings under Title IX (such as discrimination based upon sex; parental, family, or marital status; or pregnancy or related conditions), the investigator will determine whether a party is responsible for violating this Policy once the investigation has concluded.

The investigator shall evaluate the evidence and decide, based on a preponderance of the evidence, whether the Respondent is responsible for violating this Policy. The investigator 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 investigator will provide the parties and their respective advisors a date upon which they will receive the written decision.

The investigator will summarize 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. Where applicable, the decision will also include whether remedies will be provided to the Complainant(s) and any disciplinary sanctions.

The investigator 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.

If a matter is eligible for a hearing, the investigator will not determine whether a party is responsible for violating this Policy. The investigator will refer the matter to a hearing panel for final determination as to whether a party is responsible for violating this Policy.

Hearing Process

Hearing Eligibility

Formal complaint allegations of Title IX sexual harassment are eligible to be decided by a hearing panel. In such matters, investigators will not make final determinations as to the Title IX sexual harassment allegations.

Response to Investigation Report in Cases with Hearing Eligibility

If a case is eligible for a hearing, 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 hearing panel, if applicable.

Hearing Panel Process

If a matter is hearing eligible, the parties have the right to a live hearing and the ability to ask questions and cross-examine parties and witnesses through their advisor of choice. Hearings will be conducted by two, neutral, unbiased hearing panelists who are trained in Title IX and this Policy; neutral and unbiased; and not involved in any other portion of the process in a particular case.

Notice

The hearing panel through the Title IX Coordinator (or designee) will provide, to a 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.

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 panel members can access adequate technology to meaningfully participate. All hearing panel members will be trained in the use of technology required to conduct a hearing virtually, when necessary.

Decorum

The hearing panel 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.

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.

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.

Evidentiary Decisions

The hearing panel makes evidentiary decisions and has discretion to determine relevancy of questions and evidence. The hearing panel retains the right to exclude questions or evidence that are not relevant. Before a Complainant, Respondent, or witness answer a question, the hearing panel must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

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.

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 panel may consider.

Hearing Panel Decision Regarding Responsibility

At the conclusion of the investigation and hearing, the hearing panel shall evaluate the evidence and decide, based on a preponderance of the evidence, whether the Respondent is responsible for violating this Policy. The decision-maker 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 decision-maker will provide the parties and their advisors a date upon which they will receive the written decision.

The hearing panel 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 procedural steps in the investigation 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.

Simultaneous Notification of Decision

The hearing panel, 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.

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.

Grounds for Appeal

There are three (3) grounds upon which a party (Complainant and/or Respondent) may appeal:

Procedural irregularity that affected the outcome of the matter;
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
The Title IX Coordinator, investigator(s), or 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.

Process

Students wishing to appeal a decision should refer to the processes contained in the Student Code of Conduct.
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.
An appeal must not be decided by the same persons who served as hearing panel members or investigators for the case.
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 decisionmaker(s). In addition, if an appeal raises procedural issues, the Title IX Coordinator may provide the appeal decisionmaker(s) additional information relevant to those issues.
In the event that the appeal decisionmaker(s) determines that the decision of the hearing panel should be overturned, the appeal decisionmaker(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).

Sanctions, Discipline, and Remedies

If a Respondent is found responsible for violation of this Policy, the decision-maker (Hearing Panel or Investigator) 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.

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.
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.
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.
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.
For matters with Title IX coverage, remedies 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.

Section XII: Alternative Resolution

At any time before the issuance of a responsibility determination, the parties may elect to resolve the formal complaint through a mutually agreed upon alternative resolution process, provided that (1) the parties both voluntarily consent in writing to such resolution; (2) both parties are students or employees of the College; and (3) the Title IX Coordinator or Associate Vice President of Human Resources determine that alternative resolution is an appropriate mechanism for resolving the specific formal complaint. Otherwise, a formal complaint that is not dismissed will proceed to a final determination in the formal resolution process.

Alternative resolution is not an appropriate mechanism for resolving a formal complaint by a student against an employee.

In matters with Title IX coverage, alternative resolution is not available unless a formal complaint has been filed.

The College may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to a formal resolution process. Similarly, the College may not require the parties to participate in an alternative resolution process.

Alternative resolution may not be selected for less than all of the misconduct alleged in the formal complaint. If the parties agree to alternative resolution (and alternative resolution is appropriate for all of the allegations at issue), then all of the allegations must be resolved.

Either party has the right to terminate the alternative resolution process at any time and proceed with formal resolution (i.e., a full investigation and hearing). Furthermore, the Title IX Coordinator may, where appropriate, terminate alternative resolution and proceed with the formal resolution process instead.

Section XIII: Academic Freedom

The College affirms its strong commitment to academic freedom. When investigating complaints that a party, the Title IX Coordinator, or the investigator(s) believes may involve issues of academic freedom, the Title IX Coordinator or investigator(s) will consult the Provost of the College (or designee).

Section XIV: Consensual Relationships

Sexual relationships between employees and Kalamazoo College students are unacceptable and constitute personal and professional misconduct. Such actions may be considered adequate cause for faculty termination under the Plan of Employment of the Board of Trustees and for termination of employment of a staff member. Intimate or sexual relationships where there is an inherent power or authority differential produce risks to the campus community and undermine the authority of those in supervisory roles. An exception may be made for a personal relationship that was established prior to employment and was disclosed to Human Resources at the time of hire.

Section XV: Education and Training

Title IX Coordinator and Decisionmakers

The Title IX Coordinator, the Deputy Title IX coordinators, investigators, hearing panelists, and other decision-makers, will receive annual training, including education on the definition of prohibited conduct (including Title IX Sexual Harassment); issues related to dating violence, domestic violence, sexual assault, and stalking; the scope of the College’s education programs and activities; how to conduct an investigation and grievance process, including hearings and appeals processes, that protect the safety of complainants and promote accountability, as applicable; and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; the standard of review; evaluating evidence in a fair and impartial manner; cultural awareness; technology to be used at a live hearing; issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant. Training materials are maintained for a period of seven years and are publicly available on the website for Office of Gender Equity and Access. Training will be conducted pursuant to CFR 34 § 106.45(b)(1)(iii), (b)(10).

Students and Employees

Ongoing education regarding harassment and related College policies is required for all students and employees. The College educates its employees through mandatory annual online training and employee orientation. The College educates students about sexual misconduct through mandatory first-year orientation programs each fall, as well as mandatory annual online training and campus programming throughout the year for all returning students. This programming focuses on prevention, bystander intervention, risk reduction, sexual health and safety, and advocacy. The Sexual Violence Prevention and Advocacy offers programs to prevent dating violence, domestic violence, sexual assault, and stalking means comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking that:

Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome; and
Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.

Programs to prevent dating violence, domestic violence, sexual assault, and stalking include both primary prevention and awareness programs directed at incoming students and new employees and ongoing prevention and awareness campaigns directed at students and employees. Information about sexual misconduct education, bystander prevention programming, risk reduction, and College response is available through the College website, outside the Student Health Center, and on the website for Sexual Violence Prevention and Advocacy.

Section XVI: Documentation

College will document actions it takes in response to reports or formal complaints at each stage of the investigation and grievance process and will clearly identify all of the actions it takes that are responsive to reports or for complaints.

The College will maintain such records for a minimum of seven years.
Regarding each report or formal complaint received, the Title IX Coordinator or designee will document the basis for concluding that the College response was not deliberately indifferent and document that it has taken measures designed to restore or preserve equal access to the College’s education program or activity. If a Complainant is not provided with supportive measures, the Title IX Coordinator or designee must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Section XVII: Designation of Title IX Coordinator

Kalamazoo College has designated the Director of Gender Equity and Access as the Title IX Coordinator. The Title IX Coordinator will be informed of all reports of gender-based harassment and violence, dating violence, domestic violence, and stalking, and will oversee the College’s review, investigation and resolution of these cases to ensure compliance with Title IX and effective implementation of this policy. Contact information can found below and on the Office of Gender Equity and Access website.

Tanya Jachimiak, JD
Director
Title IX Coordinator
Section 504 Coordinator
1200 Academy Street Kalamazoo, MI 49006
Location: Upjohn Library Commons, Office 217
Phone: 269.337.7480
Email: Tanya.Jachimiak@kzoo.edu

Regulations revision effective date: 14 August 2020
Approved by President Jorge Gonzalez: 14 August 2020
Revised: 12 September 2022

Printed copy of this policy may be requested by contacting the Title IX Coordinator.