| Special Guidance Concerning Reports of Sexual Assault Including Domestic Violence, Dating Violence, or Stalking If you are the victim of sexual assault, domestic violence, or dating violence, do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order. As necessary to preserve evidence, victims of sexual assault, domestic violence, or dating violence should not bathe, urinate, douche, brush teeth, or drink liquids until after they are examined and, if necessary, a rape examination is completed. Clothes should not be changed. When necessary, seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination. The College recommends that you contact local law enforcement. You can additionally make a prompt Formal Complaint to the Title IX Coordinator under this policy.
It is also important to take steps to preserve evidence in cases of stalking, to the extent such evidence exists. In cases of stalking, evidence is more likely to be in the form of letters, emails, text messages, social media posts, etc., rather than evidence of physical contact and violence.
Once a report of sexual assault, domestic violence, dating violence, or stalking is made, the victim has several options such as, but not limited to: - obtaining Supportive Measures
- contacting parents or a relative
- seeking legal advice
- seeking personal counseling (always recommended)
- pursuing legal action against the perpetrator
- filing a Formal Complaint
- requesting that no further action be taken
The College's Title IX Coordinator can assist individuals in obtaining an order of protection.
If an individual is hesitant to report due to fear of negative consequences of one's own behavior, please see the College's Amnesty Policy. General Principles and Procedure
A. Applicability With one exception noted in the next paragraph, these Complaint Resolution Procedures apply to the resolution of all reports falling under the Sexual Harassment Policy. They apply to the resolution of Formal Complaints against students, faculty, administrators, staff, and third parties, and they are the exclusive means of resolving Formal Complaints of Sexual Harassment at the College. To the extent there are any inconsistencies between these Complaint Resolution Procedures and other College grievance, complaint, or discipline procedures, these Complaint Resolution Procedures will control the resolution of reports alleging violations of the Sexual Harassment Policy.
Notwithstanding the previous paragraph, if at any point it becomes known or apparent that the grievance or concern solely relates to the College’s obligations under Section 504 of the Rehabilitation Act (e.g., to provide reasonable accommodations and physical access to students with disabilities), and does not implicate this Sexual Harassment policy, the grievance or concern will be promptly referred to the Director, Student Success, pursuant to the College’s Disability-Related Grievance Procedure. In such cases, the College will conduct a single investigation pursuant to the applicable policy and procedures.
B. Procedural Differences Based on Status of Involved Parties When an employee is involved in a Formal Complaint under the Sexual Harassment Policy as a Respondent, no informal resolution is available.
C. Administration For purposes of these Complaint Resolution Procedures, the Title IX Coordinator shall have responsibility for administering these Complaint Resolution Procedures. D. Promptness, Fairness and Impartiality These procedures provide for prompt, fair, and impartial investigations and resolutions. All College officials involved in the investigation, adjudication, or appeal processes shall discharge their obligations under these Complaint Resolution Procedures fairly and impartially. If an involved College official determines that they cannot apply these procedures fairly and impartially because of the identity of a Complainant, Respondent, or witness, or due to any other conflict of interest or bias, another appropriate individual will be designated to administer these procedures. There may be a reasonable delay in response if a report is made when the College is closed or in certain other circumstances.
E. Training The College will ensure that College officials acting under this policy, including but not limited to the Title IX Coordinator, investigators, hearing officers, administrative officers, informal resolution facilitators, College provided advisors, and appeals officers receive training in compliance with 34 C.F.R. § 106.45(b)(1)(iii) and any other applicable federal or state law.
Procedure
A. How to Make a Report Notice of Sexual Harassment - Notification to the College may be given in any of the following ways: in person, by mail, by telephone, fax (this may delay the receipt of the report and jeopardize confidentiality), by electronic mail, using the information listed for the Title IX Coordinator, or by notifying the personnel listed below which will result in the Title IX Coordinator receiving the person's verbal or written report. Anonymous reports or information received by the Title IX Coordinator or those identified below would constitute actual knowledge and trigger the College's response.
- The persons in the following positions may be notified of the Sexual Harassment:
- Title IX Coordinator(s)
- Title IX Coordinator, 513-585-2401, TitleIXCoordinator@theChristCollege.edu, Office: The Christ Hospital Medical Office Building, Office 101 c/o The Christ College, 2139 Auburn Avenue, Cincinnati, OH, 45219.
- Meghan Hollowell, Dean of Student Affairs and Title IX Coordinator, 513-585-4841. Meghan.Hollowell@TheChristCollege.edu, Office 120, Main Campus Building, c/o The Christ College, 2139 Auburn Avenue, Cincinnati, OH, 45219.
- Reports can be made at any time 24/7/365 by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator. There may be a reasonable delay in response if a report is made when the College is closed or in certain other circumstances.
- In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the College if doing so is not clearly unreasonable. Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College Community. Factors the Title IX Coordinator may consider include (but are not limited to): (a) was a weapon involved in the incident; (b) were multiple assailants involved in the incident; (c) is the accused a repeat offender; and (d) does the incident create a risk of occurring again.
- If the Complainant or the Title IX Coordinator files a Formal Complaint, then the College will commence an investigation and proceed to adjudicate the matter. In all cases where a Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the party’s level of participation.
- In a case where the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party for purposes of the investigation and adjudication processes.
After A Report is Made After receiving a report, the Title IX Coordinator will conduct a preliminary assessment to determine: - Whether the conduct, as reported, falls or could fall within the scope of this policy; and
- Whether the conduct, as reported, constitutes or could constitute Sexual Harassment.
If the Title IX Coordinator determines that the conduct reported could not fall within the scope of the policy, and/or could not constitute Sexual Harassment, even if investigated, the Title Coordinator will close the matter and may notify the reporting party if doing so is consistent with FERPA. The Title IX Coordinator may refer the report to other College offices, as appropriate.
If the Title IX Coordinator determines that the conduct reported could fall within the scope of the policy, and/or could constitute Sexual Harassment if investigated, the Title IX Coordinator will proceed to contact the Complainant.
As part of the preliminary assessment, the Title IX Coordinator may take investigative steps to determine the identity of the Complainant, if it is not apparent from the report.
If a report is not closed as a result of the preliminary assessment and the Complainant's identity is known, the Title IX Coordinator or designee will contact the Complainant to: - discuss the availability of supportive measures (with or without filing a complaint)
- consider the complainant's wishes with respect to the supportive measures, and
- explain the process for filing a Formal Complaint.
The Complainant will also be provided options for filing complaints with the local police and information about resources that are available on campus and in the community. Pending final outcome of an investigation in accordance with the Complaint Resolution Procedures, the College will take steps to protect the Complainant from further Sexual Harassment. - This may include assisting and allowing the Complainant to change his or her academic, transportation, or work situation, to the extent that the College has control over these environments, if options to do so are reasonably available and upon request of the Complainant. Such changes may be available regardless of whether the victim chooses to report the crime to local law enforcement.
- Requests to change an academic, transportation, or work situation, or for any other protective measure, should be made to the Title IX Coordinator or Deputy Title IX Coordinator.
- The College will maintain as confidential any accommodations or protective measures provided to the Complainant to the extent that maintaining confidentiality will not impair the College’s ability to provide them.
- If necessary to disclose personal information to provide an accommodation or protective order, the College will endeavor to notify the Complainant before doing so.
- If a Complainant has obtained an ex-parte order of protection, full order of protection, or any other temporary restraining order or no contact order against the alleged perpetrator from a criminal, civil, or tribal court, the Complainant should provide such information to the Title IX Coordinator or Deputy Title IX Coordinator. The College, in conjunction with The Christ Hospital Department of Safety and Security, will take reasonable and legal action to implement the order.
Particular care will be taken to protect Complainants that are minors. In addition to the protections available to all Complainants, this also includes, but is not limited to, the College fulfilling any reporting obligations required by law when there is reasonable cause to suspect that a minor has been subject to abuse (including sexual violence, dating violence, and domestic violence).
Contemporaneously with the Respondent being notified of a Formal Complaint, the Title IX Coordinator will notify the Respondent of the availability of Supportive Measures for the Respondent, and the College will offer and make available Supportive Measures to the Respondent in the same manner in which it offers and makes them available to the Complainant. The College will also offer and make available Supportive Measures to the Respondent prior to the Respondent being notified of a Formal Complaint, if the Respondent requests such measures.
Confidentiality All Formal Complaints of Sexual Harassment will be promptly and thoroughly investigated in accordance with the Complaint Resolution Procedures. The College will make reasonable and appropriate efforts to preserve an individual’s privacy and protect the confidentiality of information when investigating and resolving a complaint. However, because of laws relating to reporting and other state and federal laws, the College cannot guarantee confidentiality to those who make reports or Formal Complaints. The Title IX Coordinator is the person responsible for evaluating requests for confidentiality. The Title IX Coordinator may consult with other appropriate College personnel and legal counsel as necessary. - In the event a Complainant requests confidentiality or asks that a report or Formal Complaint not be investigated, the College will take all reasonable steps to respond to the Formal Complaint consistent with the request.
- If a Complainant insists that their name not be disclosed to the alleged perpetrator, the College’s ability to respond will be limited (i.e. supportive measures).
- The College reserves the right to initiate an investigation despite a Complainant’s request for confidentiality in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College community.
Further, notwithstanding the College’s general obligation to maintain confidentiality as specified herein, the parties to a report or Formal Complaint will be given access to investigation and adjudication materials in the circumstances specified in this policy.
While the College will maintain confidentiality specified in this Section, the College will not limit the ability of the parties to discuss the allegations at issue in a particular case. Parties are advised, however, that the manner in which they communicate about, or discuss a particular case, may constitute Sexual Harassment or Retaliation in certain circumstances and be subject to discipline pursuant to the processes specified in this policy.
Note that certain types of Sexual Harassment are considered crimes for which the College must disclose crime statistics in its Annual Security Report that is provided to the campus community and available to the public. These disclosures will be made without including personally identifying information. Consolidation of Complaints: The College may consolidate formal complaints arising out the same factual circumstances in two instances: In circumstances where complaints are consolidated, a single investigatory and adjudicatory process may be used where it arises from the same incident and parties. B. Code of Conduct Reports that do not fall under the Sexual Harassment policy criteria may be evaluated and processed under the Code of Conduct policy. C. Notice of Formal Complaint Within five (5) days of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes: - A physical copy of this policy or a hyperlink to this policy;
- Sufficient details known at the time so that the parties may prepare for an initial interview with the investigator, to include the identities of the parties involved in the incident (if known), the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident (if known);
- A statement that the Respondent is presumed not responsible for the alleged Sexual Harassment and that a determination of responsibility will not be made until the conclusion of the adjudication and any appeal;
- Notification to the Complainant and Respondent of their right to be accompanied by an advisor of their choice,
- Notification to the Complainant and Respondent of their right to inspect and review evidence,
- Notification to the Complainant and Respondent of the College’s prohibitions on retaliation and false statements
- Information about resources that are available on campus and in the community.
Should the College elect, at any point, to investigate allegations that are materially beyond the scope of the initial written notice, the College will provide a supplemental written notice describing the additional allegations to be investigated.
Dismissal of a Formal Complaint
The College shall dismiss a Formal Complaint at any point during the investigation or adjudication process if the Title IX Coordinator determines that one or more of the following is true: -
The conduct alleged in the Formal Complaint would not constitute Sexual Harassment, even if proved; or -
The conduct alleged in the Formal Complaint falls outside the scope of the policy (that is, because the alleged conduct did not occur in the College’s Education Programs or Activities and/or the alleged conduct occurred outside the geographic boundaries of the United States). The College may dismiss a Formal Complaint at any point during the investigation or adjudication process if the Title IX Coordinator determines that any one or more of the following is true: -
The Complainant provides the Title IX Coordinator written notice that the Complainant wishes to withdraw the Formal Complaint or any discrete allegations therein (in which case those discrete allegations may be dismissed); -
The Respondent is no longer enrolled or employed by the College, as the case may be; or -
Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint, or any discrete allegations therein (in which case those discrete allegations may be dismissed). In the event the Title IX Coordinator dismisses a Formal Complaint pursuant to this Section, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal. The Title IX Coordinator may refer the subject matter of the Formal Complaint to other College offices, as appropriate. A dismissal pursuant to this Section is presumptively a final determination as it pertains to this policy, unless otherwise specified in writing by the Title IX Coordinator in the written notice of dismissal.
D. Resolution Process Selection After the notice of the Formal Complaint has been transmitted to the parties, the Title IX Coordinator will transmit to each party a notice advising the party of the two different adjudication processes: Informal Grievance Process and Formal Grievance Process. The notice will explain that the hearing process is the default process for adjudicating all Formal Complaints and will be utilized unless both parties voluntarily consent to the Informal Grievance Process as a form of informal resolution. The notice will be accompanied by a written consent form to authorize the Informal Grievance Process and will advise each party that, if both parties execute the written consent form, then the Informal Grievance Process will be used in in lieu of the hearing process. Parties are urged to carefully review this policy, consult with their advisor, and consult with other persons as they deem appropriate (including an attorney) prior to consenting to administrative adjudication.
Each party will have three (3) days from transmittal of the notice specified in this section to return the signed written consent form to the Title IX Coordinator. If either party does not timely return the signed written consent, that party will be deemed not to have consented to Informal Grievance Process and the Formal Complaint will be adjudicated pursuant to the hearing process. E. Informal Grievance Resolution Process Informal means of resolution, such as mediation or restorative justice, may be used in lieu of the formal investigation and determination procedure after a Formal Complaint has been filed. At any time after the parties are provided written notice of the Formal Complaint, and before the completion of any appeal, the parties may voluntarily consent, with the Title IX Coordinator’s approval, to engage in mediation, facilitated resolution, or other form of dispute resolution the goal of which is to enter into a final resolution resolving the allegations raised in the Formal Complaint by agreement of the parties.
The following standards apply to any informal resolution method that is utilized: - The informal process can only be used with both parties’ voluntary cooperation and appropriate involvement by the institution.
- Parties must voluntarily sign a written consent prior to starting the informal resolution process.
- Parties will not be required to “work out” the problem directly with each other.
- Either party may terminate the informal process at any time and elevate the complaint to the formal investigation procedures described below.
- An informal resolution process is not available when one party is a student and the other party is an employee of the College.
The specific manner of any informal resolution process will be determined by the parties and the Title IX Coordinator, in consultation together. Prior to commencing the informal resolution process agreed upon, the Title IX Coordinator will transmit a written notice to the parties that: - Describes the parameters and requirements of the informal resolution process to be utilized;
- Identifies the individual responsible for facilitating the informal resolution (who may be the Title IX Coordinator, another College official, or a suitable third-party);
- Explains the effect of participating in informal resolution and/or reaching a final resolution will have on a party’s ability to resume the investigation and adjudication of the allegations at issue in the Formal Complaint; and
- Explains any other consequence resulting from participation in the informal resolution process, including a description of records that will be generated, maintained, and/or shared.
After receiving the written notice specified in this paragraph, each party must voluntarily provide written consent to the Title IX Coordinator, before the informal resolution may commence.
During the pendency of the informal resolution process, the investigation and adjudication processes that would otherwise occur are stayed and all related deadlines are suspended.
If the parties reach a resolution through the informal resolution process, and the Title IX Coordinator agrees that the resolution is not clearly unreasonable, the Title IX Coordinator will reduce the terms of the agreed resolution to writing and present the resolution to the parties for their written signature. Once both parties and the Title IX Coordinator sign the resolution, the resolution is final, and the allegations addressed by the resolution are considered resolved and will not be subject to further investigation, adjudication, remediation, or discipline by the College, except as otherwise provided in the resolution itself, absent a showing that a party induced the resolution by fraud, misrepresentation, or other misconduct or where required to avoid a manifest injustice to either party or to the College.
A party may withdraw their consent to participate in informal resolution at any time before a resolution has been finalized.
If the resolution is not acceptable to both parties, the default is either that a formal complaint is instituted, investigated, and adjudicated, or the complaint is withdrawn. The facilitator of the informal resolution process may be a witness at the formal resolution process.
Absent extension by the Title IX Coordinator, any informal resolution process must be completed within twenty-one (21) days. If an informal resolution process does not result in a resolution within twenty-one (21) days, absent an extension, abeyance, or other contrary ruling by the Title IX Coordinator, the informal resolution process will be deemed terminated, and the Formal Complaint will be resolved pursuant to the investigation and adjudication procedures. The Title IX Coordinator may adjust any time periods or deadlines in the investigation and/or adjudication process that were suspended due to the informal resolution. F. Formal Grievance Process The College retains discretion to retain and appoint suitably qualified persons who are not College employees to fulfill any function of the College under this policy, including, but not limited to, the investigator, hearing officer, administrative officer, informal resolution officer, and/or appeals officer. The College also retains discretion to appoint two or more persons to jointly fulfill the role of investigator, hearing officer, administrative officer, informal resolution officer, and/or appeals officer.
The functions assigned to a given College official under this policy, including but not limited to the functions assigned to the Title IX Coordinator, investigator, hearing officer, administrative officer, informal resolution officer, and appeals officer, may, in the College’s discretion, be delegated by such College official to any suitably qualified individual and such delegation may be recalled by the College at any time. If a party believes that an assigned team member has a conflict of interest, they must provide an explanation to the Title IX Coordinator within three (3) business days from the receipt of the letter identifying formal team resolution assignments. The Title IX Coordinator will make any substitution(s) as they deem appropriate and notify the parties. Upon receipt of a formal complaint, the formal process will be initiated in a reasonably prompt manner if the parties do not wish to utilize the informal process or if the informal process is not permissible based on the nature of the complaint. Both parties will be given written notice of the allegations, an equal opportunity to select an advisor of choice, and equal opportunity to submit and present witnesses (fact and expert witnesses).
The College will: - Use trained personnel to objectively evaluate all relevant evidence who are free from conflicts of interest or bias against either party.
- Protect parties' privacy by requiring a party's written consent before considering evidence provided regarding the party's medical, psychological or similar treatment records during a grievance process.
- Apply a presumption that the Respondent is not responsible during the entire grievance process so the burden of proof and the standard of evidence is applied correctly.
- Appoint an advisor to ask questions at the hearing if a party does not have one.
- Hold a live hearing and allow cross-examination, by posing only relevant questions, by party advisors only. Live hearings may be conducted with all participants in the same location or with some or all participants appearing virtually with technology that allows everyone to see and hear each other simultaneously.
- Utilize different people for the decision-maker and investigator or Title IX Coordinator roles.
- Use the preponderance of the evidence standard to determine whether alleged conduct merits corrective action.
- Record the live hearing.
Investigation After the written notice of Formal Complaint is transmitted to the parties, an investigator selected by the Title IX Coordinator will undertake an investigation to gather evidence relevant to the allegations, including inculpatory and exculpatory evidence. The burden of gathering evidence sufficient to reach a determination in the adjudication lies with the College and not with the parties. A trained and impartial Investigation Officer(s) will seek reasonably available facts and evidence relating to the allegations in the formal complaint within a reasonably prompt time frame. Investigators may redact information that is not directly related to the allegations or that is otherwise barred from use, such as because of legally-recognized and not waived privilege.
The investigation is a party’s opportunity to present testimonial and other evidence that the party believes is relevant to resolution of the allegations in the Formal Complaint. A party that is aware of and has a reasonable opportunity to present particular evidence and/or identify particular witnesses during the investigation, and elects not to, will be prohibited from introducing any such evidence during the adjudication absent a showing of mistake, inadvertence, surprise, or excusable neglect.
The investigator will take reasonable steps to ensure the investigation is documented. Interviews of the parties and witnesses may be documented by the investigator’s notes, audio recorded, video recorded, or transcribed. The particular method utilized to record the interviews of parties and witnesses will be determined by the investigator in the investigator’s sole discretion, although whatever method is chosen shall be used consistently throughout a particular investigation. - During the investigation, the investigator will provide an equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence.
- Notwithstanding the foregoing, the investigator retains discretion to limit the number of witness interviews the investigator conducts if the investigator finds that testimony would be unreasonably cumulative, if the witnesses are offered solely as character references and do not have information relevant to the allegations at issue, or if the witnesses are offered to render testimony that is categorically inadmissible, such as testimony concerning sexual history.
- The investigator will not restrict the ability of the parties to gather and present relevant evidence on their own.
- Prior to issuing a report, both parties and their advisors will have an opportunity to review and offer a written response to all inculpatory and exculpatory evidence directly related to the allegations gathered by the campus investigator(s).
- A party may request that a report not be sent to their advisor by submitting the written request to the Title IX Coordinator at least one business day prior to the report being distributed.
- The parties have at least ten (10) business days to review the information gathered by the investigator(s).
- The investigation report will include, but is not limited to, the following sections:
- a cover letter detailing the final assessment of whether or not the conduct alleged, if demonstrated by a preponderance of the evidence, could constitute Sexual Harassment under Title IX.
- overview of the complaint made and summary of the investigative methodology;
- summary of relevant information gathered, including:
- timeline of incident being investigated;
- complainant’s account of events;
- respondent’s account of events;
- witness accounts;
- evidence gathered;
- areas of agreement;
- areas of disagreement; and
- appendix containing all of the collected evidence.
- The Investigator will consider parties' written responses prior to completion of the investigative report which focuses on fairly summarizing relevant information.
- The Investigator will include the procedural steps taken in the investigation in the final report.
- Once completed, the Investigator will share the final investigative report at the same time in hard copy or digital form to all parties. Distribution of a copy will be compliant with any reasonable request for disability accommodations under applicable law. The College may choose to share records in a manner that will prevent either party from copying, saving, or disseminating the records.
- The final investigative report will be provided to the Hearing Chair/Decision-maker prior to the hearing. It will be available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for the purposes of cross-examination.
Pending Criminal Investigation Some types of conduct falling under the Sexual Harassment Policy may also constitute criminal conduct. In such instances, the Complainant is also encouraged to file a report with the appropriate law enforcement authorities and, if requested, the College will assist the complainant in doing so. An ongoing criminal investigation, however, does not relieve the College of its responsibilities under the law. Therefore, to the extent doing so does not interfere with any criminal investigation, the College may proceed with its own investigation and resolution of the complaint.
G. Hearing The Title IX Coordinator will promptly appoint a Hearing Chair who will oversee the hearing process and render a determination of responsibility for the allegations in the formal complaint, at the conclusion of the hearing process. The Title IX Coordinator will see that the hearing chair is provided a copy of the investigation report and a copy of all evidence transmitted to the parties by the investigator. After the Hearing Chair is appointed by the Title IX Coordinator, the Title IX Coordinator in consultation with the Hearing Chair will promptly transmit written notice to the parties: -
notifying the parties of the hearing officer’s appointment; -
setting a deadline for the parties to submit any written response to the investigation report; -
setting a date for the pre-hearing conference; -
setting a date and time for the hearing; and -
providing a copy of the College’s Hearing Procedures. Neither the pre-hearing conference, nor the hearing itself, may be held any earlier than ten (10) days from the date of transmittal of the written notice. Neither the respondent nor the complainant may directly or indirectly contact the Chair prior to the hearing.
A party’s written response to the investigation report must include: -
To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement; -
Any argument that evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, the prohibition on the use of sexual history or for any other reason; -
A list of any witnesses that the party contends should be requested to attend the hearing pursuant to an attendance notice issued by the hearing officer; -
A list of any witnesses that the party intends to bring to the hearing without an attendance notice issued by the hearing officer; -
Any objection that the party has to the College’s Hearing Process; -
Any request that the parties be separated physically during the pre-hearing conference and/or hearing; -
Any other accommodations that the party seeks with respect to the pre-hearing conference and/or hearing; -
The name and contact information of the advisor who will accompany the party at the pre-hearing conference and hearing; -
If the party does not have an advisor who will accompany the party at the hearing, a request that the College provide an advisor for purposes of conducting questioning. A party’s written response to the investigation report may also include: -
Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence; and -
Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment. Parties: -
Will have an equal opportunity to present witnesses. -
Will have one advisor of their choosing or have one appointed for them. -
May have one Support Person in addition to their Advisor. The Support person is only permitted at the hearing if that person is also the Advisor or otherwise required by law. -
Must follow the rules of decorum and the hearing process. Pre-Hearing Conference: -
Each party will have their own pre-hearing conference. The Title IX Coordinator, Hearing Chair, and Parties must be in attendance. Advisors are strongly encouraged to attend. -
The Parties must share with the Hearing Chair their list of witnesses to appear at the hearing, the identity of any requested witnesses that were not questioned during the investigation, the request for any new evidence to be considered that was not submitted previously to the investigators, and the availability of the Advisor and the party for hearing dates. -
The Hearing Chair will address any requests to present new evidence and new witnesses at the pre-Hearing Conference. -
The request should be made to the Hearing Chair who will determine with the Title IX Coordinator if the new witnesses will be added to the hearing. If added, the Complainant and Respondent will be notified no less than 48 hours prior to the hearing. -
Witnesses may be added no later than 48 hours prior to the hearing. -
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After reviewing each party’s witness list, the Hearing Chair may, at their discretion, add names of other witnesses contained in the report for the purpose of appearing at the hearing and submitting to cross examination. -
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After the pre-hearing conference, the hearing chair will transmit notices of attendance to any College employee (including administrator, faculty, or staff) or student whose attendance is requested at the hearing as a witness. -
The notice will advise the subject of the specified date and time of the hearing and advise the subject to contact the hearing officer immediately if there is a material and unavoidable conflict. -
The subject of an attendance notice should notify any manager, faculty member, or other supervisor, as necessary, if attendance at the hearing will conflict with job duties, classes, or other obligations. All such managers, faculty members, and other supervisors are required to excuse the subject of the obligation, or provide some other accommodation, so that the subject may attend the hearing as specified in the notice. -
The College will not issue a notice of attendance to any witness who is not an employee or a student. The Hearing: -
Hearing Steps
The hearing will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors. By default, the hearing will be conducted with the hearing officer, the parties, the advisors, witnesses, and other necessary College personnel together in the same physical location. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.
In the hearing officer’s discretion, the hearing may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology. The hearing is not a formal judicial proceeding and strict rules of evidence do not apply. The hearing chair will have discretion to modify the process when good cause exists to do so, and provided the minimal requirements specified in this Section are met. -
Time Limit: The hearing process is limited to the length of seven (7) hours, unless this limitation is altered by the Hearing Chair. -
Introductions: The hearing will be facilitated by the Hearing Chair and begin with introductions. -
Presentation of Investigator Report: The lead investigator will present the report to the Hearing Chair. The Hearing Chair will ask questions of the Investigator. -
Statements of the Parties and Party Questioning: -
The Hearing Chair will invite the Complainant to provide a statement regarding the events in question and identify any evidence that the Complainant believes is relevant. After making the statement or waiving the right to make the statement, the Complainant is subject to questioning by the Hearing Chair. That is followed by questioning by the Advisor of Choice for the Respondent. -
After the Complainant questioning is complete, the Hearing Chair will invite the Respondent to provide a statement to the Hearing Chair regarding the events in question and identify any evidence the Complainant believes is relevant. After making the statement or waiving the right to make the statement, the Respondent is subject to questioning by the Hearing Chair. That is followed by questioning by the Advisor of Choice for the Complainant. -
Witness Questioning: -
When the questioning of the Parties is complete, witnesses will be called to testify in the order determined by the Hearing Chair. They will be subject to questioning first from the Hearing Chair, then the Complainant's Advisor of Choice, then the Respondent's Advisor of Choice. -
Witnesses will be called as needed, questioned and dismissed. -
Witnesses will be present only for the portion of the questioning that applies to them directly. -
The party's Advisor will submit the question to the Hearing Chair. The Hearing Chair will determine the appropriateness and/or usefulness (relevance) of the question and then allow presentation of the question or deny it. Each party will be given an opportunity for each party’s advisor to ask directly, orally, and in real time, relevant questions, and follow up questions of the other party and any witnesses, including questions that support or challenge credibility. -
Questions that are not relevant include: -
Repetition of the same question; -
Questions about the complainant's sexual disposition or prior sexual conduct unless: -
The information is to prove that someone other than the respondent committed the alleged conduct; or -
The information concerns specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent. -
Questions related to information that is protected by a legally recognized privilege; and -
Questions related to a party's medical, counseling/psychological, and similar treatment records unless the party has given voluntary, written consent. -
Questioning regarding 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, 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. -
Notwithstanding the foregoing, a Complainant who affirmatively uses information otherwise considered irrelevant by this Section for the purpose of supporting the Complainant’s allegations, may be deemed to have waived the protections of this Section. -
Video footage and other types of evidence will be reviewed. Each party will be given the opportunity to raise contemporaneous objections to testimonial or non-testimonial evidence and to have such objections ruled on by the Hearing Chair and a reason for the ruling provided. Each party will be given the opportunity to submit evidence that the party did not present during the investigation due to mistake, inadvertence, surprise, or excusable neglect. -
The Hearing Chair will determine what portion of evidence and testimony may be considered or excluded based on legal guidelines. -
Statements: The Complainant and the Respondent will then both be given an opportunity to make a brief closing statement after all questioning is finished. -
Dismissal: At this point the Complainant, Respondent, investigator, advisors, witnesses and any other individuals will then all be dismissed. The Hearing Chair at the hearing: -
Will determine whether the question is relevant and explain any decision to exclude a question as not relevant prior to the participant answering a question. - Will determine the need and use of breaks, timing of proceedings and order of questioning of the parties and/or witnesses. Breaks during the hearing may only be taken after a question that has been posed has been answered.
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Cannot draw an inference about the determination regarding responsibility based solely on a party's or witness's absence from the live hearing or refusal to answer cross-examination or other questions. -
May find that a continuation of the hearing is needed and determine that continuation date, time, and location with the Title IX Coordinator after the hearing. H. Resolution Although the length of each adjudication by hearing will vary depending on the totality of the circumstances, the College strives to issue the hearing officer’s written determination within fourteen (14) business days of the conclusion of the hearing.
After the hearing: -
The Hearing Chair will: -
Deliberate: After the hearing is complete, the Hearing Chair will objectively evaluate all relevant evidence collected during the investigation, including both inculpatory and exculpatory evidence, together with testimony and non-testimony evidence received at the hearing, and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness. The Hearing Chair will take care to exclude from consideration any evidence that was ruled inadmissible at the pre-hearing conference or during the hearing. The Hearing Chair will resolve disputed facts using a preponderance of the evidence standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of the policy as alleged in the Formal Complaint. In the event the Hearing Chair determines that the Respondent is responsible for violating this policy, the Hearing Chair will, prior to issuing a written decision, consult with an appropriate College official with disciplinary authority over the Respondent and such official will determine any discipline to be imposed. The Hearing Chair will also, prior to issuing a written decision, consult with the Title IX Coordinator who will determine whether and to what extent ongoing support measures or other remedies will be provided to the Complainant. -
Develop a written decision that includes: -
Identification of the allegations potentially constituting Sexual Harassment made in the Formal Complaint; -
A description of the procedural steps taken by the College upon receipt of the Formal Complaint, through issuance of the written decision, including notification to the parties, interviews with the parties and witnesses, site visits, methods used to gather non-testimonial evidence, and the date, location, and people who were present at or presented testimony at the hearing. -
Articulate findings of fact, made under a preponderance of the evidence standard, that support the determination; -
A statement of, and rationale for, each allegation that constitutes a separate potential incident of Sexual Harassment, including a determination regarding responsibility for each separate potential incident; -
The discipline determined by the appropriate College official as referenced in “Discipline and Remedies”; -
Whether the Complainant will receive any ongoing support measures or other remedies as determined by the Title IX Coordinator; and -
A description of the College’s process and grounds for appeal. -
Send both parties a written determination regarding responsibility explaining how and why the Hearing Chair reached conclusions within ten (10) business days. There may be circumstances that require an extension for good cause, and the parties will be notified in writing of any extension of time and the reason for the extension. The Title IX Coordinator will: -
Protect any individual from retaliation for reporting sexual harassment or participating (or refusing to participate) in any Title IX grievance process. -
Document and keep records of all sexual harassment reports and investigations per the record retention policy. Parties are permitted to access the recordings. If a Formal Complaint of Sexual Harassment is found to be substantiated, the College will take appropriate corrective and remedial action to prevent the recurrence of the conduct and correct its discriminatory effects. I. Discipline and Remedies -
Determination of Discipline and Remedies: In determining the discipline and remedies, the following factors will be considered, to the extent the information is available in the case file: -
The respondent's prior conduct history; -
How the College has sanctioned similar incidents in the past; -
The nature and violence of the conduct at issue; -
The impact of the conduct on the complainant; -
The impact of the conduct on the community, its members, or its property; -
Whether the respondent has accepted responsibility for the actions; -
Any other mitigating or aggravating circumstances, including the College's values. -
Discipline and remedies will take place immediately but may be stayed at the discretion of the Hearing Chair in consultation with the Title IX Coordinator. -
A respondent who separates from the College under any circumstance is not eligible for re-admittance or re-employment until they have successfully completed the terms of any sanctions imposed. -
Suspensions and Dismissals may be recorded on a student's permanent academic record as "Suspended: [date]" or “Dismissed: [date]” and will be noted on the transcript at the time the sanction is imposed. -
If an appeal reverses the decision, the notation will be removed. -
If the student is the subject of an investigation, but voluntarily withdraws from the College before completion of the process, "Date of withdrawal: Institutional Action Pending" will appear on the student’s transcript. Upon conclusion of the investigation and appeal process, the notation of withdrawal will be removed. -
When Suspension or Dismissal is issued, this action will be noted on the student’s transcript in place of the notice of withdrawal pending. -
J. Appeal
Appeals must be submitted to the Appellate Officer within three (3) business days after the determination is communicated, be in writing, and include rationale. Both parties have the option to appeal on the following bases: -
Procedural irregularity that affected the outcome of the matter; -
New evidence is available that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter; -
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. -
The discipline/sanction is substantially disproportionate to the Hearing Chair's findings. No other grounds for appeal are permitted. If an appeal occurs: -
The other party will be notified in writing. -
The Appellate Officer (AO) will meet the criteria explained in the definition of an appeals officer that appears in this policy. -
Both parties will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the responsibility determination or dismissal. -
A transcript or recording of the live hearing will be made available to both parties before the time to appeal lapses. A written decision with rationale will also be provided. -
The appeal will be resolved within ten (10) business days of receiving it. The parties will be notified in writing if the AO’s decision will take longer than ten (10) business days. The AO may take any and all actions that they determine to be in the interest of a fair and just decision. Parties will be notified simultaneously in writing with rationale(s) of the decision. -
The appeal determination is final. No further review beyond the appeal is permitted. K. Record Keeping The College will retain those records specified in 34 C.F.R. § 106.45(b)(10) for a period of seven years after which point in time they may be destroyed, or continue to be retained, in the College’s sole discretion. The records specified in 34 C.F.R. § 106.45(b)(10) will be made available for inspection, and/or published, to the extent required by 34 C.F.R. § 106.45(b)(10) and consistent with any other applicable federal or state law, including FERPA. |
