REPORTS OF SEXUAL MISCONDUCT:
When the College has actual knowledge of reported Sexual Misconduct, it will respond in the following manner.
Initial Response
Upon receipt of actual knowledge of alleged Sexual Misconduct, the Title IX Coordinator or designee will promptly contact the
complainant to discuss:
• The availability of supportive measures;
• Consider the complainant’s wishes with respect to supportive measures;
• Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint;
• Explain to the complainant the process for filing a formal complaint; and
• Inform the complainant that the College must investigate the allegations in a formal complaint and provide for a live hearing.
Investigation of Formal Complaints
The College will investigate allegations made in a formal complaint in substantial conformity with the following:
1. The College will provide the parties and others whose participation is invited or expected, written notice of the date, time, location,
participants, and purpose of all investigative meetings, interviews, and hearings, with sufficient time for the participants to prepare.
2. The College will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory
and exculpatory evidence, and shall not restrict the ability of either party to discuss the allegations under investigation or to gather and
present relevant evidence.
3. The College will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information
protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
4. The College will ensure that 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 provided that the College cannot access, consider, disclose, or otherwise use a
party’s records that are made or maintained by a 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 (or parent/legal guardian’s) voluntary, written permission to
do so for the grievance process.
5. If, in the course of an investigation, the Title IX Coordinator decides to investigate allegations about the complainant or respondent that are
not included in the notice provided pursuant to Section I, the College must provide notice of the additional allegations to the parties whose
identities are known.
6. Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly
related to the allegations raised in a formal complaint, including the evidence upon which the College does not intend to rely in reaching a
determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each
party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the
College must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard
copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the
investigative report. The College must make all such evidence subject to the parties’ inspection and review available at any live hearing and
give each party equal opportunity to refer to such evidence during a live hearing, including for purposes of cross-examination.
7. The College will create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a live hearing, send to
each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.
Informal Resolution
At any time after a formal complaint is filed, the College may facilitate an informal resolution process, such as mediation, that does not involve
a full investigation (see Section K), adjudication (see Section M), and/or appellate process (see Section N), provided the College:
1. Provides to the parties a written notice disclosing: The information required by Section I;
• The requirements of the informal resolution process, including the circumstances under which it precludes the parties from
obtaining a written determination on a formal complaint;
• That at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and
resume the grievance process with respect to a formal complaint, and
• Any consequences resulting from participating in the informal resolution process, including the records that will be maintained
or could be shared in connection with the informal resolution process.
2. Obtains the parties’ voluntary, written consent to the informal resolution process; and
3. Does not offer or facilitate an informal resolution process to resolve allegations involving a student complainant and employee respondent.
The College may not require any party to participate in informal resolution, and may not condition enrollment, employment, or enjoyment
of any other right, on participation in informal resolution.
Dismissal of Formal Complaints
1. Mandatory Dismissal. If the conduct alleged in a formal complaint would not constitute Sexual Misconduct even if proven, or did not occur
in an education program or activity, or did not occur against a person in the United States, then the College must dismiss the formal complaint
as to that alleged conduct. However, such a dismissal does not preclude action under the College’s Student Code of Conduct or and/or other
applicable policies, procedures, handbooks, rules, or regulations.
2. Permitted Dismissal. The College may dismiss a formal complaint or any allegations therein, if at any time during the investigation or
hearing a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any
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