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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