Procedural Options

Time Frame for Resolution

Consistent with the goal to maximize educational opportunities and minimize the disruptive nature of the Investigation and resolution, the Title IX Coordinator seeks to resolve all reports within sixty (60) days of receipt. The Title IX Coordinator will conduct an initial assessment upon receipt of a report of alleged violation of this Procedure. If the initial assessment indicates an Investigation is in order, all parties will be notified and the Investigation may generally last up to thirty-five (35) days.

Resolution up to sanctions will generally take up to twenty-five (25) days from the date of the Investigative Finding. The Title IX Coordinator may set reasonable time frames for required actions under the Policy. Those time frames may be extended for good cause as necessary to ensure the integrity and completeness of the Investigation, comply with a request by external law enforcement, accommodate the availability of witnesses, accommodate delays by the parties, account for College breaks or vacations, or address other legitimate reasons, including the complexity of the Investigation (including the number of witnesses and volume of information provided by the parties) and the severity and extent of the alleged conduct. Any extension of the timeframes, and the reason for the extension, will be shared with the parties in writing. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

The resolution time frame (60 days) does not include appeals.

Initial Assessment

When a report is made, the Title IX Coordinator will conduct an Initial Assessment. The assessment will determine whether the alleged conduct would present a potential violation of the Procedure and whether further action is warranted based on the alleged conduct.

The first step of the Initial Assessment will usually be a preliminary meeting between the Reporting Party and the Title IX Coordinator to gather facts including a signed statement from the Reporting Party consultation with other offices (Campus Security, HR) as appropriate, to:

• Assess the nature and circumstances of the allegation
• Address any immediate concerns about the physical safety and emotional well-being of the parties
• Refer the matter to the Director of Campus Safety and Security for appropriate action
• If the conduct is criminal in nature, notify the Reporting Party of the option to notify law enforcement and to be assisted in doing so, as well as the option to decline to notify law enforcement
• Notify the Reporting Party of the availability of medical treatment to address any physical and mental health concerns and to preserve evidence
• Provide the Reporting Party with information about:
  • On and off campus resources
  • The available range of Interim Protective Measures
  • An explanation of the procedural options, including Voluntary Resolution and Investigation and Issue of Sanctions
• Discuss the Reporting Party’s expressed preference for manner of resolution and any barriers to proceeding
• Explain the College’s policy prohibiting Retaliation
• Explain the role of the Support Person
• Conduct an assessment for potential pattern evidence or other similar conduct
• Assess the reported conduct for the need for a timely warning under federal law
• Enter non-identifying information about the report into the College’s daily crime log if the conduct is potentially criminal in nature

Where a Reporting Party requests that their name or other identifiable information not be shared with the Responding Party that no formal action be taken, the Title IX Coordinator will balance this request against the following factors in reaching a determination whether the request can be honored:

• the nature and scope of the alleged conduct, including whether the reported misconduct involves the use of a weapon;
• the respective ages and roles of the Reporting and Responding Parties;
• the risk posed to any individual or to the campus community by not proceeding, including the risk of additional violence;
• whether there have been other reports of misconduct by the Responding Party;
• whether the report reveals a pattern of misconduct (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
• the Reporting Party’s wish to pursue disciplinary action;
• whether the College possesses other means to obtain relevant evidence;
• considerations of fundamental fairness and due process with respect to the Responding Party should the course of action include disciplinary action against the Responding Party; and
• the College’s obligation to provide a safe and non-discriminatory environment.

Where possible, based on the facts and circumstances, the Title IX Coordinator will seek action consistent with the Reporting Party’s expressed preference for manner of resolution, recognizing that the College must move forward with cases in which there appears to be a threat to any individual or the College as a whole. The College’s ability to fully investigate and respond to a report may be limited if the Reporting Party requests that their name not be disclosed to the Responding Party declines to participate in an Investigation.

The Title IX Coordinator will also identify and implement interim protective as either requested and/or appropriate as to ensure safety of all parties, limit retaliation, and stop any future Prohibited Conduct.

At the conclusion of the Initial Assessment, the Title IX Coordinator will determine the appropriate resolution route. Resolution may include:

1. no further action
2. Voluntary Resolution
3. Investigation that may lead to disciplinary action.

Regardless of the manner of resolution, a Responding Party may choose to accept responsibility at any stage in the process.

Depending upon the severity, the College President will be advised of any action, resolution or Interim measures.

Interim Protective Measures

Interim Protective Measures will be initiated as soon as possible as identified through the initial assessment. Interim Measures will identified to the ensure safety of all parties, limit retaliation, and stop any future prohibited conduct. Interim Protective measure may include, but are not limited to, the following:

• Transferring to another course section or class
• Adjustment to campus work schedules
• Rescheduling an academic assignment or test
• Accessing academic support (e.g., tutoring)
• Arranging for incompletes, a leave of absence, or withdrawal classes
• Alternative course completion options (e.g., online, arranged section, independent study)
• Preserving academic eligibility or eligibility for financial aid, internships, and/or student activities
• A “No Contact” directive pending the outcome of an Investigation (directive serves a notice to both parties to have no verbal, electronic, written, or third party communication)
• Provide for an campus escort to ensure that a student cam move around the campus
• Assistance accessing support services either on campus or in the community
• Assistance with reporting to local laws enforcement
• Assistance to obtain a protection order
• Interim Suspension (if required to protect the health and safety of a student or the College community)

Interim Measures may be implemented even if the Reporting Party seeks voluntary resolution or does not seek an Investigation.

Voluntary Resolution

Voluntary Resolution, when selected by the Reporting Party and deemed appropriate by the Title IX Coordinator, is a path designed to eliminate the conduct at issue, prevent its recurrence, and remedy its effects in a manner that meets the expressed preference of the Reporting Party and the safety and welfare of the campus community. Voluntary Resolution does not involve an Investigation or disciplinary action against a Responding Party, and is not appropriate for all forms of conduct under the Procedure.

The College retains the discretion to determine, when selected by the Reporting Party, which cases are appropriate for Voluntary Resolution. If a Reporting Party requests Voluntary Resolution, and the Title IX Coordinator concludes that Voluntary Resolution is appropriate based on the factors outlined in the Initial Assessment, support will be provided to maximize the Reporting Party’s access to all employment, educational, and extracurricular opportunities and benefits at the College and to eliminate a potential hostile environment. A Reporting Party may request and decide to pursue Voluntary Resolution at any time. In those cases in which the Voluntary Resolution involves either the notification to or participation by the Responding Party, it is the Responding Party’s decision whether to accept Voluntary Resolution.

Voluntary Resolution may include: establishing Interim Protective Measures; conducting targeted or broad- based educational programming or training for relevant individuals or groups; providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; facilitating a meeting with the Responding Party with the Reporting Party present (in cases that do not involve Sexual Assault); and any other remedy that can be tailored to the involved individuals to achieve the goals of the Procedure. In some forms of Voluntary Resolution, the remedies imposed will focus on supporting the Reporting Party with no participation or involvement by the Responding Party. In other forms of Voluntary Resolution, the Responding Party may agree to participate. Depending on the type of remedy used, it may be possible for a Reporting Party to maintain anonymity.

The College will not compel a Reporting Party to engage in mediation, to confront directly the Responding Party, or to participate in any particular form of informal resolution. Mediation, even if voluntary, will not be used in cases involving Sexual Assault. As the title implies, participation in Voluntary Resolution is a choice, and either party can request to end this manner of resolution and pursue an Investigation and Sanctions at any time, including if Voluntary Resolution is unsuccessful at resolving the report. Similarly, a Reporting Party can request to end an Investigation and pursue Voluntary Resolution at any time. In addition, either party may request Interim Protective Measures regardless of whether any particular course of action is sought.

To assess pattern or systemic behavior fairly, the Title IX Coordinator maintains records of all reports and conduct referred for Voluntary Resolution. The time frame for completion of Voluntary Resolution may vary, but the College will seek to complete the process within thirty (30) days of the Reporting Party’s request.

Investigation

Following the Initial Assessment, and in consultation with the Reporting Party, the College will initiate a prompt, thorough, and impartial Investigation of conduct that is a potential violation of the Procedure and is not being addressed through Voluntary Resolution. The Title IX Coordinator will designate an Investigator(s) who has training and experience investigating allegations of Prohibited Conduct.

Standard of Evidence

The Investigator will coordinate the gathering of information to make an investigative finding regarding whether the alleged conduct constitutes a violation of the Procedure by a preponderance of the evidence. A preponderance of the evidence means that it is more likely than not that the conduct occurred.

Information gathered during the Investigation will be used to evaluate the appropriate course of action, provide for individual and campus safety, and identify the need for Interim Protective Measures and other remedies as necessary to eliminate the alleged conduct and to address its effects.

Investigative Process

The Investigator will send the Reporting Party and the Responding Party written Notice of Investigation, which constitutes the formal charge. The Notice of Investigation will contain a summary of the allegation or conduct at issue, the range of potential violations under the Procedure, and the range of potential sanctions. Where appropriate, the Notice of Investigation will also contain notification that expulsion is a potential sanction and that expulsion will be documented on the responding Parties permanent record and transcript which may impact their matriculation to another higher education institution. Upon receipt of the Notice of Investigation, or at any stage in the process, the Responding Party may choose to accept responsibility for the Procedure violation. Once the Notice of Investigation has been delivered to the parties, the Investigation phase begins.

The Title IX Coordinator will oversee the Investigation. The Investigation is designed to provide a fair and reliable gathering of the facts by a trained and impartial Investigator. All individuals, including the Reporting Party, the Responding Party, and any third party witnesses, will be treated with appropriate sensitivity and respect throughout the Investigation. The Investigation will safeguard the privacy of the individuals involved in a manner consistent with federal law and College policy and procedure.

During the Investigation, the Reporting Party and Responding Party will have an equal opportunity to be heard, to submit information, and to identify witnesses who may have relevant information. The Investigator will speak separately with the Reporting Party, the Responding Party, and any other individuals who are willing to participate and have information relevant to the determination of responsibility. As part of the Investigation, the Investigator may gather or receive information that is relevant to the determination of an appropriate sanction or remedy, including information about the impact of the alleged incident on parties.

Throughout the process, any participant may have a Support Person (see page 22) present at any meeting related to resolution of a report under the Procedure. The Support Person can be anyone of the individual’s choosing who is not otherwise a party or witness involved in the Investigation. The Support person may not participate or otherwise disrupt (i.e. repeated request for recess) the process beyond consulting with the Reporting or Responding party.

The Investigator will also gather any available physical or documentary evidence, including prior statements by the parties or witnesses, any communications between the parties, email messages, social media materials, text messages, and other records as appropriate and available.

The Title IX Coordinator will determine if the report falls within this procedure for action by the college. The time frame for completion of the Investigation, or any designated time frames of steps in the Investigation, may be extended for good cause as necessary to ensure the integrity and completeness of the Investigation, to comply with a request by external law enforcement, to accommodate the availability of witnesses, to account for College breaks or vacations, to account for complexities of a case (including the number of witnesses and volume of information provided by the parties), or to address other legitimate reasons. Any extension of the timeframes, and the reason for the extension, will be shared with the parties in writing. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

Where the College is made aware that there is a concurrent criminal Investigation, the Title IX Coordinator will coordinate with law enforcement so that any College processes do not interfere with the integrity or the timing of the law enforcement Investigation. At the request of law enforcement, the College may agree to defer the fact-finding portion of its Investigation until after the initial stages of a criminal Investigation. The Title IX Coordinator will nevertheless communicate with the parties regarding resources and accommodations, procedural options, anticipated timing, and the implementation of any necessary Interim Protective Measures for the safety and well-being of all affected individuals. The Investigator will promptly resume fact-gathering as soon as law enforcement has released the case for review following the initial criminal Investigation.

All community members, including students, faculty and other College employees, are expected to cooperate with the Title IX Coordinator in the Investigation, as well as the issuance of sanctions, of any report to assure fairness and procedural due process. Both a Reporting Party and a Responding Party may decline to participate in the Investigation. In the event that either Party declines to participate, the Title IX Coordinator will determine whether the Investigation and possible sanctions will proceed.

Relevance and Special Considerations

The Investigator has the discretion to determine the relevance of any witness or other evidence to the finding of responsibility, and may exclude information in preparing the Investigation report if the information is irrelevant, immaterial, or more prejudicial than informative.

The Investigator may also exclude statements of personal opinion by witnesses and statements as to general reputation for any character trait, including honesty. The Investigator will not exclude direct observations or reasonable inferences drawn from the facts.

Character Evidence

Information that does not directly relate to the facts at issue, but instead, reflects upon the reputation, personality, qualities, or habits of an individual. In general, information regarding the character of the Reporting Party, the Responding Party, or any witness is not relevant to the determination of whether there is a Procedure violation.

Prior Sexual History and/or Pattern Evidence

A party’s character or reputation with respect to other sexual activity is not relevant and will not be considered as evidence. Similarly, a party’s prior or subsequent sexual activity is typically not relevant and will only be considered as evidence under limited circumstances. Those circumstances include:

• Pattern Evidence
  • Evidence of an occurrence or occurrences of sexual or other relevant behavior so distinctive and so closely resembling either party’s version of the alleged encounter as to tend to prove a material fact, including whether consent was sought or given, may be admissible. Where there is evidence of a pattern of similar conduct, either before or after the conduct in question, regardless of whether there has been a prior finding of a Policy violation by the Responding Party, this information may be deemed relevant to the determination of Policy violation or assigning of a sanction. The determination of relevance will be based on an assessment of whether the previous or subsequent incident was substantially similar to the conduct cited in the report or indicates a pattern of behavior and substantial conformity with that pattern. Where there is a prior finding of a Procedure violation by the Responding Party for a similar act of Prohibited Conduct, there is a presumption of relevance and the finding may be considered in making a determination as to responsibility and assigning of a sanction.

• Prior Sexual History between the Parties
  • Where there was a prior or ongoing relationship between the Reporting Party and the Responding Party, and the Responding Party asserts that Consent was sought and given, the prior sexual history between the parties may be relevant to assess the manner and nature of communications between the parties. As noted in other sections of the Procedure, however, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent.

• Prior Sexual History with Other Parties
  • A party’s sexual history with an individual other than the Reporting Party Responding Party may be relevant under very limited circumstances to prove intent, motive, absence of mistake, or to explain an injury or physical finding.

Consolidation of Reports

At the discretion of the College, multiple reports may be consolidated in one Investigation or review of the evidence for the purposes of issuing disciplinary sanctions if the information related to each incident would be relevant and probative in reaching a determination on the other incident. This includes matters where the determination has been made that there is relevant Pattern Evidence or where the evidence of the other conduct is inextricably intertwined with Prohibited Conduct under the Procedure. Matters may be consolidated where they involve multiple Reporting Parties, multiple Responding Parties, or related conduct involving the same parties that would otherwise have been addressed by the Campus Code of Conduct (provided that it does not delay the prompt resolution of conduct under the Procedure).

Review of Draft Investigation Report

At the conclusion of the Investigation, the Investigator will prepare a written report that summarizes the information gathered, synthesizes the areas of agreement and disagreement between the parties with any supporting information or accounts and includes an Investigative Finding regarding whether a Procedure violation occurred. However, the Reporting Party and Responding Party will be given the opportunity to review a draft Investigation Report which will not include the Investigative Finding, and may be presented in redacted format. The parties will not receive an electronic or written copy, nor may they photograph or copy the draft Investigation Report; they will however be permitted to take notes on the content.

A Reporting Party and Responding Party may submit any additional comment or information to the Investigator within five (5) days of the date of the notice of the opportunity to review of the draft Investigation Report. This is the final opportunity for the parties to identify any additional information or witnesses. In the absence of good cause, information discoverable through the exercise of due diligence that is not provided to the Investigator at this juncture will not be considered by the Investigator.

Investigative Finding

Following the comment period, the Investigator will make an Investigative Finding, by the preponderance of the evidence, regarding whether a violation occurred and will recommend a sanction and/or remedy based on the Investigative Finding. In reaching these determinations, the Investigator will consult with the Title IX Coordinator, and any other designated administrator who has information relevant to the Investigation. The Investigator may also seek information from the Office of Vice President of Enrollment and Student Experience regarding prior disciplinary history and Director of Campus Safety and Security regarding prior criminal history. The Office of the President will be notified as appropriate or as needed.

Once the investigative findings are complete, including any recommended sanction, the Investigator will present the findings the Sanction Review Committee. The Sanction Review Committee will have five (5) days to make a determination regarding responsibility and any sanctions based on the investigative report and recommendations. The Committee will be comprised of three (3) members from a designed group of Academic Program Deans and the Associate Vice Presidents of Academic Program and Corporate/Continuing Education.

The Sanction Review Committee’s work will take place in a closed session. The committee will make a determination by a preponderance of the evidence whether a violation occurred and/or whether the sanction is consistent with the violation. The Sanction Review Committee may request additional from the Investigator or either party. All requests for additional information will be made through the Title IX Coordinator. If a request is made for additional information, both the Reporting Party and the Responding Party will have equal opportunity to provide written information to the Sanction Review Committee. The committee may also request additional time through the Title IX Coordinator. Both parties will be notified in the event of a time extension.

The review committee will provide a written response to the Title IX Coordinator. Both the Reporting Party and Responding Party will be notified of the Investigative Finding and the recommended sanction(s) and/or remedy (dies) in writing at the same time by the Title IX Coordinator.

The designated group of Academic Program Deans and the Associated Vice Presidents of Academic Program and Corporate/Continuing Education will complete annual training.