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IV. Complaint Procedures

Complaints are generally initiated by individuals who believe that their rights under this Policy have been violated, but any individual (including a representative of the College) may initiate a complaint.

As soon as a Responsible Employee of the College receives sufficient information alleging a violation under this Policy, that Responsible Employee is normally expected to report the information to the Title IX Coordinator within 5 business days. “Sufficient information” in this sense means information, reasonably credible and specific, to provide a reasonable basis to believe that a violation of this Policy occurred.  Upon receipt of this information, which may or may not be deemed a formal complaint at this point, the Title IX Coordinator may conduct or direct to be conducted a preliminary inquiry to determine if an investigation is necessary or appropriate.  This preliminary inquiry may include preliminary interviews of the parties, witnesses, or other individuals or reviews of evidence.  

If the Title IX Coordinator determines an investigation is necessary and appropriate, the investigation will normally begin within 5 business days, unless unusual or complex circumstances exist. (See below, under Formal Resolution Process, for details of what is involved in an investigation).  The investigation will be timely and impartial.  Barring unusual or unforeseen circumstances, the investigation will be completed, including any formal proceedings that occur, within 60 calendar days from the time a formal complaint is initiated.  If the investigation extends beyond 60 calendar days, the College will explain the reason for the delay to both parties and keep them apprised of the modified timeline. At the conclusion of the investigation and proceedings (if any), written notification about the outcome of the investigation and any appeal will be delivered concurrently to the Reporting Party, the Responding Party and any appropriate College officials.

If an individual decides to file a formal complaint, a detailed written (typed, emailed, or handwritten) statement of the alleged incident(s) must be submitted to the College.  This formal statement must be signed and dated. The statement should be as specific as possible, including dates, times, locations, a description of the alleged misconduct and the name(s) of the accused person(s).  A list of any person(s) who may have information that would be helpful to the review and resolution process should also be provided. See the Formal Resolution Process below.

 

College's Responsibility

Once a Report of sexual misconduct is formally made to one of the Responsible Employees, the College is obligated by law to investigate and to take appropriate action regardless of whether the Reporting Party wishes to participate or considers the behavior sexual misconduct. 

The College's authority to investigate, to compel cooperation, or to impose sanctions against those who are not members of the College community is limited. The informal and formal processes as described below apply to faculty, staff, and students of the College. Complaints against guest lecturers, volunteers, vendors, and visitors will be referred to the Title IX Coordinator or his/her designee for investigation and appropriate action.

 

Immediate College Action

Upon receiving a Report of sexual misconduct, the Title IX Coordinator or a College employee the Title IX Coordinator designates will take appropriate immediate actions to protect the safety and well-being of the individuals involved in a complaint of sexual misconduct. Generally, such actions include but are not limited to the following:

  1. Notify the Responding Party of the allegations made;
  2. Provide a copy of the Sexual Misconduct Policy to both parties;
  3. Establish an agreement between the parties that they are not to initiate contact with the other party or parties until further notice by the College. Failure to cooperate or honor the agreement could result in restricting either party’s presence on campus;
  4. Take such other immediate measures to prevent contact with or proximity to the other party, including housing relocation, adjustment to work or class schedules and/or other measures as deemed appropriate by the Title IX Coordinator or designee;
  5. Have each of the parties and any witnesses acknowledge the expectation of confidentiality as outlined in this Policy;
  6. Advise all parties and any witnesses that they may not retaliate against any party or any witness involved in any investigation under this Policy.

The Rights of the Parties

The Reporting Party and Responding Party can expect the College to respect the rights of all involved by following the appropriate stated College sexual misconduct resolution process.

Rights of the Reporting Party and the Responding Party:

  • To choose to pursue an informal process or formal process, if applicable, as outlined in this Policy.
  • To have the allegations investigated in a thorough and timely manner.
  • To refrain from making self-incriminating statements. (However, the College will make a determination of whether a violation of the Sexual Misconduct Policy occurred based on the information presented.)
  • To be informed of the outcome of the sexual misconduct resolution process.

Although a reported concern may come in through many sources, the College is committed to ensuring that all reports are referred to the Title IX Coordinator.  This ensures consistent application of this Policy to all individuals and allows the College to respond promptly and equitably to resolving the concern. 

 

Availability of Formal and Informal Resolution Options

When a Reporting Party or the College chooses to move forward with a complaint, there are two avenues for resolution of an alleged policy violation; formal and informal resolution.  Informal resolution is permissible where all parties voluntarily agree to participate in an informal resolution.  An informal resolution does not involve a full investigation and adjudication (finding of responsibility).  An informal resolution may proceed after both parties receive a full disclosure of the allegations and their options for formal resolution and if the College determines that the particular complaint is appropriate for informal resolution.  If a complaint is processed informally, the Reporting Party, Responding Party, or College has the option to move the complaint to the formal process at any time. The Informal Process and/or mediation are typically not available in cases involving sexual violence, but if the informal process is requested the parties and the College could agree to pursue an informal process.

Each resolution process is guided by the same principles of fairness and respect for all parties. Resources are available for both students and employees, whether as Reporting Parties or Responding Parties, to provide guidance throughout the investigation and resolution of the complaint. These resources are maintained by the Title IX Team and available through the Student Life, Human Resources, and Academic Affairs offices, as appropriate.

While the resolution processes for students, faculty, and staff might differ from one another, each process will include the following, essential attributes:

  • The parties will have an equal opportunity to present relevant witnesses and other evidence;
  • While it is not required of any party to have an advisor, each party has the opportunity to have present an advisor of their choice, who may be an attorney or Ampersand advocate, but that advisor may not participate in the meeting, hearing, or procedure, other than advising the party;
  • In any resolution process involving a standard of proof, the College will use the preponderance-of-the-evidence standard (that is, more likely than not that sexual misconduct occurred);
  • The burden of demonstrating that a case of sexual misconduct occurred and that the Responding Party is responsible for that misconduct lies with the College;
  • If either party is allowed to introduce third-party expert testimony, both parties will be allowed to do so on the same basis;
  • Where appeals are allowed, each party will have the same opportunity to appeal as the other; and
  • Both parties will be notified, in writing at the same time, of the outcome of both the complaint and any appeal.

Informal Resolution Process

Purpose

The informal process is an opportunity to bring resolution to an informal complaint through awareness, education, and/or a facilitated discussion.  The Title IX Coordinator will appoint a College official to facilitate the informal resolution. During an informal process, written statements are not taken from the Reporting Party or the Responding Party, and no hearing is conducted.  As such, there will not be a finding of responsibility for a violation, nor will there be disciplinary sanctions levied against a Responding Party; however, there could be requirements of certain behavior or the undertaking of certain acts that are required as a part of the informal resolution of the matter.

Step 1: Facilitate Resolution

This process utilizes the information gathered during the preliminary inquiry or investigation to facilitate an appropriate resolution to the informal complaint.  The following are examples of possible options, one or more of which may be used to bring resolution to an informal complaint.

Potential Informal Actions

  1. Distribute a copy of the Sexual Misconduct Policy as a reminder to the person, group, or area where behavior is being questioned;
  2. Educate all parties regarding the College’s Sexual Misconduct Policy;
  3. Advise the person(s) how to communicate the unwelcome nature of the behavior to the alleged harasser;
  4. Conduct a sexual misconduct educational workshop for the designated group or department;
  5. Meet with the Responding Party to raise awareness about alleged inappropriate behavior and provide notice about possible College consequences;
  6. Facilitate discussion among all the parties involved, if all parties are in agreement to do so;
  7. Institute alternative work/ living arrangements, class schedule, advisor/supervisor arrangements; or
  8. Limit contact or impose a no-contact order between the Reporting Party and Responding Party.

Step 2: Document Informal Resolution

At the conclusion of the informal process, a letter summarizing the outcome(s) of the process will be sent by the College official leading the process to the Reporting Party and Responding Party and other appropriate College officials to bring closure to the matter (see Retention of Documents section in this Policy).

If the matter is not resolved to the satisfaction of the parties utilizing the informal process, and/or the College determines the matter should be resolved through the formal process, the Reporting Party, the Responding Party and/or the College may pursue the formal process.  In such an instance, the Reporting Party, the Responding Party, and/or the College may pursue the formal process within 5 business days of the date on the informal outcome letter.

 

Formal Resolution Process

The College offers a formal process leading to resolution of a complaint if: the complaint involves sexual violence; the informal resolution is not agreed upon or fails to satisfactorily resolve a concern; and/or the College determines the formal process is appropriate or necessary. 

Investigation

The College will strive to complete a thorough, fair, impartial, and timely investigation. The Title IX Coordinator will appoint an investigator, who is normally a trained member of the Title IX team to conduct the investigation.  The Reporting Party and the Responding Party will be notified in writing of the investigator(s) assigned to their case.

The investigator will require the Reporting Party or College representative making the complaint to complete Step 1. Steps 2-5 will follow. 

Step 1 - Reporting Party's Written Statement

The Reporting Party will be asked to complete a written statement of the sexual misconduct allegations.  The statement should be as specific as possible, and, to the extent the information is available, including dates, times, locations, a description of the alleged misconduct and the name(s) of the Responding Party(ies).  The Reporting Party should also provide a list of any person(s) who may have information that would be helpful to the investigation and hearing process.  The Reporting Party will submit the above information to the investigator.   

Step 2 - College's Response

Once the Reporting Party has submitted the written statement of allegations, the investigator will likely meet with the Reporting Party to discuss his/her/their complaint and to ask any clarifying questions from the written statement. The investigator will make sure that the Reporting Party has been adequately advised of available immediate measures (such as housing reassignments, security escorts, or class schedule changes) that are appropriate prior to a hearing on the complaint.

The investigator will then contact the Responding Party to schedule a meeting to discuss the allegations.  Within a reasonable period of time prior to the scheduled meeting time to discuss the allegations, the investigator will provide, typically in person, to the Responding Party a written notice of the allegations, including the parties involved, the specific section of the Sexual Misconduct Policy or other parts of the student Code of Conduct alleged to be violated, the precise conduct that is alleged to constitute the potential violation, and the date and location of the alleged incident.  This notice may be a copy of the Reporting Party's complaint statement if it includes this necessary information.  During the meeting with the Responding Party, the investigator will ask questions and listen to his/her/their version of the incident.  During the meeting the Responding Party will have the right to have present an advisor, who may be an attorney, but the advisor will not be permitted to participate in any way in the meeting, except to advise the Responding Party.  

Step 3 - Responding Party's Response

The investigator will ask the Responding Party to provide a written response to the allegations by a specified date or within a reasonable period of time necessary to keep the process moving forward. The Responding Party will be asked also to provide a list of any person(s) who may have information that would be helpful to the investigation and hearing process.  A copy or summary of the response will be forwarded to the Reporting Party or the College representative bringing the complaint, as the case may be (with names and personally identifying information of other students redacted consistent with state and federal law)

Step 4 - Witness Statements and Other Evidence

The investigator will collect any witness statements and other evidence he or she deems important to help assess whether sexual misconduct has occurred. 

Step 5 - Investigation Report

Upon gathering all the relevant evidence and speaking with the parties and witnesses deemed relevant by the investigator, the investigator will prepare an investigation report to be reviewed by the Title IX Coordinator.  The investigation report will contain a summary of the information and documents collected during the investigation and which the investigator considers relevant.  This investigation report will be sent to the appropriate College Hearing Office, as set forth below, as well as being shared with the Reporting Party and Responding Party, with any information redacted consistent with federal and state law.  The parties will also have access to any information that will be used during any administrative hearings.

Administrative Hearing

The function of this hearing is for a College Hearing Officer (see below for the identity of the hearing office) to hear from the Reporting Party, the Responding Party, and/or any other witness the hearing officer deems necessary to determine whether it is more likely than not that the Responding Party is responsible for the misconduct alleged, whether the conduct violated the College’s Sexual Misconduct Policy, and, if so, to determine an appropriate sanction.  Hearing officers will be trained in the conducting of fair hearings, in the terms of this Policy, and of issues involved in sexual misconduct, including victim trauma.  The College Hearing Officer will receive a copy of the Investigation Report.

All administrative hearings will be conducted by the following College Hearing Officers:  

  • Complaints against Students will be heard by the Vice President and Dean of Student Life (or a designee). Please see below for the Hearing Procedure;
  • Complaints against Staff will be heard by the Vice President for Human Resources and Administrative Services (or a designee). Please see the Staff Handbook for the Sexual Misconduct Hearing Procedure;
  • Complaints against Faculty will be heard by the Vice-President for Academic Affairs (or a designee). Please see the Faculty Handbook for the Sexual Misconduct Hearing Procedure.

Hearing Procedure:

  1. The Reporting Party and Responding Party will be notified of the date, time and location of the hearing.
  2. The hearing is closed and generally includes only the Reporting Party, the Responding Party, and the College Hearing Officer (the Hearing Officer may permit another College official to act as an observer of the proceedings,  but not as a participant).  The College Hearing Officer may meet with the parties together or separately, based on the circumstances.  (The Reporting Party will not be required to attend a hearing with the Responding Party, but may meet separately with the Hearing Officer or otherwise participate remotely.)
  3. Both parties are allowed to have an advisor for the hearing (for example, an employee of Ampersand (formerly BRCC) or a parent could serve as an advisor).  The advisor (for either party) may be an attorney, but the advisor is not allowed to participate in the hearing in any manner.  The advisor may attend and consult with the person they are advising, but may not ask questions and/or otherwise engage in the process. If a party’s attorney is present, then the College may also have an attorney present.  If a party decides to have an advisor present at the hearing, then the party must provide at least 48-hours' advance notice that the advisor will be present, along with the name of the advisor, and whether the advisor is also an attorney.  The College will endeavor to inform the other parties if any of the parties is planning to include an advisor in the hearing.
  4. The Reporting Party and Responding Party may each submit a written statement concerning the alleged misconduct, the effect of the misconduct, and the appropriate sanction. The College Hearing Officer has discretion to limit the testimony or information offered if it is cumulative, irrelevant, or otherwise not helpful to the determination of responsibility or sanction.
  5. The College Hearing Officer may ask questions of the Reporting Party, of the Responding Party, and of any other witnesses and will consider the statements and any relevant information in the Investigation Report.
  6. The College Hearing Officer will determine whether the Responding Party has violated the College’s Sexual Misconduct Policy. If there is a determination of violation, then the College Hearing Officer will also determine, after consultation with appropriate College personnel, appropriate sanction(s) against the Responding Party. The College Hearing Officer will also determine if any remedies are appropriate to provide to the Reporting Party following the hearing process.
  7. After the hearing is concluded, the Responding Party and Reporting Party will be informed in writing at the same time of the outcome and the rationale for the same.  The sanction(s) will be communicated in writing to the Responding Party, and any sanction(s) that directly relate to the Reporting Party will be communicated in writing to the Reporting Party.  Also, any College administrators, faculty, or staff who require the information to carry out the sanction(s), will receive the appropriate information.  The Reporting Party will also receive information on any remedies that are available to him/her/them.

Appeal Process

The Responding Party or the Reporting Party each may appeal the decision and/or sanction to the President (if the President determines there is or could appear to be a conflict of interest, the President may designate another person to act in place of the President). Appeals are only available on the bases for appeal set forth below. Appeals must be submitted to the Title IX Coordinator within (5) five business days of receipt of the written decision and must specify the grounds for the appeal. 

The grounds on which an appeal may be filed with the President are limited to the following:

  1. New information not available to the hearing officer which, if available at the time of the hearing, may have affected the decision;
  2. Evidence that established procedures were not followed in a manner that may have affected the decision, and/or;
  3. The sanction was disproportionate for the violation.

Any appeal filed pursuant to this Policy shall be shared with the other party(ies) within 2 business days of the receipt of the appeal.  The other party will have 3 business days to respond in writing, sending the response to the Title IX Coordinator.

The President shall review the report and sanctions to be imposed, and may review any documents, materials, or statements obtained during the investigation or presented during the hearing.  In addition, the President shall review the appeal document and any response received from the non-appealing party(ies).

The President may accept, reject, or modify the finding and/or sanctions based on one or more of the three, above-listed grounds for appeal.

The President will, under normal circumstances, make a final decision on the appeal within 10 business days of receiving the timely-filed appeal and timely-filed responses. The President will communicate the decision, in writing, to the Title IX Coordinator, who will forward the decision to the Responding Party, the Reporting Party, and the College Hearing Officer who conducted the underlying hearing in the case.

The Title IX Coordinator shall forward the President’s decision to the Responding Party's department chair, dean/supervisor, and appropriate vice president(s). 

The President's decision shall be final. 

Disciplinary Action

Should disciplinary action be required, it will be taken by the following College officials, after consultation with appropriate Centre personnel:

  • Students: Disciplinary action will be taken by the Vice President and Dean of Student Life.
  • Staff: Disciplinary action will be taken by the supervisor and Vice President for Human Resources and Administrative Services.
  • Faculty: Disciplinary action will be taken by the Vice President for Academic Affairs.

Sanctions

The sanctions available under these processes are intended to reflect the facts and circumstances of a particular case as best they can be determined.  Sanctions also are premised on the College’s role as an educational institution.  Sanctions may be issued individually, or a combination of sanctions may be imposed. The determination of sanctions is based upon a number of factors, including: the harm suffered by the Reporting Party; any ongoing risk to either the Reporting Party or the community posed by the Responding Party; the impact of the violation on the community, its members, or its property; any previous conduct violations; and any mitigating or aggravating circumstances.

Depending upon the severity of the misconduct and other factors pertinent to the situation and the parties involved, for a student, the sanctions range as follows (as provided in the Student Handbook):

  1. Warning—A notice in writing to the student that the student is violating or has violated institutional regulations.
  2. Probation—A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
  3. Loss of Privileges—Denial of specified privileges for a designated period of time.
  4. Fines—Previously established and published fines may be imposed.
  5. Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  6. Discretionary Sanctions—Work assignments, essays, service to the college, or other related discretionary assignments.
  7. Residence Hall Relocation—Relocation of the student from one room or residence hall to another room or residence hall either for a definite period of time, or indefinitely.
  8. Residence Hall Suspension—Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
  9. Residence Hall Expulsion—Permanent separation of the student from the residence halls.

10.  College Suspension—Separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

11.  College Expulsion—Permanent separation of the student from the college.

In addition, the sanctions could include a requirement of counseling or education.  For faculty and staff, the sanctions range from a warning to termination of appointment/employment, and could include a requirement of counseling or education.  

Final Report

Upon completion of a sexual misconduct investigation, the file containing all documentation relating to the complaint will be maintained in the Human Resources Department in a separate confidential file. 

A copy/copies of the final outcome or determination letter from any formal disciplinary action will be maintained in accordance to the following guidelines:

  • Students: In the Student’s file, maintained by the Vice President and Dean of Student Life.
  • Staff: In the Staff member’s personnel file, maintained in the Human Resources Department.
  • Faculty: In the Faculty member’s personnel file, maintained in the Human Resources Department, and within the office of the Vice President of Academic Affairs.

As required by law, Centre College Department of Public Safety collects and annually reports statistical information concerning sexual misconduct that occurs within its jurisdiction.

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