IV. Complaint Procedures

Any person may file a Formal Complaint with the Title IX Coordinator or other OWA as a person, or on behalf of another person, alleged to be the victim of conduct that could constitute sexual misconduct under this Policy. The person alleged to be the victim of the misconduct is the Complainant. The Title IX Coordinator may choose to sign a Formal Complaint on behalf of the Complainant, if the Title IX Coordinator determines that the signing a Formal Complaint to initiate an investigation over the wishes of the Complainant is not clearly unreasonable in light of the known circumstances, including because of the need to protect the safety of the College community or the Complainant.

A “Formal Complaint” is a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct against a Respondent and requesting that the College investigate the allegation of sexual misconduct.

If an individual decides to file a Formal Complaint, a detailed statement of the alleged incident(s) must be submitted to the Title IX Coordinator. If the allegations are determined to potentially violate Federal Title IX Policy, a written (typed, emailed, or handwritten) statement must be signed and dated by the Complainant and submitted to the Title IX Coordinator. 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.

If the Title IX Coordinator determines an investigation is necessary and appropriate (even in the absence of the filing of a Formal Complaint if the Title IX Coordinator determines it is necessary to protect the safety of the College community or the Complainant), the investigation will normally begin within ten (10) business days, unless unusual or complex circumstances exist, or if the College is closed for regular business purposes (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.

College's Responsibility

Once a Formal Complaint of sexual misconduct is filed, the College is obligated by law to investigate and to take appropriate action, regardless of whether the Complainant wishes to participate or considers the behavior sexual misconduct. However, in certain circumstances, the College may or must dismiss the complaint.

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 Formal Complaint of sexual misconduct, the Title IX Coordinator or a College employee designated by the Title IX Coordinator will take additional appropriate 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:

Send written notice to the Respondent of the allegations made;
Provide a copy of the Sexual Misconduct Policy, which includes a copy of the College’s grievance process, to both parties;
If appropriate, 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;
If appropriate, take 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.
Have each of the parties and any witnesses acknowledge the expectation of confidentiality as outlined in this Policy and advise both parties that nothing in the Policy restricts their ability to discuss the allegations or to gather and present relevant evidence;
Advise all parties and any witnesses that they may not retaliate against any party or any witness involved in any investigation under this Policy.
Notify the parties of the allegations in sufficient detail and with sufficient time to prepare a response before any interview. This may include notice that some of the conduct alleged may violate other College conduct requirements. If, in the course of the investigation, the College learns of conduct that may violate College conduct requirements, the parties will be notified.
Notify the parties that the Respondent is presumed not responsible for the alleged misconduct until a determination regarding responsibility is made at the conclusion of the process.

If the report involves sexual misconduct involving a minor, the Title IX Coordinator and/or Department of Public Safety will notify all appropriate law enforcement and child protective agencies.

The Rights of the Parties

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

Rights of the Complainant and the Respondent:

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, unbiased, and timely manner.
To refrain from making self-incriminating statements and from participating in the process. (However, the College will determine whether a violation of the Sexual Misconduct Policy occurred based on the information presented.)
To be informed simultaneously of the outcome of the sexual misconduct resolution process.
To have an advisor of their choice.
To be treated equitably and to have an equal opportunity to present both fact and expert witnesses and inculpatory and exculpatory evidence.
To be notified of the date, time, location, participants, and purpose of all hearing investigative interviews, or other meetings, with sufficient time to prepare for participation.

Availability of Formal and Informal Resolution Options

When a Reporting Party or the College chooses to move forward with a Formal 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 except that informal resolutions are unavailable if the Complainant is a student and the Respondent is an employee. An informal resolution does not involve a full investigation and adjudication (finding of responsibility). An informal resolution may proceed after both parties receive full disclosure of the allegations, their options for formal resolution, and if the College determines that the particular complaint is appropriate for informal resolution. If a Formal Complaint is processed informally, the Complainant, Respondent, or College has the option to move the complaint to the Formal Resolution process at any time. The Informal Resolution 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 Complainants or Respondents, to provide guidance throughout the investigation and resolution of the complaint. These resources are maintained by the Title IX Coordinator 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;
For resolution processes involving alleged general violations of this policy, 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, but that advisor may not participate in any meetings, hearings, or procedures, other than to advise the party; for resolution processes involving alleged violations of Federal Title IX Policy, each party is required to have an advisor of their choice, who may be an attorney, but that advisor may not participate in any meetings or procedures, other than to advise the party, and for cross-examination of witnesses during the Title IX live hearing process.
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 Respondent 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.

Dismissal of Complaints

The College has the right and, in some cases, the obligation, to dismiss a Formal Complaint, or some allegations within the Formal Complaint, as specified below. The College will distinguish between allegations of conduct that (a) would constitute sexual harassment under this Policy and (b) would constitute sexual harassment under Federal Title IX Policy. Even if the Complaint or specific allegations are dismissed under this policy, the College may elect to pursue a disciplinary process under other College policies and procedures, such as the Student Conduct Code, the Faculty Handbook, or the Staff Handbook.

A Complaint or specific allegations within the Complaint must be dismissed according to Federal Title IX Policy where the conduct alleged:

Would not meet the Federal Title IX definition of sexual harassment, even if proven;
Did not occur in the College’s education program or activity;
Did not occur at a location or event or in a circumstance over which the College exercised substantial control over both the Respondent and the context in which it occurred or at any building owned or controlled by an officially recognized student organization; or
Did not occur in the United States (even if it occurred as part of a College program or activity).

Where a Complaint or specific allegations are dismissed according to Federal Title IX Policy because they would not constitute sexual harassment under Federal Title IX Policy, the College may continue to move forward to determine whether the conduct otherwise violates this Policy and pursue resolution accordingly.

Under the following circumstances, the College may choose to dismiss the Formal Complaint or any allegations within the Complaint:

If the Complainant notifies the Title IX Coordinator in writing that the Complainant wishes to withdraw the Complaint;
If the Respondent is no longer enrolled or employed by the College; or
If specific circumstances prevent the College from gathering sufficient evidence to make a determination.

In deciding whether to dismiss a Complaint or specific allegations, the College will consider the needs of the campus community, the safety of the parties involved, and the importance of determining the facts.

As part of the dismissal process, the College must provide both parties with written notice of the dismissal and the reasons for it. Either party may appeal the dismissal by giving notice to the Title IX coordinator within 5 days of receipt of the written notice of dismissal. The appeal of the dismissal will be decided as provided for under Appeals, below.

Informal Resolution Process

Purpose

The informal process is an opportunity to resolve an informal complaint through awareness, education, and/or a facilitated discussion. Informal resolution may be requested by either party, or recommended by the Title IX Coordinator, at any time during the resolution process; however, if the allegations are determined to potentially violate Federal Title IX Policy, a written, signed, and dated Formal Complaint must be filed before pursuing an informal resolution. When pursuing informal resolution, the Title IX Coordinator will provide written notice of all the allegations, explain that each party retains the ability to withdraw from the informal process and return to the formal process at any time before agreeing to a resolution, and explain any consequences from participating in the informal process including what records will be kept or shared. To move forward to attempt an informal resolution, the parties must provide their written, informed, and voluntary consent.

If these conditions are met and the parties wish to attempt an informal resolution, then the Title IX Coordinator will facilitate the informal resolution. During an informal process, written statements are not taken from the Complainant or the Respondent, no investigation is conducted, and no hearing is held. As such, there will not be a finding of responsibility for a violation, nor will there be disciplinary sanctions levied against a Respondent; however, there could be requirements of certain behavior or the undertaking of certain acts 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:

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

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 Complainant and Respondent 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, or the College determines the matter should be resolved through the formal process, the Complainant, the Respondent, or the College may pursue the formal process. In such an instance, the Complainant, the Respondent, or the College may pursue the formal process within five (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 conduct alleged would, if proven, constitute Sexual Harassment under this policy or Federal Title IX Policy; if an informal resolution is not agreed upon or fails to satisfactorily resolve a concern; or if 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 may be an internal designee of the Title IX Coordinator or an external third party, to conduct the investigation. The investigator appointed must be free of any conflict of interest and bias as defined by this policy in the policy definitions section. The Complainant and the Respondent will be notified in writing of the investigator(s) assigned to their case. The investigator will conduct a fair and impartial investigation with the understanding that the burden of proof and the burden of gathering evidence adequate to reach a determination of responsibility rest on the College, not on the parties. The investigator may not have a conflict of interest or bias and will be trained, including on issues of relevance, to ensure the investigative report fairly summarizes the relevant evidence.

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

Step 1: Complainant's Formal Complaint

If the Complainant has not already submitted a Formal Complaint, then the Complainant will be asked to submit a statement of the sexual misconduct allegations as a Formal Complaint (defined and described above). If the allegations are determined to potentially violate Federal Title IX Policy, a written (typed, emailed, or handwritten) statement must be signed and dated by the Complainant and submitted to the Title IX Coordinator. 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 Respondent(s). The Complainant should also provide a list of any person(s) who may have information that would be helpful to the investigation and hearing process. The Complainant will submit the above information to the investigator.

Step 2: College's Response and Investigation

Once the Complainant has submitted the Formal Complaint, the investigator will likely meet with the Complainant to discuss their complaint and to ask any clarifying questions from the Complaint. During the meeting, the Complainant will have the right to have present an advisor, but the advisor will not be permitted to participate in any way in the meeting, except to advise the Complainant. The investigator will make sure that the Complainant has been adequately advised of available supportive measures (such as housing reassignments, security escorts, or class schedule changes) that are appropriate prior to a determination of the outcome of the Complaint. The investigator might need to speak with the Complainant more than once.

The investigator will then contact the Respondent to schedule a meeting to discuss the allegations. Within a reasonable period of time prior to the scheduled meeting time to discuss the allegations adequate to give the Respondent sufficient time to prepare a response, the investigator will provide the Respondent 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 Complainant’s Complaint statement if it includes this necessary information. During the meeting with the Respondent, the investigator will ask questions and listen to his/her/their version of the incident. During the meeting, the Respondent will have the right to have present an advisor, but the advisor will not be permitted to participate in any way in the meeting, except to advise the Respondent. The investigator might need to speak with the Respondent more than once.

Step 3: Respondent's Response

The investigator will ask the Respondent 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 Respondent 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 Complainant or the Title IX Coordinator 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. Prior to concluding the investigation, the investigator will provide both parties and their advisors an equal opportunity to inspect and review any evidence obtained during the investigation that is directly related to the allegations raised in the Formal Complaint, even if the College does not intend to rely on that evidence, and any inculpatory or exculpatory evidence so each party can meaningfully respond prior to the conclusion of the investigation. A response by any party must be in writing and may include additional evidence for the investigator to consider. Any submitted responses will be shared with the other party(ies) and their advisor(s). The parties and their advisors will be required to sign a confidentiality and non-disclosure agreement prior to having access to the evidence.

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 include:

A description of the circumstances giving rise to the complaint;
A summary of the testimony provided by each witness, including the complainant and any witnesses identified by the complainant in the complaint;
An analysis of any relevant data or other evidence collected during the investigation;
For complaints where no part of the allegations potentially violate Federal Title IX Policy and the Title IX Coordinator has not determined that a hearing is necessary to facilitate the resolution of the complaint, a specific finding as to whether harassment or discrimination occurred regarding the allegation in the complaint; and
Any other information deemed appropriate by the investigator.

Prior to finalizing the investigation report, the investigator must send each party and each party’s advisor the evidence and provide at least 10 days for each party to submit a written response that the investigator will consider prior to completing the investigation. This evidence may be in electronic form or hard copy. Any response received from a party will be shared with the other party(ies) and their advisor(s).

After considering each party’s response, if any, the investigator will prepare or finalize the final investigation report that fairly summarizes the evidence and send that to the Title IX Coordinator, the Complainant (and their advisor if applicable), and the Respondent (and their advisor if applicable). The parties may review the report and all evidence, and may choose to provide a written response, which will be shared with the other party(ies) and their advisor(s), as well as the hearing officer if a hearing is required under Federal Title IX Policy or if a hearing is determined to be necessary to facilitate a resolution by the Title IX Coordinator.

The College will make all evidence available for the parties’ inspection and review at any hearing and give each party an equal opportunity to refer to the evidence during any hearing, including for purposes of cross-examination. Evidence will be handled consistent with state and federal law regarding disclosure of student and employee records.

Step 6: Determination of Findings

For complaints where no part of the allegations potentially violate Federal Title IX Policy and the Title IX Coordinator has not determined that a hearing is necessary to facilitate the resolution of the complaint, the investigator will serve as the official who shall make the determination of responsibility, based on the evidence and outcome of the investigation. This determination will be made in the final investigation report, which will include:

The determination of the investigator as to whether the alleged conduct constituting discrimination, harassment, or retaliation occurred regarding each allegation in the complaint;
The determination of the investigator as to whether the conduct that occurred constitutes a policy violation and the section to have been violated;
A description of actions taken, if any, to prevent similar problems in the future;
The proposed resolution of the complaint; and
The complainant’s right to appeal as described below.

The investigator will provide the final investigation report to the Title IX Coordinator, the Complainant (and their advisor if applicable), and the Respondent (and their advisor if applicable).

If the evidence substantiates a claim of prohibited conduct, the Director of Equal Opportunity & Title IX Compliance will provide a copy of the report to the appropriate Administrator based on the jurisdiction of the Respondent for review:

For students, this would be the Dean of Students;
For employees, this would be the Vice President of Human Resources and/or the Vice President of Academic Affairs.

Review by the appropriate administrator may include reviewing the investigation report, speaking to the investigator, or speaking to the Complainant and Respondent. The purpose of this review is not to re-investigate or re-decide the matter but to collect necessary information to determine the necessity and scope of potential sanctions or other actions that the College may take to remediate and prevent future occurrences of harassment and discrimination.

If the evidence does not substantiate a claim of prohibited discrimination, harassment, or retaliation, the matter will be considered closed unless there is an appeal.

Hearing Processes

Where the allegations pertain to conduct which, if proven true, would meet the definition of sex discrimination or sexual harassment under Federal Title IX Policy, the College is required by Federal law to utilize a live hearing process, as set forth below.

For complaints where the Title IX Coordinator has determined that a hearing is necessary to facilitate a resolution of the complaint, the College may choose to utilize a hearing process to determine whether the allegations of misconduct are true and whether the Respondent is responsible for misconduct under this Policy or any other College Policy. The Title IX Coordinator may determine that a hearing is necessary based on, but not limited to, the following criteria:

The alleged conduct is so severe, pervasive, or objectively offensive that it effectively denies a person equal access to the College’s educational programs or activities, but is not covered under Federal Title IX Policy;
The alleged conduct includes sexual misconduct that is severe, pervasive, or objectively offensive or includes sexual assault against a complainant who was not attempting to participate in an educational program or activity;
The conduct includes quid pro quo sexual harassment that did not occur in the United States or is otherwise not covered under Federal Title IX Policy;
The alleged conduct includes sexual assault that did not occur on campus or in the United States or is otherwise not covered under Federal Title IX Policy; or
The alleged conduct includes relationship intimidation or abuse.

If it is unclear whether the allegations pertain to Title IX-prohibited sex discrimination or sexual harassment, then the College will use the live hearing process to determine responsibility.

Administrative Hearing (for non-Title IX allegations)

The function of this hearing is for a College Hearing Officer (see below for the identity of the hearing officer) to hear from the Complainant, the Respondent, and/or any other witness the hearing officer deems necessary to determine whether it is more likely than not that the Respondent 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 Dean of Students (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.
If the College Hearing Officers are not available or have a conflict of interest and cannot select a designee, an appropriate Hearing Officer who may be an internal or external Hearing Officer will be selected by the Title IX Coordinator.

Hearing Procedure:

The Complainant and Respondent will be notified of the date, time, and location of the hearing.
The hearing is closed and generally includes only the Complainant, the Respondent, 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 Complainant will not be required to attend a hearing with the Respondent, but may meet separately with the Hearing Officer or otherwise participate remotely.)
Both parties are allowed to have an advisor for the hearing (for example, an employee of Ampersand or a parent could serve as an advisor).Advisors are not allowed to participate in the hearing in any manner.Advisors 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 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 and contact information of the advisor. The College will endeavor to inform the other parties if any of the parties are planning to include an advisor in the hearing.
The Complainant and Respondent may each submit a written statement concerning the alleged misconduct, the effect of the misconduct, and the appropriate sanction. The College Hearing Officer has the discretion to limit the testimony or information offered if it is cumulative, irrelevant, or otherwise not helpful to the determination of responsibility or sanction.
The College Hearing Officer may ask questions of the Complainant, of the Respondent, and of any other witnesses, and will consider the statements and any relevant information in the Investigation Report.
The College Hearing Officer will determine whether the Respondent 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, an appropriate sanction(s) against the Respondent. The College Hearing Officer will also determine if any remedies are appropriate to provide to the Reporting Party following the hearing process.
After the hearing is concluded, the Respondent 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 Respondent, 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.

Live Hearing (for Title IX Sexual Harassment Allegations)

The function of this hearing is for an Adjudicator (see below for more details) to hear from the Complainant, the Respondent, and/or any other witness the Adjudicator deems necessary to determine whether it is more likely than not that the Respondent is responsible for the misconduct alleged, whether the conduct violated the College’s Sexual Misconduct Policy, including whether the conduct constitutes Sexual Harassment, and, if so, to determine an appropriate sanction. A respondent is not to be deemed responsible for the misconduct alleged until a final determination is made.

Adjudicator

The Adjudicator may be a single hearing officer or a panel of hearing officers. The Title IX Coordinator will designate one or more persons to conduct the hearing, and the persons may be employees of the College or those from outside the College, so long as all meet the requirements below. Anyone serving as an Adjudicator must be free from conflicts of interest or bias for or against complainants or respondents. All adjudicators 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, questioning, relevance, and any technology to be used in the live hearing. Adjudicators must also receive training as to what constitutes dating violence, domestic violence, sexual assault, and stalking under federal law and this Policy.

Hearing Procedure:

The Complainant and Respondent will be notified of the date, time, and mode or location of the hearing. The hearing will be conducted via teleconference (such as Zoom) unless the Adjudicator, the Title IX Coordinator, and all parties agree otherwise. The Title IX Coordinator will endeavor to convene a pre-hearing meeting with the parties, their advisors, the adjudicator, and other necessary persons to set dates and deadlines, discuss intended witnesses, and other procedural matters.
All hearings must be recorded or a transcript maintained.
The live hearing is closed and generally includes only the Complainant, the Respondent, the parties’ Advisors, witnesses as they are providing testimony, and the Adjudicator, along with any other College officials needed to coordinate the hearing. The parties must attend the hearing live. In cases where the hearing is conducted in person, if parties are not in the same room, they must be able to participate simultaneously. If the parties are in different rooms, the College must use technology that will allow the Adjudicator and parties to see and hear the party or witness providing information, simultaneously, and in real-time.
Both parties are allowed to have an advisor of their choosing for the hearing. For example, an employee of Ampersand 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, except to cross-examine witnesses on behalf of the party they are advising. The advisor may consult with the person they are advising. If a party’s advisor is an attorney, then the College may also have its 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 attorney advisor in the hearing.
No later than 48 hours prior to the hearing, the Complainant and Respondent may each submit a written statement concerning the alleged misconduct, the effect of the misconduct, and the appropriate sanction. The statement may be submitted to the Title IX Coordinator, but only reviewed by the Adjudicator after the hearing if the Respondent is found responsible for violating the Policy.
The Adjudicator has the discretion to limit the testimony or information offered if it is cumulative, irrelevant, or otherwise not helpful to the determination of responsibility or sanction (consistent with the provisions on Evidence, set forth below).
A party’s or witness’s decision to be absent from the hearing or refusal to answer any questions, including cross-examination, may not be the sole basis for a determination regarding responsibility.
The parties’ advisors may ask questions of and cross-examine witnesses (including the other party), but will not ask questions of the party they are advising, except that they may ask follow-up questions of their party after their party has been cross-examined. All relevant questions and follow-up questions, including ones challenging credibility, must be permitted. Parties must not be required to submit questions in advance of the hearing.
Before a witness or a party answers a question, the decision-maker must decide if the question is relevant and explain any decision to exclude a question as not relevant. The explanation need not be more than the question is not probative of a material fact. Questions that are duplicative of other evidence in the record may be considered not relevant.
The Adjudicator may ask questions of the Complainant, of the Respondent, and of any other witnesses (except anyone who has not agreed to submit to cross-examination), and will consider the statements and any relevant information in the Investigation Report.
The Adjudicator will determine whether the Respondent has violated the College’s Sexual Misconduct Policy. If there is a determination of violation, then the Adjudicator will also determine, after consultation with appropriate College personnel, and reviewing any statement submitted by a party prior to the hearing, an appropriate sanction(s) against the Respondent. The Adjudicator will also determine if any remedies are appropriate to provide to the Complainant following the hearing process.
After the hearing is concluded, the Respondent and Complainant will be informed in writing at the same time of the outcome and the rationale for the same. Both parties will receive notice of any sanctions imposed on the Respondent and any remedies provided to the Complainant. Also, any College administrators, faculty, or staff who require the information to carry out the sanction(s), will receive the appropriate information.

Rules Regarding Questions for the Live Hearing

Sexual history: Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not considered relevant unless

To prove someone other than the respondent committed the alleged conduct; or
If concerning specific incidents of the Complainant’s conduct with Respondent, intended to prove consent.

Medical records: Questions or evidence related to medical records must be excluded unless the party who is the subject of the medical record has consented to their submission in writing.
Questions seeking relevant evidence may not be excluded by the Adjudicator solely on the basis that they are unduly prejudicial, seek character evidence, or concern prior bad acts, but the Adjudicator retains discretion in determining the weight and credibility to assign to such evidence.
If deemed reliable and relevant by the Adjudicator, and not otherwise subject to exclusion under this Policy, the adjudicator may consider the statements of persons who were not present at the hearing, or persons who were present at the hearing but who nevertheless were not subject to cross-examination. Such a “statement” includes, but is not limited to, opinions and statements in police reports or other official reports, medical records, court records and filings, investigation notes of interviews, emails, written statements, affidavits, text messages, social media postings, pictures, and the like. No negative inferences may be drawn because an individual couldn’t be cross-examined.
For the protection of the parties from abuse, intimidation, or any action contrary to law or College policy, questions must be asked in a respectful, non-abusive manner. The Adjudicator has the responsibility to enforce this Policy, including by stopping or interrupting questioning, disallowing questions that violate this Policy, and pausing the hearing to resolve questions, and removing any participant, including an Advisor, who does not comply with the Policy.

Advisors

Parties are permitted advisors of their choice. The party choosing an advisor should provide the advisor’s name and contact information to the Title IX Coordinator so the advisor can be provided appropriate notice of meeting and hearings. A party’s advisor may attend all related meetings or hearings and, once the Title IX Coordinator is informed of the party’s advisor’s name and contact information, must receive the same notice as is given to the parties, as described throughout the process.

Parties may be required in advance to provide notice that the party’s advisor will attend any meeting, interview or hearing.

If a party does not have an advisor at a hearing, the College will provide one at no cost to the party, at a minimum, to conduct cross-examination at the hearing. The College may appoint a member of the College community or a person from off-campus.

If a party doesn’t want an advisor, the College will still make one available at the hearing and permit the advisor to conduct cross-examination on behalf of the party during the hearing.

The College may require advisors to agree to non-disclosure of FERPA-protected records.

Appeal Process

The Respondent or the Complainant each may appeal the decision and/or sanction to the Appeal Panel (referred to as “Panel” below). 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 Panel are limited to the following:

New information not available to the hearing officer which, if available at the time of the hearing, may have affected the decision;
Evidence that established procedures were not followed in a manner that may have affected the decision;
Title IX Coordinator, investigator, or Adjudicator had a conflict of interest or bias that affected the outcome of the matter; or
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 5 business days to respond in writing, sending the response to the Title IX Coordinator, who will share the response with the other party(ies).

The Panel 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 Panel shall review the appeal document and any response received from the non-appealing party(ies).

The Panel may accept, reject, or modify the finding and/or sanctions based on one or more of the four, above-listed grounds for appeal. The Panel must issue a written decision simultaneously to both parties describing the result and the rationale for the result.

The Panel 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 Panel will communicate the decision, in writing, to the Title IX Coordinator, who will forward the decision to the Respondent, the Complainant, and the Adjudicator/College Hearing Officer who conducted the underlying hearing in the case.

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

The Panel'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 Dean of Students.
Staff: Disciplinary action will be taken by the supervisor and/or Vice President of 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 Complainant; any ongoing risk to either the Complainant or the community posed by the Respondent; 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):

Warning—A notice in writing to the student that the student is violating or has violated institutional regulations.
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.
Loss of Privileges—Denial of specified privileges for a designated period of time.
Fines—Previously established and published fines may be imposed.
Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
Discretionary Sanctions—Work assignments, essays, service to the college, or other related discretionary assignments.
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.
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.
Residence Hall Expulsion—Permanent separation of the student from the residence halls.
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.
College Expulsion—Permanent separation of the student from the college.

In addition, the sanctions could include a requirement for counseling or education.

For faculty and staff, the sanctions range from a warning to termination of appointment/employment and could include a requirement for 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 for seven years.

The file shall contain records pertaining to the following, as applicable:

The written determination of responsibility;
The audio or audiovisual recording or transcript of the hearing;
Any disciplinary sanctions imposed on the Respondent;
Any remedies provided to the Complainant;
Any appeal and its outcome;
Any informal resolution and its outcome;
Any records of actions taken in response to any Formal Complaints, including requests for supportive measures and the College’s conclusion that its response was not deliberately indifferent plus documentation of action designed to restore or preserve the Complainant’s equal access;
If the College did not provide the Complainant’s requested supportive measures, the reasons why the College’s response was not clearly unreasonable under the known circumstances.

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

Students: In the Student’s file, maintained by the Office 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 by the Human Resources Department, and the Office 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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Sex Discrimination, Sexual Misconduct, and Title IX Policy

IV. Complaint Procedures

Informal Resolution Process

Formal Resolution Process

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