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 the federal Title IX standard or other Sexual Misconduct under this Policy; if an informal resolution is not agreed upon or fails to satisfactorily resolve a concern; and/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 is normally a trained Department of Public Safety director, to conduct the investigation. The investigator appointed must be free of any conflict of interest and bias. 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 complete a written statement of the sexual misconduct allegations as a Formal Complaint (defined and described above). 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 his/her/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, who may be an attorney, 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 hearing on 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 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 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.

Prior to the 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 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 investigator’s final investigation report that fairly summarizes the evidence and send that to the Title IX Coordinator.

Upon receipt of the investigation report, and no fewer than 10 days prior to any hearing on the allegations, the Title IX Coordinator will then send the report to each party, each party’s advisor, and to the appropriate person or persons who will conduct the hearing. 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.

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 the hearing, including for purposes of cross-examination. Evidence will be handled consistent with state and federal law regarding disclosure of student and employee records.

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 the federal Title IX standard and (b) would not constitute sexual harassment under the federal Title IX standard but would otherwise constitute misconduct under this Policy. Where a Complaint or specific allegations are dismissed because they would not constitute sexual harassment under the federal Title IX standard, the College may continue to move forward to determine whether the conduct otherwise violates this Policy. Even if the Complaint or specific allegations are dismissed, 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 as to the federal Title IX standard where the conduct alleged:

Would not meet the federal Title IX definition of sexual harassment, even if proved;
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).

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 circumstance 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 making a determination of the facts.

As part of the dismissal process, the College must provide both parties 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.

Hearing Processes

The College will 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 under any other portion of the Student Conduct Code.

Where the allegations pertain to conduct which, if proven true, would meet the definition of Sexual Harassment under Title IX (as defined herein), the College will conduct a Live Hearing, as set forth below. If it is unclear whether the allegations pertain to Title IX-prohibited sexual harassment, then the College will use the Live Hearing process to determine responsibility.

Where the allegations pertain to conduct which, if proven true, would not meet the definition of Sexual Harassment under the federal Title IX standard (as defined herein), but would otherwise meet the definition of Sexual Misconduct in this Policy, then the College will conduct an Administrative Hearing, as set forth below, to determine responsibility.

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, of 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 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 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

1. 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.

2. 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.

3. 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.

4. 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.

Advisors

Parties are permitted advisors of their choice. The party choosing and 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.

Administrative Hearing (for non-Title IX conduct)

The function of this hearing is for a College Hearing Officer (see below for the identity of the hearing office) 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.

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).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.
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 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.

Appeal Process

The Respondent or the Complainant each may appeal the decision and/or sanction to the Sexual Misconduct Review Panel. 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 Review 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 Sexual Misconduct Review 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 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 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 for seven years.

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

The written determination of responsibility;
The audio or audio visual 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 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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IV. Complaint Procedures