Grievance Procedures

Use of these grievance procedures applies to reports alleging sexual harassment carried out by employees, students, or third parties.

All reports of sexual harassment are taken seriously. At the same time, those accused of sexual harassment are presumed “not responsible”
throughout this grievance procedure until a determination of responsibility.

1. After receiving a report of sexual harassment, the Title IX Coordinator takes prompt and appropriate steps to:

a. Communicate with the individual who reported the alleged conduct;

b. Implement supportive measures to eliminate and prevent the recurrence of sexual harassment, deter retaliation, remedy the effects of sex harassment, and provide due process rights during a college investigation;

c. Explain the process for filing a formal complaint, including by providing the individual with a copy of this Policy and Procedure; and

d. Determine whether the alleged conduct, as described by the reporting party, falls within the scope of this policy and if so, initiate the investigation and resolution procedures outlined below.

e. The Title IX Coordinator may delegate the authority to take some or all of these steps to a Deputy Title IX Coordinator.

2. The Title IX Coordinator must administratively close a report or complaint of sexual harassment if after an initial assessment:

a. The allegations as stated do not constitute a violation of this Policy and Procedure, even if proven; or

b. The alleged sexual harassment did not occur in the College’s Education Program or Activity or did not occur in the United States.

c. The Title IX Coordinator will notify the parties if a report or complaint of sexual harassment is closed under this section, including the reason(s)
for closure, and direct the parties to the appropriate College office or department to resolve the report or complaint. All parties may appeal
the Title IX Coordinator’s dismissal of a Formal Complaint under this section by using the appeal procedures in Section VI, below.

3. The Title IX Coordinator may administratively close a report or complaint of sexual harassment if:

a. The Complainant, at any time, requests withdrawal of the report or complaint;

b. The Respondent is no longer enrolled or employed by the College; or

c. The College is prevented from gathering evidence sufficient to reach a determination of responsibility.

d. The Title IX Coordinator will notify the parties if a report or complaint of sexual harassment is closed under this section, including the
reason(s) for closure, and direct the parties to the appropriate College office or department to resolve the report or complaint. All
parties may appeal the Title IX Coordinator’s dismissal of a Formal Complaint under this section by using the appeal procedures in
Section VI, below.

4. The Title IX Coordinator may open an investigation on their own if the complainant chooses not to do so. To make this fact-specific determination,
the Title IX Coordinator must, at a minimum, consider the following factors:

a. The Complainant’s request not to proceed with the initiation of a formal complaint;

b. The Complainant’s reasonable safety concerns regarding the initiation of a complaint;

c. The risk of further acts of sex discrimination occurring if a complaint is not initiated;

d. The severity of the alleged sex discrimination, including whether the allegations, if substantiated, would warrant removal of the
respondent from campus or the imposition of other disciplinary measures;

e. The age and relationship of the involved parties, including whether the respondent is an employee of the College;

f. The scope of the alleged conduct, including any indication of a pattern or ongoing sex discrimination, or conduct that may have
impacted multiple individuals;

g. The availability of evidence that could support a decisionmaker in determining whether sex discrimination occurred; and

h. Whether the College can effectively end the alleged sex discrimination and prevent its recurrence without the need to initiate
grievance procedures.

If, after evaluating the above and any other relevant factors, the Title IX Coordinator determines that the reported conduct presents an imminent
and serious threat to the health or safety of the Complainant or others, or if the conduct prevents the College from ensuring equal access to its
education program or activity on the basis of sex, the Title IX Coordinator may initiate a formal complaint.

5. Regardless of when alleged sexual harassment is reported, a Complainant must be participating in or attempting to participate in the College’s
education program or activity for a Formal Complaint to be filed.

1. Any party may request the College facilitate an informal resolution to a sexual harassment complaint at any time prior to a final determination. The Title IX Coordinator may offer the parties the opportunity for informal resolution, too.

• a. Upon a request for informal resolution, the Title IX Coordinator determines whether informal resolution is appropriate based on the facts and circumstances of the case. The Title IX Coordinator ensures that any proposed informal resolution is consistent with the College’s obligations to prevent and redress sexual harassment.
• b. A student’s allegations of sexual harassment against a College employee are not eligible for informal resolution.
• c. The Title IX Coordinator provides the parties with written notice of proceeding with an informal resolution, including the allegations of sexual harassment, the requirements of the informal resolution process, and potential outcomes resulting from participating in the informal resolution process.
• d.The Title IX Coordinator also designates an independent, neutral person to facilitate the informal resolution.

2. Informal resolution is voluntary.

• a. The Complainant and Respondent must provide written consent for informal resolution to take place.
• b. Any party has a right to end the informal resolution process at any time prior to agreeing to a resolution and begin or continue the formal investigation and grievance process.

3. Informal resolution concludes the matter only when all parties have signed a written agreement that confirms resolution of the allegations.

• a. The resolution agreement must include a waiver of the parties’ right to have a formal hearing on the allegations that have been informally resolved.
• b. Parties are prohibited from revoking or appealing a resolution agreement. Should the Respondent violate the terms of an informal resolution agreement, such violation will subject the Respondent to an investigation and the formal grievance process contained in this procedure.

4. If a resolution agreement is not reached, the College will continue with a formal investigation.

1. The goal of a formal investigation is to reach a determination as to whether a Respondent has violated one or more College policies prohibiting sexual harassment and if so, remedy the effects of a violation.

• a. The Title IX Coordinator may include possible violations of other College policies that contributed to, arose from, or are otherwise related to alleged violations of this Policy and Procedure in the scope of an investigation.
• b. The Title IX Coordinator gives written notice to the Complainant and Respondent of the investigation, providing sufficient details to allow the parties to respond and prepare for initial interviews, including the identity of the parties involved (if known), the conduct alleged to be sexual harassment, the date and location of alleged incidents (if known), a statement that the Respondent is presumed not responsible and a determination of responsibility is made at the conclusion of the process, information regarding the parties’ right to an advisor and the right to review evidence, and notice that the College prohibits knowingly making false statements or submitting false information during the grievance process, and that retaliation is prohibited.
• c. The Title IX Coordinator designates an investigator to investigate the allegations of sexual harassment.

2. Parties to an investigation can expect a prompt, thorough, and equitable investigation of complaints, including the opportunity for parties to ask questions, present witnesses and provide information regarding the allegations.

3. Parties and witnesses should cooperate in the investigation process to the extent required by law and this policy.

4. The standard of proof used in investigations is preponderance of evidence. It is the College’s responsibility to establish the standard of proof and gather evidence during investigations.

5. The College aims to bring all investigations to a resolution within thirty (30) business days from the date the Title IX Coordinator determines an investigation will commence.

• a. Limited extensions of timeframe for good cause are allowed, so long as written notice and the reason for the delay is provided to the parties. Good cause includes:

• i. The complexity and/or number of the allegations;
• ii. The severity and extent of the alleged misconduct;
• iii. The number of parties, witnesses, and other types of evidence involved;
• iv. The availability of the parties, witnesses, and evidence;
• v. A request by a party to delay an investigation;
• vi. The effect of a concurrent criminal investigation or proceeding;
• vii. Intervening holidays, College breaks, or other closures;
• viii. Good faith efforts to reach a resolution; or
• ix. Other unforeseen circumstances.

• b. Investigations typically include interviews with the Complainant, the Respondent, and any witnesses, and the objective evaluation of any physical, documentary, or other evidence as appropriate and available. The College will give the Complainant and the Respondent written notice of any interview, meeting, or hearing at which a party is invited or expected to participate.
• c. The Title IX Coordinator will inform the Complainant and Respondent at regular intervals of the status of its investigation.
• d. The College may remove a student or employee, pending the completion of an investigation and resolution, when the College performs an individualized safety and risk analysis and determines the person poses an immediate threat to the physical health or safety of any member(s) of the College community.

• i. A threat assessment team must recommend to the appropriate College official to implement or stay an emergency removal of a student or employee and the conditions and duration of such emergency removal.
• ii. In all cases in which an emergency removal is imposed, the student or employee shall be given notice and an opportunity to challenge the removal decision immediately following the removal by submitting a written appeal to the President.
• iii. Violation of an emergency removal under this Procedure is grounds for expulsion or termination.

e. The College may place an employee on paid administrative leave pending the completion of an investigation and resolution. An employee does not have a right to appeal a determination to place the employee on paid administrative leave pending the conclusion of the Title IX grievance procedure.

6. Interviews conducted as part of an investigation under this Procedure may be recorded by the College. Recordings not authorized by the College are prohibited.

7. The Complainant and Respondent have the right to be accompanied by an advisor of their choosing, who may be, but is not required to be, an attorney, during all stages of an investigation.

• a. A party may elect to change advisors during the process.
• b. All advisors are subject to the same rules:

• i. During the investigation, the advisor’s role is limited to providing advice, guidance, and support to the Complainant or Respondent. An advisor is not permitted to act as a participant or advocate during the investigative process.
• ii. Advisors are expected to maintain the privacy of the records shared with them.
• iii. Advisors are expected to refrain from interfering with investigations.
• iv. Any advisor who oversteps their role or interferes during an investigation process will be warned once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave. The Title IX Coordinator determines whether the advisor may return or should be replaced by a different advisor.

8. Prior to finalizing a report, the investigator provides all parties an equal opportunity to review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence upon which the College does not intend to rely.

a. The Complainant and Respondent may submit a written response to the evidence within ten days after receipt of the evidence.

• i. Responses must be submitted to the investigator via email, mail, or hand delivery by 5:00 p.m. eastern standard time on the date responses are due.
• ii. Responses may not exceed 10 double-spaced pages on 8.5×11 paper with one-inch margins and 12-point font.

b. The investigator considers any responses received from the parties and conducts any further investigation necessary or appropriate.

9. Following an investigation and at least 10 days prior to a grievance hearing, the investigator submits an investigative report to the parties that fairly summarizes relevant evidence. The report includes a summary of the allegations; a summary of the response; a summary of the investigative steps taken to verify the allegations and response; and a summary of the evidence relevant to a determination of responsibility. The Complainant and Respondent may submit a written response to the investigative report.

• a. Responses must be submitted to the investigator via email, mail, or hand delivery by 5:00 p.m. eastern standard time on the date responses are due.
• b. Responses may not exceed 10 double-spaced pages on 8.5×11 paper with one-inch margins and 12-point font.

At least 10 days after the issuance of an investigation report, the College must hold a live hearing in front of a decision-maker to determine responsibility of a Respondent. The decision-maker may not be the Title IX Coordinator or the investigator(s). A “live hearing” means either in person or virtually. The following hearing rules apply:

• A. All parties must be able to see and hear the questioning of parties and witnesses.
• B. Any party may request a virtual hearing. If requested, the College will provide a virtual hearing. A virtual hearing will use electronic means for the hearing, i.e., through a virtual meeting application, while not being physically present in the same room. The virtual hearing application will enable the decision-maker(s) and parties to simultaneously see and hear the party or witness.
• C. All parties have an equal opportunity to present witnesses, including fact and expert witnesses.
• D. The decision maker controls the hearing process and will guide the parties through the hearing to maintain order and civility. The decision maker will first receive evidence from the complainant and any witness he/she produces. After each witness finishes their testimony, the respondent, through his/her advisor, shall have the opportunity to cross-examine the witness, subject to limitations listed below. After all evidence from the complainant has been received, the respondent shall be afforded the same opportunity to present evidence. The procedure will be the same as above for cross-examination of the respondent and his/her witnesses. At the conclusion of all the evidence the decision maker will reach a determination as described in subsection E of this section.
• E. The parties’ advisors are permitted to cross-examine the parties and any witnesses. 1. The parties are prohibited from directly conducting cross-examination. Cross-examination must be conducted by a party’s advisor.

2. The decision-maker determines whether questions asked during crossexamination are relevant to the determination of responsibility. If the decision-maker disallows a question, they will explain the basis for their decision at the hearing. Parties and advisors may not challenge a decisionmaker’s relevancy determinations during the hearing.

3. Evidence or questions that inquire about the Complainant’s sexual predisposition or prior sexual history are prohibited (i.e. rape-shield protections) unless such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

4. To the extent permitted by law, the decision-maker may consider statements of persons not present at a hearing and/or not subject to cross-examination unless the statements are subject to exclusion under another provision in this Procedure. “Statements” include but are not limited to opinions and statements in police reports, medical records, court records, investigation notes, emails, written statements, text messages, social media postings, and the like.

5. Records with a legally recognized privilege, such as medical treatment records, may not be used unless the individual or entity who holds the privilege waives the privilege. Any waiver must be written and made in advance of a hearing.

6. If a party does not have an advisor, the College will provide an advisor at no cost to the party. The advisor may, or may not, be an attorney.

7. Other standard Rules of Evidence do not apply in grievance hearings under these Procedures.

• F. The College will provide either an audio recording, audiovisual recording, or transcript of the hearing to all parties.
• G. The decision-maker evaluates all relevant evidence and reaches a determination regarding responsibility. The decision-maker issues their final written determination to all parties within ten (10) days of the hearing. The final written determination includes a summary of the allegations; a description of the procedural steps taken by the College to investigate and reach a determination of responsibility; findings of fact supporting the determination; conclusions regarding the application of College policies to the facts; a statement of and rationale for the result as to each allegation, including a determination of responsibility; any disciplinary sanctions the College recommends or imposes; whether remedies designed to restore or preserve equal access to an education program or activity will be provided to the Complainant; and the College’s appeal procedures.
• H. The following sanctions may be imposed for those who have violated these Procedures:

1. Students
   1. Verbal or Written Warning
   2. Probation
   3. Administrative withdrawal from a course without refund
   4. Required Counseling
   5. No Contact Directive
   6. Suspension
   7. Recommendation of Expulsion
   8. Other consequences deemed appropriate
2. Employees
   1. Verbal or Written Warning
   2. Required Counseling
   3. Required training or Education
   4. Recommendation of Demotion
   5. Recommendation to Suspend with or without Pay
   6. Recommendation of Dismissal
   7. Other consequences deemed appropriate to the specific violation

If the decision-maker is required to make a recommendation for student expulsion or employee suspension, demotion or dismissal, such recommendation will be made to the appropriate College official after the time for appeal has expired. If the decision-maker recommends the Respondent be expelled, suspended, demoted, or dismissed, during the time in which either party has to appeal, the Respondent shall remain in their current status (allowed on campus, on emergency removal, or on paid administrative leave) unless otherwise determined by the decision-maker.

After the decision-maker submits their determination of responsibility to the Complainant and Respondent, all parties are given an equal opportunity to appeal the determination. Appeals may be based only on these grounds:

• A. Procedural irregularity that affected the outcome;
• B. New evidence that was not reasonably available at the time of the hearing that could affect the outcome; and/or
• C. The Title IX Coordinator, investigator, or decision-maker had a bias or conflict of interest that affected the outcome.

An appeal may be offered to the parties on additional bases, so long as the procedures and additional bases for appeal are equally available to all parties.

When a report, complaint, or any specific allegation within a complaint is administratively dismissed under this Procedure, the following requirements apply:

• The Complainant must be notified in writing of the dismissal and provided the reason(s) for the dismissal, along with the right to appeal the decision.
• If the Respondent has been notified of the allegations prior to dismissal, they must also be informed of the dismissal and their right to appeal.

Appeals must be submitted in writing within the timeframe and process outlined in this procedure. The College will notify both parties in writing of the outcome of any appeal and the rationale for the decision.

Parties must submit any appeal to the President of the College by 5:00 p.m. eastern standard time via email or mail, within ten (10) days of receiving the dismissal or the decision-maker’s written determination of responsibility. Appeals may not exceed ten (10) double-spaced pages on 8.5×11 paper with one-inch margins and 12-point font.

The College notifies all parties when an appeal is filed and provides all parties a copy of the appeal and a chance to submit a written statement supporting or challenging the outcome. Parties must submit written statements supporting or challenging the outcome to the President of the College by 5:00 p.m. eastern standard time via email or mail, within two (2) days of receiving a copy of an appeal.

The President shall conduct a review of the record, including the appeal(s) received, any written statements supporting or challenging the outcome, the investigation report, the decision-maker’s written determination of responsibility, and any accompanying evidence prior to issuing a written decision to the Complainant and Respondent that describes the result of the appeal and the rationale for the result.

The President’s written decision is final.

It is a violation of this Policy for anyone to retaliate against an individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.

Retaliation is a violation of College policy regardless of whether the underlying allegations are ultimately found to have merit. Reports of retaliation are treated separately from reports or complaints of sexual harassment.

Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials or who knowingly misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action, including but not limited to expulsion or employment termination. The College recognizes a determination regarding responsibility alone is not sufficient to conclude a false report or complaint was made.

The College community encourages the reporting of misconduct and crimes. Sometimes, complainants or witnesses are hesitant to report to College officials or participate in resolution processes because they fear they themselves may be accused of various policy violations. It is in the best interest of this College that as many complainants as possible choose to report to College officials and that witnesses come forward to share what they know. To encourage reporting, the College offers sexual harassment complainants and witnesses amnesty from minor policy violations.

A student’s personally identifiable information found in a student’s education records will be shared only with 1) College employees who need to know to assist with the College’s response to sexual harassment and 2) parties involved in the Title IX grievance process who are legally entitled to evidence obtained during a Title IX investigation.

A student’s personally identifiable information found in a student’s education records will not be disclosed to third parties unaffiliated with the College unless:

• A. The student gives consent;
• B. The College must respond to a lawfully issued subpoena or court order; or
• C. The College is otherwise required by law to disclose.

In cases of emergency or serious misconduct, the College reserves the right to suspend this process and may enact appropriate action for the welfare and safety of the College community.

The Title IX Coordinator, investigators, decision-makers, and those involved in any informal resolution process shall receive annual trainings on topics including:

• A. The definition of sexual harassment for Title IX purposes;
• B. The scope of the College’s education programs and activities under Title IX;
• C. How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes;
• D. How to serve impartially, including avoiding prejudgment of facts at issue, conflicts of interest, and bias;
• E. Technology to be used at live hearings;
• F. Issues of relevance of questions and evidence, including rape-shield limitations; and
• G. Issues of relevance to create an investigative report that fairly summarizes relevant evidence.

All training materials are posted on the College’s website.

All new students and all employees shall be required to participate in a primary prevention and awareness program that promotes awareness of sexual harassment. This program will be held annually at the beginning of each fall semester.

At this annual training, students and employees must receive training in the following areas:

• A. Information about safe and positive options for bystander intervention skills;
• B. What “consent” means with reference to sexual activities;
• C. Risk reduction programs so students recognize and can avoid abusive behaviors or potential attacks;
• D. How and to whom to report an incident regarding discrimination, harassment and sex-based violence;
• E. The importance of preserving physical evidence in a sex-based violent crime; and
• F. Options about the involvement of law enforcement and campus authorities, including the alleged victim’s option to: i) notify law enforcement; ii) be assisted by campus authorities in notifying law enforcement; iii) decline to notify law enforcement; and iv) obtain “no-contact” or restraining orders.

Each year, all students and employees will receive an electronic copy of these Procedures sent to their College email address of record. These Procedures will be maintained online in the College’s website and a hard copy will be kept on file (in English and Spanish) in the Title IX Coordinator’s office. Other translations will be made available upon request.

The College maintains all records of Title IX proceedings and all materials used to train Title IX personnel for seven years.

Adopted:

Legal Reference: Title IX of the Education Amendments Act of 1972, as amended, 20 U.S.C. 1681 et seq. and its implementing regulations; U.S. Department of Education, Office for Civil Rights, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (85 Fed. Reg. 30026, May 19, 2020)