IV. Formal Resolution

A. General Obligations to the Parties

The College will meet the following basic obligations throughout the process:

treat Complainants and Respondents equitably;
objectively evaluate all relevant evidence;
ensure that the Title IX Coordinator, Investigators and Decision Makers are appropriately trained, are not biased and do not have conflicts of interest;
follow reasonably prompt timelines for conclusion of the process and provide reasons for delay;
not presume a Respondent is responsible until and unless such a determination is made at the conclusion of the process;
provide all required notices of meetings and hearings;
provide opportunities for Parties to review and respond to relevant evidence, both favorable and unfavorable;
ensure that credibility determinations are not be based on a person’s status as a Complainant, Respondent, or Witness;
provide Parties with the opportunity to be accompanied to any meetings or hearings by an Advisor of their choice;
provide Parties with the opportunity to present Witnesses, as well as other evidence;
not restrict the parties from speaking about the case for their own emotional support and to prepare their case;
assume the burden of gathering evidence and of proof (rather than such burdens resting with the parties); and
comply with all applicable confidentiality and privacy laws and regulations.

B. Investigation

The Investigator will initiate the investigation. During the Investigation, the Investigator will:

interview the parties after they have received appropriate notice with sufficient time to prepare;
allow the parties to have their Advisor at all meetings;
allow parties to identify Witnesses, including Expert Witnesses and submit inculpatory and exculpatory evidence;
interview Witnesses and conduct such other fact-gathering activities (site visits, review of documents, etc.);
consider evidence that is relevant and directly related to the allegations in the Formal Complaint; and
at the Investigator’s discretion, comment on the credibility of any party, witness, or evidence in the Investigative Report.

No medical records of any party will be accessed or reviewed without the voluntary, written consent of that party. No information that is protected under a legally recognized privilege will be required, allowed, or relied upon unless the privilege is waived by the person holding the privilege.

Prior to completing the Investigative Report, the College will send to each party and their advisor, if any, in electronic format, any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence the Investigator does not consider relevant and including inculpatory and exculpatory evidence obtained for any source. The parties will have ten (10) calendar days from the date the evidence is made available to submit a written response to the Investigator, which the Investigator will consider prior to completing the Investigative Report.

At least ten (10) calendar days prior to the hearing described in Section IV.C below, the Investigator will issue the Investigative Report to the parties and their advisors, if any, and the Title IX Coordinator. Typically, the Investigative Report will be issued within forty-five (45) days after the Investigator initiates the investigation. The Investigative Report will include with it all evidence the Investigator considers to be relevant to the Formal Complaint, and which will be provided to the Hearing Officer for purposes of the hearing. At least five (5) calendar days prior to the hearing, the parties may provide a written response to the Investigative Report to the Title IX Coordinator for inclusion in the information to be considered at the hearing.

C. Hearing

Following the issuance of the Investigative Report, and upon notice to all parties and their advisors a live hearing will be held. The notice of the hearing will identify the Hearing Officer, who will preside over the hearing, and the other Decision Makers, who, if the Hearing Officer determines the Respondent is responsible, will determine any sanctions and remedies. Typically, the sanctioning Decision Makers will not attend the hearing and will review the record and take up the matter only if the Hearing Officer determines the Respondent is responsible. The live hearing is typically held within fifteen (15) calendar days from the issuance of the Investigative Report.
At the request of a party or at the College’s discretion, this hearing may be held virtually, with the parties in separate rooms, using a platform that allows participants to simultaneously see and hear each other. In all instances the live hearing will be audio-recorded; the recording will be available to the parties for inspection and review.
The Hearing Officer will preside over the hearing. The parties’ advisors, but not the parties themselves, will be permitted to ask the opposing party and any other witnesses in the matter all relevant questions, including those challenging credibility. Advisors will not be permitted to make opening or closing statements, but parties may, if they wish. Such statements will be directed to the Hearing Officer and not the opposing party. The Hearing Officer will establish rules of decorum and a hearing guide that advisors and parties must follow, and which will be communicated with the notice of the hearing. If a party does not have an advisor at the hearing, the College will provide an advisor, who need not be an attorney, to that party at no cost, for purposes of conducting cross-examination.
The Hearing Officer will make determinations in real time regarding the relevance of questions posed by advisors and will explain any decisions to exclude evidence. The formal rules of evidence will not apply. Advisors may object to questions posed by the other party’s advisor on the grounds of relevance only.
Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless offered to prove someone other than the Respondent committed the alleged conduct or concern specific incidents of the Complainant’s prior sexual behavior with the Respondent and are offered to prove consent.
All evidence gathered in the investigation that is directly related to the allegations raised in the Formal Complaint, and which the Investigator provided to the parties prior to the hearing, will be available at the hearing for purposes of reference and cross-examination.
Following objective consideration of all the relevant evidence, the Hearing Officer will determine whether, based on a preponderance of the evidence, the Respondent is responsible for the alleged Sexual Harassment. If the Hearing Officer determines the Respondent is responsible, the other Decision Makers will then determine an appropriate sanction and remedies. The Final Outcome Letter is then issued simultaneously to both parties, typically within seven (7) calendar days from the date of the hearing.

D. Parties Agree to Pursue Alternative Resolution

At any time prior to the beginning of the Hearing, if agreed to in writing by both parties, the parties may transition the matter to an Alternative Resolution except that Alternative Resolution is not permitted in cases involving allegations that an Employee sexually harassed a Student.

E. Potential Remedies and Sanctions

In all cases, the Decision Makers (as defined above) may impose other appropriate sanctions in addition to, or instead of, the following sanctions. Additionally, the College will provide remedies to ensure that the Complainant has equal access to the College’s Education Program and Activities.

Potential Remedies

Remedies may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus and other similar measures. Unlike Supportive Measures, these remedies may be disciplinary and punitive in nature.

Potential Sanctions in Matters Involving Student Respondents

The following information applies to potential sanctions and remedies that may apply to Student Respondents who are found responsible for violations of this policy. For Student Respondents, sanctions may include, but are not limited to: on notice; restrictions on contact that apply to one or more parties; disciplinary probation; suspension; permanent dismissal; and/or loss of College privileges. More information, including a description of sanctions, regarding the following may also be found in the Student Code of Community Standards.

Potential Sanctions in Matters Involving Employment Respondents

For Employee Respondents, who are found responsible for violations of this policy, sanctions may include, but are not limited to trainings, counseling, verbal or written warnings, restrictions on contact that apply to one or more parties; probation, demotion, suspension with or without pay, job in jeopardy action, forfeiture of pay increase, loss of privileges, loss of supervisory responsibilities, or immediate termination of employment.

Effective Date of Sanction

The effective date of a sanction will be set forth in the Final Outcome Letter, but sanctions are not in effect during the pendency of any appeal.