Procedures for Reporting a Sexual Harassment/Sexual Violence Incident
A first step for any complainant or third party witness may be choosing how to proceed following an incident of Sexual Harassment, Sexual Violence, Sexual Exploitation, Domestic Violence, Stalking and/or Dating Violence. The College recognizes that deciding whether to make a report and choosing how to proceed can be difficult decisions. The College encourages any individual who has questions or concerns to seek the support of campus and community resources listed in the appendix of this policy.
The College is committed to treating all members of the community with dignity, care, and respect. Any individual affected by Sexual Harassment, Sexual Violence, Sexual Exploitation, Stalking, Domestic Violence or Dating Violence, whether as a complainant, a respondent, or a third party, will have equal access to support consistent with their needs and available College resources.
The College encourages complainants to pursue criminal action for incidents of Sexual Harassment, Sexual Violence, Sexual Exploitation Stalking, Domestic Violence and Dating Violence that may also be crimes under state criminal statutes. The College will assist a complainant, at the complainant’s request, in contacting local law enforcement and will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process.
Further, while a criminal investigation is initiated at the request of the complainant or at the discretion of law enforcement authorities, a Title IX investigation is not discretionary; a school has a duty under Title IX to resolve complaints promptly and equitably and to provide a safe and nondiscriminatory environment for all students, free from sexual harassment and sexual violence. Because the standards for pursuing and completing criminal investigations are different from those used for Title IX investigations, the termination of a criminal investigation without an arrest or conviction does not affect the school’s Title IX obligations.
Of course, criminal investigations conducted by local or campus law enforcement may be useful for fact gathering if the criminal investigation occurs within the recommended timeframe for Title IX investigations; but, even if a criminal investigation is ongoing, a school must still conduct its own Title IX investigation.
Confidential Reporting Resources
Confidentiality means that information shared by an individual with designated campus or community professionals cannot be revealed to any other individual without express permission of the individual. These “confidential resources” include medical providers, mental health providers, ordained clergy, and rape crisis counselors, all of whom have privileged confidentiality that has been recognized by the law. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others, or the conduct involves suspected abuse of a minor under the age of 18.
Privacy and Release of Information
The privacy of the parties will be respected and safeguarded at all times. If a report of misconduct discloses a serious and immediate threat to the campus community, the College will issue a timely notification to the community to protect the health or safety of the community. The College may also share non-identifying information about reports received in aggregate form, including data about outcomes and sanctions. At no time will the College release the name of the complainant to the general public without the express consent of the complainant or as otherwise permitted or required by law.
Complaint Procedure for Sexual Harassment
The Title IX Coordinator will meet within five (5) days after a complaint is filed with the complainant to discuss options, resources available, and conduct an initial assessment of the incident or behavior at issue. This assessment based on the complainant’s desired course of action, and the necessity for any interim remedies or accommodations to protect the safety of the complainant or the community, will determine Title IX Coordinator’s immediate course of action which may include contacting appropriate officials of the College to address specific needs and issues.
After the initial assessment the Title IX Coordinator shall conduct an interview with the complainant for the purpose of determining the complaint/type of alleged harassment, the facts pertaining to time, date, and the name of the alleged perpetrator. Complainants will be informed that in severe instances such as sexual assault, the College is obligated by law to pursue a formal investigation.
If the alleged harassment is not sexual assault and instead is a lesser form of sexual harassment, the Coordinator shall offer the complainant two methods for addressing the complaint- one informal and the other formal. The Title IX Coordinator will also explore with the complainant the resolution the complainant is seeking.
Informal Procedure
The informal procedure shall consist of the Title IX Coordinator working with the complainant to seek a quick and satisfactory resolution with emphasis on advising, problem solving, and actions to get the harasser (respondent) to stop the offensive behavior. Every effort will be made through conversation, investigation, reports from witnesses and mediation to provide an opportunity for prompt resolution of the complaint via interaction with the complainant and the respondent. The Title IX Coordinator will maintain a written log of all conversations and investigative information. The complainant may request to end the informal process at any time or in the event that no resolution is achieved the complainant has the right to request a formal investigation.
Formal Procedure
The formal procedure is implemented within five (5) days upon receipt of a written statement submitted to the Title IX Coordinator by a complainant. The coordinator will contact the complainant and set up an interview with the intent of clarifying the identification of the alleged harasser(s) and the actions complained of, including relevant background facts and circumstances, and names of witnesses.
The Title IX Coordinator will provide prompt notification to the respondent(s) of the Formal Complaint or notice of allegations through certified or express mail, electronic mail or hand delivery. The notification to the Respondent(s) will include a copy of the Formal Complaint, or, in College-Initiated Investigations, a statement of allegations, and a copy of any relevant College Policy and Procedures.
College Initiated Investigation
In a College-Initiated Investigation, a Respondent will be provided with written notice of the allegations forming the basis of the College-Initiated Investigation. A complainant who may have been subject to sexual harassment that forms the basis of a College-Initiated Investigation shall 1) be provided with written notice that the College has commenced a College-Initiated Investigation; 2) upon request, be afforded an opportunity to meet with the Title IX Coordinator; 3) be provided with written notice of the determination of whether a violation of College policy occurred and any sanction or remedial measures imposed in connection with the violation; and 4) be afforded the right to appeal such determination, sanctions or remedial measures in accordance with stated procedures.
Investigation of Formal Complaints
As soon as practicable, the Title IX Coordinator will interview the Complainant. Within three (3) days following the completion of his or her interview with the Complainant, the Title IX Coordinator will notify the appropriate Vice President in writing as to whether or not the allegations set forth in the Complaint, if substantiated, would constitute a violation of College policy. If the Title IX Coordinator’s notification indicates that such allegations, if substantiated, would not constitute a violation of College policy, the appropriate Vice President may dismiss the Complaint, and that decision shall be final. The Title IX Coordinator shall provide the Complainant and Respondent(s) with written notice of such dismissal.
In the event that the Title IX Coordinator’s notification indicates that the allegations set forth in the Complaint, if substantiated, would constitute a violation of College policy, or if the appropriate Vice President determines that the matter should be investigated, the Title IX Coordinator will conduct a thorough fact-finding investigation and will meet separately with both the Complainant and the Respondent(s), interview pertinent witnesses and review relevant documents regarding the Formal Complaint. The Title IX Coordinator may consider all relevant information, including evidence of pattern or prior misconduct by the Respondent, credibility of the parties and witnesses, and in very limited circumstances, the prior sexual history of the Complainant with the Respondent. Both parties will be provided the opportunity to provide information and names of witnesses to the Title IX Coordinator.
The investigation shall be completed within thirty (30) days following the assignment of the Formal Complaint to the Title IX Coordinator, unless an extension of time is approved by the appropriate Vice President.
Within five (5) days following the conclusion of the investigation, the Title IX Coordinator will prepare and deliver a report to the appropriate Vice President. The report will include a finding based upon a preponderance of the evidence that 1) the allegations cannot be substantiated, 2) some or all of the allegations are substantiated or 3) the Formal Complaint was knowingly false or malicious. No violation of College policy will be presumed unless a preponderance of the evidence standard supports the finding of a violation. This preponderance of the evidence standard requires that the facts and information supporting each finding are more convincing than the facts and information offered in opposition to such finding. The report will include the basis upon which the Title IX Coordinator reached his or her conclusions. The report will also include the Title IX Coordinator’s determination of whether a violation of any College policy has occurred and a recommendation of the sanctions to be imposed, if any.
Determination
Within ten (10) days of receipt of the Title IX Coordinator’s report, the appropriate Vice President will convene a meeting with and seek advice from a review panel comprised of the Director of Human Resources, the Title IX Coordinator, and if a student is either the complainant or respondent, the Dean of Students. Prior to the meeting, members of the panel shall be furnished with a copy of the Title IX Coordinator’s report and copies of any Complaint or response of the parties. At the meeting, the panel will be afforded the opportunity to ask questions of the Title IX Coordinator. Upon request, the Complainant and the Respondent will be afforded an opportunity to meet with the appropriate Vice President and the panel.
Within five (5) days following the meeting with the panel the appropriate Vice President shall make a written determination whether a violation of College policy has occurred.
In the event the charge of discrimination and/or harassment is not substantiated following the written determination of the appropriate Vice President, reasonable efforts may be taken to restore the Respondent(s) to their prior status.
Sanctions and Remedial Measures
Sanctions will be determined by the appropriate Vice President in consultation with the Director of Human Resources. In the case of a student or recognized student organization, sanctions will be determined and imposed by the Vice President for Academic and Student Affairs in consultation with the Associate Vice President for Student Affairs.
The appropriate Vice President will send the Complainant and the Respondent the written determination and final outcome of the matter, including sanctions, if any, by certified or express mail, electronic mail or hand delivery. The determination will include the rationale, a description of the parties’ appeal rights, and any changes in the outcome before it becomes final. The appropriate Vice President is responsible for imposing the sanction.
Sanctions will be decided on a case-by-case basis and will be in accordance with College policy. Possible sanctions for employees include, but are not limited to, the following: a letter of reprimand, suspension or leave of absence without pay, reassignment of teaching or other responsibilities, denial of a pay increase, demotion, probation or termination. Sanctions for students are listed in the Code of Student Rights and Responsibilities, may include without limitation verbal or written warnings, restrictions, probation, probated suspension, suspension or dismissal.
Remedial measures for students, faculty and staff will be decided on a case-by-case basis. Such measures may include providing an escort to ensure safe movement on campus; ensuring that the Complainant and Respondent do not share classes or extracurricular activities; reassignment within the residence hall; tutoring or other academic support; arranging for extra time to complete or re-take a class or withdraw from a class without academic or financial penalty; job reassignment; targeted training for a group of students, faculty or staff; and other remedies that can be tailored to the needs of the parties.
Appeal
Either party may request a review of the findings or recommendations/sanctions of the appropriate Vice President by submitting a written request to the President. The individual sanctioned for harassment will be afforded a reasonable opportunity to meet with the President to present any defense against the charge and/or against the severity of the sanction imposed. The President will make the final determination and will distribute the written response to all relevant parties.