Principles for Title IX Grievance Procedures

  1. Respondent shall be presumed not responsible for the alleged conduct unless or until a determination of responsibility is reached after completion of the grievance and disciplinary processes.
  2. Before imposing discipline, the College is responsible for gathering and presenting evidence to a neutral and unbiased decision maker establishing responsibility for a Title IX violation by a preponderance of the evidence.
  3. The College shall provide the Complainant with remedies against the Respondent who has been found responsible for Sexual Harassment through application of the institution’s Title IX grievance process and applicable Title IX disciplinary procedures. The College shall also provide the Respondent with Title IX procedural safeguards contained in this Title IX Grievance Procedures and in the applicable Title IX disciplinary procedures e.g. support measures. All parties will be treated equitably.
  4. The investigator shall base investigation results on all relevant evidence, including both exculpatory and inculpatory evidence.
  5. Formal and informal resolutions will be pursued with reasonable prompt timeframes with allowances for temporary delays and extensions for good cause shown. Grounds for temporary delay include, but are not limited to: federal/institutional holidays and breaks; cooperation with a separate legal process; reasonable requests from a party; delay in obtaining evidence as applicable; multiple Complainant(s) and/or Respondent(s) and coordination of the process. Good cause supporting a request for an extension includes, but is not limited to: a party, a party’s advisor, or a witness being unavailable, concurrent law enforcement activity, and the need for language assistance or accommodation of disabilities. Both parties will receive written notice of any temporary delay or explanation of why the action was necessary.
  6. A Respondent found responsible for engaging in sexual harassment may receive discipline up to and including dismissal from the College. A description of other possible disciplinary sanction and conditions that may be imposed against students can be found in the Student Handbook.

An employee found responsible for sexual harassment may receive discipline up to and including dismissal from employment. A description of possible disciplinary sanctions and conditions that may be applied can be found in the College’s Policy 300.07 Employee Disciplinary Action and policy 300.11 Formal Steps for Termination of Employment.

  1. In proceedings against a student Respondent, the parties may appeal the Student Code of Conduct Ruling to the Provost & Chief Academic Officer pursuant to the Student Handbook.

In proceedings against an employee Respondent, the parties may appeal the Employee Disciplinary Decision to the President pursuant to Title IX Employee Disciplinary Procedures and the College’s Policy 300.07 Employee Disciplinary Action and 300.15 Conflict Resolution Policy.

  1. Title IX Administrators may not require, allow, rely upon, or otherwise use questions or evidence that seeks disclosure of privileges communication, unless the privilege has been effectively waived by the holder. This provision applies, but is not limited to information subject to the following:
    1. Spousal/domestic partner privilege;
    2. Attorney-Client and attorney work product privileges;
    3. Privileges applicable to members of the clergy and priests;
    4. Privileges applicable to sexual assault and domestic violence advocates;