Procedures Under the Nondiscrimination, Discriminatory Harassment or Sexual Misconduct Policies (Effective through August 13, 2020)

Office & Department Directory
Title IX
Procedures Under the Nondiscrimination, Discriminatory Harassment or Sexual Misconduct Policies (Effective through August 13, 2020)

Complaints will be investigated and adjudicated under the procedures in place at the
time the investigation begins.

Discriminatory Harassment and Misconduct based on Gender
For concerns about sexual misconduct and/or discrimination or harassment related to gender, sexual orientation, gender identity and gender expression, please see section I.

Discriminatory Harassment based on Identity other than Gender:
For concerns about discrimination or harassment related to any other category protected by law, regulation or policy (such as race, color, predisposing genetic characteristics, religion, age, disability, marital status, veteran’s status, or national or ethnic origin) please see section II.

Table of Contents

I. Sexual Misconduct and Discrimination or Harassment Related to Gender, Sexual Orientation, Gender Identity and/or Gender Expression

    A. Complaints by Students
            1. Both complainant and respondent are students…Page 3
            2. Complaint by a student, respondent is an employee…Page 5
            3. Complaint by a student, respondent is not a member of the University
                community…Page 8
            4. Review Board…Page 12

   B. Complaints by Employees
             1.   Complaint by employee, accused is a student…Page 12
             2.   Complaint by employee, accused is an employee…Page 14
             3.   Complaint by employee, accused is not a member of the University
                   community...Page 16

C. Complaints by Non-Members of the University Community…Page 17

II. Discrimination Other Than Sexual Misconduct

    A. Complaints by Students…Page 18
      B. Complaints by Employees…Page 19
      C. Complaints by Non-Members of the University Community…Page 21

III. General Provisions…Page 22

      A.  Rights of the Complainant in Sexual Misconduct Cases
      B.  Rights of the Accused in Sexual Misconduct Cases
      C.  Interim Suspensions
      D.  Sanctions
      E.  Transcript
      F.  Multiple complainants and/or Accused
      G. Time Limits
      H. Recordkeeping
      I.  Cooperation
      J.  Interpretation/Other Issues
      K. Designation of Authority and University Counsel

IV. Definitions…Page 26

I. Sexual Misconduct and Discrimination or Harassment Related to Gender, Sexual Orientation, Gender Identity and/or Gender Expression Procedures

A. Student Cases

1. Both the Complainant/Alleged Victim and Respondent Are Students
Adjudicated by the Sexual Misconduct, Domestic Violence, Dating Violence and Stalking Review
Board (RB)

Where both the Complainant and Respondent are students and the case involves Sexual Misconduct and/or discrimination or harassment related to gender, sexual orientation, gender identity and/or gender expression, the following procedures will apply.

Initially, the University will discuss options with the Complainant, explaining an Informal Resolution or Formal Investigation. At any time prior to a determination by the Sexual Misconduct, Domestic Violence, Dating Violence and Stalking Review Board (“RB”), the Associate Dean of Student Life and/or Title IX Coordinator may explore Informal Resolution provided the Complainant, the Respondent and the University agree. (Mediation as a form of informal resolution is not available in cases of sexual assault or violence.) Informal Resolution efforts can be discontinued by either party or the University at any time. If the Formal Investigation is selected or designated, the Title IX Coordinator will assign one or more investigators to investigate allegations. (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.) Investigations will begin promptly upon notice to the Title IX Coordinator of a complaint. Investigations will normally be completed within 30 calendar days after the receipt of the complaint, and the investigators will keep the Title IX Coordinator apprised of their progress. Certain factors such as but not limited to the complexity of the matter, the number of witnesses involved, academic break periods, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be so advised.

In appropriate cases, the Associate Dean of Student Life or Title IX Coordinator may secure interim relief for a party during the period of the investigation and review. Such relief may include no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; as well as safe walks and escorts, and other relief as appropriate. Parties directly affected by interim relief may request, in writing submitted to the Title IX Coordinator, a review of the need for and terms of that relief, and may submit evidence in support of that request.

Whether sexual activity or contact occurred without mutual consent and/or whether a violation otherwise occurred, is to be determined through the investigation process. Respondents have a right to a presumption that the respondent is ‘not responsible’ until a finding of responsibility is made pursuant to this process. The burden is on the University to gather sufficient evidence to reach a fair and impartial decision, not on the Complainant, who may participate at the level to which he or she is comfortable. Through the process, adjudicators will review available evidence to make a determination, to the best of their ability, whether it is more likely than not that a policy violation occurred. Individuals who are alleged to have initiated sexual activity or contact without the consent of another party, or otherwise is engaged in prohibited conduct, may not use as a defense that they themselves were under the influence of drugs and/or alcohol at the time they committed the alleged violation.

The investigation will be fair and impartial and will usually involve interviews of witnesses and review of relevant documentation and other information. The complainant and the respondent will be given an equal opportunity to separately present information in the context of the investigation and may request the interview of specific witnesses. The investigator(s) retain(s) discretion to determine how to conduct the investigation and what information is necessary and relevant, subject to the direction of the Title IX Coordinator. Either party may use an advisor, who may attend with the student any meeting or interview the student is required or eligible to attend. The advisor’s role is to consult with and support the party and the advisor may not do so in any way which disrupts or distracts from the investigation. The advisor is not permitted to speak or otherwise make any direct statements to the investigator(s) (or others) during meetings with the investigator(s) (or with others). If the complainant or the party charged wishes to provide information, s/he must speak on his or her own behalf and not through their advisor. An advisor who does not abide by this role may be precluded from further participation in investigatory meetings. The advisor must be a non-lawyer, active member of the University community, except in cases of sexual misconduct. To avoid actual or potential conflicts of interest, community members involved with the implementation of these procedures (e.g. RB members, investigators, etc.) are not eligible to serve as advisors, even if not assigned to that case.

Upon completion of the investigation, the investigator(s) shall submit a written report of the investigation to the RB and the Title IX Coordinator. The report should contain a review of the information uncovered in the investigation and the investigator(s)’ assessment of witnesses (as relevant). Notice that the report has been submitted will be provided to the parties, who may submit a written request to the Title IX Coordinator to be received within 48 hours of that notice, to review, on campus or in person at a reasonable location to be determined by the Title IX Coordinator, the report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law). The requesting party will be provided with a 7 calendar-day period during which access will be provided to the party (access is limited to the individual party, who may not photocopy or photograph the information provided). This 7 calendar-day period may be extended through the Title IX Coordinator’s discretion, upon request or otherwise. The parties may also submit during this same 7 calendar-day period a final statement (including a personal impact statement) to be considered by the RB. A copy of that statement will be shared with the other party, who will have 48 hours to submit a written response to the Title IX Coordinator.

The RB will review the investigation report and any timely received statements submitted by the parties as soon as practicable after receipt of all case materials, completing that review as expeditiously as possible. The RB may speak directly with the investigator(s) as part of its review, with any party or witness, or may request that the investigator(s) provide and/or obtain additional information. If the RB decides to speak directly with either party, that party’s advisor may be present (and the advisor’s role and participation shall be limited as described above). The RB will submit its written decision, including findings of fact and rationale with respect to responsibility, and sanctions if applicable, to the Title IX Coordinator, who will provide a copy to each party. The RB will make its decision based on a preponderance of the evidence standard. The RB may consider a student’s entire record, including without limitation past findings of responsibility in Sexual Misconduct, and other cases in determining an appropriate sanction.

The investigation and determination by the RB will be completed as expeditiously as possible. The parties will be periodically advised by the Associate Dean of Student Life or the Title IX Coordinator about the status of proceedings before the RB.

Either party may submit, in their own words, a written appeal of the RB’s decision. (Unless expressly provided by the RB or the Title IX Coordinator, an appeal does not delay implementation of the RB’s decision.) An appeal must be submitted to the Title IX Coordinator within 7 calendar days of receipt of the RB determination and must identify all information a party wishes to have considered on appeal. Any appeal statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator. The appeal and any response will be considered by the Vice President and Dean of Academic Affairs, and the Vice President and Dean of Student Life. In the event the Vice Presidents cannot agree, the Title IX Coordinator will add a third member to the appeals panel.

Grounds for an appeal are limited to: significant procedural error, new evidence not reasonably available at the time a response to the investigators’ report could have been made, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found.

A decision responding to the written appeal will be issued to the parties and the Title IX Coordinator within a reasonable time. The appeal process does not rehear complaints but ensures that rights are protected, appropriate procedures are followed, and sanctions are reasonable.

Complainant is a Student and the Respondent is an Employee
Adjudicated by the Senior Staff Leader of the Respondent and a Senior Staff member

When the Complainant is a student and the Respondent is an employee, and the case involves Sexual Misconduct and/or discrimination or harassment related to gender, sexual orientation, gender identity and/or gender expression the following procedures will apply.

Initially, the University will discuss options with the student, explaining an Informal Resolution or Formal Investigation. At any time prior to a determination by the Sexual Misconduct, Domestic Violence, Dating Violence and Stalking Review Board (“RB”), the Associate Dean of Student Life and/or Title IX Coordinator may explore Informal Resolution provided the Complainant, the Respondent and the University agree. (Mediation as a form of informal resolution is not available in cases of sexual assault or violence or in cases where a student is complaining of conduct by an employee who is in a position of authority over that student.) In addition, Informal Resolution efforts can be discontinued by either party or the University at any time.

In appropriate cases, the Title IX Coordinator, the Associate Dean of Student Life, Associate Dean of Faculty Life, or Directors of Human Resources, as appropriate, may secure interim relief for a party during the period of the investigation and review. Such relief may include no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; as well as safe walks and escorts, and other relief as appropriate. Parties directly affected by interim relief may request, in writing submitted to the Title IX Coordinator, a review of the need for and terms of that relief, and may submit evidence in support of that request.

Investigations will normally be completed within 30 calendar days after the receipt of the complaint, and the investigators will keep the Title IX Coordinator apprised of their progress. Certain factors such as but not limited to the complexity of the matter, the number of witnesses involved, academic break periods, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be so advised.

Whether sexual activity or contact occurred without mutual consent and/or whether a violation otherwise occurred, is to be determined through the investigation process. Respondents have a right to a presumption that the respondent is ‘not responsible’ until a finding of responsibility is made pursuant to this process. The burden is on the University to gather sufficient evidence to reach a fair and impartial decision, not on the Complainant, who may participate at the level to which he or she is comfortable. Through the process, adjudicators will review available evidence to make a determination, to the best of their whether it is more likely than not that a policy violation occurred. Individuals who are alleged to have initiated sexual activity or contact without the consent of another party, or otherwise engaged in prohibited conduct, may not use as a defense that they themselves were under the influence of drugs and/or alcohol at the time they committed the alleged violation.

The investigation will be fair and impartial and will usually involve interviews of witnesses and review of relevant documentation and other information. The complainant and the respondent will be given an equal opportunity to separately present information in the context of the investigation and may request the interview of specific witnesses. The investigator(s) retain(s) discretion to determine how to conduct the investigation and what information is necessary and relevant, subject to the direction of the Title IX Coordinator. Either party may use an advisor, who may attend with the advisee any meeting or interview the advisee is required or eligible to attend. The advisor’s role is to consult with and support the party and the advisor may not do so in any way which disrupts or distracts from the investigation. The advisor is not permitted to speak or otherwise make any direct statements to the investigator(s) (or others) during meetings with the investigator(s) (or with others). If the complainant or the party charged wishes to provide information, s/he must speak on his or her own behalf and not through their advisor. An advisor who does not abide by this role may be precluded from further participation in investigatory meetings. The advisor must be a non-lawyer, active member of the University community, except in cases of sexual assault, domestic or dating violence or stalking. To avoid actual or potential conflicts of interest, community members involved with the implementation of these procedures (e.g. RB members, investigators, etc.) are not eligible to serve as advisors, even if not assigned to that case.

Upon completion of the investigation, the investigator(s) shall submit a written report of the investigation to the Title IX Coordinator, the Vice President or other Senior Staff member with oversight of the area in which the Respondent works and a Vice President or other Senior Staff member from another area, as designated by the Title IX Coordinator. The report should contain a review of the information uncovered in the investigation and the investigator(s)’ assessment of witnesses (as relevant). Notice that the report has been submitted will be provided to the parties, who may submit a written request to the Title IX Coordinator, to be received within 48 hours of that notice, to review, on campus, or in person at a reasonable location to be determined by the Title IX Coordinator, the report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law). The requesting party will be provided a 7 calendar-day period during which access will be provided to the party (access is limited to the party, who may not photocopy or photograph the information provided.) This 7 calendar-day period may be extended through the Title IX Coordinator’s discretion, upon request or otherwise. The parties may also submit during this same 7 calendar-day period a final statement (including a personal impact statement) to be considered by the Vice Presidents (or Senior Staff). A copy of that statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator.

At any point in the process involving a complaint against a tenured faculty member, which may involve termination as the possible sanction, the Title IX Coordinator may refer the matter for handling under the Faculty Handbook procedures on termination.

The Vice Presidents (or Senior Staff) will review the investigation report and any timely received statements submitted by the parties as soon as practicable after receipt of all case materials. The Vice Presidents (or Senior Staff) may speak directly with the investigator(s) as part of their review, with any party or witness, or may request that the investigator(s) provide and/or obtain additional information. If the Vice Presidents (or Senior Staff) decide to speak directly with either party, that party’s advisor may be present (and the advisor’s role and participation shall be limited as described above). The Vice Presidents (or Senior Staff) will submit their written decision, findings of fact and rationale with respect to responsibility, and sanctions if applicable, to the Title IX Coordinator, who will provide a copy to each party. The Vice Presidents (or Senior Staff) will make their decision based on a preponderance of the evidence standard. The Vice Presidents (or Senior Staff) may consider an employee’s entire record, including without limitation past findings of responsibility in Sexual Misconduct, and other cases in determining an appropriate sanction. In the event the Vice Presidents (or Senior Staff) cannot agree, the Title IX Coordinator may appoint a third person.

The investigation and determination by the Vice Presidents (or Senior Staff) will be completed as expeditiously as possible. The parties will be periodically advised by the Title IX Coordinator or designee about the status of proceedings.

Either party may submit, in their own words, a written appeal of the Vice Presidents’ (or Senior Staff’s) decision. (Unless expressly provided by the Vice Presidents’ (or Senior Staff’s) decision or by the Title IX Coordinator, an appeal does not delay implementation of the decision.) An appeal must be submitted to the Title IX Coordinator within seven calendar days of receipt of the determination and must identify all information a party wishes to have considered on appeal. Any appeal statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator. The appeal and any response will be considered by two Vice Presidents (or Senior Staff) appointed by the Title IX Coordinator. In the event they cannot agree, the Title IX Coordinator will add a third member to the appeals panel.

Grounds for an appeal are limited to: significant procedural error, new evidence not reasonably available at the time a response to investigators’ report could have been made, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found.

A decision responding to the written appeal will be issued within a reasonable time.. The appeal process does not rehear complaints but ensures that parties’ rights are protected, appropriate procedures are followed, and sanctions are reasonable.

Complainant Is a Student and the Respondent is Not an Active Member of the University Community
Adjudicated, if investigated, by the Vice President for Student Life

When the Respondent is a not a member of the University community, that person has no inherent rights of access to or membership in the University community. The Title IX Coordinator has discretion to implement a temporary or permanent no contact order and temporary or permanent ban from campus. The University also reserves the right to implement a temporary or permanent no contact order and/or temporary or permanent ban from campus under its access to University property policies and practices, entirely separate from this procedure and the Combined Discrimination and Harassment Policies.

The Respondent has the right to appeal these decisions after one year, and the appeal will be heard by the Vice President and Dean of Student Life.

The Title IX Coordinator also has the discretion to follow more routine procedures described below in cases involving Sexual Misconduct and/or discrimination or harassment related to gender, sexual orientation, gender identity and/or gender expression. The following procedures are optional for these kinds of cases in the Title IX Coordinator’s discretion.

At any time prior to a determination by the Sexual Misconduct, Domestic Violence, Dating Violence and Stalking Review Board (“RB”), the Associate Dean of Student Life and/or Title IX Coordinator may explore Informal Resolution provided the Complainant, the Respondent and the University agree. In addition, Informal Resolution efforts can be discontinued by either party or the University at any time. (Mediation as a form of informal resolution is not available in cases of sexual assault or violence.)

In appropriate cases, the Title IX Coordinator, the Associate Dean of Student Life, Associate Dean of Faculty Life, or Directors of Human Resources, as appropriate, may secure interim relief for a party during the period of the investigation and review. Such relief may include no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; as well as safe walks and escorts, and other relief as appropriate. Parties directly affected by interim relief may request, in writing submitted to Title IX Coordinator, a review of the need for and terms of that relief, and may submit evidence in support of that request.

If the Formal Investigation is designated, the Title IX Coordinator will appoint one or more investigators to investigate. (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.)

Investigations will begin promptly upon notice to the Title IX Coordinator of a complaint. Investigations will normally be completed within 30 calendar days after the receipt of the complaint, and the investigators will keep the Title IX Coordinator apprised of their progress. Certain factors such as but not limited to the complexity of the matter, the number of witnesses involved, academic break periods, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be so advised.

Whether sexual activity or contact occurred without mutual consent and/or whether a violation otherwise occurred, is to be determined through the investigation process. Respondents have a right to a presumption that the respondent is ‘not responsible’ until a finding of responsibility is made pursuant to this process. The burden is on the University to gather sufficient evidence to reach a fair and impartial decision, not on the Complainant, who may participate at the level to which he or she is comfortable. Through the process, adjudicators will review available evidence to make a determination, to the best of their ability, whether it is more likely than not that a policy violation occurred. Individuals who are alleged to have initiated sexual activity or contact without the consent of another party, or otherwise engaged in prohibited conduct, may not use as a defense that they themselves were under the influence of drugs and/or alcohol at the time they committed the alleged violation.

The investigation will be fair and impartial and will usually involve interviews of witnesses and review of relevant documentation and other information. The complainant and the respondent will be given an equal opportunity to separately present information in the context of the investigation and may request the interview of specific witnesses. The investigator(s) retain(s) discretion to determine how to conduct the investigation and what information is necessary and relevant, subject to the direction of the Title IX Coordinator. Either party may use an advisor, who may attend with the advisee any meeting or interview the advisee is required or eligible to attend. The advisor’s role is to consult with and support the party and the advisor may not do so in any way which disrupts or distracts from the investigation. The advisor is not permitted to speak or otherwise make any direct statements to the investigator(s) (or others) during meetings with the investigator(s) (or with others). If the complainant or the party charged wishes to provide information, s/he must speak on his or her own behalf and not through their advisor. An advisor who does not abide by this role may be precluded from further participation in investigatory meetings. The advisor must be a non-lawyer, active member of the University community, except in cases of sexual assault, domestic or dating violence or stalking. To avoid actual or potential conflicts of interest, community members involved with the implementation of these procedures (e.g. RB members, investigators, etc.) are not eligible to serve as advisors, even if not assigned to that case.

Upon completion of the investigation, the investigator(s) shall submit a written report of the investigation to the Title IX Coordinator and the Vice President and Dean of Student Life. The report should contain a review of the information uncovered in the investigation and the investigator(s)’ assessment of witnesses (as relevant). Notice that the report has been submitted will be provided to the parties, who may submit a written request to the Title IX Coordinator, to be received within 48 hours of that notice, to review, on campus, or in person at a reasonable location to be determined by the Title IX Coordinator, the report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law). The requesting party will be provided a 7 calendar-day period during which access will be provided to the party (access is limited to the party, who may not photocopy or photograph the information provided.) This 7 calendar-day period may be extended through the Title IX Coordinator’s discretion, upon request or otherwise. The parties may also submit during this same 7 calendar-day period a final statement (including a personal impact statement) to be considered by the Vice President and Dean of Student Life. A copy of that statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator.

The Vice President and Dean of Student Life will review the investigation report and any timely received statements submitted by the parties as soon as practicable after receipt of all case materials, completing that review as expeditiously as possible. The Vice President and Dean of Student Life may speak directly with the investigator(s) as part of their review, with any party or witness, or may request that the investigator(s) provide and/or obtain additional information. If the Vice President and Dean of Student Life decide to speak directly with either party, that party’s advisor may be present (and the advisor’s role and participation shall be limited as described above). The Vice President and Dean of Student Life will submit their written decision, findings of fact and rationale with respect to responsibility, and sanctions if applicable, to the Title IX Coordinator, who will provide a copy to each party. The Vice President and Dean of Student Life will make his/her decision based on a preponderance of the evidence standard. The Vice President and Dean of Student Life may consider a party’s entire record, including without limitation past findings of responsibility in Sexual Misconduct, and other cases in determining an appropriate sanction.

The investigation and determination by the Vice Presidents (or Senior Staff) will be completed as expeditiously as possible . The parties will be periodically advised by the Title IX Coordinator or designee about the status of proceedings.

Either party may submit, in their own words, a written appeal to the Title IX Coordinator within 10 calendar days of receipt of the Vice President’s decision. (Unless expressly provided by the Vice President or the Title IX Coordinator, an appeal does not delay implementation of the Vice President’s decision.) A copy of that appeal will be shared with the other party, who will have 48 hours to submit a response. The Title IX Coordinator will appoint two Vice Presidents (or Senior Staff) to hear the appeal. The only grounds for appeal are significant procedural error, newly discovered evidence not available at the time of the parties’ response to the investigator(s)’ report, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found. In the event the two Vice Presidents (or Senior Staff) cannot agree, the Title IX Coordinator will appoint a third person.

Qualifications and Appointment— Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking Review Board (RB)

The RB consists of up to fifteen non-student members of the St. Lawrence University community plus the Associate Dean of Student Life (or a designee appointed by the Associate Dean of Student Life), who must be trained annually in accordance with state and federal law before serving on any case. (Only those individuals who have undergone training directed by the Title IX Coordinator are eligible to serve as an RB member in any case.) Three members of the Board will serve as the RB for each case. The Vice President and Dean of Student Life, the Associate Dean of Student Life, and Title IX Coordinator collaborate in identifying faculty and staff members serving on the RB. The recommendations for faculty membership are forwarded to the Vice President and Dean of Academic Affairs and on to Faculty Council for approval. The role of the Associate Dean of Student Life is to assure that all administrative and procedural requirements are met, to collect information, and to perform other administrative duties and otherwise assist the Board as needed. The Associate Dean of Student Life attends meetings of the RB but is not a voting member of the Board.

B. Complaints By Employees

A member of the University community who is not a student (i.e., who is an employee) and who believes that s/he is experiencing or has experienced an incident of Sexual Misconduct, may contact any of the Responsible Administrators, although the employee is urged to report to the Director of Human Resources for Employee Relations, the Vice President (and/or Senior Staff) with supervision of the area of the person charged, or the Title IX Coordinator/Vice President for Community and Employee Relations.

1. Complainant is an Employee, Respondent is a Student
Adjudicated by the Review Board (RB)

Where the Complainant is an employee and the Respondent is a student, and the case involves Sexual Misconduct and/or discrimination or harassment related to gender, sexual orientation, gender identity and/or gender expression the following procedures will apply.

If a Formal Investigation is selected or designated, the Title IX Coordinator will assign one or more investigators to investigate the allegations. (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.)

In appropriate cases, the Title IX Coordinator, the Associate Dean of Student Life, Associate Dean of Faculty Life, or Directors of Human Resources, as appropriate, may secure interim relief for a party during the period of the investigation and review. Such relief may include no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; as well as safe walks and escorts, and other relief as appropriate. Parties directly affected by interim relief may request, in writing submitted to Title IX Coordinator, a review of the need for and terms of that relief, and may submit evidence in support of that request.

Whether sexual activity or contact occurred without consent and/or whether a violation otherwise occurred, is to be determined through the investigation process. Respondents have a right to a presumption that the respondent is ‘not responsible’ until a finding of responsibility is made pursuant to this process. This means that the burden of showing that a student had sexual activity or contact with another without affirmative consent as defined here is on the University, not on the respondent to prove a negative. The burden is on the University to gather sufficient evidence to reach a fair and impartial decision, not on the Complainant, who may participate at the level to which he or she is comfortable. Through the process, appropriate officials will listen to witnesses and review available evidence to make a determination, to the best of their ability, whether it is more likely than not that a policy violation occurred. Individuals who are alleged to have initiated sexual activity or contact without the consent of another party, or otherwise engaged in prohibited contact, may not use as a defense that they themselves were under the influence of drugs and/or alcohol at the time they committed the alleged violation.

Upon completion of the investigation, the investigator(s) shall submit a written report of the investigation to the Title IX Coordinator. The report should contain a review of the information uncovered in the investigation and the investigator(s)’ assessment of witnesses (as relevant). Notice that the report has been submitted will be provided to the parties, who may submit a written request to the Title IX Coordinator to be received within 48 hours of that notice, to the Title IX Coordinator, to review, on campus or in person at a reasonable location to be determined by the Title Coordinator, the report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law). The requesting party will be provided with a 7 calendar-day period during which access will be provided to the party (access is limited to the individual party, who may not photocopy or photograph the information provided). This 7 calendar-day period may be extended through the Title IX Coordinator’s discretion, upon request or otherwise. The parties may also submit during this same 7 calendar-day period a final statement (including a personal impact statement) to be considered by the RB. A copy of that statement will be shared with the other party, who will have 48 hours to submit a written response to the Title IX Coordinator.

The RB will review the investigation report and any timely received statements submitted by the parties as soon as practicable after receipt of the case materials, completing that review as expeditiously as possible. The RB may speak directly with the investigator(s) as part of its review, with any party or witness, or may request that the investigator(s) provide and/or obtain additional information. If the RB decides to speak directly with either party, that party’s advisor may be present (and the advisor’s role and participation shall be limited as described above). The RB will submit its written decision, findings of fact and rationale with respect to responsibility, and sanctions if applicable, to the Title IX Coordinator, who will provide a copy to each party. The RB will make its decision based on a preponderance of the evidence standard. The RB may consider a student’s entire record, including without limitation past findings of responsibility in Sexual Misconduct, and other cases in determining an appropriate sanction.

The investigation and determination by the RB will be completed as expeditiously as possible. The parties will be periodically advised by the Title IX Coordinator, Associate Dean of Student Life, or designee about the status of proceedings before the RB.

Either party may submit, in their own words, a written appeal of the RB’s decision. (Unless expressly provided by the Review Board or by the Title IX Coordinator, an appeal does not delay implementation of the RB’s decision.) An appeal must be submitted to the Title IX Coordinator within 7 calendar days of receipt of the RB determination and must identify all information a party wishes to have considered on appeal. Any appeal statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator. The appeal and any response will be considered by the Vice President and Dean of Academic Affairs, and the Vice President and Dean of Student Life. In the event the Vice Presidents cannot agree, the Title IX Coordinator will add a third member to the appeals panel.

A decision responding to the written appeal will be issued to the parties and the Title IX Coordinator as expeditiously as possible. The appeal process does not rehear complaints but ensures that rights are protected, appropriate procedures are followed, and sanctions are reasonable.

2. Complainant and Respondent are Employees
Adjudicated by the Senior Staff leader of the Respondent and a Second Senior Staff Member

When both the Complainant and the Respondent s are employees, and the case involves Sexual Misconduct and/or discrimination or harassment related to gender, sexual orientation, gender identity and/or gender expression the following procedures will apply.

Initially, the University will discuss options with the Complainant, explaining an Informal Resolution or Formal Investigation. At any time prior to a determination by the adjudicators, the Title IX Coordinator or designee may explore Informal Resolution provided the Complainant, the Respondent and the University agree. In addition, Informal Resolution efforts can be discontinued by either party or the University at any time. In appropriate instances, interim relief, including no-contact orders, may be provided through the Title IX Coordinator. Parties directly affected by interim relief may request, in writing submitted to Title IX Coordinator, a review of the need for and terms of that relief, and may submit evidence in support of that request.

If Formal Investigation is selected or designated, the Title IX Coordinator will appoint one or more investigators. (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.) Investigations will begin promptly upon notice to the Title IX Coordinator of a complaint. The investigatory process will be fair and impartial and allow each party to separately offer relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (on the same basis as set out above in Section I.B.1). The same general time periods set out above in Section I.B.1will apply. Investigations will normally be completed within 30 calendar days after the receipt of the complaint, and the investigators will keep the Title IX Coordinator apprised of their progress. Certain factors such as but not limited to the complexity of the matter, the number of witnesses involved, academic break periods, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be so advised.

A written report of the investigation and the investigator(s)’ assessment of witnesses (as relevant) will be provided to the Title IX Coordinator, the Vice President (or Senior Staff) with oversight of the area in which the Respondent works and a Vice President (or Senior Staff) from another area, as designated by the Title IX Coordinator. The parties will be notified of the completion of the investigation and, upon submission of a written request to the Title IX Coordinator received within 48 hours of that notice, may review, on campus or in person at a reasonable location designated by the Title IX Coordinator, the investigation report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law). The requesting party will be provided with a 7 calendar-day period during which access will be provided to the party (access is limited to the individual party, who may not photocopy or photograph the information provided). This 7 calendar-day period may be extended in the Title IX Coordinator’s discretion, upon request or otherwise). The parties may also submit a final statement (including a personal impact statement) to be considered by the Vice Presidents (or Senior Staff) in that same 7 calendar-day period. A copy of that statement will be shared with the other party, who will have 48 hours to submit a response. The Vice Presidents (or Senior Staff) may speak directly with the investigator(s) as part of their review, with any party or witness, or may request that the investigator(s) provide or obtain additional information.

At any point in the process involving a complaint against a tenured faculty member for which sanction may involve termination, the Title IX Coordinator may refer the matter for handling under the Faculty Handbook procedures on termination.

The Vice Presidents (or Senior Staff) will provide a written determination to the parties, based on a preponderance of the evidence standard, with findings of fact and a rationale for their responsibility finding and sanctions, if any, as expeditiously as possible. In the event the Vice Presidents (or Senior Staff) are unable to agree, the Title IX Coordinator will appoint a third Vice President (or Senior Staff) to participate in the process.

Either party may submit, in their own words, a written appeal within 7 calendar days of that decision to the Title IX Coordinator who will appoint a Vice President (or Senior Staff) to hear the appeal. (Unless expressly provided by the Vice President’s or Senior Staff’s decision or the Title IX coordinator, an appeal does not delay implementation of the decision.) The only grounds for appeal are significant procedural error, newly discovered evidence not reasonably available at the time a response to the investigators’ report could have been provided, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found. Each party’s appeal statement, if any, will be shared with the other party, who will have 48 hours to submit a response.

A decision responding to the written appeal will be issued to the parties and the Title IX Coordinator within a reasonable time, as expeditiously as possible after receipt of the appeal. The appeal process does not rehear complaints but ensures that rights are protected, appropriate procedures are followed, and sanctions are reasonable.

3. Complainant is Employee and the Respondent is not an active member of the University Community
Adjudicated, if investigated, by the Senior Staff leader of the Complainant

When the Respondent is a not a member of the University community, that person has no inherent rights of access to or membership in the University community. The Title IX Coordinator, in consultation with the Assistant Vice President for Security, has discretion to implement a temporary or permanent no contact order and or temporary or permanent ban from campus.

The Respondent has the right to appeal these decisions after one year, and the appeal will be heard by the Senior Staff administrator overseeing the area of the Complainant.

At any time prior to a determination by the Adjudicators, Title IX Coordinator may explore Informal Resolution provided the Complainant, the Respondent and the University agree. (Mediation as a form of informal resolution is not available in cases of sexual assault or violence.) In addition, Informal Resolution efforts can be discontinued by either party or the University at any time.

In appropriate cases, the Title IX Coordinator or Directors of Human Resources may secure interim relief for a party during the period of the investigation and review. Such relief may include no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; as well as safe walks and escorts, and other relief as appropriate. Parties directly affected by interim relief may request, in writing submitted to Title IX Coordinator, a review of the need for and terms of that relief, and may submit evidence in support of that request.

If the Formal Investigation is selected or designated, the Title IX Coordinator will appoint one or more investigators to investigate. (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.) Investigations will normally be completed within 30 calendar after the receipt of the complaint, and the investigators will keep the Title IX Coordinator apprised of their progress. Certain factors such as but not limited to the complexity of the matter, the number of witnesses involved, academic break periods, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be so advised.

Any investigatory process conducted will be impartial and allow each party (if known) to offer separately relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (as described above) with any final determination to be made by the Vice President who supervises the complaining employee, pursuant to a preponderance of the evidence standard. Each party will be notified of the completion of the investigation and upon submission of a written request to the Title IX Coordinator received within 48 hours of the date of the notice of completion, to review, on campus, the investigation report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law). The requesting party will be provided a 7 calendar day period during which access will be provided to the party (access is limited to the party, who may not photocopy or photograph the information provided.) This 7 calendar day period may be extended through the Title IX Coordinator’s discretion, upon request or otherwise. The parties may also submit a final statement (including a personal impact statement) to be considered by the Vice President in that same 7 calendar day period. A copy of that statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator. A determination, with findings of fact and the rationale for a responsibility finding and, sanctions, if imposed, will be provided generally within 14 calendar days of all of the case materials.

Either party may submit, in their own words, a written appeal to the Title IX Coordinator within 10 calendar days of receipt of the Vice President’s decision. (Unless expressly provided by the Vice President, an appeal does not delay implementation of the Vice President’s decision.) A copy of that appeal will be shared with the other party, who will have 48 hours to submit a response. The Title IX Coordinator will appoint two disinterested Vice Presidents (or Senior Staff) to hear the appeal. The only grounds for appeal are significant procedural error, newly discovered evidence not available at the time of the parties’ response to the investigator(s)’ report, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found. In the event the two Vice Presidents (or Senior Staff) cannot agree, the Title IX Coordinator will appoint a third person.

C. Complaints By Non-Members of the Community

When a non-member of the University Community believes s/he is experiencing or has experienced Sexual Misconduct and cases of alleged discrimination or harassment related to gender, sexual orientation, gender identity or gender expression, related to a University program, s/he should report concerns to the Assistant Vice President for Security and Safety or the Title IX Coordinator. Where the report involves Sexual Misconduct allegedly perpetrated by a student, the student procedures, above (I.A.1), will apply. Where the report involves Sexual Misconduct allegedly perpetuated by an employee, the employee procedures, above (I.B.2), will apply.

In all other cases, the Assistant Vice President for Security and Safety and/or one or more other investigators (including external investigators) as designated by the Title IX Coordinator will conduct an investigation. Investigations will normally be completed within 30 calendar days after the receipt of the complaint, and the investigators will keep the Title IX Coordinator apprised of their progress. Certain factors such as but not limited to the complexity of the matter, the number of witnesses involved, academic break periods, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be so advised.

The findings of that investigation will be presented to a Vice President selected by the Title IX Coordinator for a final determination. Access to the investigation report and investigatory materials will be permitted to the extent required by law. The Vice President may speak directly with the investigator(s) as part of his/her review, with any party or witness, or may request that the investigator(s) provide or obtain additional information. Any final determination will be based on a preponderance of the evidence standard. In such cases, the Vice President will provide a written determination, with findings of fact and a brief rationale as to the responsibility determination and sanctions, if any, to each party, as expeditiously as possible

Either party may submit, in their own words, a written appeal to the Title IX Coordinator within 10 calendar days of receipt of the Vice President’s decision. (Unless expressly provided by the Vice President, an appeal does not delay implementation of the Vice President’s decision.) A copy of that appeal will be shared with the other party, who will have 48 hours to submit a response. The Title IX Coordinator will appoint two disinterested Vice Presidents (or Senior Staff) to hear the appeal. The only grounds for appeal are significant procedural error, newly discovered evidence not available at the time of the parties’ response to the investigator(s)’ report, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found. In the event the two Vice Presidents (or Senior Staff) cannot agree, the Title IX Coordinator will appoint a third person.

Vice President for Community and Employee Relations and Title IX Coordinator Lisa Cania, Vilas 114, 315-229-5656, lcania@stlawu.edu

Assistant Vice President for Safety and Security Patrick Gagnon
Torrey Health Center, 76 Park Street, rear entrance, 315-229-5555, pgagnon@stlawu.edu

II. Procedure for Discrimination or Harassment Other Than Sexual Misconduct and Cases Involving Discrimination or Harassment Related to Gender, Sexual Orientation, Gender Identity, and Gender Expression

These procedures apply to complaints related to discrimination or harassment based on any other category protected by law, regulation or policy (such as race, color, predisposing genetic characteristics, religion, age, disability, marital status, veteran’s status, or national or ethnic origin).

A. Student Complaints

A student who believes s/he has been the victim of discrimination or harassment other than Sexual Misconduct and cases involving discrimination or harassment related to gender, sexual orientation, gender identity and gender expression may report it to any of the Responsible Administrators, or may speak to her/his academic advisor, chairperson of the Department, any staff member in student life, particularly residence life, or counseling for guidance on how to proceed.

Complaints of such discrimination or harassment will be investigated in the same general manner (including timeframes) as outlined above for Sexual Misconduct complaints made by a student, see I. A., pages 3-12 above, except that where the Respondent is a student and the matter involves discriminatory harassment, referral may be made to the Discriminatory Harassment Hearing Board, and in all other cases, including any case not referred to the Discriminatory Harassment Hearing Board, a decision may be made by the Vice President and Dean of Student Life. In these types of cases, any advisor must be an active, non-lawyer member of the University community and their role is as described above.

Simply:

When the Complainant and Respondent are students, the complainant will have the option of Informal Resolution or Formal Investigation. If Formal Investigation is selected or designated, the University will appoint investigators, follow the investigation procedures and timeframe cited in I.A.1 and send the investigation report either to the Discriminatory Harassment Hearing Board (DHHB, a subset of the Review Board), or to the Vice President for Student Life for adjudication.

When the Complainant is a student and the Respondent is an employee, the complainant will have the option of Informal Resolution or Formal Investigation. If Formal Investigation is selected or designated, the University will appoint investigators, follow the investigation procedures and timeframe cited in I.A.2 and send the investigation report to the Vice President and Dean for Student Life for adjudication.

When the Complainant is a student and the Respondent is not a member of the University community, that person has no inherent rights of access to or membership in the University community. The Title IX Coordinator, in consultation with the Assistant Vice President for Security, has discretion to implement a temporary or permanent no contact order and or temporary or permanent ban from campus. If the Title IX Coordinator elects to use the discretionary procedure, the University will appoint investigators, follow the investigation procedures and timeframe cited in I.A.3 and send the investigation report to the Vice President and Dean for Student Life for adjudication. The Respondent has the right to appeal these decisions after one year, and the appeal will be heard by the Senior Staff administrator overseeing the area of the Complainant.

In these types of cases, any advisor must be an active, non-lawyer member of the University community and their role is as described above.

B. Complaints By Employees

A member of the University community who is not a student (i.e., who is an employee) and who believes that s/he is experiencing or has experienced discrimination or harassment other than Sexual Misconduct and cases involving discrimination or harassment related to gender, sexual orientation, gender identity and gender expression may contact any of the Responsible Administrators, although the employee is urged to report to the Director of Human Resources for Employee Relations, the Vice President (or Senior Staff) with supervision of the area of the person charged, or the Vice President for Community and Employee Relations.

Respondent is a student, the above procedure and processes for students will apply (See II.A.2)
Adjudicated by the Vice President for Student Life or DHHB at Title IX Coordinator’s Discretion

Respondent also is an employee
Adjudicated by Senior Staff leader of the Respondent and a partner senior staff member

When the Respondent also is an employee, once a complaint has been reported, the University will offer the options of Informal Resolution or Formal Investigation to the complainant. If Formal Investigation is selected or designated, it will be promptly investigated by the Assistant Vice President for Security and Safety and/or one or more Deputy Title IX Coordinators, as determined by the Title IX Coordinator. The investigatory process will be impartial and allow each party to separately offer relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (on the same basis as set out in the Sexual Misconduct policy, except that in these types of cases, any advisor must be an active, non-lawyer member of the University community and their role is as described above.).

A written report of the investigation, and the investigator(s) assessment of witnesses (as relevant) will be provided to the Title IX Coordinator, the Vice President (or Senior Staff) with oversight of the area in which the Respondent works and a Vice President (or Senior Staff) from another area, as designated by the Title IX Coordinator. The Vice Presidents (or Senior Staff) may speak directly with the investigator(s) as part of their review, with any party or witness, or may request that the investigator(s) provide or obtain additional information.

At any point in the process involving a complaint against a tenured faculty member which may involve termination, the Title IX Coordinator may refer the matter for handling under the Faculty Handbook procedures on termination.

The Vice Presidents (or Senior Staff) will provide a written determination, based on a preponderance of the evidence standard, with a brief rationale, to each party, generally within 30 calendar days of receipt of the investigator’s report. (In the event the Vice Presidents (or Senior Staff) are unable to agree, the Title IX Coordinator will appoint a third Vice President (or Senior Staff) to participate in the process.)

Either party may submit a written appeal within 7 calendar days of that decision to the Title IX Coordinator who will appoint a disinterested Vice President (or Senior Staff) to hear the appeal. The appeal will be shared with the other party, who will have 48 hours to submit a response. The only grounds for appeal are procedural error, newly discovered evidence not reasonably available at the time of the investigators’ report, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found.

A decision responding to the written appeal will be issued to the parties and the Title IX Coordinator as expeditiously as possible. The appeal process does not rehear complaints but ensures that parties’ rights are protected, appropriate procedures are followed, and sanctions are reasonable.

Alternatively, the Title IX Coordinator may refer the matter to the DHHB for processing. The procedures for investigations and hearings before the DHHB can be found at http://www.stlawu.edu/human-resources/discriminatory-harassment-hearing-board-dhhb-procedures.

In all appropriate instances, interim relief may be provided, as explained above.

C. Complaints By Non-Members of the Community

When a non-member of the University Community believes s/he is experiencing or has experienced discrimination or harassment, other than Sexual Misconduct and cases involving discrimination or harassment related to gender, sexual orientation, gender identity and gender expression, s/he should report concerns to the Assistant Vice President for Safety and Security or the Vice President for Community and Employee Relations.

If the Respondent is not an active member of the University community, the matter will be investigated and handled by the Assistant Vice President for Security and Safety, who will make a final determination. When the Respondent is a not a member of the University community, that person has no inherent rights of access to or membership in the University community. The Title IX Coordinator, in consultation with the Assistant Vice President for Security, has discretion to implement a temporary or permanent no contact order and/or temporary or permanent ban from campus.

The Respondent has the right to appeal these decisions after one year, and the appeal will be heard by the Senior Staff administrator overseeing the area of the Complainant.

The Title IX Coordinator also has the discretion to follow more routine procedures described below. These procedures are optional.

Where the report involves conduct allegedly perpetrated by a student and the Title IX Coordinator determines an investigation is appropriate, the above procedures for students shall apply (II.A). Where the report involves conduct allegedly perpetrated by an employee and the Title IX Coordinator determines an investigation is appropriate, the above procedures for employees shall apply (II.B).

Vice President for Community and Employee Relations and Title IX Coordinator Lisa Cania, Vilas 114, 315-229-5656, lcania@stlawu.edu

Assistant Vice President for Safety and Security Patrick Gagnon
Torrey Health Center, 76 Park Street, rear entrance, 315-229-5555, pgagnon@stlawu.edu

III. General Provisions

A. Rights of the Student Complainant in Cases of Sexual Misconduct (Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence and Stalking)

In addition to rights set forth in the Students’ Bill of Rights (see Appendix A of the Nondiscrimination and Harassment Policies), applicable for students in cases involving sexual assault, domestic/dating violence and stalking, the complainant has the following rights under these procedures has:

the right to provide a personal statement before any sanction is imposed;
the right to make his/her statement without directly confronting the party charged;
the right to be notified in advance in writing (including electronically) of any meeting they are required or eligible to attend and the reason for that meeting;
the right not to have his or her past sexual history with the other party considered, unless determined to be directly relevant to the matter at hand, and the right to not have their prior sexual history with other persons considered as part of a responsibility determination;
the right to ask that witnesses relevant to the case be interviewed as part of the investigation and to submit other evidence for consideration; however, the investigator(s) may establish a reasonable limit on the number of witnesses and also place reasonable restrictions on the consideration of any proffered information;
the right to appeal a decision to the extent provided for in this policy;
the right to ask one member of the RB (or other board if applicable) to recuse himself/herself, to be replaced by another member and to raise any issues of conflict of interest that might require disqualification of other RB members;
the right to decline to answer a question during the investigatory and/or review process. However, the investigation and review proceeds based on the information provided;
the right to have their own mental health diagnoses and/or treatment excluded during any responsibility determination

B. Rights of the Student Respondent in Cases of Sexual Misconduct (Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence and Stalking).

In addition to rights set forth in the Students’ Bill of Rights (see Appendix A of the Nondiscrimination and Harassment Policies), applicable for students in cases involving sexual assault, domestic/dating violence and stalking, the respondent has the following rights under these procedures has:

the right to be informed of the factual allegations concerning any alleged violation, the date, time and place of the alleged violation; a reference to the Policy provisions violated and possible sanctions;
in the course of the investigatory and adjudicatory process, the right to be presumed not responsible for a violation until a finding of responsibility has been made;
the right to provide a personal statement before any sanction is imposed;
the right to be notified in advance in writing (including electronically) of any meeting they are required or eligible to attend and the purpose of the meeting;
the right to make his/her statement without directly confronting the Complainant
the right not to have his or her past sexual history with the other party considered, unless determined to be directly relevant to the matter at hand, and the right to not have their prior sexual history with other persons considered as part of a responsibility determination (prior findings and sexual assault, domestic violence, dating violence and stalking may be considered in determining a sanction, as may other aspects of the respondent’s overall record);
the right to ask that witnesses relevant to the case be interviewed as part of the investigation and to submit other evidence for consideration. However, the investigator(s) may establish a reasonable limit on the number of witnesses and also place reasonable restrictions on the consideration of any proffered information;
the right to appeal a decision to the extent provided for in this policy;
the right to ask one member of the RB (or other board if applicable) to recuse himself/herself, to be replaced by another member and to raise any issues of conflict of interest that might require disqualification of other RB members;
the right to decline to answer a question during the investigatory and/or review process. However, the investigation and review proceeds based on the information provided;
the right to have their own mental health diagnoses and/or treatment excluded during any responsibility determination.
C. Interim Suspension

In those cases where, in the opinion of the University, the continued presence of an individual on campus constitutes a threat of danger or injury to others or a threat of disruption of the educational or living environment, that individual may be immediately suspended from the University and/or otherwise prohibited from access to campus, or other appropriate interim action taken

In the case of the suspension, either the party suspended or an individual impacted by the alleged misconduct shall be afforded a prompt review of the need for and term of any interim suspension by submitting a request in writing to the Title IX Coordinator, which shall be accompanied by any evidence in support of that request. Notice that a party has requested modification of interim suspension shall be afforded to the other party and notice of any modification of interim suspension will be afforded to both parties.

D. Sanctions/Discipline

A student found to have engaged in Discrimination and/or Harassment prohibited by the Nondiscrimination and Harassment Policy, including Sexual Misconduct, is subject to a range of sanctions depending on the circumstances of each situation. Those sanctions can be found in the Student Handbook and can take into account a student’s prior disciplinary record.

Students who violate sanctions imposed under these procedures by the Vice President and Dean of Student Life and/or Vice President and Dean for Academic Affairs (after appeal) shall be subject to further disciplinary action up to and including expulsion from the University which discipline can be imposed directly by the Vice President and Dean of Student Life, provided the student is first given the opportunity to meet with the Vice President and Dean.

The President of the University is informed by the Vice President and Dean of Student Life of all cases resulting in suspension or expulsion of a student. The President is also informed of all decisions to restrict membership or remove recognition from a student organization.

Any University employee found to have engaged in Discrimination and/or Harassment prohibited by the Nondiscrimination and Harassment Policy, including Sexual Misconduct, is subject to a range of discipline depending on the circumstances of each case. That discipline can include termination and can take into account the employee’s prior employment record.

E. Transcript Notations

As required by New York law, all colleges and universities in New York are required to denote certain conduct outcomes on academic transcripts of students found in to have engaged in conduct that constitutes crimes of violence (including but not limited to sexual assault) that the University is required to report in its annual security report pursuant to the Clery Act. Required transcript notations, as appropriate to the circumstances, are:

• “Expelled after a finding of responsibility for a code of conduct violation”

• “Suspended after a finding of responsibility for a code of conduct violation”

• “Withdrew with conduct charges pending”

Suspension and expulsion transcript notations are applied at the conclusion of the conduct proceedings and appeals processes. If a student withdraws with charges pending, but conduct proceedings are nonetheless completed, any final transcript notation will be based on the outcome of those proceedings. (Pending completion of those proceedings, the transcript will carry the above withdrawal notation.)

Transcript notations for a student suspended are required by law to remain on the transcript for a period of at least one year following completion of the suspension. By University policy, a withdrawal notation will remain on a transcript for at least one year following the withdrawal. (By law, expulsion notations are not subject to removal.) Subject to these minimum periods, a student may request to have a suspension/withdrawal transcript notation removed by submitting a petition in writing to the Title IX Coordinator, who will share the request with the Deans of Academic Affairs and Student Life. The Deans will make all decisions about notation removal. For full information.

F. Complaints Involving Multiple Complainants/Respondents/Claims

In cases where there are multiple complainants and/or multiple respondents, the University reserves the right to handle the cases individually or jointly to the extent permitted by law. Further, in cases where there are allegations of a violation of this Policy and collateral allegations of other policy violations (e.g., an allegation of non-consensual sexual contact and minor property damage), the University reserves the right to have allegation(s) of violations of this Policy and the collateral allegation(s) investigated and adjudicated pursuant to this Policy. In cases where the individual has more than one status with the University (such as a student who is also employed with the University, or any employee who takes courses at the University), the University will determine in its discretion which status is primary; in such a situation, sanctions imposed may include sanctions related to each status.

G. Time Limits

The Title IX Coordinator may extend any time limits provided for in these procedures for good reason.

H. Records

No investigatory meeting shall be recorded in any way other than the individual notes taken by those present and the reports detailed above. All records are maintained (for at least five years) in confidential files maintained by the Title IX Coordinator or designee and only those with a right and need to know are permitted access, unless otherwise provided in these procedures.

While parties are permitted to discuss their case for the purposes of pursuing or defending a charge, seeking support or working with an advisor, parties should also understand that unnecessary discussions of a charge could be perceived as retaliation. For example, this does not allow individuals to unreasonably share private information in a manner intended to harm or embarrass another individual, or in a manner that would recklessly do so regardless of intention. Such sharing may be retaliation which can result in separate charges. Retaliation should be reported promptly to any Responsible Administrator and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations of Sexual Misconduct (or other Discrimination and/or Harassment prohibited by the Nondiscrimination and Harassment Policy).

I. Cooperation

Failure by either party or persons acting on a party’s behalf to cooperate with investigatory requests may be the subject of disciplinary action, if appropriate under the facts and may be considered in the adjudication and resolution of any complaint.

J. Interpretation/Other Issues

Interpretation of these procedures is vested in the Title IX Coordinator. Issues that are not specifically addressed in the above may be resolved by the Title IX Coordinator.

K. Designation of Authority and University Counsel

Any University administrator or official whom this policy empowers to act may request that the Title IX Coordinator delegate that authority to another appropriate University official, or the Title IX Coordinator in his or her own discretion may delegate that administrator’s or official’s authority to act to another appropriate person. Delegation of authority may be necessary to avoid conflicts of interest or where time constraints or other obligations prevent a University official named in this policy from fulfilling his/her designated role.

The Title IX Coordinator may delegate his or her authority and/or responsibilities under these procedures to any Deputy Title IX Coordinator or other appropriate official.

Any University administrator or official involved in implementing this policy may seek the advice of the University’s legal counsel, to be coordinated through the Title IX Coordinator.

IV. Definitions

Adjudicators: The people who make the decision whether there is sufficient evidence to find someone charged as Responsible for the actions that are alleged.

Advisor: Either party may select an advisor of their choice, who may (at the party's own expense if the advisor is a paid advisor) attend with the student any meeting or interview the student is required or eligible to attend in connection with the investigation and resolution of a complaint under this Policy. Advisors support the person involved but do not speak for or represent the persons. The University will not communicate directly with Advisors. The University will neither select, endorse, nor compensate an advisor, nor reimburse parties for expenses incurred.

In Sexual Misconduct cases, the advisor (according to federal law) may be anyone chosen by each person involved in the case. Advisor Guidelines are provided to advisors. In other (not gender-based) Discrimination and Harassment cases, the advisor, by University policy must be a non-lawyer member of the University community. Employees covered by the Collective Bargaining Agreements may choose a representative of their respective Union as the advisor.

Affirmative Consent: Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that s/he has the Affirmative Consent of the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean consent nor does silence mean consent.

Affirmative Consent can be withdrawn or revoked. Affirmative Consent cannot be given by a person who is incapacitated.

A person with a medical or mental Disability may also lack the capacity to give consent.

Sexual activity with a person under age 17 is never consensual because that person is considered incapable of giving legal consent due to age.

Confidential Resource: Trained campus and community resources who must retain your confidentiality, unless there is imminent harm to self or others. Confiding in these resources is NOT reporting to the University.

Confidential Response: A complainant may seek assistance from on-campus or external resources with whom confidential discussions may be held, without report to the University’s Title IX Coordinator, unless the complaint describes a narrative of imminent harm to self or others.

Informal Resolution: Once an official report is made to a Responsible Administrator, the University knows and then offers options to the person making the complaint. She or he can then express preference for an Informal Resolution, describing wishes such as change of residence, change of schedule, no-contact order, or other requests). Then the University explains the charge to the accused and describes the conditions. This is a non-judgmental discussion; the University is not determining whether the charge has enough evidence for a decision of responsibility. If the charged person agrees to the terms, the conditions are documented and the case is permanently closed. If the charged person does not agree, then the University returns to the person making the complaint and offers these options:

*Formal Investigation, leading to a decision by adjudicators and sanction if the charged person is found Responsible or no sanction if evidence is not sufficient to reach Preponderance of Evidence standard.

*Suspend decision at this time, and decide at a later date whether to request a Formal Investigation or to request the University take no action.

*Request the University take no action and close the case permanently.

Formal Investigation: Once an official report is made to a Responsible Administrator, the University offers options to the person making the complaint. She or he can request a Formal Investigation, which involves one or more trained investigators who will interview both parties, interview relevant witnesses, and gather evidence such as photographs, videos, emails, text messages, Facebook posts, or any other material sources to help understand the complaint. The investigators prepare a report, both parties may read and respond to the report, then rebut each other’s response, before sharing with adjudicators. For student cases, the adjudicators are three faculty or staff members chosen from a team of 15 trained individuals. These three people become the Review Board; they decide whether there is a Preponderance of Evidence and if they believe there is, what the appropriate sanction should be. If someone charged is found Responsible, she or he may appeal on limited conditions: significant procedural error, evidence not reasonably available during the investigation, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found. Formal Investigations are completed as expeditiously as possible.

Official Report: an official report is a report to a Responsible Employee, Responsible Administrator, or Title IX Coordinator. If any of these individuals hear a report, they must offer resources to the person who is making or may have a complaint, and those options are described above as Informal Resolution or Formal Investigation. There is no such thing as an unofficial report (but individuals desiring no action by the University may utilize Confidential Resources).

Preponderance of Evidence: The standard used to determine whether someone charged did what was alleged. This standard is commonly described as “just over 50% or more likely than not.”

No-Contact Order: A directive from the University that the people involved in a case either temporarily or permanently have no deliberate interaction with one another, nor may anyone on their behalf.

Responsible: The term used when the adjudicators determine there is sufficient evidence to support the charge that someone did what was alleged.

Responsible Administrator and Responsible Employee: Employees who have an obligation to report to the University’s Title IX Coordinator if they hear about or are told of Sexual Misconduct. They can also direct students to appropriate resources.

Review Board: Three faculty or staff members chosen from a team of 15 trained individuals; they read the Investigation Report and determine whether there is sufficient evidence to support the charge that someone did what was alleged.

Transcript Notation: As required by New York law, all colleges and universities in New York are required to denote certain conduct outcomes on academic transcripts of students found in to have engaged in conduct that constitutes crimes of violence (including but not limited to sexual assault) as defined in the Clery Act. Required transcript notations, as appropriate to the circumstances, are:

“Expelled after a finding of responsibility for a code of conduct violation”
“Suspended after a finding of responsibility for a code of conduct violation”
“Withdrew with conduct charges pending”

Witness: someone who may have seen an incident or who may have had real-time interactions with either the person making the charge or the person charged, interactions (discussion, text or email messages and more) that will help the University understand the narrative as accurately as possible.

Unofficial Report: No such report is possible.

Updated August 2018

These procedures may be amended by the University at any time. Unless otherwise provided in the amendment, amendments to these procedures will become effective upon approval.