Procedures Under the Nondiscrimination, Discriminatory Harassment or Sexual Misconduct Policies (Effective August 14, 2020)

Office & Department Directory
Title IX
Procedures Under the Nondiscrimination, Discriminatory Harassment or Sexual Misconduct Policies (Effective August 14, 2020)

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

For concerns about harassment (including without limitation sexual harassment), sexual exploitation, sexual assault, dating violence, domestic violence and stalking based on gender, sexual orientation, gender identity and gender expression, please see section I.

For concerns about (a) discrimination based on gender, sexual orientation, gender identity or gender expression, or (b) 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.

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
            2. Complaint by a Student, Respondent is an Employee
            3. Complaint by a Student, Respondent is not a member of the University
                 Community
            4. Review Board

   B. Complaints by Employees
             1.   Complaint by Employee, Respondent is a Student
             2.   Complaint by Employee, Respondent is an Employee
             3.   Complaint by Employee, Respondent is not a member of the University
                 Community

C. Complaints by Non-Members of the University Community

II. Discrimination Other Than Sexual Misconduct

    A. Complaints by Students
              1. Both the Complainant/Alleged Victim and Respondent are Students
              2. Complainant is a Student and Respondent is an Employee
              3. Complainant is a Student and Respondent is not a member of the University Community
      B. Complaints by Employee
              1. Respondent is a Student
              2. Respondent also is an Employee
              3. Respondent is not a member of the University Community
      C. Complaints by Non-Members of the University Community

III. General Provisions

      A. Interim Suspension
      B. Sanctions/Discipline
      C. Transcript Notations
      D. Complaints Involving Multiple Complainants/Claims
      E. Time Limits
      F. Records
      G. Interpretation/Other Issues
      H. Designation of Authority and University Counsel

IV. Definitions

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

A. Complaints by Students

1. Both Complainant and Respondent Are Students

Where both the Complainant and Respondent are students and the case involves Sexual Misconduct and/or harassment (including without limitation sexual 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 Adjudication or supportive measures only. At any time prior to a determination by the Sexual Misconduct, Domestic Violence, Dating Violence and Stalking Review Board (“RB”), the Title IX Coordinator and/or designee may explore Informal Resolution provided the Complainant, the Respondent and the University agree. Informal Resolution efforts can be discontinued by either party or the University at any time.

If Formal Adjudication is selected or designated, the Title IX Coordinator will assign one or more investigators to investigate the allegations in the complaint. (The Title IX Coordinator may designate one or more external investigators to conduct or assist with investigations as needed.) Investigations will begin promptly upon submission of a formal complaint. Investigations will normally be completed within 60 calendar days after submission 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, concurrent law enforcement activity and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be advised of the reason(s) for any extension. Delays due to ongoing law enforcement investigations will not exceed ten days unless the law enforcement agency specifically requests and justifies a longer delay.

In appropriate cases, the Associate Dean of Student Life or Title IX Coordinator may secure supportive measures on behalf of a Complainant or a Respondent during the period of the investigation and adjudication of a complaint. Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the University’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. As required by federal regulation, these supportive measures must be non-disciplinary and non-punitive to the parties. Supportive measures may include, but are not limited to, no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; counseling services; as well as safe walks and escorts, and other relief as appropriate. The Title IX Coordinator or designee is responsible for coordinating the implementation of supportive measures, including coordinating with the various University departments and offices that may be involved. Supportive measures will be offered free of charge. Parties directly affected by a supportive measure relief may request, in writing submitted to the Title IX Coordinator, a review of the need for and terms of that supportive measure and may submit evidence in support of that request. Similarly, if a party’s request for a supportive measure is denied, the party will be afforded an opportunity to have the denial promptly reviewed to assess whether the supportive measure is reasonable under the circumstances, and may submit evidence in support of that request. Such requests will be reviewed by the Title IX Coordinator, and a determination will be provided to the requesting party and any other party directly affected by the proposed supportive measure(s) at issue.

The Title IX Coordinator may (but is not necessarily required to) dismiss a formal complaint or any of its allegations if at any time during the investigation or hearing process (a) the Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any specific allegation, or (b) specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or its allegations. Any decision to dismiss a formal complaint as described in this paragraph may be appealed as described below.

Investigation

The Complainant and Respondent will receive a notice of investigation including, to the extent known, the identities of the involved parties; the date, time, location and factual allegations concerning the alleged violation; the policy provisions allegedly violated; a description of the investigation and adjudication process; potential sanctions; the right to an advisor of their choice, who may be, but is not required to be, an attorney; their right to inspect and review evidence in accordance with these procedures; notice that knowingly making false statements or knowingly submitting false information is prohibited under the Code of Social Responsibility, Section 4: Proscribed Conduct, and that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process. This information will be provided in sufficient detail and with sufficient time to prepare a response before any initial interview. If, in the course of the investigation, the University decides to investigate allegations that are not included in the notice initially provided to the parties, the Title IX Coordinator or designee will provide notice of the additional allegations to the parties. The Complainant and Respondent will be provided with notice of the name of the appointed investigator(s) and an opportunity of not more than three days after the notice to raise an objection to the investigator(s) based on any alleged conflict of interest known to the party. If an objection is raised, the Title IX Coordinator will determine whether a conflict of interest in fact exists and necessitates the replacement of the investigator.

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 of their choice, 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). Complainant or Respondents wishing to provide information must speak on their 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. 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.

No unauthorized audio or video recording of any kind is permitted during investigation meetings. If the investigator(s) elect(s) to audio and/or video record interviews, all parties involved in the meeting will be made aware that audio and/or video recording is occurring.

The Complainant and Respondent will be provided an equal opportunity to inspect and review any evidence directly related to the allegations gathered in the investigation, regardless of whether the information will be relied on in reaching a determination. Prior to the conclusion of the investigative report, the Complainant and Respondent will be provided a copy (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform) of the evidence, subject to redaction permitted and/or required by law. Parties are allowed to share the report with their advisors. The Complainant and Respondent will be provided at least 10 days to submit a written response, which the investigator(s) will consider prior to completion of the investigative report. The investigator(s) will determine if additional investigation is necessary and, if so, will complete any additional investigation steps.

At the conclusion of the investigation, the investigator(s) will complete a written investigative report that fairly summarizes the relevant evidence. The investigator(s) need not include information in the investigative report that the investigator(s) determine(s) not relevant or otherwise excludable. The investigator(s) will submit the investigative report to the Title IX Coordinator.

At least 10 days prior to a hearing to determine whether there is responsibility for the allegations, the Complainant and Respondent will be provided a copy of the investigative report (which may be sent in hard copy or electronic format or made available through an electronic file sharing platform), subject to redaction permitted and/or required by law, for review and (if desired) written response. Parties are allowed to share the report with their advisors

Hearing Procedures

General

A hearing before a RB consisting of three members designated by the Title IX Coordinator will be convened not less than 10 days after the parties have been provided access to the final investigative report, for the purpose of determining whether the Respondent is responsible or not responsible for the charge(s). The RB members may be members of the campus community or may be external to the University, as determined by the Title IX Coordinator.

The Title IX Coordinator will notify the parties in writing of the date, time, and location of the hearing, the names of the RB members, and how to challenge participation by any RB member for bias or conflict of interest.

Participants in the hearing will include the members of the RB, the Complainant and the Respondent, their respective advisors, the investigator(s) who conducted the investigation, and witnesses (solely during their own testimony). Hearings are private. Observers or additional support personnel, other than the parties’ advisors, are not allowed unless deemed necessary by the Title IX Coordinator for purposes such as accommodation of a disability. Cell phones and recording devices may not be used by the parties or their advisors in the hearing room(s).

Hearings may be conducted with all parties physically present in the same location or, at the Title IX Coordinator’s discretion, any or all parties, witnesses, and other participants may appear at the hearing virtually, with technology enabling the RB and the parties to simultaneously see and hear any party or witness providing information or answering questions. If either party so requests, the hearing will be conducted with the parties located in separate rooms using technology as described in the preceding sentence.

The Title IX Coordinator may postpone the hearing for good cause as determined by the Title IX Coordinator. Good cause may include, without limitation, unavailability of one or more participants due to unanticipated events or circumstances, the timing of academic breaks or holidays, or other extenuating circumstances.

Procedural Matters

The Chair of the RB is in charge of organizing the presentation of information to be considered at the hearing. Generally, the hearing will proceed in the following order:

Opportunity for Opening Statement by the Complainant
Opportunity for Opening Statement by the Respondent
Questions for the investigator(s) by the RB and, if desired, on behalf of Complainant and the Respondent (as described below)
Questions for the Complainant by the RB and, if desired, on behalf of the Respondent (as described below)
Questions for the Respondent by the RB and, if desired, on behalf of the Complainant (as described below)
Questions for each witness by the RB and, if desired, on behalf of Complainant and the Respondent (as described below)
Opportunity for Closing Statement by the Complainant
Opportunity for Closing Statement by the Respondent

Formal rules of evidence will not apply. Except as otherwise expressly prohibited by these procedures, any information that the Chair of the RB determines is relevant may be considered, including hearsay, history and information indicating a pattern of behavior, and character evidence. All evidence previously made available to the parties for inspection and review prior to completion of the investigative report as described above will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of questioning. Absent extraordinary circumstances as determined by the Chair of the RB, no party may seek to introduce at the hearing any evidence not previously made available in accordance with the preceding sentence, other than the investigative report itself and any responses to the investigative report submitted by the parties as described above.

The Chair of the RB will address any concerns regarding the consideration of information prior to and/or during the hearing and may exclude irrelevant information. Subject to the terms of these procedures, the Chair will have discretionary authority to determine all questions of procedure, to determine whether particular questions, evidence or information will be accepted or considered, to call breaks or temporary adjournments of the hearing, to alter the order of the proceedings from that described above, and/or to recall parties or witnesses for additional questions as the Chair deems necessary or appropriate. The Chair may impose additional ground rules as Chair may deem necessary or appropriate for the orderly and efficient conduct of the hearing, which will apply equally to both parties.

Advisors

The Complainant and the Respondent may each have present with them during the hearing an advisor of their choice (at the party’s expense if the advisor is a paid advisor). If a party does not have an advisor present at the hearing, the University will provide, without fee or charge to that party, an advisor of the University’s choice for the limited purpose of conducting questioning on behalf of that party as provided in this Policy.

Except with respect to questioning as described below, the advisor’s role is limited to consulting with their advisee, and the advisor may not present evidence, address the RB during the hearing, object to any aspect of the proceeding, or disrupt the hearing in any way, and any consultation with the advisee while the hearing is in progress must be done in a quiet nondisruptive manner or in writing. The advisor may consult with the advisee verbally outside the hearing during breaks, when such breaks are granted by the Chair of the RB. An advisor’s questioning of the other party and any witnesses must be conducted in a respectful, nonintimidating and non-abusive manner. If the Chair determines that an advisor is not adhering to these or other ground rules, the advisor may be required to leave the hearing, and the hearing will proceed without an opportunity for the party to obtain a replacement advisor; provided, however, that the University will assign an advisor of the University’s choosing, without charge, for the purpose of conducting questioning on behalf of the party as provided below.

Witnesses are not permitted to bring an advisor or other person to the hearing, absent an approved disability accommodation. The RB may be advised by and/or consult with the University’s legal counsel as the Chair of the RB deems necessary or appropriate.

Questioning Procedures

The RB will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility; provided that questions that seek disclosure of information protected under a legally recognized privilege will not be permitted unless the person or entity holding the privilege has waived the privilege in writing. Questioning must be conducted by the party’s advisor in a respectful, nonintimidating and non-abusive manner, and never by a party personally. If a party does not have an advisor present at the hearing, the Title IX Coordinator will arrange for the University to provide without fee or charge to that party, an advisor of the University’s choice to conduct cross-examination on behalf of that party.

Only relevant questions may be asked by a party’s advisor to a party or witness. Before the party or witness answers a question posed by an advisor, the Chair of the RB will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The advisor posing the question may request that the Chair reconsider any decision to exclude a question and the Chair, after soliciting the other party’s advisor’s opinion, will render a final determination. Such decisions by the Chair are final and not subject to further objection or reconsideration during the hearing.

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, other than questions and evidence about the Complainant’s prior sexual behavior that (a) are offered to prove that someone other than the Respondent committed the alleged misconduct, or (b) concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

If a party or witness whose presence is requested by a party declines to participate in the hearing or does not answer permissible cross-examination questions by an advisor at the hearing, the hearing panel may nevertheless rely on statements of that party or witness, during the hearing or otherwise, in reaching a determination regarding responsibility, but may also determine what significance to afford those statements in view of the lack of cross examination (for example, the hearing panel may determine whether the statements are sufficiently reliable in the absence of cross examination). The RB panel will not, however, draw an inference as to responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer questions posed by the other party’s advisor.

Hearing Determinations

Following conclusion of the hearing, the RB will deliberate and render a determination by majority vote as to whether the Respondent is responsible or not responsible for the alleged violation(s). The RB will use “preponderance of the evidence” as the standard of proof to determine whether each alleged violation of the Policy occurred. “Preponderance of the evidence” means that the RB must determine whether, based on the evidence presented, it is more likely than not that the Respondent engaged in the conduct charged.

If the RB determines that the Respondent is responsible for one or more violations, the RB will then determine appropriate sanctions. Each party may submit a written personal impact statement to the Title IX Coordinator for consideration by the RB in determining an appropriate sanction if there is a finding of responsibility on one or more of the charges. The parties must submit their statements to the Title IX Coordinator prior to the hearing. The Title IX Coordinator will provide each of the parties an opportunity to review any statement submitted by the other party.

In addition to the impact statement(s), if any, factors considered when determining sanctions may include:

The nature and severity of, and circumstances surrounding, the violation(s);
The Respondent’s state of mind at the time of the violation(s) (intentional, knowing, bias-motivated, reckless, negligent, etc.);
The Respondent’s previous disciplinary history;
The need for sanctions to bring an end to the conduct; and/or to prevent the future recurrence of similar conduct;
The need to remedy the effects of the conduct on the Complainant and/or the community;
The impact of potential sanctions on the Respondent;
Sanctions imposed by the University in other matters involving comparable conduct; and
Any other lawful factors deemed relevant by the RB.

Notice of Outcome

The RB will issue a written determination including the following information:

A description of the charges that were adjudicated;
A description of the procedural steps taken from the submission of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
Findings of fact supporting the determination;
Conclusions regarding the application of the Policy to the facts;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s educational programs or activities will be provided to the Complainant; and
The procedures and permissible bases for the Complainant and Respondent to appeal.

The Title IX Coordinator will provide the written determination to the parties simultaneously.

Appeals

Either party may submit, in their own words, a written appeal of the RB’s decision, or of an earlier decision to dismiss the formal complaint or any specific allegations in the formal complaint. (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 or dismissal (as applicable) 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 the following:

Procedural irregularity that affected the outcome of the matter; and/or
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and/or
The Title IX Coordinator, investigator(s), or any RB member had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; and/or
The sanction is inappropriate.

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.

2. Complainant is a Student and the Respondent is an Employee
When the Complainant is a student and the Respondent is an employee, and the case involves Sexual Misconduct and/or harassment (including without limitation sexual harassment) related to gender, sexual orientation, gender identity and/or gender expression, the processes described in Section I.A.1. will be followed.

3. Complainant Is a Student and the Respondent Is Not an Active Member of the University Community
When 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 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 the procedures described below in cases involving Sexual Misconduct and/or harassment (including without limitation sexual 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.

Regardless of which procedures are followed, the University will offer supportive measures to its student(s) involved in any such cases, as described in Section I.A.1 above.

At any time prior to a determination by the Vice President and Dean of Student Life, the Associate Dean of Student Life and/or Title IX Coordinator may explore Informal Resolution provided that the Complainant, the Respondent and the University agree. Informal Resolution efforts can be discontinued by either party or the University at any time.

Investigation

If the Formal Adjudication is designated, the Title IX Coordinator will appoint one or more investigators to investigate. (The Title IX Coordinator may designate one or more external investigators 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 60 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, concurrent law enforcement activity, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be advised of the reason(s) for any extension. Delays due to ongoing law enforcement investigations will not exceed 10 days unless the law enforcement agency specifically requests and justifies a longer delay.

Whether sexual activity or contact occurred without mutual consent and/or whether a violation otherwise occurred, is to be determined through the investigation and adjudication 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 parties, who may participate at the level to which they are 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). Complainants or Respondents wishing to provide information must speak on their 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.

Adjudication by the Vice President and Dean of Student Life

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 an 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 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 and the party’s advisor, who may not photocopy or photograph or otherwise duplicate or make copies of the materials 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 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 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 President and Dean of Student Life 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.

Appeals

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 likely to have impacted the outcome, newly discovered evidence likely to have impacted the outcome not available at the time of the parties’ response to the investigator(s)’ report, a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; and/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.

4. 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. The Title IX Coordinator may also designate individuals external to the University to serve as RB members in particular cases, provided they have received training in accordance with state and federal law. 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 to be adjudicated by a RB. 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 listed at https://www.stlawu.edu/title-ix/responsible-employees 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.

1. Complainant is an Employee, Respondent is a Student

Where the Complainant is an employee and the Respondent is a student, and the case involves Sexual Misconduct and/or harassment (including without limitation sexual harassment) related to gender, sexual orientation, gender identity and/or gender expression, the processes described in Section I.A.1. will be followed.

2. Complainant and Respondent are Employees

When both the Complainant and the Respondent are employees, and the case involves Sexual Misconduct and/or harassment (including without limitation sexual harassment) related to gender, sexual orientation, gender identity and/or gender expression, the processes described in Section I.A.1. will be followed if the University determines that Title IX requires the application of those processes. In all other cases, the following procedures will apply.

Initially, the University will discuss options with the Complainant, explaining an Informal Resolution or Formal Adjudication or supportive measures only. 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. 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 the Title IX Coordinator, a review of the need for and terms of that relief and may submit evidence in support of that request.

Investigation

If Formal Adjudication is selected or designated, the Title IX Coordinator will appoint one or more investigators. (The Title IX Coordinator may designate one or more external investigators 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. 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). Complainants or Respondents wishing to provide information must speak on their own behalf and not through their advisors. 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.

Investigations will normally be completed within 60 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, concurrent law enforcement activity, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be advised of the reason(s) for any extension. Delays due to ongoing law enforcement investigations will not exceed ten days unless the law enforcement agency specifically requests and justifies a longer delay.

Adjudication by Senior Staff Members

A written report of the investigation and an 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 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 and their advisor, 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.

Appeals

Either party may submit, in their own words, a written appeal within 7 calendar days of the 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 likely to have impacted the outcome, newly discovered evidence likely to have impacted the outcome not reasonably available at the time a response to the investigators’ report could have been provided, a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter, 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

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 the investigation and adjudication procedures described below in cases involving Sexual Misconduct and/or harassment (including without limitation sexual harassment) related to gender, sexual orientation, gender identity and/or gender expression. The following procedures are optional for those kinds of cases.

At any time prior to a determination by the Adjudicators, the Title IX Coordinator may explore Informal Resolution provided that the Complainant, the Respondent and the University agree. Informal Resolution efforts can be discontinued by either party or the University at any time.

Investigation

If the Formal Adjudication is selected or designated, the Title IX Coordinator will appoint one or more investigators to investigate. (The Title IX Coordinator may designate one or more external investigators to conduct or assist with investigations as needed.) Investigations will normally be completed within 60 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, concurrent law enforcement activity, and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be advised of the reason(s) for any extension. Delays due to ongoing law enforcement investigations will not exceed ten days unless the law enforcement agency specifically requests and justifies a longer delay.

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.

Adjudication by Vice President

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 and their advisor, 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 the Vice President’s receipt of all case materials.

Appeals

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 likely to have impacted the outcome, newly discovered evidence likely to have impacted the outcome not available at the time of the parties’ response to the investigator(s)’ report, a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter, 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 or harassment (including without limitation sexual 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 60 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, concurrent law enforcement activity and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be advised of the reason(s) for any extension. Delays due to ongoing law enforcement investigations will not exceed ten days unless the law enforcement agency specifically requests and justifies a longer delay. No unauthorized audio or video recording of any kind is permitted during investigation meetings. If the investigator(s) elect(s) to audio and/or video record interviews, all parties involved in the meeting will be made aware that audio and/or video recording is occurring.

Adjudication by Vice President

The findings of the 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

Appeals

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 likely to have impacted the outcome, newly discovered evidence likely to have impacted the outcome not available at the time of the parties’ response to the investigator(s)’ report, a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter, 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.

Title IX Coordinator and Sexual Wellness Educator Lindsey Cohen, Student Center 302, 315-229-5334, lcohen@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 Based on Gender, Sexual Orientation, Gender Identity or Gender Expression, or Discrimination or Harassment Related To Any Other Category Protected By Law, Regulation Or Policy

These procedures apply to complaints related to (a) discrimination based on gender, sexual orientation, gender identity or gender expression, or (b) 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. Complaints by Students

1. Both the Complainant/Alleged Victim and Respondent Are Students

Initially, the University will discuss options with the Complainant, explaining an Informal Resolution or Formal Adjudication, or supportive measures only. At any time prior to a determination by the RB, the Associate Dean of Student Life and/or Title IX Coordinator may explore Informal Resolution provided that the Complainant, the Respondent and the University agree. Informal Resolution efforts can be discontinued by either party or the University at any time.

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.

If the Formal Investigation and Adjudication is selected or designated, the Title IX Coordinator will assign one or more investigators to investigate allegations. (The Title IX Coordinator may designate one or more external investigators 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 60 calendar days after the receipt of the complaint, and the investigator(s) 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, concurrent law enforcement activity and professional or personal obligations of all parties involved, may extend the duration of the investigation and the parties will be advised of the reason(s) for any extension. Delays due to ongoing law enforcement investigations will not exceed ten days unless the law enforcement agency specifically requests and justifies a longer delay.

Whether a violation occurred is to be determined through the investigation and adjudication 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 parties, who may participate at the level to which they are 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 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. 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 an 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 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 and their advisor, who may not photocopy or photograph or otherwise duplicate or copy 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 adjudicator(s). 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 Title IX Coordinator will refer 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. The adjudicator(s) 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 adjudicator(s) may speak directly with the investigator(s) as part of this review, with any party or witness, or may request that the investigator(s) provide and/or obtain additional information. If the adjudicator(s) decide(s) 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 adjudicator(s) will submit a 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 adjudicator(s) will make the decision based on a preponderance of the evidence standard. The adjudicator(s) may consider a student’s entire record, including without limitation past findings of responsibility, and other cases in determining an appropriate sanction.

The investigation and determination by the adjudicator(s) 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 adjudicator(s).

Either party may submit, in their own words, a written appeal of the decision. (Unless expressly provided by the adjudicator(s) or the Title IX Coordinator, an appeal does not delay implementation of the decision.) An appeal must be submitted to the Title IX Coordinator within 7 calendar days of receipt of the decision 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 likely to have impacted the outcome, new evidence likely to have impacted the outcome not reasonably available at the time a response to the investigators’ report could have been made, a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter, or a contention that the sanctions imposed or not imposed are inappropriately severe or lenient in relation to the violations found.

2. Complainant is a Student and the Respondent is an Employee
Initially, the University will discuss options with the student, explaining an Informal Resolution or Formal Investigation and Adjudication. At any time prior to a determination by the Vice President and Dean of Student Life, the Associate Dean of Student Life and/or Title IX Coordinator may explore Informal Resolution provided the Complainant, the Respondent and the University agree. 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 60 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, concurrent law enforcement activity and professional or personal obligations of all parties involved, etc., may extend the duration of the investigation and the parties will be advised of the reason(s) for any extension. Delays due to ongoing law enforcement investigations will not exceed ten days unless the law enforcement agency specifically requests and justifies a longer delay.

Whether a violation 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 parties, who may participate at the level to which they are comfortable. Through the process, the Vice President and Dean for Student Life will review available evidence to make a determination to the best of their his/her ability, whether it is more likely than not that a policy violation occurred. Individuals who are alleged to have 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). Complainants and Respondents wishing to provide information must speak on their own behalf and not through their advisors. 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. 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 for Student Life. The report should contain a review of the information uncovered in the investigation and an 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 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 and their advisor, 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 for 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.

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 President and Dean for 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. The Vice President and Dean for Student Life may speak directly with the investigator(s) as part of the 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 for Student Life 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 Vice President and Dean for Student Life will submit a 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 for Student Life will make the decision based on a preponderance of the evidence standard. The Vice President and Dean for Student Life may consider an employee’s entire record, including without limitation past findings of responsibility, and other cases in determining an appropriate sanction.

The investigation and determination by the Vice President and Dean for Student Life 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 decision. (Unless expressly provided by the 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 likely to have impacted the outcome, new evidence likely to have impacted the outcome not reasonably available at the time a response to investigators’ report could have been made, a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter, 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.

3. Complainant is a Student and Respondent is not a member of the University community

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

Any members of the University Community who are not students (i.e., who are employees) and who believe that they are experiencing or have experienced (a) discrimination based on gender, sexual orientation, gender identity or gender expression, or (b) 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) may contact any of the Responsible Administrators listed at https://www.stlawu.edu/title-ix/responsible-employees, 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.

1. Respondent is a Student

The above procedure and processes for students will apply (See II.A.1)

2. Respondent also is an Employee

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 and Adjudication to the Complainant. If Formal Adjudication 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 in I.B.2. above.). No unauthorized audio or video recording of any kind is permitted during investigation meetings. If the investigator(s) elect(s) to audio and/or video record interviews, all parties involved in the meeting will be made aware that audio and/or video recording is occurring.

A written report of the investigation including 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 likely to have impacted the outcome, newly discovered evidence likely to have impacted the outcome not reasonably available at the time of the investigators’ report, a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter, 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.

3. Respondent is not a member of the University community

When the Complainant is an employee 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.B.3 and send the investigation report to the Vice President overseeing the area in which the Complainant is employed for adjudication. The Respondent has the right to appeal these decisions after one year, and the appeal will be heard by the Vice President overseeing the area in which the Complainant is employed.

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.

C. Complaints by Non-Members of the Community

When a non-member of the University Community believes they are experiencing or has experienced (a) discrimination based on gender, sexual orientation, gender identity or gender expression, or (b) 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), they 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 the procedures described below. These procedures are optional.

At any time prior to a determination by the Adjudicators, the Title IX Coordinator may explore Informal Resolution provided the Complainant, the Respondent and the University agree. Informal Resolution efforts can be discontinued by either party or the University at any time.

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).

Title IX Coordinator and Sexual Wellness Educator, Lindsey Cohen, Student Center 302, 315-229-5334, lcohen@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. Interim Suspension

In those cases where, in the opinion of the University based on an individualized safety and risk analysis, the continued presence of a student on campus constitutes an immediate threat to the physical health or safety of any individual, that student may be immediately suspended from the University on an interim basis and/or otherwise prohibited from access to campus.

In the case of suspension, the individual suspended shall be afforded an immediate opportunity to challenge the need for and terms of the 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.

This section applies only to students. Employees are not subject to this section and may be placed on administrative leave pursuant to applicable University policies and procedures during the pendency of a process under these procedures.

B. 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 at http://www.stlawu.edu/resource/student-handbook and can take into account a student’s prior disciplinary record.

Students who violate sanctions imposed under these procedures 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.

C. 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: http://www.stlawu.edu/title-ix/transcript-notation-appeal-policy.

D. 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.

E. Time Limits

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

F. Records

All records are maintained (for at least 7 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).

G. Interpretation/Other Issues

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

H. Delegation 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 three people on the Review Board who make the decision whether there is sufficient evidence to find someone charged as Responsible for the actions that are alleged.

Advisor of Choice: Individuals may choose an Advisor of Choice (including an attorney). If either party does not have an Advisor of Choice at the hearing, the University will make available an Advisor of the University’s choice, without charge, for the limited purpose of conducting cross-examination in the live hearing. The Advisor of Choice may be the Support Person, as well, but only one person will be allowed to accompany each party to the live hearing.

Affirmative Consent: New York State law provides, and the University adopts, the following definition of affirmative consent:

“Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.”

Consent is free and informed permission. Consent given verbally is evidenced by affirmative agreement to engage in specific sexual activity. Consent through action is active participation in the specific sexual activity. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent to some sexual activity (e.g., kissing, fondling) cannot be presumed consent for other sexual activity (e.g., intercourse). Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.

Certain conditions prevent a person from being able to consent. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.

In considering whether an individual is incapacitated due to drug or alcohol use, the University will look at a number of factors, including but not limited to the type/amount of alcohol and/or drugs used, as well as such outward signs as slurred or incoherent speech, impaired motor skills (e.g. walking, texting), vomiting, loss of consciousness, etc.

Consent cannot be given when it is the result of coercion or force. Coercion is a threat, undue pressure, or intimidation to engage in sexual activity. Coercion is more than an effort to persuade, seduce, entice, or attract another person to engage in sexual activity. A person’s words or conduct are sufficient to constitute coercion if they deprive another individual of the ability to freely choose whether or not to engage in sexual activity. The University expects that any sexual activity (including sexual contact) will be based on mutual, affirmative consent to the specific sexual activity. Sexual activity in the absence of affirmative consent (i.e., “non-consensual sexual activity”) is prohibited. Sexual relationships between students and employees are strongly discouraged.

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.

Formal Complaint: A complaint must be made in writing and signed by the complainant in order to initiate the University’s grievance process of an investigation and adjudication. The complainant may then choose to have supportive measures provided only, to request an Informal Resolution and the terms proposed, or to request a Formal Investigation.

Informal Resolution: Once a Formal, written report is made to the Title IX Coordinator, the University, through the Title IX Coordinator or designee, may offer 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 also agrees to the terms proposed, 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:

Investigation, leading to a decision by the Review Board 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 and Adjudication: Once a Formal, written report is made to the Title IX Coordinator, the University, through the Title IX Coordinator or designee, may offer options to the person making the complaint. She or he can request a Formal Investigation and Adjudication, which involved two 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 relevant to the allegation(s). Both parties may review materials gathered during investigation before the Investigation Report is finalized. The investigators then prepare a report, both parties may read and respond in writing to the report, before sharing with adjudicators who comprise the Sexual Misconduct Review Board; they decide whether there is a Preponderance of Evidence and if they believe there is, what the proportionate sanction should be. If someone charged is found Responsible, she or he may appeal on limited grounds. Those grounds are procedural irregularity that affected the outcome, evidence not reasonably available during the investigation that could affect the outcome, bias on the part of anyone involved in the proceedings, or inappropriateness of sanction imposed or not imposed. Formal Investigations and Review Board processes are completed as expeditiously as possible.

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.

Preponderance of Evidence: The standard of proof used by the Review Board to determine whether an alleged violation of the Sexual Misconduct Policy occurred. This standard evaluates whether it is “more likely than not” that the respondent engaged in the conduct charged.

Responsible: The term used when the Review Board determines there is a preponderance of evidence to support a finding of a violation of the Sexual Misconduct Policy.

Responsible Administrator: Employees who have an obligation to report to the University’s Title IX Coordinator if they hear about or are aware of sexual misconduct and to take action based on those reports They can also assist students by directing them to appropriate resources.

Review Board: Three individuals chosen from a team of trained individuals; they read the Investigation Report, conduct the live hearing that includes opportunities for both parties to make statements, to be questioned, and to be cross-examined. If a party or witness declines to submit to cross-examination at the hearing, the RB will not rely on any statements of that party/witness in reaching a decision regarding responsibility. The Review Board then determines there is a preponderance of evidence to support a finding of a violation of the Sexual Misconduct Policy and if so, the Review Board imposes the sanction.

Supportive Measures: Supportive measures are intended to restore or preserve, to the extent practicable, equal access to the University’s educational programs and activities and protect the safety of all parties without unreasonably burdening the other party or parties. As required by federal regulation, these supportive measures must be non-disciplinary and non-punitive to the parties. If a Complainant does not wish to file a formal complaint and initiate an investigation and Formal Adjudication, the Complainant will, nevertheless, be entitled to receive supportive measures.

Support Person: Individuals may choose a support person to be involved during the investigation only. The support person may not speak for or represent the persons. The University will not communicate directly with support people. Support Person Guidelines are provided. The Support Person does not attend the live hearing nor participate in cross-examination.

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 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” and “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.

Updated August 2020

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.

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Procedures Under the Nondiscrimination, Discriminatory Harassment or Sexual Misconduct Policies (Effective August 14, 2020)

Table of Contents

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

A. Complaints by Students

Investigation

Hearing Procedures

Procedural Matters

Advisors

Questioning Procedures

Hearing Determinations

Notice of Outcome

Appeals

Investigation

Adjudication by the Vice President and Dean of Student Life

Appeals

B. Complaints by Employees

Investigation

Adjudication by Senior Staff Members

Appeals

Adjudication by Vice President

Appeals

C. Complaints by Non-Members of the Community

Adjudication by Vice President

Appeals

II. Procedure for Discrimination Based on Gender, Sexual Orientation, Gender Identity or Gender Expression, or Discrimination or Harassment Related To Any Other Category Protected By Law, Regulation Or Policy

A. Complaints by Students

B. Complaints by Employees

C. Complaints by Non-Members of the Community

III. General Provisions

A. Interim Suspension

B. Sanctions/Discipline

C. Transcript Notations

D. Complaints Involving Multiple Complainants/Respondents/Claims

E. Time Limits

F. Records

G. Interpretation/Other Issues

H. Delegation of Authority and University Counsel

IV. Definitions