The College will treat Complainants and Respondents equitably.
The College presumes that the Respondent is not responsible for the alleged sex-based harassment until a determination is made at the conclusion of its grievance procedures.
It is the goal of the College to complete investigations in a prompt timeframe. Any timeframes or deadlines may be extended when necessary to ensure the integrity and completeness of the investigation, comply with a request by external law enforcement, accommodate the availability of parties and/or witnesses, account for College breaks or vacations, and the complexity of the investigation or severity and extent of the alleged conduct. The assigned Deputy Title IX Coordinator will notify both parties in writing of any College delays.
If a Complainant or Respondent shall request a delay in the investigation or extension of any timeframes, the party must notify the assigned Deputy Title IX Coordinator in writing as soon as practicable, stating the requested new timeframe and reason for the delay or extension. The assigned Deputy Title IX Coordinator will notify the party in writing of the denial or both parties in writing of the approval within three (3) business days of notification of the request. Any delays or extensions will apply equally to both parties.
All requests will be on a case-by-case basis for good cause.
Parties have the opportunity to be accompanied to any meeting or proceeding by one (1) Advisor of their choice, who may be, but is not required to be, an attorney.
- The College will not limit the choice or presence of the Advisor for the Complainant or Respondent in any meeting or proceeding. Both parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available. However, the College has the right to remove any Advisor who does not adhere to the College’s policies and procedures.
- The College cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to advise that party.
- If a party requests that all communication be made through their attorney Advisor instead of to the party, the College will agree to copy both the party and their Advisor on all communications.
- Advisors should help the parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak for the party unless given specific permission to do so.
- The parties are expected to ask and respond to questions on their own behalf throughout the grievance process. Although the Advisor generally may not speak for the party, the Advisor may consult with the party, either privately as needed, or by conferring or passing notes during any meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
Parties have the opportunity to have one (1) support person of their choice, a person other than the Advisor, present during any meeting or proceeding.
Written Notice of Allegations
Upon receipt of a Formal Complaint, the assigned Deputy Title IX Coordinator will notify the parties in writing of the following, with sufficient time for the parties to prepare a response before any initial interview:
- Notice of the party’s rights and options
- Notice of the College’s grievance process
- Notice of the College’s informal resolution process and options
- Notice of the allegations of sexual harassment, including: the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the incident, if known
- Notice that the Respondent is presumed not responsible of the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process
- Notice that the parties may have an Advisor of their choice, who may be, but is not required to be, an attorney, and that the Advisor may inspect and review evidence
- Notice of the College’s Student Code of Conduct provision that prohibits knowingly making false statements or knowingly submitting false information during the grievance process
If, in the course of an investigation, the College decides to investigate additional allegations of sexual harassment by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated complaint, the assigned Deputy Title IX Coordinator will provide written notice of the additional allegations to the parties.
Investigation
The College will conduct an investigation following a Formal Complaint and Notice of Allegations. The assigned Deputy Title IX Coordinator will assign an Investigator(s) to conduct the investigation. During all meetings and interviews, the parties may be accompanied by an Advisor of their choice, which can be, but is not required to be an attorney. During the investigation stage of the grievance process, the Advisor’s role is limited to assisting, advising, and/ or supporting a Complainant or Respondent. An Advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent during the investigation phase of the grievance process.
Each party will be provided an equal opportunity to provide information to the Investigator and present witnesses for the Investigator to interview. The information provided by the parties can include inculpatory and exculpatory evidence. The witnesses can include both fact witnesses and expert witnesses.
Each party will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence upon which the College does not intend to rely upon in reaching a determination regarding responsibility. This review includes inculpatory and exculpatory evidence that is obtained by a party, witness, or other source. Each party and their Advisor (if any) will be provided an electronic copy of the evidence for inspection and review. The parties will have ten (10) business days to review and submit a written response to the Investigator. The Investigator will consider the written responses prior to completing an investigative report. All evidence provided during the inspection and review phase will be available at any hearing for the parties to use during the hearing, including for purposes of cross-examination.
Following the opportunity to inspect and review evidence directly related to the allegations raised in the Formal Complaint, the Investigator will create an investigative report that fairly summarizes relevant evidence obtained during the investigation.
At least ten (10) business days prior to a hearing, the Investigator will provide each party and the party’s Advisor (if any) an electronic copy of the investigative report that includes the parties' review and written response, if any.