Initial Evaluation: When a report has been made, the assigned Deputy Title IX Coordinator will contact the Complainant for an initial discussion to provide information of their rights and options, availability of supportive measures, consideration of the Complainant’s wishes with respect to supportive measures, explanation of the policy and grievance procedures, and the process for filing a Formal Complaint.
During the initial discussion with the Complainant, the assigned Deputy Title IX Coordinator will gather facts that will enable the assigned Deputy Title IX Coordinator to evaluate the allegations and make a determination on whether to dismiss the complaint or investigate the complaint. A Formal Complaint must contain an allegation of sexual harassment against a Respondent, a request for the College to investigate the allegation, and be signed by the Complainant or the assigned Deputy Title IX Coordinator. A Complainant may only file a formal complaint if the Complainant is participating or attempting to participate in the College’s education program or activity.
In limited circumstances, if a Complainant does not sign a Formal Complaint, the assigned Deputy Title IX Coordinator may sign a Formal Complaint. To make a fact-specific determination, the assigned Deputy Title IX Coordinator must consider, at a minimum, the following factors:
- the Complainant’s request not to proceed with initiation of a complaint;
- the Complainant’s reasonable safety concerns regarding initiation of a complaint;
- The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
- The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
- The age and relationship of the parties, including whether the Respondent is an employee of the College;
- The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
- The availability of evidence to assist in a Decisionmaker in determining whether sex discrimination occurred; and
- Whether the College could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.
Mandatory Complaint Dismissals
The assigned Deputy Title IX Coordinator will dismiss a Formal Complaint for purposes of sexual harassment if:
- The conduct alleged in the Formal Complaint would not constitute sexual harassment as defined in these Procedures, even if proved;
- The conduct alleged did not occur in the College’s education program or activity; or
- The conduct alleged in the Formal Complaint did not occur against a person in the United States.
Permissive Complaint Dismissals
The assigned Deputy Title IX Coordinator may dismiss a Formal Complaint or any allegation within the Formal Complaint, if at any time during the investigation or hearing:
- A Complainant notifies the assigned Deputy Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations in the Formal Complaint;
- The Respondent is no longer enrolled in the College; or
- Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations within the Formal Complaint.
Upon dismissal, the assigned Deputy Title IX Coordinator will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the assigned Deputy Title IX Coordinator will notify the parties simultaneously in writing.
The assigned Deputy Title IX Coordinator will notify the Complainant that a dismissal may be appealed on the basis outlined in Section M of these Procedures. If dismissal occurs after the Respondent has been notified of the allegations, then the assigned Deputy Title IX Coordinator will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, the College will follow the procedures outlined in Section M of these Procedures.
When a complaint is dismissed, the College will, at a minimum:
- Offer supportive measures to the Complainant as appropriate;
- If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
- Take other prompt and effective steps, as appropriate, through the Title IX Coordinator or the assigned Deputy Title IX Coordinator to ensure that sexual harassment does not continue or recur within the College’s education program or activity.