Sexual Misconduct Policy

Missouri Valley College (“MVC” or the “College”) is committed to providing a learning,  working, and living environment that promotes personal integrity, civility, and mutual  respect in an environment free of Sexual Harassment. Consistent with the U.S.  Department of Education’s implementing regulations for Title IX of the Education Amendments of 1972 (“Title IX”) (see 34 C.F.R. § 106 et seq.),  the College prohibits Sexual Harassment that occurs within its education programs and  activities. As further defined herein, Sexual Misconduct includes Quid Pro Quo Sexual  Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence,  and Stalking. Administrators, faculty member, staff, students, contractors, guests, and  other members of the College community who commit Sexual Harassment are subject  to the full range of College discipline including verbal reprimand; written reprimand;  mandatory training, coaching, or counseling; mandatory monitoring; partial or full  probation; partial or full suspension; fines; permanent separation from the institution  (i.e., termination or dismissal); physical restriction from College property; cancellation of  contracts; and any combination of the same. 

The College will provide persons who have experienced Sexual Harassment ongoing  remedies as reasonably necessary to restore or preserve access to the College’s  education programs and activities. 

Scope 

This policy applies to Sexual Harassment that occurs within the College’s Education  Programs and Activities and that is committed a student, faculty member, staff member,  administrator, contractor, guest or other member of the College community. This policy  does not apply to Sexual Harassment that occurs off-campus, in a private setting, and  outside the scope of the College’s Education Programs and Activities; such Sexual  Misconduct may be prohibited by the Student Code of Conduct if committed by a student, the Faculty Handbook if committed by a faculty member, or other College  policies and standards if committed by an employee. 

Consistent with the U.S. Department of Education’s implementing regulations for Title  IX, this policy does not apply to Sexual Harassment that occurs outside the geographic  boundaries of the United States, even if the Sexual Harassment occurs in the College’s  Education Programs and Activities, such as a study abroad program. Sexual  Harassment that occurs outside the geographic boundaries of the United States is governed by the Student Code of Conduct if committed by a student, the Faculty 

Handbook if committed by a faculty member, or other College policies and standards if  committed by an employee. 

The policy prohibits Sexual Harassment when the Complainant and Respondent are  members of the same or opposite sex, and it applies regardless of national origin,  immigrations status, or citizenship status. 

Reporting Sexual Harassment 

Any person may report Sexual Harassment to the Title IX Coordinator. Reports may be  made in person, by regular mail, telephone, electronic mail, or by any other means that  results in the Title IX Coordinator receiving the person’s verbal or written report. In person reports must be made during normal business hours, but reports can be made  by regular mail, telephone, or electronic mail at any time, including outside normal  business hours. 

The name and contact information for the Title IX Coordinator is: 

Dr. Terry Russell 
Vice President of Student Affairs/Dean of Students/Title IX Coordinator
(660) 831-4087 
500 E. College Street 
Marshall, MO 65340 
russellt@moval.edu
Located in the Student Affairs Office in the Malcolm Center 

The College has also designated the following Deputy Title IX Coordinators to assist the  Title IX Coordinator in carrying out his/her duties under this policy: 

Gabi Morales 
Director of Student Success/Title IX Deputy Coordinator 
(660) 831-4199 
500 E. College Street 
Marshall, MO 65340 
moralesg@moval.edu
Located in the Student Success Office in the Welcome Center

James Rowlett Director of Student Activities/Title IX Deputy Coordinator 
(660) 831-4009 
rowlettj@moval.edu
Located in the Student Affairs Office in the Malcolm Center

College Community members can also report Sexual Harassment to:

Katie Kirby 
Student Health Counselor 
(660) 831-4082 
Kathryn.kirby@burrellcenter.com 
Located in the Student Health Office in the Malcolm Center 

Paul List 
Campus Chaplain 
(660) 831-4276 
listp@moval.edu
Located in the Ferguson Center  

A person may also file a complaint of sex discrimination with the United States  Department of Education’s Office for Civil Rights regarding an alleged violation of Title  IX by visiting www2.ed.gov/about/offices/list/ocr/ complaintintro.html or by calling 1-800- 421-3481.In addition to reporting to the Title IX Coordinator, any person may report  Sexual Harassment to any College employee, who must promptly forward such report of Sexual Harassment to the  Title IX Coordinator. 

MVC encourages timely reporting of sexual misconduct because the College can most  effectively investigate and respond to an incident if the complaint is made as promptly  as possible after the incident occurs. Delayed reporting may limit the College’s ability to  investigate and respond to the conduct complained of. 

Special Guidance for Individuals Reporting Sexual Assault, Domestic Violence, Dating  Violence, or Stalking.

If you believe you are the victim of Sexual Assault, Domestic Violence, or Dating  Violence, do everything possible to preserve evidence by making certain that the crime  scene is not disturbed. Preservation of evidence may be necessary for proof of the  crime or in obtaining a protection order. For those who believe that they are victims of  Sexual Assault, Domestic Violence, or Dating Violence, the College recommends the  following: 

● Get to a safe place as soon as possible. 

● Try to preserve all physical evidence of the crime—avoid bathing, using the toilet,  rinsing one’s mouth or changing clothes. If it is necessary, put all clothing that was worn at the time of the incident in a paper bag, not a plastic one. 

● Do not launder or discard bedding where the assault occurred - preserve for law enforcement.

● Preserve all forms of electronic communication that occurred before, during, or after  the assault 

● Contact law enforcement by calling 911. 

● Get medical attention - all medical injuries are not immediately apparent. This is also necessary to collect evidence in case the individual decides to press charges.  Local hospitals have evidence collection kits necessary for criminal prosecution should  the victim wish to pursue charges. Take a full change of clothing, including shoes, for  use after a medical examination. 

● Contact a trusted person, such as a friend or family member for support. 

● Talk with a professional licensed counselor, College chaplain, or resident health  care provider who can help explain options, give information, and provide emotional  support. 

● Make a report to the Title IX Coordinator. 

● Explore this policy and avenues for resolution under the Title IX Grievance Process. 

Rape examinations are available at Fitzgibbon Hospital located at 2305 S Highway 65, Marshall, MO 65340, and having such an examination does not require an individual to press charges. 

It is also important to take steps to preserve evidence in cases of stalking, to the extent such evidence exists. Such evidence is more likely to be in the form of letters, emails, text messages, etc. rather than evidence of physical contact and violence. This type of non-physical evidence will also be useful in all types of Sexual Harassment investigations. 

Once a report of Sexual Assault, Domestic Violence, Dating Violence, or Stalking is  made, the victim has several options such as, but not limited to: 

● obtaining Supportive Measures 

● contacting parents or a relative 

● seeking legal advice 

● seeking personal counseling (always recommended) 

● pursuing legal action against the perpetrator 

● filing a Formal Complaint

● requesting that no further action be taken 

The College’s Department of Public Safety can assist individuals in obtaining a personal  protection order. 

Definitions of Terms 

Sexual Harassment is conduct on the basis of sex that constitutes Quid Pro Quo Sexual  Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic  Violence, Dating Violence, or Stalking. 

Quid Pro Quo Sexual Harassment is an employee of the College conditioning the  provision of an aid, benefit, or service of the College on an individual’s participation in  unwelcome sexual contact. 

Hostile Environment Sexual Harassment is unwelcome conduct determined by a  reasonable person to be so severe, pervasive, and objectively offensive that it  effectively denies a person access to the College’s education programs and activities. In  determining whether a hostile environment exists, the College will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the Complainant; the nature and severity of the conduct at issue; the frequency and  duration of the conduct; the relationship between the parties (including accounting for  whether one individual has power or authority over the other); the respective ages of the  parties; the context in which the conduct occurred; and the number of persons affected.  The College will evaluate the totality of circumstances from the perspective of a  reasonable person in the Complainant’s position. A person’s adverse subjective  reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile  environment. 

The College encourages members of the College Community to report any and all  instances of Sexual Harassment, even if they are unsure whether the conduct rises to  the level of a policy violation. Some specific examples of conduct that may constitute  Sexual Harassment if unwelcome include, but are not limited to: 

● Unreasonable pressure for a dating, romantic, or intimate relationship or sexual  contact 

● Unwelcome kissing, hugging, or massaging 

● Sexual innuendos, jokes, or humor 

● Displaying sexual graffiti, pictures, videos, or posters 

● Using sexually explicit profanity

● Asking about, or telling about, sexual fantasies, sexual preferences, or sexual  activities 

● E-mail and Internet use that violates this policy 

● Leering or staring at someone in a sexual way, such as staring at a person’s breasts  or groin 

● Sending sexually explicit emails, text messages, or social media posts ● Commenting on a person’s dress in a sexual manner 

● Giving unwelcome personal gifts such as lingerie that suggest the desire for a  romantic relationship 

● Insulting, demeaning, or degrading another person based on gender or gender  stereotypes Sexual Assault includes the sex offenses of Rape, Sodomy, Sexual Assault  with an Object, Fondling, Incest, and Statutory Rape.1 Rape is the carnal knowledge of  a person, without the consent of the victim, including instances where the victim is  incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the  slightest penetration of the vagina or penis by the sexual organ of the other person.  Attempted Rape is included. 

• Sodomy is oral or anal sexual intercourse with another person, without the consent of  the victim, including instances where the victim is incapable of giving consent because  of his/her age or because of his/her temporary or permanent mental or physical  incapacity. 

• Sexual Assault with an Object is using an object or instrument to unlawfully penetrate,  however slightly, the genital or anal opening of the body of another person, without the  consent of the victim, including instances where the victim is incapable of giving consent  because of his/her age or because of his/her temporary or permanent mental or  physical incapacity. An “object” or “instrument” is anything used by the offender other  than the offender’s genitalia. 

• Fondling is the touching of the private body parts of another person for the purpose of  sexual gratification, without the consent of the victim, including instances where the  victim is incapable of giving consent because of his/her age or because of his/her  temporary or permanent mental or physical incapacity. 

• Incest is sexual intercourse between persons who are related to each other within the  degrees wherein marriage is prohibited by Missouri law. 

• Statutory Rape is sexual intercourse with a person who is under the statutory age of  consent as defined by Missouri law.

The College’s definition of “Sexual Assault” is mandated by federal regulations  implementing Title IX of the Education Amendments of 1972. Those regulations require  the College to adopt a definition of “Sexual Assault” 

that incorporates various forcible and non-forcible sex crimes as defined by the FBI’s  Uniform Crime Reporting System. See 34 C.F.R. § 106.30(a). 

Domestic Violence is felony or misdemeanor crimes of violence committed by a current  or former spouse or intimate partner of the victim, by a person with whom the victim  shares a child in common, by a person who is cohabitating with or has cohabitated with  the victim as a spouse or intimate partner, by a person similarly situated to a spouse of  the victim under the domestic or family violence laws of Missouri, or by any other person  against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Missouri. 

Dating Violence is violence committed by a person who is or has been in a social  relationship of a romantic or intimate nature with the victim. The existence of such a  relationship will be determined based on a consideration of the following factors: the  length of the relationship; the type of relationship; and the frequency of interaction  between the persons involved in the relationship. 

Stalking is engaging in a course of conduct directed at a specific person that would  cause a reasonable person to fear for their safety or the safety of others or suffer  substantial emotional distress. 

Consent refers to the expectation that all individuals participating in sexual activity give  and receive consent prior to and during any type of said activity. Consent is defined as  when, through mutually understandable words or actions, that a reasonable person in  the perspective of the Respondent would understand as agreement and permission to  engage in mutually agreed upon sexual activity; the acknowledgment and approval of  actions, without coercion, force, intimidation, and opportunity to say no. A person who is  Incapacitated is not capable of giving Consent. Individuals must be awake, have the mental capacity to make such decisions, and not be impaired by alcohol, drugs, or other  intoxicants. 

Consent may be withdrawn at any time before or during said activity. Consent to some  form of sexual activity does not necessarily imply consent to other forms of sexual  activity. Current or previous sexual relations do not imply consent; consent is not open ended and must be obtained each time sexual activity occurs. Being in a romantic  relationship with someone does not imply consent. 

Lack of consent is a critical factor in determining whether Sexual Harassment has  occurred. A verbal “no” constitutes lack of consent, even if it sounds insincere or 

indecisive. Silence or an absence of resistance does not imply consent. When consent  is withdrawn, sexual activity must immediately stop. 

Incapacitated refers to the state where a person does not appreciate the nature or fact  of sexual activity due to the effect of drugs or alcohol consumption, medical condition or  disability, or due to a state of unconsciousness or sleep. 

Incapacitation can only be found when the Respondent knew or should have known that  the Complainant was incapacitated when viewed from the position of a sober,  reasonable person. One’s own intoxication is not an excuse for failure to recognize  another person’s incapacitation. 

Incapacitation may result from the use of alcohol and/or other drugs; however,  consumption of alcohol of other drugs, inebriation, or intoxication alone are insufficient  to establish incapacitation. Incapacitation is beyond mere drunkenness or intoxication.  The impact of alcohol or drugs varies from person to person, and evaluating  incapacitation requires an assessment of how consumption of alcohol and/or drugs  impacts an individual’s: 

● Decision-making ability 

● Awareness of consequences 

● Ability to make informed judgments 

● Capacity to appreciate the nature of circumstances of the act. 

No single factor is determinative of incapacitation. Some common signs that someone  may be incapacitated include slurred speech, confusion, shaky balance, stumbling or  falling down, vomiting, and unconsciousness. 

Retaliation is intimidation, threats, coercion, or discrimination against any individual for  the purpose of interfering with any right or privilege secured by Title IX and its  implementing regulations or because an individual has made a report or complaint,  testified, assisted, or participated or refused to participate in any manner in an  investigation, proceeding, or hearing under this policy. 

Complainant means an individual who is alleged to be the victim of conduct that could  constitute Sexual Harassment. 

Respondent means an individual who has been reported to be the perpetrator of  conduct that could constitute Sexual Harassment. 

Formal Complaint means a document filed by a Complainant or signed by the Title IX  Coordinator alleging Sexual Harassment against a Respondent and requesting that the 

College investigate the allegation of Sexual Harassment in accordance with this policy.  At the time of filing a Formal Complaint, a Complainant must be participating in or  attempting to participate in the College’s education programs and activities. A  “document filed by a Complainant” means a document or electronic submission (such  as an email) that contains the Complainant’s physical or electronic signature or  otherwise indicates that the Complainant is the person filing the Complaint. 

Supportive Measures are non-disciplinary, non-punitive individualized services offered,  as appropriate, and reasonably available, and without fee or charge, that are designed  to restore or preserve equal access to the College’s Education Programs and Activities  without unreasonably burdening another party, including measures designed to protect  the safety of all parties implicated by a report or the College’s education environment, or  

to deter Sexual Harassment. Supportive measures may include: counseling, extensions  of academic or other deadlines, course-related adjustments, modifications to work or  class schedules, campus escort services, changes in work or housing locations, leaves  of absence, increased security and monitoring of certain areas of campus, and other  similar measures. Supportive Measures may also include mutual restrictions on contact  between the parties implicated by a report. 

Education Programs and Activities refers to all the operations of the College, including,  but not limited to, in-person and online educational instruction, employment, research  activities, extracurricular activities, athletics, residence life, dining services,  performances, and community engagement and outreach programs. The term applies  to all activity that occurs on campus or on other property owned or occupied by the  College. It also includes off-campus locations, events, or circumstances over which the  College exercises substantial control over the Respondent and the context in which the  Sexual Harassment occurs, including Sexual Harassment occurring in any building  owned or controlled by a student organization that is officially recognized by the  College. 

Preliminary Assessment 

Upon receipt of a report of Sexual Harassment, the Title IX Coordinator will conduct a  preliminary assessment to determine: 

● Whether the conduct, as reported, falls or could fall within the scope of the policy specified above; and 

● Whether the conduct, as reported, constitutes or could constitute Sexual Harassment. 

If the Title IX Coordinator determines that the conduct reported could not fall within the  scope of the policy, and/or could not constitute Sexual Harassment, even if investigated,  the Title Coordinator will close the matter and may notify the reporting party if doing so 

is consistent with the Family Educational Rights and Privacy Act (“FERPA”). The Title IX  Coordinator may refer the report to other College offices, as appropriate. 

If the Title IX Coordinator determines that the conduct reported could fall within the  scope of the policy, and/or could constitute Sexual Harassment, if investigated, the Title  IX Coordinator will proceed to contact the Complainant. 

As part of the preliminary assessment, the Title IX Coordinator may take investigative  steps to determine the identity of the Complainant, if such identity is not apparent from  the report. 

Contacting the Complainant 

If a report is not closed as a result of the preliminary assessment specified above and  the Complainant’s identity is known, the Title IX Coordinator will promptly contact the  Complainant to discuss the availability of Supportive Measures specified below; to  discuss and consider the Complainant’s wishes with respect to such Supportive  Measures; to inform the Complainant of the availability of such Supportive Measures  with or without filing a Formal Complaint; and to explain the process for filing and  pursuing a Formal Complaint. The Complainant will also be provided options for filing  complaints with the local police and information about resources that are available on campus and in the community. 

Supportive Measures 

If a report is not closed as a result of the preliminary assessment specified above, the  College will offer and make available Supportive Measures to the Complainant  regardless of whether the Complainant elects to file a Formal Complaint. 

Contemporaneously with the Respondent being notified of a Formal Complaint, the Title  IX Coordinator will notify the Respondent of the availability of Supportive Measures for  the Respondent, and the College will offer and make available Supportive Measures to  the Respondent in the same manner in which it offers and makes them available to the  Complainant. The College will also offer and make available Supportive Measures to  the Respondent prior to the Respondent being notified of a Formal Complaint, if the  Respondent requests such measures. 

The College will maintain the confidentiality of Supportive Measures provided to either a  Complainant or Respondent, to the extent that maintaining such confidentiality does not  impair the College’s ability to provide the Supportive Measures in question. 

Interim Removal 

At any time after receiving a report of Sexual Harassment, the Title IX Coordinator may  remove a student Respondent from the College’s education programs and activities on 

a temporary basis if an individualized safety and risk analysis determines that an  immediate threat to the physical health or safety of any student or other individual  arising from the allegations of Sexual Harassment justifies removal. In the event the  Title IX Coordinator imposes an interim removal, the Title IX Coordinator must offer to  meet with the Respondent within twenty-four (24) hours and provide the Respondent an  opportunity to challenge the interim removal. 

In the case of a Respondent who is a non-student employee (administrator, faculty, or  staff), and in its discretion, the College may place the Respondent on administrative  leave at any time after receiving a report of Sexual Harassment, including during the  pendency of the investigation and adjudication process. 

For all other Respondents, including independent contractors and guests, the College  retains broad discretion to prohibit such persons from entering onto its campus and  other properties at any time, and for any reason, whether after receiving a report of  Sexual Harassment or otherwise. 

Formal Complaint 

A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that  the College investigate and adjudicate a report of Sexual Harassment in accordance  with this policy. Provided, however, that at the time the Complainant submits a Formal  Complaint, the Complainant must be participating in, or attempting to participate in, one  or more of the College’s education programs or activities. 

A Complainant may file a Formal Complaint with the Title IX Coordinator in person, by  regular mail, or by email using the contact information specified above. No person may  submit a Formal Complaint on the Complainant’s behalf. 

In any case, including a case where a Complainant elects not to file a Formal  Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the College  if doing so is not clearly unreasonable. Such action will normally be taken in limited  circumstances involving serious or repeated conduct or where the alleged perpetrator  may pose a continuing threat to the College Community. If the Complainant or the Title  IX Coordinator files a Formal Complaint, then the College will commence an  investigation and proceed to adjudicate the matter as specified herein. In all cases  where a 

Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the  party’s level of participation. In a case where the Title IX Coordinator files a Formal  Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party  for purposes of the investigation and adjudication processes. 

Consolidation of Formal Complaints

The College may consolidate Formal Complaints as to allegations of Sexual  Harassment against more than one Respondent, or by more than one Complainant  against one or more Respondents, or by one party against the other party, where the  allegations of Sexual Harassment arise out of the same facts or circumstances. Where  the investigation and adjudication process involve more than one Complainant or more  than one Respondent, references in this policy to the singular “party,” 

“Complainant,” or “Respondent” include the plural, as applicable. A Formal Complaint of Retaliation may be consolidated with a Formal Complaint of Sexual Harassment. 

Dismissal Prior to Commencement of Investigation 

In a case where the Complainant files a Formal Complaint, the Title IX Coordinator will  evaluate the Formal Complaint and must dismiss it if the Title IX Coordinator  determines: 

● The conduct alleged in the Formal Complaint would not constitute Sexual  Harassment, even if proved; or 

● The conduct alleged in the Formal Complaint falls outside the scope of the policy (i.e., because the alleged conduct did not occur in the College’s Education Programs and Activities and/or the alleged conduct occurred outside the geographic boundaries of the United States). 

In the event the Title IX Coordinator determines the Formal Complaint should be  dismissed pursuant to this section, the Title IX Coordinator will provide written notice of  dismissal to the parties and advise them of their right to appeal as specified below. The  Title IX Coordinator may refer the subject matter of the Formal Complaint to other  College offices, as appropriate. A dismissal pursuant to this section is presumptively a  final determination for purposes of this policy, unless otherwise specified in writing by  the Title IX Coordinator in the written notice of dismissal. 

Notice of Formal Complaint 

Within five (5) days of the Title IX Coordinator receiving a Formal Complaint, the Title IX  Coordinator will transmit a written notice to the Complainant and Respondent that  includes: 

● A physical copy of this policy or a hyperlink to this policy; 

● Sufficient details known at the time so that the parties may prepare for an initial  interview with the investigator, to include the identities of the parties involved in the  incident (if known), the conduct allegedly constituting Sexual Harassment, and the date  and location of the alleged incident (if known);

● A statement that the Respondent is presumed not responsible for the alleged Sexual Harassment and that a determination of responsibility will not be made until the conclusion of the adjudication and any appeal; 

● Notifying the Complainant and Respondent of their right to be accompanied by an advisor of their choice. 

● Notifying the Complainant and Respondent of their right to inspect and review  evidence. 

● Notifying the Complainant and Respondent of the College’s prohibitions on retaliation and false statements specified herein. 

● Information about resources that are available on campus and in the community. 

Should the College elect, at any point, to investigate allegations that are materially  beyond the scope of the initial written notice, the College will provide a supplemental  written notice describing the additional allegations to be investigated. 

Investigation 

A. Commencement and Timing 

After the written notice of Formal Complaint is transmitted to the parties, an investigator  selected by the Title IX Coordinator will undertake an investigation to gather evidence  relevant to the alleged misconduct, including inculpatory and exculpatory evidence. The  burden of gathering evidence sufficient to reach a determination in the adjudication lies  with the College and not with the parties. The investigation will culminate in a written investigation report that will be submitted to the adjudicator during the selected adjudication process. Although the length of each investigation may vary depending on the totality of the circumstances, the College strives to complete each investigation  within thirty (30) to forty-five (45) days of the transmittal of the written notice of Formal Complaint. 

B. Equal Opportunity 

During the investigation, the investigator will provide an equal opportunity for the parties  to be interviewed, to present witnesses (including fact and expert witnesses), and to  present other inculpatory and exculpatory evidence. Notwithstanding the foregoing, the investigator retains discretion to limit the number of witness interviews the investigator conducts if the investigator finds that testimony would be unreasonably cumulative, if  the witnesses are offered solely as character references and do not have information  relevant to the allegations at issue, or if the witnesses are offered to render testimony  that is categorically inadmissible, such as testimony concerning sexual history of the

Complainant. The investigator will not restrict the ability of the parties to gather and present relevant evidence on their own. 

The investigation is a party’s opportunity to present testimonial and other evidence that  the party believes is relevant to resolution of the allegations in the Formal Complaint. A  party that is aware of and has a reasonable opportunity to present particular evidence  and/or identify particular witnesses during the investigation, and elects not to, will be  prohibited from introducing any such evidence during the adjudication absent a showing  of mistake, inadvertence, surprise, or excusable neglect. 

C. Documentation of Investigation 

The investigator will take reasonable steps to ensure the investigation is documented.  Interviews of the parties and witnesses may be documented by the investigator’s notes,  audio recorded, video recorded, or transcribed. The particular method utilized to record  the interviews of parties and witnesses will determined by the investigator in the investigator’s sole discretion, although whatever method is chosen shall be used consistently throughout a particular investigation. 

D. Access to the Evidence 

At the conclusion of the evidence-gathering phase of the investigation, but prior to the  completion of the investigation report, the Investigating Officer will transmit to each party  and their advisor, in either electronic or hard copy form, all evidence obtained as part of  the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence the College may choose not to rely on at any hearing and inculpatory or exculpatory evidence whether obtained from a party or some other source.  Thereafter, the parties will have ten (10) days in which to submit to the investigator a  written response, which the investigator will consider prior to completing the  investigation report. 

The parties and their advisors are permitted to review the evidence solely for the  purposes of this grievance process and may not duplicate or disseminate the evidence  to the public. 

E. Investigation Report 

After the period for the parties to provide any written response has expired, the  investigator will complete a written investigation report that fairly summarizes the  various steps taken during the investigation, summarizes the relevant evidence  collected, lists material facts on which the parties agree, and lists material facts on  which the parties do not agree. When the investigation report is complete, the  investigator will transmit a copy to the Title IX Coordinator. The investigator will also 

transmit the investigation report to each party and their advisor, in either electronic or  hard copy form. 

Adjudication Process Selection 

After the investigator has sent the investigation report to the parties, the Title IX  Coordinator will transmit to each party a notice advising the party of the two different  adjudication processes I. The notice will explain that the hearing process is the default  process for adjudicating all Formal Complaints and will be utilized unless both parties  voluntarily consent to administrative adjudication as a form of informal resolution. The  notice will be accompanied by a written consent to administrative adjudication and will  advise each party that, if both parties execute the written consent to administrative  adjudication, then the administrative adjudication process will be used in in lieu of the  hearing process. Parties are urged to carefully review this policy, consult with their  advisor, and consult with other persons as they deem appropriate (including an  attorney) prior to consenting to administrative adjudication. 

Each party will have three (3) days from transmittal of the notice specified in this section  to return the signed written consent form to the Title IX Coordinator. If either party does  not timely return the signed written consent, that party will be deemed not to have  consented to administrative adjudication and the Formal Complaint will be adjudicated  pursuant to the hearing process. 

Adjudication 

A. Hearing Process 

The default process for adjudicating Formal Complaints is the hearing process specified  in this section. The hearing process will be used to adjudicate all Formal Complaints  unless both parties timely consent to administrative adjudication as specified above. 

1. Hearing Officer 

After selection of the hearing process as the form of administrative adjudication, the  Title IX Coordinator will promptly appoint a hearing officer who will oversee the hearing  process and render a determination of responsibility for the allegations in the Formal  Complaint, at the conclusion of the hearing process. The Title IX Coordinator will see  that the hearing officer is provided a copy of the investigation report and a copy of all  evidence transmitted to the parties by the investigator. 

2. Hearing Notice and Response to the Investigation Report 

After the hearing officer is appointed by the Title IX Coordinator, the hearing officer will promptly transmit written notice to the parties notifying the parties of the hearing officer’s  appointment; setting a deadline for the parties to submit any written response to the 

investigation report; setting a date for the pre-hearing conference; setting a date and  time for the hearing; and providing a copy of the College’s Hearing Procedures. Neither  the pre-hearing conference, nor the hearing itself, may be held any earlier than ten (10)  days from the date of transmittal of the written notice specified in this section. 

A party’s written response to the investigation report must include: 

● To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement; 

● Any argument that evidence should be categorically excluded from consideration at  the hearing based on privilege, relevancy, the prohibition on the use of sexual history, or  for any other reason; 

● A list of any witnesses that the party contends should be requested to attend the  hearing pursuant to an attendance notice issued by the hearing officer; 

● A list of any witnesses that the party intends to bring to the hearing without an  attendance notice issued by the hearing officer; 

● Any objection that the party has to the College’s Hearing Procedures; 

● Any request that the parties be separated physically during the pre-hearing conference and/or hearing; 

● Any other accommodations that the party seeks with respect to the pre-hearing conference and/or hearing; 

● The name and contact information of the advisor who will accompany the party at the pre-hearing conference and hearing; 

● If the party does not have an advisor who will accompany the party at the hearing, a request that the College provide an advisor for purposes of conducting questioning. 

A party’s written response to the investigation report may also include: 

● Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence; and 

● Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment. 

3. Pre-Hearing Conference 

Prior to the hearing, the hearing officer will conduct a pre-hearing conference with the

parties and their advisors. The pre-hearing conference will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors. By default, the pre-hearing conference will be conducted with the hearing officer, the parties, the advisors, and other necessary College personnel together in the same physical location. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio. In the hearing officer’s discretion, the pre-hearing conference may be conducted  virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology. During the pre-hearing conference, the hearing officer will discuss the hearing  procedures with the parties; address matters raised in the parties’ written responses to  the investigation report, as the hearing officer deems appropriate; discuss whether any stipulations may be made to expedite the hearing; discuss the witnesses the parties have requested be served with notices of attendance and/or witnesses the parties plan to bring to the hearing without a notice of attendance; and resolve any other matters that the hearing officer determines, in the hearing officer’s discretion, should be resolved before the hearing. 

4. Issuance of Notices of Attendance 

After the pre-hearing conference, the hearing officer will transmit notices of attendance  to any College employee (including administrator, faculty, or staff) or student whose attendance is requested at the hearing as a witness. The notice will advise the subject of the specified date and time of the hearing and advise the subject to contact the hearing officer immediately if there is a material and unavoidable conflict. The subject of an attendance notice should notify any manager, faculty  member, coach, or other supervisor, as necessary, if attendance at the hearing will  conflict with job duties, classes, or other obligations. All such managers, faculty  members, coaches, and other supervisors are required to excuse the subject of the obligation, or provide some other accommodation, so that the subject may attend the hearing as specified in the notice. The College will not issue a notice of attendance  to any witness who is not an employee or a student. 

5. Hearing 

After the pre-hearing conference, the hearing officer will convene and conduct a hearing pursuant to the College’s Hearing Procedures. The hearing will be audio recorded or transcribed. The audio recording or transcript will be made available to the parties for inspection and review on reasonable notice, including for use in preparing any subsequent appeal. The hearing will be conducted live, with simultaneous  and contemporaneous participation by the parties and their advisors. By default, the 

hearing will be conducted with the hearing officer, the parties, the advisors, witnesses,  and other necessary College personnel together in the same physical location.  However, upon request of either party, the parties will be separated into different rooms  with technology enabling the parties to participate simultaneously and  contemporaneously by video and audio. 

In the hearing officer’s discretion, the hearing may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology. 

While the Hearing Procedures and rulings from the hearing officer will govern the particulars of the hearing, each hearing will include, at a minimum: 

● Opportunity for each party to address the hearing officer directly and to respond to questions posed by the hearing officer; 

● Opportunity for each party’s advisor to ask directly, orally, and in real time, relevant questions, and follow up questions, of the other party and any witnesses, including questions that support or challenge credibility; 

● Opportunity for each party to raise contemporaneous objections to testimonial or non-testimonial evidence and to have such objections ruled on by the hearing officer  and a reason for the ruling provided; 

● Opportunity for each party to submit evidence that the party did not present during the investigation due to mistake, inadvertence, surprise, or excusable neglect; ● Opportunity for each party to make a brief closing argument. 

Except as otherwise permitted by the hearing officer, the hearing will be closed to all persons except the parties, their advisors, the investigator, the hearing officer, the Title IX Coordinator, and other necessary College personnel. With the exception of the investigator and the parties, witnesses will be sequestered until such time as their testimony is complete. During the hearing, the parties and their advisors will  have access to the investigation report and evidence that was transmitted to them  pursuant to this policy. While a party has the right to attend and participate in the  hearing with an advisor, a party and/or advisor who materially and repeatedly violates  the rules of the hearing in such a way as to be materially disruptive, may be barred from  further participation and/or have their participation limited, as the case may be, in the discretion of the hearing officer. Subject to the minimum requirements specified in this  section, the hearing officer will have sole discretion to determine the manner and  particulars of any given hearing, including with respect to the length of the hearing, the  order of the hearing, and questions of admissibility. The hearing officer will  independently and contemporaneously screen questions for relevance in addition to  resolving any contemporaneous objections raised by the parties and will explain the rational for any evidentiary rulings. The hearing is not a formal judicial proceeding and  strict rules of evidence do not apply. The hearing officer will have discretion to modify  the Hearing Procedures, when good cause exists to do so, and provided the minimal  requirements specified in this section are met. 

6. Subjection to Questioning

In the event that any party or witness refuses to attend the hearing, or attends but  refuses to submit to questioning by the parties’ advisors, the statements of that party or witness, as the case may be, whether given during the investigation or during the hearing, will not be considered by the hearing officer in reaching a determination of responsibility. Notwithstanding the foregoing, the hearing officer may consider the  testimony of any party or witness, whether given during the investigation or during the  hearing, if the parties jointly stipulate that the testimony may be considered or in the  case where neither party requested attendance of the witness at the hearing. In applying this section, the hearing officer will not draw an inference about the determination regarding responsibility based solely on a party or a witness’s absence from the live hearing and/or refusal to submit to questioning by the parties’ advisors. 

7. Deliberation and Determination 

After the hearing is complete, the hearing officer will objectively evaluate all relevant  evidence collected during the investigation, including both inculpatory and exculpatory  evidence, together with testimony and non-testimony evidence received at the hearing,  and ensure that any credibility determinations made are not based on a person’s status  as a Complainant, Respondent, or witness. The hearing officer will take care to exclude  from consideration any evidence that was ruled inadmissible at the pre-hearing conference, during the hearing, or otherwise as part of this policy. The hearing officer  will resolve disputed facts using a preponderance of the evidence (i.e., “more likely than  not”) standard and reach a determination regarding whether the facts that are supported  by a preponderance of the evidence constitute one or more violations of the policy as  alleged in the Formal Complaint. 

8. Discipline and Remedies 

In the event the hearing officer determines that the Respondent is responsible for  violating this policy, the hearing officer will, prior to issuing a written decision, consult  with an appropriate College official with disciplinary authority over the Respondent and  such official will determine any discipline to be imposed. The hearing officer will also,  prior to issuing a written decision, consult with the Title IX Coordinator who will  determine whether and to what extent ongoing support measures or other remedies will  be provided to the Complainant. 

9. Written Decision 

After reaching a determination and consulting with the appropriate College official and Title IX Coordinator, the hearing officer will prepare a written decision that will include: ● Identification of the allegations potentially constituting Sexual Harassment made in the

Formal Complaint; 

● A description of the procedural steps taken by the College upon receipt of the Formal Complaint, through issuance of the written decision, including notification to the parties, interviews with the parties and witnesses, site visits, methods used to gather non testimonial evidence, and the date, location, and people who were present at or presented testimony at the hearing. 

● Articulate findings of fact, made under a preponderance of the evidence standard, that support the determination; 

● A statement of, and rationale for, each allegation that constitutes a separate potential incident of Sexual Harassment, including a determination regarding responsibility for each separate potential incident; 

● The discipline determined by the appropriate College official; 

● Whether the Complainant will receive any ongoing support measures or other  remedies as determined by the Title IX Coordinator; and 

● A description of the College’s process and grounds for appeal. 

The hearing officer’s written determination will be transmitted to the parties. Transmittal of the written determination to the parties concludes the hearing process, subject to any right of appeal as specified in below. 

Although the length of each adjudication by hearing will vary depending on the totality of the circumstances, the College strives to issue the hearing officer’s written determination within fourteen (14) days of the conclusion of the hearing. B. Administrative Adjudication (Optional) 

In lieu of the hearing process, the parties may consent to have a Formal Complaint  resolved by administrative adjudication as a form of informal resolution. Administrative  adjudication is voluntary and must be consented to in writing by both parties and  approved by the Title IX Coordinator. At any time prior to the issuance of the  administrative officer’s determination, a party has the right to withdraw from  administrative adjudication and request a live hearing as specified above. If administrative adjudication is selected, the Title IX Coordinator will appoint an administrative officer. The Title IX Coordinator will see that the administrative adjudicator is provided a copy of the investigation report and a copy of all the evidence transmitted to the parties by the investigator. 

The administrative officer will promptly send written notice to the parties notifying the  parties of the administrative officer’s appointment; setting a deadline for the parties to  submit any written response to the investigation report; and setting a date and time for  each party to meet with the administrative officer separately. The administrative officer’s  meetings with the parties will not be held any earlier than ten (10) days from the date of  transmittal of the written notice specified in this paragraph. 

A party’s written response to the investigation report must include: 

● To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement; 

● Any argument that a particular piece or class of evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, the prohibition

on the use of sexual history, or for any other reason; 

● Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence; 

● Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment. After reviewing the parties’ written responses, the administrative  officer will meet separately with each party to provide the party with an opportunity  make any oral argument or commentary the party wishes to make and for the  administrative officer to ask questions concerning the party’s written response, the  investigative report, and/or the evidence collected during the investigation. After meeting with each party, the administrative officer will objectively revaluate all relevant evidence, including both inculpatory and exculpatory evidence and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness. The administrative officer will take care to exclude from consideration any evidence that the administrative officer determines should be ruled inadmissible based on the objections and arguments raised by the parties in their respective written responses to the investigation report. The administrative officer will resolve disputed facts using a preponderance of the evidence (i.e., “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of the policy as alleged in the Formal Complaint. Thereafter, the administrative officer will consult with any College  official and the Title IX Coordinator and will prepare and transmit a written decision,  which shall serve as a resolution for purposes of informal resolution. Transmittal of the administrative officer’s written determination concludes the administrative adjudication, subject to any right of appeal as specified below. Although the length of each administrative adjudication will vary depending on the totality of the circumstances, the College strives to issue the administrative officer’s written determination within twenty-one (21) days of the transmittal of the initiating written notice. Dismissal During Investigation or Adjudication The College may dismiss a Formal Complaint at any point during the investigation or  adjudication process if the Title IX Coordinator determines that any one or more of the  following is true: 

● The Complainant provides the Title IX Coordinator written notice that the Complainant wishes to withdraw the Formal Complaint or any discrete allegations therein (in which case those discrete allegations may be dismissed); 

● The conduct alleged in the Formal Complaint would not constitute Sexual  Harassment, even if proved; or 

● The conduct alleged in the Formal Complaint falls outside the scope of the policy specified in “Scope” (that is because the alleged conduct did not occur in the College’s Education Program or Activities and/or the alleged conduct occurred outside the geographical of the United States; or 

● The Respondent is no longer enrolled or employed by the College, as the case may  be; or

● Specific circumstances prevent the College from gathering evidence sufficient to  reach a 

determination as to the Formal Complaint, or any discrete allegations therein (in which case those discrete allegations may be dismissed). 

In the event the Title IX Coordinator determines that a Formal Complaint should be  dismissed pursuant to this section, the Title IX Coordinator will provide written notice of  dismissal to the parties and advise them of their right to appeal as specified below. The  Title IX Coordinator may refer the subject matter of the Formal Complaint to other  College offices, as appropriate. A dismissal pursuant to this section is presumptively a  final determination as it pertains to this policy, unless otherwise specified in writing by  the Title IX Coordinator in the written notice of dismissal. 

Appeal 

Either party may appeal the determination of an adjudication, or a dismissal of a Formal  Complaint, on one or more of the following grounds: 

● A procedural irregularity affected the outcome; 

● There is new evidence that was not reasonably available at the time the determination  or dismissal was made, that could have affected the outcome; 

● The Title IX Coordinator, investigator, hearing officer, or administrative officer, as the case may be, had a conflict of interest or bias for or against complainants or  respondents generally, or against the individual Complainant or Respondent, that  affected the outcome. No other grounds for appeal are permitted. 

A party must file an appeal within seven (7) days of the date they receive notice of  dismissal or determination appealed from or, if the other party appeals, within thee (3)  days of the other party appealing, whichever is later. The appeal must be submitted in  writing to the Vice President of Academic Affairs, who serves as the appeal officer. The  appeal must specifically identify the determination and/or dismissal appealed from,  articulate which one or more of the three grounds for appeal are being asserted, explain  in detail why the appealing party believes the appeal should be granted, and articulate  what specific relief the appealing party seeks. Promptly upon receipt of an appeal, the  appeal officer will conduct an initial evaluation to confirm that the appeal is timely filed  and that it invokes at least one of the permitted grounds for appeal. If the appeal officer  determines that the appeal is not timely, or that it fails to invoke a permitted ground for  appeal, the appeal officer will dismiss the appeal and provide written notice of the same to the parties. If the appeal officer confirms that the appeal is timely and invokes  at least one permitted ground for appeal, the appeal officer will provide written notice to  the other party that an appeal has been filed and that the other party may submit a  written opposition to the appeal within seven (7) days. The appeal officer shall also  promptly obtain from the Title IX Coordinator any records from the investigation and  adjudication necessary to resolve the grounds raised in the appeal. Upon receipt of any  opposition, or after the time period for submission of an opposition has passed without  one being filed, the appeal officer will promptly decide the appeal and transmit a written

decision to the parties that explains the outcome of the appeal and the rationale. The determination of a Formal Complaint, including any discipline, becomes final when  the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at  the point when the appeal officer has resolved all appeals, either by dismissal or by  transmittal of a written decision. No further review beyond the appeal is permitted. Although the length of each appeal will vary depending on the totality of the circumstances, the College strives to issue the appeal officer’s written decision within (21) days of an appeal being filed. 

Advisor of Choice 

From the point a Formal Complaint is made, and until an investigation, adjudication, and  appeal are complete, the Complainant and Respondent will have the right to be  accompanied by an advisor of their choice to all meetings, interviews, and hearings that  are part of the investigation, adjudication, and appeal process. The advisor may be, but  is not required to be, an attorney. Except for the questioning of witnesses during the  hearing, the advisor will play a passive role and is not permitted to communicate on  behalf of a party, insist that communication flow through the advisor, or communicate  with the College about the matter without the party being included in the communication. In the event a party’s advisor of choice engages in material violation of  the parameters specified in this policy, the College may preclude the advisor from  further participation, in which case the party may select a new advisor of their choice. In the event a party is not able to secure an advisor to attend the hearing and requests  the College to provide an advisor, the College will provide the party an advisor, without  fee or charge, who will conduct questioning on behalf of the party at the hearing. The  College will have sole discretion to select the advisor it provides. The advisor the  College provides may be, but is not required to be, an attorney. The College is not  required to provide a party with an advisor in any circumstance except where the party does not have an advisor present at the hearing and requests that the College provide  an advisor. Treatment Records and Other Privileged Information During the  investigation and adjudication processes, the investigator and adjudicator, as the case  may be, are not permitted to access, consider, disclose, permit questioning concerning,  or otherwise use: 

● A party’s records that are made or maintained by a physician, psychiatrist,  psychologist, or other recognized professional or paraprofessional acting in the  professional or paraprofessional’s capacity, or assisting in that capacity, and which are  made and maintained in connection with the provision of treatment to the party; or ● Information or records protected from disclosure by any other legally-recognized privilege, such as the attorney client privilege; unless the College has obtained the  party’s voluntary, written consent to do so for the purposes of the investigation and  adjudication process. Notwithstanding the foregoing, the investigator and/or adjudicator,  as the case may be, may consider any such records or information otherwise covered 

by this section if the party holding the privilege affirmatively discloses the records or  information to support their allegation or defense, as the case may be. 

Sexual History 

During the investigation and adjudication processes, questioning regarding a  Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless  such questions and evidence about the Complainant’s prior sexual behavior are offered  to prove that someone other than the Respondent committed the conduct alleged, or if  the questions and evidence concern specific incidents of the Complainant’s prior sexual  behavior with respect to the Respondent and are offered to prove consent.  notwithstanding the foregoing, a Complainant who affirmatively uses information  otherwise considered irrelevant by this section for the purpose of supporting the Complainant’s allegations, may be deemed to have waived the protections of this  section. 

Amnesty 

Student health, safety, and well-being are the primary concerns of the College. While  the College expects that students abide by all College policies, as well as local, state,  and federal laws, it is recognized that there may be times when students experience  medical emergencies related to excessive drinking and/or drug usage. In these  situations students are expected to call for assistance for themselves or others. The  College will not pursue conduct charges against any student calling for assistance for  themselves or actively assisting an individual requiring assistance. Students may be  required to meet with the Office of Student Affairs to review the incident and may be  referred for counseling and/or alcohol/drug assessment. A record of the incident will remain on file. Those who wait until College or law enforcement officials arrive before  seeking assistance will not be exempted. Other serious violations occurring at the time  of the incident, including but not limited to assault, distribution of drugs, and property  damage are not covered by this policy. Students should remember that they are always  subject to legal action for violating local, state, and federal laws, and the College’s  commitment to amnesty does not prevent law enforcement agencies from pursuing  such violations. 

Informal Resolution 

At any time after the parties are provided written notice of the Formal Complaint, and  before the completion of any appeal, the parties may voluntarily consent, with the Title  IX Coordinator’s approval, to engage in mediation, facilitated resolution, or other form of  dispute resolution the goal of which is to enter into a final resolution resolving the  allegations raised in the Formal Complaint by agreement of the parties. Administrative 

Adjudication as specified above is a form of informal resolution. The specific manner of  any informal resolution process will be determined by the parties and the Title IX Coordinator, in consultation together. Prior to commencing the informal resolution  process agreed upon, the Title IX Coordinator will transmit a written notice to the parties  that: 

● Describes the parameters and requirements of the informal resolution process to be utilized; 

● Identifies the individual responsible for facilitating the informal resolution (who may be the Title IX Coordinator, another College official, or a suitable third-party); ● Explains the effect of participating in informal resolution and/or reaching a final resolution will have on a party’s ability to resume the investigation and adjudication of the allegations at issue in the Formal Complaint; and 

● Explains any other consequence resulting from participation in the informal resolution process, including a description of records that will be generated, maintained, and/or shared. After receiving the written notice specified in this paragraph, each party must  voluntarily provide written consent to the Title IX Coordinator, before the informal  resolution may commence. During the pendency of the informal resolution process, the  investigation and adjudication processes that would otherwise occur are stayed and all  related deadlines are suspended. If the parties reach a resolution through the informal  resolution process, and the Title IX Coordinator agrees that the resolution is not clearly  unreasonable, the Title IX Coordinator will reduce the terms of the agreed resolution to  writing and present the resolution to the parties for their written signature. Once both  parties and the Title IX Coordinator sign the resolution, the resolution is final, and the  allegations addressed by the resolution are considered resolved and will not be subject to further investigation, adjudication, remediation, or discipline by the College,  except as otherwise provided in the resolution itself, absent a showing that a party  induced the resolution by fraud, misrepresentation, or other misconduct or where  required to avoid a manifest injustice to either party or to the College. Notwithstanding  the forgoing if the form of informal resolution is Administrative Adjudication as specified  in this policy, there shall not be an agreed resolution requiring the parties’ signatures;  instead, the determination issued by the administrative officer shall serve as the  resolution and conclude the informal resolution process, subject only to any right of  appeal. With the exception of a resolution resulting from the Administrative Adjudication process B, all other forms of informal resolution pursuant to this section are  not subject to appeal. A party may withdraw their consent to participate in informal  resolution at any time before a resolution has been finalized. Absent extension by the  Title IX Coordinator, any informal resolution process must be completed within twenty-one (21) days. If an informal resolution process does not result in a resolution  within twenty-one (21) days, and absent an extension, abeyance, or other contrary  ruling by the Title IX Coordinator, the informal resolution process will be deemed  terminated, and the Formal Complaint will be resolved pursuant to the investigation and  adjudication procedures. The Title IX Coordinator may adjust any time periods or  deadlines in the investigation and/or adjudication process that were suspended due to 

the informal resolution. Other language in this section notwithstanding, informal  resolution will not be permitted if the Respondent is a non-student employee accused of  committing Sexual Harassment against a student. 

Presumption of Non-Responsibility 

From the time a report or Formal Complaint is made, a Respondent is presumed not  responsible for the alleged misconduct until a determination regarding responsibility is  made final. 

Resources 

Any individual affected by or accused of Sexual Harassment will have equal access to  support and counseling services offered through the College. The College encourages  any individual who has questions or concerns to seek support of College identified  resources. The Title IX Coordinator is available to provide information about the  College’s policy and procedure and to provide assistance. A list of College identified  resources is located at the following link: 

Conflicts of Interest, Bias, and Procedural Complaints 

The Title IX Coordinator, investigator, hearing officer, administrative officer, appeals  officer, and informal resolution facilitator will be free of any material conflicts of interest  or material bias. Any party who believes one or more of these College officials has a  material conflict of interest or material bias must raise the concern promptly so that the  College may evaluate the concern and find a substitute, if appropriate. The failure of a  party to timely raise a concern of a conflict of interest or bias may result in a waiver of  the issue for purposes of any appeal specified above or otherwise. 

Objections Generally 

Parties are expected to raise any objections, concerns, or complaints about the  investigation, adjudication, and appeals process in a prompt and timely manner so that  the College may evaluate the matter and address it, if appropriate. Relationship with  Criminal Process This policy sets forth the College’s processes for responding to  reports and Formal Complaints of Sexual Harassment. The College’s processes are  separate, distinct, and independent of any criminal processes. While the College may  temporarily delay its processes under this policy to avoid interfering with law  enforcement efforts if requested by law enforcement, the College will otherwise apply  this policy and its processes without regard to the status or outcome of any criminal process. 

Recordings

Wherever this policy specifies that an audio or video recording will be made, the  recording will be made only by the College and is considered property of the College,  subject to any right of access that a party may have under this policy, FERPA, and other  applicable federal, state, or local laws. Only the College is permitted to make audio or  video recordings under this policy. The surreptitious recording of any meeting, interview,  hearing, or other interaction contemplated under this policy is strictly prohibited. Any  party who wishes to transcribe a hearing by use of a transcriptionist must seek pre approval from the hearing officer. Vendors, Contractors and Third Parties The College does business with various vendors, contractors, and other third-parties  who are not students or employees of the College. Notwithstanding any rights that a  given vendor, contractor, or third-party Respondent may have under this policy, the  College retains its right to limit any vendor, contractor, or third-party’s access to campus  for any reason. And the College retains all rights it enjoys by contract or law to terminate  its relationship with any vendor, contractor, or third-party irrespective of any process or  outcome under this policy. 

Bad Faith Complaints and False Information 

It is a violation of this policy for any person to submit a report or Formal Complaint that  the person knows, at the time the report or Formal Complaint is submitted, to be false or  frivolous. It is also a violation of this policy for any person to knowingly make a  materially false statement during the course of an investigation, adjudication, or appeal  under this policy. Violations of this section are not subject to the investigation and  adjudication processes in this policy; instead, they will be addressed under the Code of  Student Conduct in the case of students and other College policies and standards, as  applicable, for other persons. 

Retaliation It is a violation of this policy to engage in Retaliation. Reports and Formal  Complaints of retaliation may be made in the manner specified above. Any report or  Formal Complaint of Retaliation will be processed under this policy in the same manner  as a report or Formal Complaint of Sexual Harassment, as the case may be. The  College retains discretion to consolidate a Formal Complaint of Retaliation with a  Formal Complaint of Sexual Harassment for investigation and/or adjudication purposes  if the two Formal Complaints share a common nexus. 

Academic Freedom 

While the College is committed to the principles of free inquiry and free expression,  Sexual Harassment is neither legally protected expression nor the proper exercise of  academic freedom. 

Confidentiality

The College will keep confidential the identity of any individual who has made a report  or Formal Complaint of Sexual Harassment or Retaliation including any Complainant,  the identity of any individual who has been reported to be a perpetrator of Sexual  Harassment or Retaliation including any Respondent, and the identity of any witness. The College will also maintain the confidentiality of its various records generated in  response to reports and Formal Complaints, including, but not limited to, information  concerning Supportive Measures, notices, investigation materials, adjudication records,  and appeal records. Notwithstanding the foregoing, the College may reveal the identity  of any person or the contents of any record if permitted by FERPA, if necessary to carry  out the College’s obligations under Title IX and its implementing regulations including the conduct of any investigation, adjudication, or appeal under this policy or  any subsequent judicial proceeding, or as otherwise required by law. Further,  notwithstanding the College’s general obligation to maintain confidentiality as specified  herein, the parties to a report or Formal Complaint will be given access to investigation  and adjudication materials in the circumstances specified in this policy. While the  College will maintain confidentiality specified in this section, the College will not limit the ability of the parties to discuss the allegations at issue in a particular case. Parties are  advised, however, that the manner in which they communicate about, or discuss a  particular case, may constitute Sexual Harassment or Retaliation in certain  circumstances and be subject to discipline pursuant to the processes specified in this  policy. Note that certain types of Sexual Harassment are considered crimes for which  the College must disclose crime statistics in its Annual Security Report that is provided  to the campus community and available to the public. These disclosures will be made  without including personally identifying information. 

Other Violations of this Policy 

Alleged violations of this policy, other than violations of the prohibitions on Sexual  Harassment and Retaliation, will be subject to review under the Student Code of  Conduct for students, the Faculty Handbook for faculty, or other College policies and  standards for employees. 

Signatures and Form of Consent 

For purposes of this policy, either a physical signature or digital signature will be  sufficient to satisfy any obligation that a document be signed. Where this policy provides  that written consent must be provided, consent in either physical or electronic form,  containing a physical or digital signature, as the case may be, will suffice. 

Deadlines, Time, Notices, and Method of Transmittal 

Where this policy specifies a period of days by which some act must be performed, the  following method of calculation applies:

● Exclude the day of the event that triggers the period; 

● Count every day, including intermediate Saturdays, Sundays, and legal holidays recognized by the federal government; 

● Include the last day of the period until 5:00 p.m. central time, but if the last day is a Saturday, Sunday, or legal holiday recognized by the federal government, the period continues to run until 5:00 p.m. central time on the next day that is not a Saturday, Sunday, or legal holiday recognized by the federal government. 

All deadlines and other time periods specified in this policy are subject to modification  by the College where, in the College’s sole discretion, good cause exists. Good cause  may include, but is not limited to, the unavailability of parties or witnesses; the  complexities of a given case; extended holidays or closures; sickness of the  investigator, adjudicator, or the parties; the need to consult with the College’s legal  counsel; unforeseen weather events; and the like. Any party who wishes to seek an  extension of any deadline or other time period may do so by filing a request with the  investigator, hearing officer, administrative officer, appeal officer, or Title IX Coordinator, as the case may be, depending on the phase of the process. Such request  must state the extension sought and explain what good cause exists for the requested  extension. The College officer resolving the request for extension may, but is not  required to, give the other party an opportunity to object. Whether to grant such a  requested extension will be in the sole discretion of the College. The parties will be  provided written notice of the modification of any deadline or time period specified in this policy, along with the reasons for the modification. Where this policy refers to notice  being given to parties “simultaneously,” notice will be deemed simultaneous if it is  provided in relative proximity on the same day. It is not necessary that notice be provided at exactly the same hour and minute. Unless otherwise specified in this  policy, the default method of transmission for all notices, reports, responses, and other  forms of communication specified in this policy will be email using College email addresses. A party is deemed to have received notice upon transmittal of an  email to their College email address. In the event notice is provided by mail, a party will  be deemed to have received notice three (3) days after the notice in question is  postmarked. Any notice inviting or requiring a party or witness to attend a meeting,  interview, or hearing will be provided with sufficient time for the party to prepare for the  meeting, interview, or hearing as the case may be, and will include relevant details such  as the date, time, location, purpose, and participants. Unless a specific number of days  is specified elsewhere in this policy, the sufficient time to be provided will be determined  in the sole discretion of the College, considering all the facts and circumstances,  including, but not limited to, the nature of the meeting, interview, or hearing; the nature  and complexity of the allegations at issue; the schedules of relevant College officials;  approaching holidays or closures; and the number and length of extensions already granted. 

Other Forms of Discrimination

This policy applies only to Sexual Harassment. Complaints of other forms of sex  discrimination are governed by the College’s Non-Discrimination Policy. Education Because the College recognizes that the prevention of Sexual Harassment is  important, it offers educational programming to a variety of groups such as: campus  personnel; incoming students and new employees participating in orientation; and  members of student organizations. Among other elements, such training will cover  relevant definitions, procedures, and sanctions; the role and identity of the Title IX Coordinator and Deputy Title IX Coordinators; safe and positive options for bystander  intervention; and risk reduction information, including recognizing warning signs of  abusive behavior and how to avoid potential attacks. To learn more about education  resources, please contact the Title IX Coordinator. Outside Appointments, Dual  Appointments, and Delegations The College retains discretion to retain and appoint  suitably qualified persons who are not College employees to fulfill any function of the  College under this policy, including, but not limited to, the investigator, hearing officer,  administrative officer, informal resolution officer, and/or appeals officer. The College  also retains discretion to appoint two or more persons to jointly fulfill the role of  investigator, hearing officer, administrative officer, informal resolution officer, and/or  appeals officer. The functions assigned to a given College official under this policy,  including but not limited to the functions assigned to the Title IX Coordinator,  investigator, hearing officer, administrative officer, informal resolution officer, and  appeals officer, may, in the College’s discretion, be delegated by 

such College official to any suitably qualified individual and such delegation may be  recalled by the College at any time. 

Training 

The College will ensure that College officials acting under this policy, including but not  limited to the Title IX Coordinator, investigators, hearing officers, administrative officers,  informal resolution facilitators, College provided advisors, and appeals officers receive  training in compliance with 34 C.F.R. § 106.45(b)(1)(iii) and any other applicable federal  or state law. 

Recordkeeping 

The College will retain those records specified in 34 C.F.R. § 106.45(b)(10) for a period  of seven years after which point in time they may be destroyed, or continue to be  retained, in the College’s sole discretion. The records specified in 34 C.F.R. §  106.45(b)(10) will be made available for inspection, and/or published, to the extent  required by 34 C.F.R. § 106.45(b)(10) and consistent with any other applicable federal  or state law, including FERPA. 

Definitions Herein

Words used in this policy will have those meanings defined herein and if not defined  herein will be construed according to their plain and ordinary meaning. Discretion in Application The College retains discretion to interpret and apply this policy  in a manner that is not clearly unreasonable, even if the College’s interpretation or  application differs from the interpretation of the parties. Despite the College’s  reasonable efforts to anticipate all eventualities in drafting this policy, it is possible unanticipated or extraordinary circumstances may not be specifically or reasonably  addressed by the express policy language, in which case the College retains discretion  to respond to the unanticipated or extraordinary circumstance in a way that is not clearly  unreasonable. The provisions of this policy and the Hearing Procedures referenced  above are not contractual in nature, whether in their own right, or as part of any other  express or implied contract. Accordingly, the College retains discretion to revise this  policy and the Hearing Procedures at any time, and for any reason. The College may  apply policy revisions to an active case provided that doing so is not clearly  unreasonable.