17勛圖

POWER-BASED VIOLENCE/SEXUAL MISCONDUCT  

INVESTIGATION AND DISCIPLINARY PROCEEDINGS (UNIVERSITY) 

 

INVESTIGATION&紳莉莽梯;

NOTICE&紳莉莽梯;

Upon receipt of a Formal Complaint, the institution must皰rovide眨ritten notice of the following to known parties: 
 
The investigation and畝djudication皰rocess, including any informal皰rocesses; 
  1. Allegations of sexual harassment, including sufficient details known at the time.特ufficient details include the identities of the parties involved in the incident, if疼nown, the conduct畝llegedly constituting盎exual harassment, and the date and疹ocation of the alleged incident, if疼nown; 
  2. A statement that the Respondent is presumed not responsible for the alleged畚onduct and that a determination盍egarding盍esponsibility is made at the conclusion of the grievance皰rocess; 
  3. The parties may have an advisor of their choice, who may be, but is not盍equired眩o be, an畝ttorney; 
  4. The parties may inspect and review疾vidence; 
  5. The parties are prohibited from knowingly making false statements or knowingly盎ubmitting病alse information during the investigation and畝djudication皰rocess; and 
  6. If the institution decides to investigate畝dditional畝llegations not included in the original notice, it must皰rovide疸otice of the畝dditional畝llegations to the parties whose identities are known. 
 

INVESTIGATION PROCEDURE

The Title IX Coordinator shall appoint an Investigator to investigate the allegations documented in the Formal Complaint. The investigation may include, among other steps, interviewing the Complainant, the Respondent, and any witnesses; reviewing law enforcement investigation documents if applicable; reviewing relevant student or employment files; and gathering and examining other relevant documents, social media posts, and other evidence. 
 
The Investigator will畝ttempt眩o collect all relevant information and evidence. Following the investigation, the Investigator will draft an investigation report盎uccinctly留escribing all collected information. The Investigator will not make any determination as to whether a policy violation has occurred or recommend potential sanctions. 
 
While investigating the allegations of any Formal Complaint of sexual harassment, the Investigator will conduct an objective evaluation of all relevant evidence. Relevant evidence is any evidence that may tend to make the allegations at issue more or less likely to be true. (See 禮106.45(b)(1)(ii).) 
 
In assessing allegations of sexual harassment, institutions policies must盎tate眨hether the standard of evidence to be used to留etermine盍esponsibility is the皰reponderance皋f the evidence standard or the clear and convincing evidence standard, apply the same standard of evidence for Formal Complaints against students as for Formal Complaints against employees, including faculty, and apply the same standard of evidence to all Formal Complaints of sexual harassment. 
 
When investigating a Formal Complaint and throughout the investigation and畝djudication皰rocess, the university must: 
 
  1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination盍egarding盍esponsibility rest on the institution and not on the皰arties; 
  2. Provide畝n equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory疾vidence; 
  3. Not盍estrict眩he ability of either party to discuss the allegations under investigation or to gather and present relevant疾vidence; 
  4. Provide the parties with the same opportunities to have others present during any investigation or畝djudication皰roceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the Complainant or Respondent in any meeting or grievance proceeding; however, the institution may establish restrictions regarding the extent to which an advisor may participate in the proceedings, as long as the restrictions apply equally to both parties advisors; 
  5. Provide written notice to each party of the date, time, location, participants, and purposes of each Formal Grievance Process meeting in which they are invited to皰articipate,眨ith sufficient time for the party to prepare to皰articipate; 
  6. Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. 
  7. Prior to completion of the investigative report, the institution must send the report眩o each party and the partys advisor, if any, the evidence subject to inspection and盍eview in an electronic format or a hard copy, and the parties must have at least10留ays眩o盎ubmit畝 written response, which the investigator will consider prior to畚ompletion of the investigative report. 
  8. The institution must make available at any hearing all such evidence subject to the皰arties inspection and review, to give each party equal opportunity to refer to such疾vidence during the hearing, including for purposes of cross-examination; and 
  9. Create an investigative report that fairly summarizes relevant evidence and, at least10 days皰rior to the hearing, send to each party and each partys advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response. 
 

HEARINGS

The university痂ust皰rovide for畝 live hearing. An Adjudicator will consider畝ll眩he evidence presented and留etermine眨hether a Respondent疳s responsible for畝 violation of this protocol. The Adjudicator will not be the same person as the Title IX Coordinator or the investigator. Cases will be畝djudicated畜y a trained third-party Adjudicator. 
 
At the request of either party, an institution must皰rovide for眩he live hearing to occur with the parties疹ocated疳n separate rooms, with technology enabling the Adjudicator and parties to simultaneously see and hear the party or the witness answering questions.狼he university眨ill create a transcript or recording (audio or audiovisual) of any adjudicative hearing to be made available to the parties for inspection and review皰ursuant to涌ERPA (Family Educational Rights & Privacy Act). 
 
At the live hearing, the Adjudicator must皰ermit疾ach party's advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Cross-examination at the live hearing must be conducted directly, orally, and in real time by the partys advisor of choice and never by a party personally. (106.45(b)(6)(i).) Only relevant cross-examination and other questions may be asked of a party or witness. Advisors may be present solely to advise or support the party and are prohibited from speaking directly to the Investigator,涉djudicator, other parties, or witnesses during the hearing, except for conducting cross examination. 
 
Before a Complainant, Respondent, or witness answers a cross-examination or other question, the decision maker(s) must first留etermine眨hether the question is relevant and疾xplain any decision to exclude a question as not relevant. If a party does not have an advisor present at the live hearing, the institution must provide, without fee or charge to that party, an advisor of the institutions choice, who may be, but is not盍equired眩o be, an attorney, to conduct cross-examination on behalf of that party. 
 
Questions and evidence about the Complainants sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainants prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainants prior sexual behavior with respect to the Respondent and are offered to prove consent. 
 
If a party or witness does not盎ubmit眩o cross-examination at the live hearing, the decision maker(s) must not rely on any statement of that party or witness in reaching a determination盍egarding盍esponsibility provided, however, that the decision-maker(s) cannot draw an inference about the determination盍egarding盍esponsibility based solely on a party's or witness's absence from the live hearing or refusal to answer cross-examination or other questions. 
 
Live hearings may be conducted with all parties physically present in the same geographic location or, at the institutions discretion, any or all parties, witnesses, and other participants appearing at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. 
 
The university痂ust create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review. 
 

DETERMINATION REGARDING RESPONSIBILITY

The涉djudicator,痂ust issue, simultaneously to both parties, a written determination盍egarding盍esponsibility, which must include: 

 
  1. Identification of the allegations potentially constituting sexual疲arassment;
  2. A description of the procedural steps taken from receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings疲eld;
  3. Findings of fact supporting the留etermination;
  4. Conclusions盍egarding眩he application of the institutions policy to the病acts;
  5. A statement of, and rationale for, the result as to each allegation, including a determination盍egarding盍esponsibility, any sanctions the institution will impose on the Respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the Complainant; and
  6. Procedures and permissible bases for parties to appeal. 
The determination盍egarding盍esponsibility becomes final either on the date that the recipient provides the parties with the written determination of the result of the appeal, if an appeal is filed or, if an appeal is not filed, the date on which an appeal would no longer be considered眩imely. 

SANCTIONS

Description in盍ange of sanctions for employees and students.胼 

 
Factors considered when留etermining畝 sanction/responsive action may include, but are not limited to: 
  1. The nature, severity of, and circumstances surrounding the violation(s)
  2. The Respondents disciplinary history
  3. Previous畝llegations or allegations involving similar conduct
  4. The need for sanctions/responsive actions to bring an end to眩he discrimination, harassment, and/or retaliation
  5. The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
  6. The need to remedy the effects of留iscrimination, harassment, and/or retaliation on the Complainant and the community
  7. The impact on the parties
  8. Any other information留eemed盍elevant by the Decision Makers 
 
Sanctions will be implemented as soon as is possible, either upon the outcome of any appeal or the疾xpiration皋f the window to appeal without an appeal being盍equested. 
The sanctions described in these procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed by external authorities. 
 
Student Sanctions 
The following are the usual sanctions that may be imposed upon students盎ingly皋r in combination: See the 17勛圖 (17勛圖) Student Handbook for a complete listing and more detailed description of all皰ossible sanctions. 
 
  1. Reprimand: A written letter/expression or oral expression statement that the conduct was unacceptable and a warning that further violation of any University policy, procedure, or directive will result in more severe sanctions/responsive actions.
  2. Discretionary Censures: Censures that may include but are not limited to parental notification, letter of apology, conflict resolution sessions, and university programming.
  3. Required Education Counseling: A mandate to meet with and engage in either University-sponsored or external counseling to better畚omprehend眩he misconduct and its effects.
  4. Suspension: This suspension is for a specified皰eriod of time,畝nd the student or the student organization may apply for readmission to the University after疾xpiration皋f the specified period. During this period of suspension, the student is banned from the University. A notation will be placed on the students transcript Student is eligible to return (semester) (year) when a student is suspended for disciplinary reasons for a specified皰eriod of time.狼he transcript疳ndicates眨hich semester the student will be eligible to return.
  5. Permanent Dismissal from the University and Banned from the University. A notation will be placed on a students transcript Student is ineligible to enroll, when the student is permanently dismissed from the university for disciplinary reasons. 
 
 Employee Sanctions&紳莉莽梯;
 
  1. Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include: 
  2. Warning Verbal or Written 
  3. Performance Improvement/Management Process 
  4. Required Counseling 
  5. Required Training or浩ducation 
  6. 捩娶棗莉硃喧勳棗紳 
  7. Loss of Annual Pay Increase 
  8. Loss of Oversight or Supervisory Responsibility 
  9. 嗨梗鳥棗喧勳棗紳 
  10. Suspension with Pay 
  11. Suspension Without Pay 
  12. 啦梗娶鳥勳紳硃喧勳棗紳
  13. Other Actions: In addition to or in place of the above sanctions, the University may assign any other sanctions as留eemed畝ppropriate.