a. Notice of Allegations
Upon initiation of the investigation and adjudication process under these Procedures, the Institute will notify the parties, verbally or in writing, of the following:
- The applicable process under these procedures;
- Sufficient information available at the time to allow the parties to respond to the allegations, including (to the extent known) the identities of the parties involved in the incident(s), the conduct alleged to constitute Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
- That Retaliation is prohibited; and
- That the parties are entitled to an equal opportunity to access and respond to the relevant and not impermissible evidence, or an accurate description of such evidence, as provided in these Procedures.
If, in the course of an investigation, the Institute decides to investigate additional allegations of Prohibited Conduct that are not included in the notice, the Institute will notify the Parties of the additional allegations.
b. Investigation
The Institute will provide for an adequate, reliable, and impartial investigation of complaints. Investigations will be conducted by trained, impartial investigators. Investigators may be appropriately trained Institute personnel, or external investigators, as appointed by the Title IX Coordinator.
The burden is on the Institute—not on the Parties—to conduct an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred. The Institute will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. The Institute will keep the investigation confidential to the extent reasonably possible and in keeping with applicable law. All employees, including managers and supervisors, are required to cooperate with any internal investigation. The Institute will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible.
The Institute will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of Prohibited Conduct and not otherwise impermissible, or a written or verbal description of such evidence, and to respond to such evidence before a determination is made. This description may, but is not required to, take the form of an Investigative Report that fairly summarizes the relevant and not impermissible evidence. If the Institute provides an Investigative Report or other description of the relevant and not impermissible evidence, it will provide the Parties an equal opportunity to access the evidence upon request.
The Institute will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through these procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of Prohibited Conduct are authorized.
c. Questioning Parties and Witnesses to Aid in Evaluating Allegations and Assessing Credibility
When a Party’s or witness’s credibility is in dispute, and such dispute is relevant to evaluating one or more allegations of Prohibited Conduct, the Investigator and/or Decision Maker must have an opportunity to question such Party or witness. If applicable, this will occur during individual meetings with a Party or witness.
d. Determination Regarding Responsibility
Following an investigation and evaluation of all relevant and not impermissible evidence, the Institute will:
- Use the preponderance of the evidence standard of proof to determine whether Prohibited Conduct occurred. That means that cases shall be determined as to whether it is more likely than not that the responding party committed the alleged violation(s). This determination will be made by an appropriate Institute official.
- Notify the Parties in writing of the determination whether Prohibited Conduct occurred, including the rationale for such determination, and, if applicable, the procedures and permissible bases for the reporting party/Complainant and responding party to appeal;
- Not impose discipline on a responding party unless there is a determination at the conclusion of the process that the responding party engaged in Prohibited Conduct
If there is a determination that Prohibited Conduct occurred, the Title IX Coordinator will, as appropriate, coordinate the provision and implementation of remedies to a reporting party/Complainant; coordinate the imposition of any disciplinary sanctions on a responding party [which sanctions may be determined by the Decision Maker or their designee (who may include, without limitation, the responding party’s direct or indirect manager or supervisor, or other appropriate College personnel)], including notification to the reporting party/Complainant of any such disciplinary sanctions. Employees who are found responsible will be issued discipline in accordance with the College’s Employee Handbook; and will take other appropriate prompt and effective steps to ensure that Prohibited Conduct does not continue or recur within the Institute’s education program or activity.
e. Appeals OPTIONAL
Appeals regarding the dismissal of a complaint (or allegations within a complaint) or the determination as to responsibility or sanctions shall be addressed in accordance with the Policy.
