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Sexual Misconduct 

Anyone who experiences conduct that he or she believes violates the College’s Sexual Misconduct Policies is encouraged to report that conduct to Campus Safety and Security, the Office of the Dean of the College (in the case of a student), or to the College’s Title IX Coordinator of any of the Title IX deputies. He or she is also encouraged to make a report to the police for legal action. Both of these processes can happen simultaneously. College processes are outlined below.

 The College’s procedures seek to ensure a prompt, fair, and impartial investigation and resolution. Procedures will be conducted by College officials who receive annual training on issues related to domestic violence, dating violence, stalking, sexual exploitation and sexual assault, as well as on conducting a hearing process that protects victim safety and promotes accountability.

The standard of proof used in adjudication of cases of sexual misconduct, including sexual harassment, sexual assault, dating violence, domestic violence and stalking, will be preponderance of evidence, as required by Federal regulation. Possible sanctions if a student or employee of the College is found responsible for violation of the College’s Sexual Misconduct Policies include the full range of disciplinary sanctions available at the college, up to and including suspension from the college for one or more semesters and expulsion, in the case of a student, or dismissal in the case of a College employee.

1. Cases involving student respondents

A staff or faculty member who experiences conduct on the part of a student that he or she believes violates the College’s Sexual Misconduct Policies should contact the Dean of the College or the Title IX Coordinator. The Title IX Coordinator will ensure that the staff or faculty member is provided the information and support stipulated by the College’s Title IX policies. The investigation and adjudication processes will be those outlined in the College’s Sexual Misconduct Policy relating to student sexual misconduct.

2. Cases involving a student and a faculty or staff member

A student who experiences conduct on the part of a staff or faculty member that the student believes violates the College’s Sexual Misconduct Policies is encouraged to report that conduct to Campus Safety and Security, the College’s Title IX Coordinator, or the Dean of the College. A student who reports an experience of sexual assault or other sexual misconduct is called the “complainant.” The staff or faculty member who is accused of committing sexual assault or sexual misconduct is called the “respondent.” Both the complainant and the respondent are encouraged to participate in the process of investigation and adjudication.

A. Before the process of investigation and adjudication starts, several steps are taken

 The Title IX Coordinator, in consultation with the relevant Title IX deputy or deputies (for students, the Dean of the College; for faculty, the Dean of Faculty; for staff, the Director of Human Resources) will assign the complainant and the respondent each to a different trained advisor from the College staff (the “trained College advisor”). This advisor will explain to them the process and will also serve as a resource for any questions or concerns.

The Title IX Coordinator will provide to both the complainant and the respondent a written statement of their rights and responsibilities, and a description of these processes, including the requirements of confidentiality and the rules forbidding retaliation.

The Title IX Coordinator will make available at any time, before, during or after the hearing process, and whether or not the complainant participates in the investigation and adjudication, reasonable and appropriate accommodations to increase the complainant’s safety and wellbeing on campus. These may include no-contact orders with the respondent and/or other parties, changes of housing accommodations, and academic accommodations such as extensions, tutors, and changes of class schedule. Accommodations may also include changes of class modality (for example, switching to an independent study) if needed in order to ensure access to academic opportunity for the complainant in a class taught by a faculty member who is the respondent. The Title IX Coordinator will inform the complainant in writing of the College’s obligation to provide these accommodations and resources as soon as the complainant comes forward. The Title IX Coordinator will work with the relevant Title IX deputy or deputies to arrange any appropriate accommodations for the respondent and will inform the respondent in writing of the College’s readiness to provide these accommodations and resources. 

B. Investigation

Both the complainant and respondent have the right to have an advisor of their choosing (either the trained College advisor or any other person, including an attorney) present with them for all parts of the process. The advisor can speak to the complainant/respondent at any time during the process but cannot speak for them to the investigator or to the hearing panel.

If a student reports an incident but does not wish to participate in the investigation and adjudication process, the situation will be reviewed by a committee comprised of the Title IX Coordinator, the relevant Title IX deputy or deputies, and the Director of Sexual Assault Prevention and Response. That committee will determine whether there is sufficient information to proceed with an investigation and adjudication without the participation of the complainant. If the committee determines that the case should proceed without the complainant, it will make every effort to protect confidentiality (see Title IX Confidentiality and Privacy).

If it is determined that a process will go forward, the Title IX deputy relevant to the respondent will inform the respondent of the charges in writing.

If a respondent chooses not to participate in the investigation and adjudication process, the process will proceed without their contribution to the determination of the facts of the case. The respondent should note that the appeal process based on appearance of new information not available to the hearing panel does not apply in cases of deliberate omission of information by the respondent, including refusal by the respondent to participate in the investigation.

The Title IX Coordinator, in consultation with the relevant Title IX deputy or deputies, will assign a person trained in sexual misconduct investigations to determine the facts of the case as completely as possible. This investigator will hear statements from the complainant and respondent, ask follow up questions, reach out to and collect statements from others who have evidence/information relevant to the question of violation of the Sexual Misconduct Policies, and ask follow-up questions as needed. The complainant and respondent may each direct the investigator toward people to interview and may frame questions to be asked of others. The investigator will respect these directives unless they violate standards of good practices for sexual misconduct investigations or are clearly redundant or irrelevant. If the investigator decides not to pursue a question or interviewee submitted by one of the parties in the case, he or she will so inform that party in writing of the decision. All of those contacted by the investigator will be required to maintain the privacy of the investigation. The investigator will also gather any additional evidence available (for example, health care records, with permission of the person to whom they refer). The investigator may consult with the Title IX Coordinator and relevant deputies in decisions regarding the investigation process. The statements of the complainant and respondent will be recorded (audio). The investigator will produce for the hearing panel a report of his/her findings, which will include a list of those interviewed and copies of any additional material referenced.

The Title IX Coordinator, in consultation with the relevant Title IX deputy or deputies, will review the report and may request that additional information be gathered. These Title IX officers will also ensure that the report does not contain material that is inadmissible in the decision process, such as irrelevant prior sexual history. 

The investigator’s report will be shared with the complainant and respondent once it is complete. The complainant and respondent each have 10 days following the receipt of the report to write a response to it if they wish to do so; at that time, both may request that further information be gathered. Responses will be included in the official materials sent forward to the hearing panel for adjudication. If the Title IX Coordinator agrees that further information should be gathered, the investigator will be charged with pursuing the additional information and, if appropriate, issuing an amendment or supplement to the report. The complainant and respondent will be given an additional ten days to respond to any such additional or supplemental report. 

The Title IX Coordinator and each of the deputies relevant to the complainant and respondent will review the report and the responses of both parties, and determine whether the alleged behavior of the respondent is properly within the purview of the sexual misconduct policies. If the Title IX Coordinator and deputies determine that the respondent’s alleged behavior is not within the purview of the college’s sexual misconduct policies, the Title IX Coordinator or relevant deputy will so inform the complainant and respondent in writing, and will direct the complainant to any other relevant college or legal processes that may address the behavior. The complainant may bring the investigator’s report over into other relevant college processes (such as the discrimination grievance process). 

If the Title IX committee determines that the respondent’s alleged behavior is within the purview of the college’s sexual misconduct policies, the case will move forward to the primary adjudication process, described below.

C. Primary adjudication 

The decision about whether there has been a violation of the College’s Sexual Misconduct Policies will be made by a hearing panel of five trained members. Four “yes” votes are necessary for a finding that there has been a violation. If such a violation is found to have taken place, then the same panel recommends an appropriate sanction. Sanctions are ultimately determined according to the rules in the Staff and Faculty Handbooks as described and modified below.   

For each case the panel will be appointed by the Title IX Coordinator in consultation with the relevant Title IX deputy or deputies. The panel will ordinarily consist of a member of the office of the Dean of the College plus four additional members, drawn from the President’s Standing Panel. If the respondent is a member of the faculty, at least two persons on the panel shall be faculty. If the respondent is staff, at least two persons on the panel shall be staff. The complainant and respondent will have the opportunity to state whether there are those they feel should not participate in the panel due to bias or any other reason which would prevent them from makinga fair assessment of the evidence. The final decision on any such requests for recusal will be made by the Title IX Coordinator in consultation with the relevant Title IX deputy or deputies.

The panel will start its deliberations by reading the investigator’s report, along with the responses to the report (if any) from the complainant and respondent. The hearing panel also may request statements gathered by the investigator if they believe it is important to read the transcripts of the interviews. If the hearing panel draws substantive new information from review of the raw transcripts that was not already in the investigator’s report, it will inform the complainant and respondent and allow them an opportunity to respond. After discussion, the panel will decide whether there are additional questions that need to be asked. If so, the investigator will go back to the parties to ask those questions. The panel may ask questions of the Title IX Coordinator or other relevant college officials.

The panel will decide whether there is a preponderance of evidence showing a violation of the College’s Sexual Misconduct Policies. 

If the panel determines that there has been a violation of the College’s Sexual Misconduct Policies, the complainant and respondent will each be so informed in writing, and each then will have the opportunity to briefly address the committee, either in person, by media communication, or in writing, before the sanction is considered. (The two parties would do this separately – neither one in the presence of the other. It is optional rather than required to make such a statement.) This opportunity is not one in which the facts of the case are discussed or questions are asked by the committee. Rather, it is an opportunity for both parties to present directly to the panel in their own “voice” any additional information, including information about the impact of the incident in question. This opportunity is limited to 15 minutes or the written equivalent thereof. Each party’s trained College advisor will provide them with guidelines on what is and is not permitted in this part of the process. 

The panel will then recommend a sanction to the relevant senior officer (Dean of Faculty for respondents who are members of the faculty, the Director of Human Resources for respondents who are members of the staff.) The complainant and respondent will each be informed in writing of the recommended sanction. Sanctions are ultimately determined by the processes described in the Staff and Faculty Handbooks, modified as described below.

D. Appeal of the finding of the hearing panel 

Both parties have the right to request an appeal of the finding made by the hearing panel on whether or not there was a violation of the College’s policy on Sexual Misconduct. This right to appeal of the finding is limited to (a) significant procedural lapses or (b) the appearance of substantive new evidence not available at the time of the original decision. Each party has 15 days following the receipt of the written decision to indicate their intention to appeal. Requests for appeal, with reasons, should be sent in writing to the Vice President for Institutional Diversity and Equity.1 

1. If this position is empty, this role will be filled by the Vice President for Finance and Administration. 

If either the complainant or the respondent wishes to have other people interviewed to determine whether they have substantive new information pertinent to the appeal that was not available at the time of the original decision, the following process will be followed. (1) The person wishing to appeal will write to the Vice President for Institutional Diversity and Equity describing whom they wish to have interviewed and on what topic. (2) The Vice President or a designee will ask the person whether they do, in fact, have information on that topic. (3) If they do, the investigator will ask them questions or request a written statement. The appeal process will be suspended until the completion of these steps.   

The Vice President for Institutional Diversity and Equity will grant appeals only in cases where the procedural problems or new evidence are considered substantive enough to have had a significant effect on the outcome of the initial hearing. If the appeal is granted, its disposition is determined by the Vice President for Institutional Diversity and Equity who may affirm the decision of the panel, return it to the original committee or summon a new committee, and who may task those committees with reviewing the decision either in whole or in part. 

The results of any appeal will be communicated simultaneously and in writing to the complainant and the respondent by the Title IX Coordinator.

 E. Final determination of sanction in cases involving respondents who are members of the faculty 

 If the recommended sanction is termination of the respondent’s appointment for cause, the Dean of the Faculty will initiate proceedings pursuant to section II.V. of the Faculty Handbook. If the recommended sanction is a major sanction, such as suspension from service for a stated period, the Dean of the Faculty will initiate proceedings pursuant to section II. W., “Major Sanctions,of the Faculty Handbook. If the recommended sanction is a minor sanction, the Dean of the Faculty will initiate proceedings in accordance with section II.W., “Minor Sanctions,” of the Faculty Handbook. In order to comply with federal law, regulations, and guidance regarding Title IX, sections II.V. and II.W. of the Faculty Handbook must be changed in some ways for cases involving sexual misconduct. Those changes are delineated below.   

In all cases covered by this policy the sole determination to be made according to the processes described in section II.V. and II.W. of the Faculty Handbook will be the final sanction to be imposed on the respondent. The determination by the hearing panel that the respondent committed a violation of the college’s Sexual Misconduct Policies shall be final and shall not be subject to review or reconsideration in the sanctions process.   

The hearing panel convened at this stage of the process will receive as evidence the letter of findings and recommended sanction from the original hearing panel described in section C. They will also have access to the report of the investigator and to previous disciplinary records of the respondent, if any. The hearing panel may request assistance from the Title IX Coordinator or other college officials.

The faculty member does not have the right to compel the complainant to appear before the panel. The complainant’s testimony may be represented by the investigator’s report. 

Although the complainant cannot be compelled to appear before the hearing panel, in all cases covered by this policy the complainant will have an equal right with the respondent to be heard by the Dean of the Faculty, any hearing committee convened pursuant to the provisions of section II. V. or W., and by the Board of Trustees. 

Final decisions as to sanctions will be reported in writing simultaneously to the complainant and the respondent, as well as to the Title IX officer.

F. Final determination of sanction in cases involving respondents who are members of the staff

Final determination of sanctions involving respondents who are members of the staff will be made by the Director of Human Resources, in consultation with the Title IX officer and relevant supervisor(s) of the staff member. The Director of Human Resources may take into account previous disciplinary records of the staff member in making his/her decision regarding sanction. Final decisions as to sanctions will be reported in writing simultaneously to the complainant and the respondent, as well as to the Title IX officer.

Appendix: Additional Matters

The complainant and respondent will each be assigned a trained College advisor to help them navigate the process. Each party can bring this advisor with them for all parts of the process, including the investigation. These trained College advisors will not be part of a hearing panel regarding the case. Both the complainant and respondent have the right to have another advisor of their choosing present with them for all parts of the process, including any meeting with campus officials, with the hearing panel, and with the investigator. This advisor can speak to the complainant/respondent at any time during the process but cannot speak directly to the investigator or to the hearing panel. The complainant and respondent may bring one advisor with them—either the trained College advisor or the other advisor of their choosing—to any part of the process. 

Both parties have full access to the support services provided by the College throughout the process. For students, this includes the resources of the Health Center and Psychological Counseling Services; for faculty and staff, the employee assistance program. 

Retaliation of any kind against the complainant or any witness is strictly prohibited. Any retaliation will be treated as a new and additional violation of the Sexual Misconduct Policy.

3. Cases involving faculty and/or staff members only

A staff or faculty member who experiences conduct on the part of a staff or faculty member that he or she believes violates the College’s Sexual Misconduct Policies is encouraged to report that conduct to the Dean of Faculty, the Director of Human Resources, the College’s TitleIX Coordinator, or Campus Safety and Security. A staff or faculty member who reports an experience of sexual misconduct is called the “complainant.” The staff or faculty member who is accused of committing sexual misconduct is called the “respondent.” Both the complainant and the respondent are encouraged to participate in the process of investigation and adjudication.

A. Before the process of investigation and adjudication starts, several steps are taken

The Title IX Coordinator, in consultation with the relevant Title IX deputy or deputies (for faculty, the Dean of Faculty; for staff, the Director of Human Resources) will assign the complainant and the respondent each to a different trained advisor from the College staff (the “trained College advisor”). This advisor will explain to them the process and will also serve as a resource for any questions or concerns. 

The Title IX Coordinator will provide to both the complainant and the respondent a written statement of their rights and responsibilities, and a description of these processes, including the requirements of confidentiality and the rules forbidding retaliation. 

The Title IX Coordinator will make available at any time, before, during or after the administrative resolution or hearing process, and whether or not the complainant participates in the investigation and adjudication, reasonable and appropriate accommodations to increase the complainant’s safety and wellbeing on campus. These may include no-contact orders with the respondent and/or other parties, changes of housing if living in College housing, and changes of work duties if necessary to avoid conflict. The Title IX Coordinator will inform the complainant in writing of the College’s obligation to provide these accommodations and resources as soon as the complainant comes forward. The Title IX Coordinator will work with the relevant Title IX deputy or deputies to arrange any appropriate accommodations for the respondent and will inform the respondent in writing of the College’s readiness to provide these accommodations and resources. 

B. Investigation

Both the complainant and respondent have the right to have an advisor of their choosing (either the trained College advisor or any other person, including an attorney) present with them for all parts of the process. The advisor can speak to the complainant/respondent at any time during the process but cannot speak for them to the investigator, to the relevant administrators, or to the hearing panel. 

If a faculty or staff member reports an incident but does not wish to participate in the investigation and adjudication process, the situation will be reviewed by a committee comprised of the Title IX Coordinator, the relevant Title IX deputy or deputies, and the Director of Sexual Assault Prevention and Response. That committee will determine whether there is sufficient information to proceed with an investigation and adjudication without the participation of the complainant. If the committee determines that the case should proceed without the complainant, it will make every effort to protect confidentiality (see Title IX Confidentiality and Privacy). 

If it is determined that a process will go forward, the Title IX deputy relevant to the respondent will inform the respondent of the charges in writing. 

If a respondent chooses not to participate in the investigation and adjudication process, the process will proceed without their contribution to the determination of the facts of the case. The respondent should note that the appeal process based on appearance of new information not available to the hearing panel does not apply in cases of deliberate omission of information by the respondent, including refusal by the respondent to participate in the investigation. 

The Title IX Coordinator, in consultation with the relevant Title IX deputy or deputies, will assign a person trained in sexual misconduct investigations to determine the facts of the case as completely as possible. This investigator will hear statements from the complainant and respondent, ask follow up questions, reach out to and collect statements from others who have evidence/information relevant to the question of violation of the Sexual Misconduct Policies, and ask follow-up questions as needed. The complainant and respondent may each direct the investigator toward people to interview and may frame questions to be asked of others. The investigator will respect these directives unless they violate standards of good practices for sexual misconduct investigations or are clearly redundant or irrelevant. If the investigator decides not to pursue a question or interviewee submitted by one of the parties in the case, he or she will so inform that party in writing of the decision. All of those contacted by the investigator will be required to maintain the privacy of the investigation. The investigator will also gather any additional evidence available (for example, health care records, with permission of the person to whom they refer). The investigator may consult with the Title IX Coordinator and relevant deputies in decisions regarding the investigation process. The statements of the complainant and respondent will be recorded (audio). The investigator will produce for the administrators and/or the hearing panel a report of his/her findings, which will include a list of those interviewed and copies of any additional material referenced. 

The Title IX Coordinator, in consultation with the relevant Title IX deputy or deputies, will review the report and may request that additional information be gathered. These Title IX officers will also ensure that the report does not contain material that is inadmissible in the decision process, such as irrelevant prior sexual history.   

The investigator’s report will be shared with the complainant and respondent once it is complete. The complainant and respondent each have 10 days following the receipt of the report to write a response to it if they wish to do so; at that time, both may request that further information be gathered. Responses will be included in the official materials sent forward to the hearing panel for adjudication. If the Title IX Coordinator agrees that further information should be gathered, the investigator will be charged with pursuing the additional information and, if appropriate, issuing an amendment or supplement to the report. The complainant and respondent will be given an additional 10 days to respond to any such additional or supplemental report.   

The Title IX Coordinator and each of the deputies relevant to the complainant and respondent will review the report and the responses of both parties, and determine whether the alleged behavior of the respondent is properly within the purview of the sexual misconduct policies.   

If the Title IX Coordinator and deputies determine that the respondent’s alleged behavior is not within the purview of the college’s sexual misconduct policies, the Title IX Coordinator or relevant deputy will so inform the complainant and respondent in writing, and will direct the complainant to any other relevant college or legal processes that may address the behavior. The complainant may bring the investigator’s report over into other relevant college processes (such as the discrimination grievance process). 

If the Title IX committee determines that the respondent’s alleged behavior is within the purview of the college’s sexual misconduct policies, the case will move forward to the primary adjudication process, described below.

C. Primary adjudication

After receiving the investigator’s report, the complainant may choose to pursue an administrative resolution of the complaint or proceed straight to a hearing panel. If the complainant chooses the administrative resolution, he or she may end that process at any time and move instead to a hearing by the hearing panel.

I. Administrative Resolution

Two executive officers of the college will oversee the administrative resolution process for the complaint. Ordinarily, the two executive officers will be those to whom the complainant and respondent report (the Dean of Faculty for the faculty, and the executive officer to whom the staff member’s department reports for staff.) In cases where both complainant and respondent have the same executive officer, or in cases where the complainant or respondent believe their own executive officer cannot fairly adjudicate the complaint, the Title IX coordinator, after consultation with the complainant and respondent, will determine which two executive officers of the College will oversee the administrative resolution process. If it is an executive officer whose behavior is at issue in the complaint, the Title IX Coordinator, in consultation with the President and after conversation with both complainant and respondent, shall select two other executive officers to oversee the administrative resolution process. 

The executive officers will read and consider the investigator’s report, along with any response to that report written by the complainant and respondent. The executive officers may request statements gathered by the investigator if they believe it is important to read the transcripts of the interviews. If the executive officers draw substantive new information from review of the raw transcripts that was not already in the investigator’s report, they will inform the complainant and respondent and allow them an opportunity to respond. If the executive officers decide that additional questions need to be asked, the investigator will go back to the parties to ask those questions. The executive officers may also ask questions of the Title IX Coordinator or other relevant college officials. 

The executive officers will reach a finding and report it to both the complainant and the respondent. If it is the judgment of the executive officers that the respondent committed the act(s) alleged by the complainant and thereby violated College sexual misconduct policy, they will seek a resolution of the complaint. They will also, if the respondent is a faculty or staff member, confer with his or her department supervisor. The complainant’s executive officer will keep the complainant informed of any progress made in resolving the grievance, reporting to the complainant within one month of the filing of the complaint. This period may be extended beyond one month if the complainant and his or her executive officer agree that an extension is needed.   

To be successful, the terms of the resolution proposed by the executive officers must be acceptable to both the complainant and the respondent. The executive officers will put both the finding of responsibility and the terms of the proposed resolution in writing, giving a copy to the complainant and another to the respondent. Each party will have 10 days to indicate his or her acceptance of the terms as constituting a satisfactory resolution of the grievance by returning a signed copy to the executive officers. Upon receipt of both signed copies, the respondent’s executive officer, as well as the Title IX Coordinator, will place them in his or her file of complaints of discrimination and take such actions as are called for in the resolution.   

The executive officers’ attempt at a resolution will have failed if either the complainant or the respondent chooses not to accept the terms proposed. If the complainant or the respondent does not accept them, either of them may, again within 10 days of receiving the proposed terms in writing, instruct the Title IX Coordinator to convene a hearing panel.

II. Hearing Panel 

If the complainant decides to forgo administrative resolution or if administrative resolution is not acceptable to the complainant or respondent, the decision about whether there has been a violation of the College’s Sexual Misconduct Policies will be made by a hearing panel of five trained members. Four “yes” votes are necessary for a finding that there has been a violation. If such a violation is found to have taken place, then the same panel recommends an appropriate sanction. Sanctions are ultimately determined according to the rules in the Staff and Faculty Handbooks as described and modified below.

For each case the panel will be appointed by the Title IX Coordinator in consultation with the relevant Title IX deputy or deputies. The panel will be drawn from the President’s Standing Panel. If one party is a member of the faculty and the other party is a member of the staff, the panel will consist of two members of the faculty, two members of the staff, and a chair. If the complainant and respondent are both faculty, then the panel will consist of five members of the faculty, one of whom will be chair. If the complainant and respondent are both staff, then the hearing panel will consist of five members of the staff, one of whom will be chair. The complainant and respondent will have the opportunity to state whether there are those they feel should not participate in the panel due to bias or any other reason which would prevent them from making a fair assessment of the evidence. The final decision on any such requests for recusal will be made by the Title IX Coordinator in consultation with the relevant Title IX deputy or deputies. 

The panel will start its deliberations by reading the investigator’s report, along with the responses to the report (if any) from the complainant and respondent. The hearing panel may request statements gathered by the investigator if they believe it is important to read the transcripts of the interviews. If the hearing panel draws substantive new information from review of the raw transcripts that was not already in the investigator’s report, it will inform the complainant and respondent and allow them an opportunity to respond. After discussion, the panel will decide whether there are additional questions that need to be asked. If so, the investigator will go back to the parties to ask those questions. The panel may ask questions of the Title IX Coordinator or other relevant college officials. 

The panel will decide whether there is a preponderance of evidence showing a violation of the College’s Sexual Misconduct Policies. 

If the panel determines that there has been a violation of the College’s Sexual Misconduct Policies, the complainant and respondent will each be so informed in writing, and each then will have the opportunity to briefly address the committee, either in person, by media communication, or in writing, before the sanction is considered. (The two parties would do this separately – neither one in the presence of the other. It is optional rather than required to make such a statement.) This opportunity is not one in which the facts of the case are discussed or questions are asked by the committee. Rather, it is an opportunity for both parties to present directly to the panel in their own “voice” any additional information, including information about the impact of the incident in question. This opportunity is limited to 15 minutes or the written equivalent thereof. Each party’s trained College advisor will provide them with guidelines on what is and is not permitted in this part of the process. 

The panel will then recommend a sanction to the relevant senior officer (Dean of Faculty for respondents who are members of the faculty, the Director of Human Resources for respondents who are members of the staff.) The complainant and respondent will each be informed in writing of the recommended sanction. Sanctions are ultimately determined by the processes described in the Staff and Faculty Handbooks, modified as described below.

D. Appeal of the finding of the hearing panel

Both parties have the right to request an appeal of the finding made by the hearing panel on whether or not there was a violation of the College’s policy on Sexual Misconduct. This right to appeal of the finding is limited to (a) significant procedural lapses or (b) the appearance of substantive new evidence not available at the time of the original decision. Each party has 15 days following the receipt of the written decision to indicate their intention to appeal. Requests for appeal, with reasons, should be sent in writing to the Vice President for Institutional Diversity and Equity.1 

If either the complainant or the respondent wishes to have other people interviewed to determine whether they have substantive new information pertinent to the appeal that was not available at the time of the original decision, the following process will be followed. (1) The person wishing to appeal will write to the Vice President for Institutional Diversity and Equity describing whom they wish to have interviewed and on what topic. (2) The Vice President or a designee will ask the person whether they do, in fact, have information on that topic. (3) If they do, the investigator will ask them questions or request a written statement. The appeal process will be suspended until the completion of these steps. 

The Vice President for Institutional Diversity and Equity will grant appeals only in cases where the procedural problems or new evidence are considered substantive enough to have had a significant effect on the outcome of the initial hearing. If the appeal is granted, its disposition is determined by the Vice President for Institutional Diversity and Equity who may affirm the decision of the panel, return it to the original committee or summon a new committee, and who may task those committees with reviewing the decision either in whole or in part. 

The results of any appeal will be communicated simultaneously and in writing to the complainant and the respondent by the Title IX Coordinator.f this position is empty, this role will be filled by the Vice President for Finance and Administration.

1.If this position is empty, this role will be filled by the Vice President for Finance and Administration. 

E. Final determination of sanction in cases involving respondents who are members of the faculty 

If the recommended sanction is termination of the respondent’s appointment for cause, the Dean of the Faculty will initiate proceedings pursuant to section II.V. of the Faculty Handbook. If the recommended sanction is a major sanction, such as suspension from service for a stated period, the Dean of the Faculty will initiate proceedings pursuant to section II. W., “Major Sanctions,”of the Faculty Handbook. If the recommended sanction is a minor sanction, the Dean of the Faculty will initiate proceedings in accordance with section II.W., “Minor Sanctions,” of the Faculty Handbook. In order to comply with federal law, regulations, and guidance regarding Title IX, sections II.V. and II.W. of the Faculty Handbook must be changed in some ways for cases involving sexual misconduct. Those changes are delineated below.   

In all cases covered by this policy the sole determination to be made according to the processes described in section II.V. and II.W. of the Faculty Handbook will be the final sanction to be imposed on the respondent. The determination by the hearing panel that the respondent committed a violation of the College’s Sexual Misconduct Policies shall be final and shall not be subject to review or reconsideration in the sanctions process.

The hearing panel convened at this stage of the process will receive as evidence the letter of findings and recommended sanction from the original hearing panel described in section C. They will also have access to the report of the investigator and responses written by either party to that report, and to previous disciplinary records of the respondent, if any. The hearing panel may request assistance from the Title IX Coordinator or other college officials. 

The faculty member does not have the right to compel the complainant to appear before the panel. The complainant’s testimony may be represented by the investigator’s report. 

Although the complainant cannot be compelled to appear before the hearing panel, in all cases covered by this policy the complainant will have an equal right with the respondent to be heard by the Dean of the Faculty, any hearing committee convened pursuant to the provisions of section II. V. or W., and by the Board of Trustees. 

Final decisions as to sanctions will be reported in writing simultaneously to the complainant and the respondent, as well as to the Title IX Coordinator.

F. Final determination of sanction in cases involving respondents who are members of the staff

Final determination of sanctions involving respondents who are members of the staff will be made by the Director of Human Resources, in consultation with the Title IX Coordinator and relevant supervisor(s) of the staff member. The Director of Human Resources may take into account previous disciplinary records of the staff member in making his/her decision regarding sanction. 

Final decisions as to sanctions will be reported in writing simultaneously to the complainant and the respondent, as well as to the Title IX Coordinator.

Appendix: Additional matters

The complainant and respondent will each be assigned a trained College advisor to help them navigate the process. Each party can bring this advisor with them for all parts of the process, including the investigation. These trained College advisors will not be part of a hearing panel regarding the case. Both the complainant and respondent have the right to have another advisor of their choosing present with them for all parts of the process, including any meeting with campus officials, with the hearing panel, and with the investigator. This advisor can speak to the complainant/respondent at any time during the process but cannot speak directly to the investigator or to the hearing panel. The complainant and respondent may bring one advisor with them—either the trained College advisor or the other advisor of their choosing—to any part of the process. 

Both parties have full access to the support services, including the employee assistance program, provided by the College throughout the process. 

Retaliation of any kind against the complainant or any witness is strictly prohibited. Any retaliation will be treated as a new and additional violation of the Sexual Misconduct Policy.