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General Provisions
Agreement-Based Resolution
Formal Resolution Procedures
General Provisions
Role and Neutrality of the Chief Diversity Officer and Title IX Coordinator
The College’s President has delegated comprehensive oversight of the College’s rights-related policies, including this Policy, to the College’s Chief Diversity Officer and has designated specific responsibility for oversight of Title IX compliance to the Title IX Coordinator. The Chief Diversity Officer may designate Deputy Civil Rights Officers or Deputy Title IX Coordinators. These employees collectively have the following responsibilities:
In view of these overarching responsibilities, the Chief Diversity Officer and the Title IX Coordinator are not able to provide direct advocacy on behalf of any Complainant or Respondent.
Whenever a document or Policy indicates that the Title IX Coordinator is responsible for a certain action, that same authority is vested in the Chief Diversity Officer automatically and Deputy Title IX Coordinators at the direction of the Title IX Coordinator, subject to their oversight.
If there are other procedures in process or being contemplated while the College is processing a Complaint under this policy the other processes must be held in abeyance until the completion of the Resolution Procedures set forth in this Policy, provided that the Complaint under this Policy, as alleged, meets a definition of Prohibited Conduct if it were ultimately found true. This abeyance provision includes, but is not limited to, academic standards matters, student conduct matters, grade appeals, employment disciplinary matters, and the Academic Promotion and Tenure (APT) processes.
As discussed further below in the Policy, the College makes available many different forms of Agreement-Based Resolution for Complaints of Prohibited Conduct. This is an alternative path to resolving Complaints of Prohibited Conduct as compared to the Formal Resolution Procedures and the Title IX Resolution Procedures outlined below. Agreement-Based Resolution is always voluntary for the Parties, and it is available any time before a final finding of responsibility/non-responsibility for a Policy violation and so long as general community safety is not negatively affected by an Agreement-Based Resolution (as determined by the Title IX Coordinator).
Protections for All Parties During All Resolution Procedures
As part of its commitment to providing a prompt and equitable process, the College will:
Confidentiality Under this Policy
To ensure an equitable process and to minimize the possibility of Retaliation, all proceedings initiated under this Policy are designated as confidential, which means:
- Complainants, Respondents, and witnesses may be provided with confidential access to written materials or other confidential information throughout the Resolution Procedures. The Parties may share such confidential information with individuals within a Party’s support group, such as a Support Person, or other close family members, as may be reasonably necessary and appropriate to promote an equitable process. However, confidential information that is obtained from a Party through any proceeding initiated under this Policy may not be shared outside these parameters unless otherwise specifies in this Policy. In the absence of obtaining relevant written consent, this duty of confidentiality shall continue after the conclusion of these Resolution Procedures. The purpose of sharing information is to allow each Party equal opportunity to meaningfully respond to the evidence prior to conclusion of the process, to submit any additional relevant evidence and questions for Parties or witnesses, and the names of any additional witnesses with relevant information. Given the sensitive nature of the information provided, CMC will facilitate this review in a secure manner. None of the Parties nor their Advisors or Support Persons may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
- College representatives are permitted to share confidential information within the College among those who have a reasonable need to know in order to assist in the active review, investigation or resolution of the report pursuant to these Resolution Procedures. The College will not disclose the information to third Parties who are not serving as College agents without: i) the express consent of the individual; ii) compliance with its FERPA responsibilities; or, iii) in response to a legally-binding request to disclose.
- A violation of these confidentiality provisions can subject a person to discipline with a maximum possible sanction of separation from the College (for students) or termination from the College (for staff or faculty). Any Advisor or Support Person who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.
See Appendix B for more background information related to confidential and privacy considerations.
Any individual carrying out any part of this Policy shall be free from any actual Conflict of Interest (as defined in Section III of this Policy or demonstrated bias. Under this Policy, no individual that is implementing the Resolution Procedures may have a bias in favor of or against Complainants or Respondents generally or regarding the specific Parties in the matter.
Should the Title IX Coordinator have a Conflict of Interest or Bias, the Title IX Coordinator shall immediately notify the Executive Vice President/Chief Operating Officer will reassign, the role of Title IX Coordinator for purposes of carrying out the handling and finalization of the Resolution Procedures.
- Bias or a Conflict of Interest is not presumed. To establish bias or Conflict of Interest, the Party making the assertion must demonstrate facts that show a Conflict of Interest or Bias by Preponderance of Evidence.
Should any individual with a role in the process believe they have a Conflict of Interest or Bias, they shall immediately notify the Title IX Coordinator so that the Title IX Coordinator may reassign the role as appropriate. This Policy will note where Parties have the opportunity to challenge the participation of any individual implementing this Policy based on evidence of actual Conflict of Interest or demonstrated bias.
An Advisor is an individual who provides guidance to the Complainant or Respondent throughout the Resolution and Agreement-Based Resolution Procedures. Each Party is entitled to choose and consult with an Advisor of choice, at their own expense, through every stage of the Resolution Process (including the Agreement-Based Resolution Procedures, when applicable). A Party can select an Advisor at any time in the process. If the Party is a student and does not have an Advisor at the evidence review stage of the Formal Resolution Process or the Title IX Resolution Procedures (as applicable), the College will provide the student with an Advisor until the end of the Appeal. The following parameters apply:
- An Advisor can be any person, including a friend, colleague, or an attorney. Except in cases of Dating Violence, Domestic Violence, Stalking, and Sexual Assault under Title IX, generally, the selected Advisor should not be a Party or a witness in the same matter.
- A Party does not have to have an Advisor during the investigation and Agreement-Based Resolution Procedures. Parties in this process may be accompanied by an Advisor to any meeting or proceeding to which they are required or are eligible to attend.
- An Advisor’s role is limited. Except where explicitly stated by this Policy, Advisors shall not participate directly in the process. An Advisor may never speak on behalf of a Party or otherwise disrupt any meetings or hearings in any manner. Any restrictions on Advisor participation will be applied equally.
- A Party’s Advisor is expected to have reviewed this Policy to understand their role and expectations under this Policy prior to providing support to the Party. The College’s Title IX Coordinator may require the Advisor to meet with the Title IX Coordinator and ensure the Advisor understands their role and the expectations under this Policy prior to their involvement in any process under this Policy. A Party and their Advisor are encouraged to contact the College’s Title IX Coordinator with any questions regarding this Policy and its Resolution Procedures.
- The College reserves the right to exclude from the Resolution Procedures an Advisor who does not abide by these procedures.
Support Persons
A Support Person is an individual who provides emotional support to a Complainant or Respondent throughout the Resolution and Agreement-Based Resolution Procedures, as set forth in this Policy. Parties are entitled to one Support Person through every stage of the Resolution Procedures. If a Party has a difficult time obtaining a Support Person, the Title IX Coordinator may work with the Party to identify a Support Person. A Party’s Support Person may not be another Party or witness in the same matter.
The Support Person may never speak on behalf of a Party or otherwise disrupt any meetings or hearings in any manner.
A Party’s Support Person is expected to have reviewed this Policy to understand their role and expectations under this Policy prior to providing support to the Party. The College’s Title IX Coordinator may require the Support Person to meet with the Title IX Coordinator to ensure the Support Person understands their role and the expectations under this Policy prior to their involvement in any process under this Policy. A Party and their Support Person are encouraged to contact the College’s Title IX Coordinator with any questions regarding this Policy and its Resolution Procedures. The College reserves the right to exclude a Support Person who does not abide by these procedures.
Time Frames
Generally, the College seeks to resolve all reports of Prohibited Conduct in a timely manner on notice of the allegations. Time frames expressly outlined in these Resolution Procedures are meant as guidelines rather than rigid requirements. Extenuating circumstances may arise that require the extension of time frames. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses, the availability of the Parties or witnesses, the effect of a concurrent criminal investigation, any intervening College closure or holiday, or other unforeseen circumstances. If the process exceeds these time frames, the College will notify the Complainant and Respondent of the reason(s) for the delay and the expected adjustment in time frames. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness. If the delay is caused by the lack of response of either Party the College will move forward with the process with the information available at that time.
Absent extensions for extenuating circumstances, the entire Resolution Procedures for cases under this Policy should be completed within the anticipated timeframes described below (business days exclude weekends, recognized holidays, and College closures):
1) Intake: ten (10) business days.
2) Investigation Phase One: fifty (50) business days.
3) Response to Preliminary Investigation Report: ten (10) business days.
4) Investigation Plan and Final Investigation Report: thirty (30) business days.
5) Preparation of Hearing and Hearing: forty-five (45) business days.
6) Hearing Determination: fifteen (15) business days
7) Appeal: fifteen (15) business days
The Parties will be provided with timeline information and status updates on (i) the investigation period, (ii) the date by which the Parties shall be notified of the outcome of any investigation, and (iii) deadlines and process for an appeal.
The Parties may make extension requests to the Title IX Coordinator. The Title IX Coordinator will provide notice to both Parties of any timeline extensions and the reasons for the extensions (consistent with appropriate confidentiality and privacy laws based on the Party’s status as a student or employee.) The College will not unreasonably delay a Party’s request for an extension of a deadline during periods of examinations or College closures. Failure to complete the process within this time period does not, in and of itself, constitute a procedural error. Any such argument of procedural error on appeal must also include an explanation as to how the delay materially impacted the outcome.
The Title IX Coordinator may adjust the timeframes in cases were there may be safety concerns to either Party or the community.
In response to all reports of Prohibited Conduct, the College may implement Supportive Measures as necessary to support and protect the health and safety of the Parties, the safety of the College community/its members, and fairness of any process activated under this Policy. In general, Supportive Measures are individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant and Respondent to:
- Restore or preserve the Party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the Parties or the recipient’s educational environment; or
- Provide support during the Resolution Procedures.
Supportive Measures may vary depending on what the College deems to be reasonably available. These measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; restrictions on contact applied to one or more Parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity.
Supportive Measures are designed to minimize the impact on the Parties and to provide for a fair and equitable process. Should a Party wish to challenge the implementation of a supportive measure, they can contact the Title IX Coordinator or Chief Diversity Officer directly.
The Title IX Coordinator has the authority to adjust a Supportive Measure during the Resolution Procedures. The Title IX Coordinator is also charged with the responsibility of ensuring that Supportive Measures are designed to preserve or restore access to the College’s education programs and activities and that they remain in place only for so long as is reasonably necessary past the pendency of the Resolution Procedures provided, they are not punitive.
Alleged Violations of Terms of Supportive Measures
In the event of being notified of a possible violation of any term of a Supportive Measures by either Party, the Title IX Coordinator (or other responsible administrator) will promptly arrange a meeting with the Party to discuss the possible violation. The Title IX Coordinator will decide, based on a Preponderance of the Evidence, whether a student Party violated any term of an Interim Suspension, and if so, the appropriate sanction for the violation. Human Resources shall be decisionmaker in the event of an allegation of violation by a staff member. Faculty will be referred to the Faculty Handbook Section 4.3. for Grounds for Dismissal and Susupension without Pay for Cause for any violations by Faculty of Supportive Measures.
Typically, the decisionmaker will use graduated sanctions, but a single serious violation or one that threatens the integrity of this process, such as an attempt to intimidate or otherwise influence a witness, can result in the imposition of a full Academic Suspension or leave without pay or termination for staff.
The Title IX Coordinator may place a student Respondent on Interim Suspension (Non-Academic or Academic) or a staff Respondent (in consultation with the Office of Human Resources) on a Paid Leave of Absence. An Interim Suspension (Academic or Non-Academic) is the immediate, non-disciplinary, temporary separation of a student from the College pending the outcome of the Resolution Procedures. A Respondent placed on Non-Academic Interim Suspension is permitted to continue their academic program at the College, although the Title IX Coordinator may restrict the Respondent’s privileges at the College (including, but not limited to, removing the Respondent from student housing, restricting participation in athletics or student government, prohibiting attendance at on or off-campus College events, and participating in sponsored internships or work study programs).
A Respondent placed on Academic Interim Suspension is prohibited from participation in any College activities/privileges described immediately above as well as prohibited from taking classes at any of The Claremont Colleges. Academic Interim Suspensions will only be considered in circumstances in which the Title IX Coordinator determines that Respondent presents a material threat of disruption or violence to the College community. The Respondent will receive notice and an opportunity to appeal the decision immediately following the emergency removal.
For cases of sex discrimination and Sex-Based Harassment only, the College may remove a Respondent from the College’s education program or activity on an emergency basis, where the College:
- Undertakes an individualized safety and risk analysis;
- Determines that an immediate and serious threat to the health or safety of a Complainant or any student, employee, or other individual arising from the allegations of sex discrimination justifies a removal; and
- Provides the Respondent with notice of and an opportunity to challenge the decision immediately following the removal.
The Respondent may challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. CMC will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.
A Paid Leave of Absence for staff is the immediate, non-disciplinary, and temporary removal of a staff member from campus pending the outcome of the Resolution Procedures.
Emergency Suspensions with Pay for Faculty
The Title IX Coordinator will notify the Dean of Faculty when they believe an emergency suspension with pay of a Faculty Member is warranted and provide sufficient information for the Dean of Faculty to evaluate the matter. An emergency suspension with pay of a Faculty Member may be ordered by the Dean of the Faculty and remains in place until a final determination of the matter is reached by the College. An emergency suspension with pay will be based on a determination by the Dean of the Faculty and/or the President that serious harm to the Faculty Member, to others in the community, or to the educational program would ensue from continuation of the Faculty Member’s duties and or presence on campus. Such a suspension is not intended for disciplinary purposes, but is instead intended to facilitate a proper handling of the investigation and to minimize risks to the College. When practicable, the Dean should consult with the Appointment, Promotion, and Tenure Executive Committee on the propriety, length, and other conditions of the emergency suspension.
Appealing Emergency Removals and Administrative Leaves
A Respondent has the right to appeal the Emergency Removal/Paid Leave of Absence/Emergency Suspension with Pay. An appeal must be submitted within three (3) business days upon notice of removal. The Appeal Officer will issue a decision within five (5) business days. The Chief Diversity Officer will receive the appeal and consult with the appropriate supervising Vice President, who has the final authority on ruling on the appeal:
- Vice President of Student Affairs (or designee) for student Respondents;
- Executive Vice President and Chief Operating Officer (or designee) for staff member, third Party, or Faculty Member Respondents.
In reviewing all initial and subsequent reports of Prohibited Conduct, the College (in consultation with all relevant Parties) will assess as appropriate any risk of harm to the Complainant, Respondent or to the broader campus community and will take steps necessary to address those risks. These steps will include any Supportive Measures to provide for the safety of the Complainant, Respondent, and the College community.
In addition, whenever the College receives a report of Prohibited Conduct that indicates an immediate threat to Complainant, Respondent, or other member of the community, the College will seek to notify appropriate first responders (including law enforcement and emergency medical responders) as soon as reasonably possible. The College will also implement any Supportive Measures as it determines are necessary and appropriate to provide for the safety of Complainant, Respondent or the College community.
Intake and Assessment occurs whenever the College receives a report or Complaint of Prohibited Conduct under this Policy. To proceed to the Resolution Procedures, the report or Complaint must contain allegations that, if established by a preponderance of evidence, would meet all of the elements of a definition of Prohibited Conduct under this Policy.
A Complainant can be:
- a student or employee who is alleged to have been subjected to Prohibited Conduct; or
- a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Prohibited Conduct and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged Prohibited Conduct.
Outreach to Potential Complainant
Upon receiving a report of alleged Prohibited Conduct, the Title IX Coordinator will assess the report and provide outreach, as appropriate, to each identifiable individual who is alleged to have experienced the Prohibited Conduct. The outreach will include all of the following information:
- The College has received a report of Prohibited Conduct that may have violated this Policy.
- A statement that retaliation for filing a Complaint or participating in a Complaint process, or both, under this Policy is prohibited;
- Counseling resources within the College or in the community;
- Where a crime may have occurred, notice that the individual has the right, but not the obligation, to report the matter to law enforcement;
- The College’s investigation procedures established pursuant to the requirements of this Policy;
- Potential Supportive Measures, such as no-contact directives, housing changes, and academic schedule changes, where applicable;
- The importance of preserving evidence;
- A request to meet with the Title IX Coordinator to discuss options for responding to the report; and
- The manner in which the College responds to reports of Prohibited Conduct and a description of potential disciplinary consequences.
Upon receipt of a report of Prohibited Conduct, the Title IX Coordinator will request a confidential meeting with the Complainant to review the alleged Policy violation and advise on the Complainant’s ability to bring an Advisor and/or Support Person.
This meeting is not intended to serve as an exhaustive interview, but rather to provide the Title IX Coordinator with sufficient contextual information to determine the appropriate next steps to assess the need for any Supportive Measures for the Complainant and to guide the College’s response.
Below is a summary of the topics that the Title IX Coordinator will address in the meeting:
- Access to this Policy;
- Information regarding available campus and community resources for counseling, health care, mental health, or victim advocacy. Upon request, information regarding legal assistance, visa and immigration assistance, student financial aid and other available services may be provided;
- The availability of Supportive Measures regardless of whether a complaint is filed;
- The options for resolution (no action, prevention, ABR, Formal Resolution Procedures, or the Title IX Resolution Procedures (as applicable) and how to initiate the Resolution Procedures;
- The right to notify law enforcement as well as the right not to notify law enforcement;
- The importance of preserving evidence and, in the case of potential criminal misconduct, how to get assistance from Campus Safety or local law enforcement in preserving evidence;
- For cases of California Sexual Violence, the role of victim advocates and a student’s right to consult with an attorney, at their own expense, at any stage of the process if they wish to do so.
- The identification and location of witnesses;
- The right to an Advisor, if applicable, during the Resolution Procedures under this Policy including the initial meeting with the Title IX Coordinator;
- A statement that retaliation for filing a complaint, or participating in the complaint process, is prohibited; and
- Information on how to initiate the Formal or the Title IX Resolution Procedures (as applicable), or Resolution-Based Agreement process and how those procedures work, including contacting and interviewing Respondent and seeking identification and location of witnesses.
If a Complainant indicates that they wish to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College’s general policy is to respect such request unless certain overriding factors are present related to the College’s obligation to provide a safe, non-discriminatory environment for all members of the community, including the Complainant. When evaluating this request, the College must also consider its obligations to employees and is generally obligated to investigate Prohibited Conduct against its employees under applicable employment laws if the reported Prohibited Conduct, if true, would meet the definition.
If the College honors a Complainant’s request for confidentiality, the College’s ability to meaningfully investigate the incident, pursue Supportive Measures, and impose discipline against the Respondent may be limited.
There are circumstances in which the College may not be able to honor a Complainant’s request to provide a safe, nondiscriminatory environment for all members of the community.
In evaluating these requests, the Title IX Coordinator will consider a range of factors, including the following:
- Whether there have been other Prohibited Conduct complaints about the same individual;
- The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
- The risk that additional acts of Prohibited Conduct would occur if a Complaint is not initiated;
- The severity of the alleged Prohibited Conduct, including whether the Prohibited Conduct if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the Prohibited Conduct and prevent its recurrence;
- The scope of the alleged Prohibited Conduct, including information suggesting a pattern, ongoing Prohibited Conduct, or Prohibited Conduct alleged to have impacted multiple individuals;
- Whether the College could end the alleged Prohibited Conduct and prevent its recurrence without initiating its Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable);
- Whether the individual has a history of arrests or records from a prior institution indicating a history of violence;
- Whether the individual threatened further Prohibited Conduct or other violence against the Complainant or others;
- Whether the Prohibited Conduct was committed by multiple alleged perpetrators;
- Whether the Respondent reportedly used a weapon or physical restraints or engaged in battery;
- Whether the Complainant is a minor;
- Whether the Respondent is a faculty or staff member with oversight of students;
- Whether there is a power imbalance between the Complainant and Respondent;
- Whether the Complainant believes that the Complainant will be less safe if the Complainant’s name is disclosed or an investigation is conducted; and
- Whether the College is able to conduct a thorough investigation and obtain relevant evidence in the absence of the Complainant’s cooperation. The Title IX Coordinator will inform the Complainant if factors require the College to activate the Resolution Procedures against a Complainant’s wishes and will explain that the Complainant is not required to participate in the Resolution Procedures.
The Title IX Coordinator will inform the Complainant if factors require the College to activate the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) against a Complainant ‘s wishes and will explain that the Complainant is not required to participate in the Resolution Procedures or the Title IX Resolution Procedures (as applicable). If the Complainant does not want to participate, the Title IX Coordinator will appoint a representative from the College to serve in the role of Institution as Complainant.
If the Title IX Coordinator determines that it can honor the Complainant’s request for confidentiality and not file a Complaint, the College shall still take reasonable steps to respond to the report, consistent with the request, to limit the effects of the alleged Prohibited Conduct and prevent its recurrence without initiating the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) against the Respondent or revealing the identity of the Complainant. These steps may include increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual violence. CMC shall also take immediate steps to provide for the safety of the Complainant while keeping the Complainant’s identity confidential as appropriate. These steps may include implementing Supportive Measures, changing living arrangements or course schedules, assignments, or tests. The steps the College will take may not include the imposition of disciplinary sanctions or other actions against the Respondent. The Complainant shall be notified that the steps the College will take to respond to the report will be limited by the request for confidentiality.
If the Title IX Coordinator determines that it must disclose the Complainant’s identity to the Respondent and/or proceed with the initiation of Resolution Procedures, the Title IX Coordinator shall inform the Complainant prior to making this disclosure or initiating the Resolution Procedures. The College shall also take immediate steps to provide for the safety of the Complainant where appropriate. For cases of Sexual Violence under the California Education Code, if a Complainant requests that the College inform the Respondent that the Complainant asked the College not to investigate or seek discipline, the College shall honor this request.
For conduct that is not covered by the Title IX Resolution Procedures, CMC may dismiss a Complaint of Prohibited Conduct (whether received orally or in writing) or determine that the Formal Resolution Procedures should not be initiated if:
- CMC is unable to identify the Respondent after taking reasonable steps to do so;
- The Respondent is not participating in CMC’s education programs or activities and/or is not employed by CMC;
- The Complainant voluntarily withdraws their Complaint in writing and the Title IX Coordinator declines to initiate a Complaint;
- The Complainant voluntarily withdraws some but not all allegations in a Complaint in writing, and CMC determines that, the conduct that remains alleged in the complaint would not constitute Prohibited Conduct under this Policy; or
- CMC determines the conduct alleged in the Complaint, even if proven, would not constitute Prohibited Conduct under this Policy.
The College will attempt to clarify the allegations with the Complainant prior to dismissing a report or Complaint.
Upon dismissal, CMC will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, CMC will notify the Parties simultaneously, in writing. If a dismissal of one or more allegations changes the appropriate decision-making process under these Resolution Procedures, the Title IX Coordinator will include that information in the notification.
CMC will notify the Complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the Respondent has been notified of the allegations, CMC will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, CMC will follow the procedures outlined in the Appeals section below.
The Title IX Coordinator will determine (consistent with the section above) whether to initiate the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) after making a determination as to whether the allegations on their face if they could be established by a preponderence of the evidence, constitute Prohibited Conduct under this Policy and/or the TCC Title IX Policy and which Resolution Procedures are appropriate. These determinations will be promptly documented in writing by the Title IX Coordinator.
- Where the Title IX Coordinator determines that the allegations on their face do not present a potential violation of this Policy or the TCC Title IX Policy, the Title IX Coordinator will within ten (10) business days notify the Complainant in writing that the complaint will not be processed under this Policy without further information. The Title IX Coordinator will refer the Complainant to another College office if appropriate and will notify the Complainant of any referral.
- Where the Title IX Coordinator determines that the allegations on their face if they could be established by a preponderence of the evidence, constitute Prohibited Conduct under this Policy and that initiation of the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) under this Policy is appropriate, the Title IX Coordinator will within ten (10) business days (or as reasonable if there are any safety concerns) conduct an intake meeting with the Respondent (see below) and then send a Notice of Referral for Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) to the Complainant and Respondent.
- Where the Title IX Coordinator determines that the allegations on their face if they could be established by a preponderence of the evidence, constitute Prohibited Conduct under the TCC Title IX Policy and that a formal investigation under the TCC Title IX Policy is appropriate, the Title IX Coordinator will within ten (10) business days meet with the Respondent (see below) and then refer the matter to the applicable TCC Title IX Resolution Procedures.
If the Title IX Coordinator determines that the Complainant’s report or Complaint on its face, contains an allegation that if established by a preponderence of the evidence, could constitute Prohibited Conduct under this Policy and/or the TCC Title IX Policy, the Title IX Coordinator will contact the Respondent to request a confidential meeting to review the alleged Prohibited Conduct and advise the Respondent of the ability to bring a Support Person and Advisor.
- In the Title IX Coordinator’s meeting with the Respondent, the Respondent will be notified of the nature of the alleged Prohibited Conduct and the facts which give rise to the alleged violation based on the limited information available to the Title IX Coordinator at that time. The Title IX Coordinator will not interview the Respondent during this meeting.
- The Title IX Coordinator will discuss the same topics with Respondent during the Intake meeting as is detailed for the Complainant, with the addition of describing Respondent’s choice to participate or not in an Agreement-Based-Resolution or Formal Resolution Procedures.
Agreement-Based Resolution
The Agreement-Based Resolution (ABR) process is an Agreement-Based Resolution option where the Parties each voluntarily agree to resolve the allegations or Complaint of Prohibited Conduct through a Resolution Agreement with agreed upon resolution terms and without engaging in an investigation or proceeding to a hearing where there is a determination of responsibility. No Party may be required to participate in the ABR. The Chief Diversity Officer or Title IX Coordinator must determine that ABR is an appropriate resolution option. ABR may be less time intensive than the Formal Resolution Procedures, while affording Parties an opportunity to actively participate in a process that seeks to provide autonomy regarding achieving a desired outcome. ABR is a voluntary, structured interaction between or among affected Parties. Additional rules for engaging in ABR for the cases covered by the Title IX Resolution Procedures are set forth in that section of the Policy.
A Complaint is not required for ABR; however, the Complainant must articulate the allegations of Prohibited Conduct they wish to resolve through the process.
The ABR process is generally expected to commence as soon as possible, and within fifteen (15) business days, after receipt of the Parties’ agreement in writing to engage in the process. The process of facilitating and finalizing the Resolution Agreement will generally be completed within thirty (30) business days, depending on the form of ABR. The length of time provided to complete the terms of the Resolution Agreement after the Agreement is finalized will vary depending on the terms and what the Parties have agreed upon. During the ABR process, all timeframes for any other stages under this Policy, including investigation, Evidence Review Process, or conducting the hearing will be paused to allow the Parties sufficient opportunity to engage in the ABR process.
The ABR options available under this Policy include, but are not limited to: Facilitated Resolution Agreement, Mediation, and Restorative Focused Options. Each option is further described below and is led by a designated Facilitator who is appropriately trained on the ABR option and must not have any Conflict of Interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent. The Chief Diversity Officer or Title IX Coordinator may serve as the Facilitator or designate another external or internal Facilitator. The Investigator, Hearing Decision maker, or any other decision maker within the process for the same matter under this Policy may not serve as the Facilitator. Regardless of the elected option, the Parties may have a Support Person and/or Advisor present with them through the ABR process. The Facilitator and/or the College reserve the right to exclude or remove a Support Person and/or Advisor who does not comply with this Policy during the ABR process. Unless they have decided to withdraw from the ABR process, the Parties are required to actively participate in the selected ABR process, including by attending the meetings, engaging with the Facilitator, providing timely responses, and completing any actions required in their ABR process. Either Party may withdraw at anytime, in which case the Formal Resolution Procedures will resume (or be initiated). The opportunity for any Party to withdraw from an ABR process concludes when the Parties and the Title IX Coordinator sign the Resolution Agreement. Once signed, the agreed-upon terms of the Resolution Agreement are binding on all Parties, and no withdrawal or appeal is permitted.
The Facilitator will provide regular status updates to the Parties and Title IX Coordinator, if applicable. The Title IX Coordinator will assist in managing the ABR process to the extent necessary to ensure the process is moving forward in a productive and timely manner, and they will be available to the Parties should they have any questions or concerns throughout the ABR process.
If the matter is successfully resolved, the process concludes with a written Resolution Agreement outlining the resolution terms agreed upon by the Parties. The Title IX Coordinator must review and approve the Resolution Agreement. The ABR process concludes when the Resolution Agreement is signed by all Parties and the Title IX Coordinator, and upon sufficient completion of the agreed upon terms.
ABR may be initiated at any time during the Formal Resolution Procedures prior to the release of the Hearing Decision Report. ABR does not include any determination made as to whether a Respondent engaged in the alleged Prohibited Conduct and/or violated this Policy.
The Title IX Coordinator must still take other prompt and effective steps as needed to ensure that Prohibited Conduct does not continue or recur within the College education program or activity even if the Parties voluntarily agree to engage in ABR.
It is important to note that there are circumstances where ABR, or a specific option under ABR, is not available or is determined not appropriate to resolve a report or Complaint of Prohibited Conduct. The Title IX Coordinator has discretion to not offer ABR to resolve a particular matter, or to determine that the ABR process is not appropriate based on the circumstances of the report or Complaint, and that the matter must instead be resolved through another process, such as the Formal Resolution Procedures. In making this determination, the Title IX Coordinator may consider the following: The severity of the allegations, whether there is an ongoing threat of harm or safety, or risk of future harm, to others in the campus community, whether there is an identifiable power differential (with regard to positional authority or employment) between the Parties, and whether the Parties are participating in good faith. This determination is not subject to appeal.
Any Party may withdraw from the ABR process at any point before all Parties have signed the Resolution Agreement. Additionally, the Title IX Coordinator has discretion to terminate the process when the Parties do not agree on the terms, it is determined that the process is no longer productive or that any Party is not engaging in good faith, or upon receipt of evidence or information that would make addressing the alleged conduct via ABR no longer appropriate. The Title IX Coordinator makes the final decision on whether to terminate the ABR process.
If a Party withdraws from the ABR process, the College may initiate or resume the Formal Resolution Procedure or the Title IX Resolution Procedures (as applicable)s. The Title IX Coordinator will notify Parties in writing if they determine they need to terminate the ABR process.
This Policy offers multiple ABR options for addressing reports or Complaints of Prohibited Conduct covered under this Policy. These options include, but are not limited to:
Facilitated Resolution Agreement
The Facilitated Resolution Agreement is a type of process facilitated by the Title IX Coordinator, or other designated Facilitator, with the purpose of finding resolution that addresses the concerns and desired outcome for all Parties. The Parties meet separately with the Title IX Coordinator, and do not interact directly with the other Parties. While this option must still be approved by the Title IX Coordinator, this option allows the Parties flexibility in finding resolution as it does not have the same limitations as the other options (e.g., can be used to address any Prohibited Conduct under this Policy, so long as it is approved by the Title IX Coordinator, it does not require the Respondent to acknowledge harm (Restorative Justice), and does not include any direct dialogue between the Parties (Mediation or Restorative Justice)).
Mediation
Under California law, mediation is not permitted, even on a voluntary basis, to resolve allegations involving Sexual Assault and Sexual Violence as defined in this Policy. Mediation may be permitted for other situations not involving Sexual Assault or Sexual Violence, such as reports involving allegations of other Prohibited Conduct defined in this Policy. Mediation may be preferable for Parties who wish to have facilitated dialogue without the condition of Respondent acknowledging harm. The purpose of mediation is for the Parties who are in conflict to identify the alleged conduct, the implications of a Respondent’s actions and, with the assistance of a trained Facilitator (mediator), identify points of agreement and appropriate remedies to address the harm. Either Party can request mediation to seek resolution.
During the mediation process, the Facilitator will guide a discussion between the Parties. The Parties are not permitted to contact one another outside of the mediation process. Meetings may be held in person or via videoconference. In circumstances where the Parties do not wish to meet face to face, either Party can request that the Facilitator conduct separate meetings.
Restorative Options
To qualify for the Restorative Options (“RO”) resolution option, the Respondent must acknowledge (but need not admit to) the harm experienced by Complainant and agree to take responsibility for repairing the harm, to the extent possible, experienced by the Complainant, and any other relevant, directly impacted individuals in the College community. Respondent’s acknowledgment of harm is not an admission of a Policy violation(s), unless Respondent has expressly accepted responsibility pursuant to the process outlined in this Policy.
The Restorative Resolution Procedures, may include, but is not limited to, a Restorative Conference, or Restorative Circle, in person or via videoconference (if possible), that is facilitated by an appropriately trained Facilitator(s), and is intended to restore relationships and repair harm, to the extent possible, after a conflict has occurred. The Respondent(s), Complainant(s), and any other relevant, directly impacted individual(s) come together with the Facilitator to identify what harm was caused and, collaboratively, determine how conflict and trust might be, respectively, resolved and repaired. All Parties must agree on who is present during the discussion.
A Restorative Conference, generally, is a structured, facilitated dialogue between the individual(s) who caused harm and the individual(s) impacted by the harm.
A Restorative Circle, generally, is similar to a Restorative Conference, but utilizes a circle process to facilitate the dialogue and may include a talking piece that is passed around the circle allowing for each person in the circle, while holding the talking piece, to speak and be heard.
Initiating the Agreement-Based Resolution Procedures
Prior to initiating the process, each Party must provide their voluntary agreement to engage in the ABR process to the Title IX Coordinator in writing and if applicable, indicate the ABR option (i.e., Facilitated Resolution Agreement, Mediation, or Restorative Justice).
Upon confirmation of the Parties’ voluntary agreement to proceed with ABR and the selected option, the Title IX Coordinator will provide a written Notice of ABR to the Parties that explains:
- The specific allegation(s) and alleged Policy violation(s);
- The requirements of ABR process;
- That the process is voluntary, and the Parties must not be required or pressured to participate;
- The Parties agree that this process is confidential related to any information including admissions of responsibility they share or receive during the ABR process concerning the allegations of the report or Complaint. No information concerning the allegations of Prohibited Conduct obtained solely within the ABR process may be disseminated to any person outside the ABR process, provided that any Party may generally discuss the allegations under investigation for the purpose of gathering evidence. Should the ABR process end or be terminated prior to reaching a Resolution Agreement, information disclosed or obtained for purposes of the ABR process remains confidential, and shall not be used except where the Title IX Coordinator has determined it is appropriate with regard to admission of responsibility in the same case, or to allegations of similar conduct raised against Respondent in another case;
- Any consequences resulting from participating in the ABR process, including the records that will be maintained or could be shared, and whether the Title IX Coordinator could disclose such information for use in a future Resolution Procedures, including a Formal Resolution Procedures arising from the same or different allegations, as may be appropriate;
- Consequences should any Party fail to comply with the agreed upon terms applicable to them in the Resolution Agreement. This may include resuming or initiating the Formal Resolution Procedures, and/or referral to the Dean of Students Office, Human Resource Office, or Dean of Faculty Office for review, which may result in new or additional discipline or sanctions, including probation, suspension, or expulsion;
- The Resolution Agreement resulting from the ABR process is binding on the Parties and is not subject to appeal;
- Once the Resolution Agreement is finalized and signed by the Parties, the Parties cannot initiate or resume a Formal Resolution Procedure arising from the same allegations, unless it is determined that there was failure to comply with the terms of the Resolution Agreement and the matter should be resolved under a different resolution option;
- A matter is considered resolved and concluded once the agreed upon terms have been sufficiently completed;
- The decision to participate in the ABR process does not presume that the alleged Prohibited Conduct at issue has occurred;
- A statement that the Respondent is presumed not responsible for violating this Policy, unless Respondent admits to violations of this Policy;
- An explanation that all Parties may be accompanied by a Support Person, and/or an Advisor, who may be a parent, colleague, friend, or may be, but is not required to be, an attorney;
- A statement that any Party has the right to withdraw from the ABR process and may initiate or resume the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) (if already begun), at any time before all Parties sign the Resolution Agreement. Should the Parties withdraw from the ABR process, information disclosed or obtained for purposes of the ABR process remains confidential as set forth above;
- A statement that the Title IX Coordinator has the discretion to terminate the ABR process upon determination that the Parties are not engaging in the process in good faith, or upon receipt of evidence or information that would make addressing the alleged conduct no longer appropriate;
- A statement that participating in ABR, the Parties understand that timelines for any stages of the Resolution Procedures, including any pending Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable), will be paused to allow the Parties full participation in the ABR Process and will only recommence if ABR is ended, by withdrawal by a Party, or termination by the Title IX Coordinator;
- Information regarding Supportive Measures, which are equitably available to the Parties; and
- Examples of potential resolution terms that may be requested or offered in a Resolution Agreement.
Facilitating Agreement-Based Resolution and the Resolution Agreement
Upon confirmation that the Parties still wish to proceed with ABR after issuance of the Notice of ABR, and an option has been selected by the Parties and approved by the Title IX Coordinator, the Parties will then meet with the designated Facilitator(s) pursuant to their selected ABR option (Facilitated Resolution Agreement, Mediation, or RJ) to resolve the report of Complaint of Prohibited Conduct and facilitate the Resolution Agreement.
Any Party may craft or create proposed resolution terms for their Resolution Agreement and will be asked for their suggestions or ideas by the Title IX Coordinator. Examples of resolution terms that may be included in a Resolution Agreement include, but are not limited to:
- The Parties will not communicate or otherwise engage with one another, either directly or indirectly, by any means (Mutual No Contact Order) or agreement that Respondent will not communicate or otherwise engage with Complainant, either directly or indirectly, by any means (Unilateral No Contact Order);
- Class adjustments and/or restriction from enrolling in mutual classes with Complainant for a specified term(s);
- Housing relocation or removal, and/or restriction from living in specific residence halls for a specified term(s);
- Restriction from or limiting access to certain buildings on campus, including residence halls, dining halls, library, and recreational facilities;
- Changes in work schedules, locations, or assignments;
- Restrictions or limitations on participation in and/or presence at activities and events, such as extracurricular activities, athletics events, student organizations, social events, etc.;
- Sufficient completion of educational training or project by the Respondent, and sufficient completion of any assignments, such as a reflection paper or essay. Training or education topics may include, but are not limited to: affirmative consent, healthy relationships, bystander intervention, and drug or alcohol use (if related to the allegations);
- Sufficient completion of community service hours or project by the Respondent;
- Participation in and completion of mentoring, coaching, or counseling sessions within specified term(s), and sufficient completion of any assignments, such as a reflection paper or essay;
- An agreement to engage in a restorative justice process, such as a conference, circle, or facilitated dialogue;
- Sharing of Complainant’s impact statement with Respondent, with optional reflection or response from Respondent;
- Disciplinary terms, such as agreement to serve conduct probation or suspension for a specified term(s), or to permanently separate from the College and ineligibility to re-enroll, or be employed, or apply for admission at any other TCC Institutions; and
- Agreement to have degree conferral delayed for specified term.
The Title IX Coordinator may require certain resolution terms be included in the Resolution Agreement, such as educational training and/or implementation or extension of a mutual or unilateral No Contact Order. Any agreed-upon remedies and disciplinary sanctions agreed to in ABR have the same effect as remedies given and disciplinary sanctions imposed following a Formal Resolution Procedure.
Finalizing the Resolution Agreement
If a Resolution Agreement is reached, the Title IX Coordinator or the Chief Diversity Officer will review and approve the resolution terms. The Facilitator will draft the Resolution Agreement to include the resolution terms discussed with the Parties and approved by the Title IX Coordinator.
The Title IX Coordinator will provide copies of the Resolution Agreement to the Parties. The Title IX Coordinator, Dean of Faculty, and/or Human Resources professional will monitor adherence and completion of the agreed upon terms and will update the Complainant accordingly. The matter will be considered resolved and closed when it is determined that Respondent has sufficiently completed and/or complied with the terms of the Resolution Agreement.
The Title IX Coordinators and/or Human Resources professionals will keep records of all reports and timelines for any stages of the Resolution Procedures, Prohibited Conduct addressed through ABR consistent with the College’s record retention policies.
Any violations or unsuccessful completion of any terms of the Resolution Agreement may result in a referral for review by the appropriate office, which may result in disciplinary action. The Title IX Coordinator will determine next steps in the Resolution Procedures under this Policy should there be a failure to comply with the terms of the Resolution Agreement, including initiating or resuming the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable). The Complainant’s wishes regarding next steps will be considered in this determination.
The Civil Rights Resolution Procedures (“Formal Resolution Procedures”) address the College’s commitment to providing an adequate, reliable, and impartial investigation of Complaints to investigate and resolve reports or Complaints of Prohibited Conduct defined above. In addition, if the same set of alleged facts for a matter reviewed by these Formal Resolution Procedures also implicate any other College Policy or the Title IX Resolution Procedures, that other Policy violation will be integrated into and resolved by these Formal Resolution Procedures.
The maximum possible sanctions for Policy violations pursuant to these Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) include:
- Suspension or expulsion for students;
- Dismissal or termination of employment for staff members;
- Dismissal or termination for adequate cause for Faculty Members; and
- Banning from campus and terminating contracts with third Parties.
The College exercises its judgment in designing reasonable sanctions. Not all violations will be deemed equally serious offenses, and the College reserves the right to impose different sanctions depending on the severity of the offense and to take Non-Disciplinary, Administrative Measures as appropriate. Non-Disciplinary, Administrative Measures may include, but are not limited to, delaying the conferral of a degree until the conclusion of the Resolution Procedures where allegations, if true, may result in a student’s suspension or expulsion. The following provisions apply to all Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable). The Title IX Resolution Procedures have specific provisions required by law, which are set forth in the Title IX Resolution Procedures.
Written Notice
The Title IX Coordinator will provide each Party with a written Notice of Allegations for Formal Resolution or the Title IX Resolution Procedures (as applicable), The Notice shall include statements as required by law, which shall include to a minimum:
- The College’s Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable), including the applicable determination procedure, and any Agreement-Based Resolution procedures, with a link to the full procedures;
- The specific allegations, including the identity of the Parties, and dates and location if known;
- Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), a description of the facts alleged to constitute Prohibited Conduct, the type of Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
- A statement that Retaliation is prohibited;
- Contact information for the assigned Investigator and Decision maker (depending on the nature of the process), as well as the process for raising a challenge to the appointed Investigator, Decision maker, or Title IX Coordinator, and the deadline for doing so;
- A statement indicating the expected length of the major stages of the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable), as well as any applicable deadlines
- Whether the Investigator, or another individual, shall serve as the Decision maker
- A statement that the Respondent is presumed not responsible for Prohibited Conduct until a determination is made at the conclusion of the Formal Procedures or the Title IX Resolution Procedures (as applicable). Prior to such a determination, the Parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decision maker;
- A statement indicating that the Parties may have an Advisor of Choice who may be a friend, colleague, therapist, or attorney;
- A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence, and to provide a response;
- A statement that CMC prohibits knowingly making false statements or knowingly submitting false information during any Resolution procedures, with a link to the relevant policy(ies); and
- The date and time of the initial interview with the Investigator, with a minimum of five (5) days’ notice.
The Title IX Coordinator will provide an updated Notice in the event of new allegations of Prohibited Conduct that arise during the course of the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) that could subject either Party to new or additional sanctions under this Policy. The updated Notice will include the specific Prohibited Conduct and related Policy violations at issue. If the College has reasonable concerns for the safety of any person as a result of providing a Notice under this section, the College may reasonably delay providing Notice of the allegations in order to address the safety concern appropriately. Reasonable concerns will be based on an individualized safety and risk analysis and not on speculation or stereotypes.
Decision-Making Standard
To determine whether a Respondent is responsible for engaging in Prohibited Conduct under this Policy, the College applies a Preponderance of the Evidence decision-making standard. All determinations will be made by a preponderance of the evidence.
Evidentiary Considerations
While these Formal Resolution Procedures are not governed by civil or criminal rules of evidence, it should include only information that is relevant, non-repetitive and the sort of information a reasonable person would find reliable. Evidence is relevant in cases of Prohibited Conduct if it is related to the allegations of Prohibited Conduct under review as part of the Formal Resolution Procedures.
Within that framework, the Investigator and Decision Makers will adhere to the following:
- Questions of either Party or any witness that are repetitive, irrelevant, or harassing will not be permitted.
- Questions are relevant when they seek evidence that may aid in showing whether the alleged Prohibited Conduct occurred, and evidence is relevant when it may aid a Decision Maker in determining whether the alleged Prohibited Conduct occurred.
- The Decision Makers may not make an adverse inference from either Parties decision not to participate in the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) and will make a determination of Responsibility or Non-Responsibility based solely upon the information presented during the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable).
The following types of evidence, and questions seeking that evidence, are impermissible. This means this information will not be accessed or considered, except when offered by a Party to the College to determine whether one of the exceptions listed below applies. This information will not be disclosed or otherwise used, regardless of relevance:
- Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
- Evidence provided to a Confidential Resource, unless the person who made the disclosure or otherwise provided evidence to that Confidential Resource has voluntarily consented to re-disclosure;
- A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless the College obtains that Party’s or witness’s voluntary, written consent for use in the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable); and
- Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove Affirmative Consent to alleged Sex-Based Harassment. The fact of prior consensual sexual conduct between the Parties does not by itself demonstrate or imply the Complainant’s Affirmative Consent to other sexual activity or preclude a determination that Prohibited Conduct occurred.
Information about the past sexual history of the Complainant or the Respondent shall not be considered except in these limited circumstances:
- Prior or subsequent sexual history between the Complainant and anyone other than the Respondent will only be considered if directly relevant to prove that physical injuries alleged to have been inflicted by the Respondent were inflicted by another individual.
- The existence of a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent will only be considered if the evidence is relevant to how the Parties communicated Affirmative Consent in prior or subsequent consensual sexual relations.
- Where consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent is permitted, the mere fact that the Complainant and the Respondent engaged in other consensual sexual relations with one another will not be sufficient, by itself, to establish that the conduct under review in the Formal Resolution Procedures was consensual.
- Before allowing consideration of any evidence of sexual history, the Investigator or Decision Makers will provide a written explanation to the Parties as to why consideration of the evidence is consistent with this Policy.
- Information about the good or bad character of the Complainant or Respondent is generally not relevant except in the unusual circumstance when such information could prove or disprove a relevant pattern of conduct or knowledge of wrongdoing. Information that shows a pattern of similar behavior may be included if the Investigator or Decision Maker deems it relevant, regardless of whether the prior behavior was the subject of any disciplinary proceeding.
- In cases where Faculty is the Respondent, the Chief Diversity Officer will consult with the Chair of Investigation Review Panel. to determine the admissibility of evidence under these legally-required parameters.
- The Title IX Coordinator will determine if the Investigator and the Decision Makers will have access to prior Complaints involving either Party if there is a pattern of similar behavior or if a prior complaint may be deemed material in the current investigation.
Advisors and the Parties may, in written form, note objections to questions posed during the hearing. The Decision Makers has no obligation to respond to the objections other than to include them in the record.
Alcohol or Substance Use
The use of alcohol or other drugs will never be a defense for or mitigate any behavior that violates College Policy.
Accepting Responsibility
At any point during a Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable), a Respondent can accept Responsibility for the identified Policy violation(s) and proceed directly to Sanctions. In doing so, the Respondent waives any right to appeal the determination of Responsibility.
No Communication Amongst Participants During the Formal Resolution Procedures
To promote an equitable process, the Complainant, Respondent and witnesses should not discuss the matter amongst themselves during the pendency of the Formal Resolution Procedures other than as needed for the Complainant and Respondent to prepare for or participate in the Resolution Procedures.
To preserve impartiality, any administrator with a role in the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) (e.g. sanctioning officer, appeal officer) may not discuss the matter with any participant during the pendency of the Formal Resolution Procedures, except as specifically outlined in this Policy.
Any Advisor or Support Person who fails to adhere to the requirements set out in this Policy may be prohibited from further participation in the Resolution Procedures. The Chief Diversity Officer will seek to provide reasonable warnings and opportunities to conform prior to prohibiting an individual from further participation as a Support Person.
These procedures will be administered in accordance with the principles applicable to all Formal Resolution Procedures as stated above. For staff, the procedures below shall be followed, unless the requirements for Student Respondents apply (for cases involving a staff Complainant and a student Respondent). For third Parties, the College will address the matter and respond appropriately based on the circumstances presented, including imposition of remedial measures and sanctions as appropriate. Any cases that fall under the Title IX Resolution Procedures shall be processed under those procedures.
The Chief Diversity Officer will appoint a trained internal or external investigator (the “Investigator”) to conduct an equitable and prompt investigation of the Complaint in accordance with the parameter established above. For investigations under this section each Party shall receive a Notice of Allegations.
The Investigator will interview all Parties and relevant witnesses and gather relevant documentary evidence provided by the Parties and any identified witnesses. Interviews may be conducted in person, or via video conference. When a Party meets with an Investigator, the Investigator will ask questions related to the allegations in the complaint and a Party is given the opportunity speak to the allegations and related events. Parties may identify fact witnesses and provide evidence that is relevant to the allegations and not otherwise impermissible. This will include inculpatory evidence (that tends to show it more likely that someone committed a violation) and exculpatory evidence (that tends to show it less likely that someone committed a violation). The Investigator ultimately determines whom to interview to determine the facts relevant to the Complaint.
The Investigator will hold individual interviews with Parties and witnesses to ask relevant and not otherwise impermissible questions and follow-up questions, including questions exploring credibility. Only the Investigator and the Party or witness may attend each individual interview, and a Party may be accompanied by their Support Person. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation.
The individual interviews may be conducted with all participants physically present in the same geographic location, or, at CMC’s discretion, with all participants joining virtually through a video conferencing option.
CMC may also adopt and apply other reasonable rules regarding decorum, provided they apply equally to the Parties. CMC will share expectations of decorum to be observed at all times in any meeting or proceeding under this Policy. These expectations are applied equally to all Parties, Advisors, and Support Persons. CMC has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved Party, witness, or Advisor who does not comply with these expectations and any other applicable CMC rules.
Evidence Review at the Conclusion of Initial Fact-Gathering
At the conclusion of all fact-gathering, the Investigator will provide each Party and their Advisor, if any, the opportunity to review all relevant and not otherwise impermissible evidence gathered.
The purpose of the inspection and review process is to allow each Party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation, to submit any additional relevant evidence and questions for Parties or witnesses, and the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence, or names of witnesses. Given the sensitive nature of the information provided, CMC will facilitate this review in a secure manner. None of the Parties nor their Advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any Party who fails to abide by this may be subject to discipline. Any Advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.
The Parties will have a minimum of 5 business days to inspect and review the evidence and submit a written response in writing to the Investigator. CMC will provide access to copies of the Parties’ written responses to the Investigator to all Parties and their Advisors, if any, when requested by the Parties. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence. At the conclusion of the evidence review, when deemed appropriate by the Investigator, the Investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence is gathered during this second fact-gathering period, the new evidence will be made available for review by the Parties and their Advisors. The Parties shall have 5 business days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the Investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.
The Investigator will consider the Parties’ written responses before finalizing the investigation report.
At the conclusion of the investigation, the Investigator will prepare an Investigation Report, which will contain a summary of issues, key findings of fact, a credibility assessment, and an analysis of disputed facts based on all available evidence. The Investigation Report will include recommended findings of fact based on a preponderance of the evidence standard, and an assessment of any Policy violations based on such findings of fact. Although not required, the Investigation Report may contain such underlying investigation materials as the Investigator determines is reasonably appropriate in view of the nature of the Complaint and the investigation.
The Investigation Report will be made available to both Parties for review, who will then have five (5) business days for them to submit a response to the Chief Diversity Officer. Except for good cause shown and accepted at the discretion of the Chief Diversity Officer, late responses or responses of more than five (5) pages (including any exhibits or appendices) will not be considered.
The Chief Diversity Officer may allow exceptions to these timing and length requirements upon written request by a Party and for good cause shown. The Chief Diversity Officer’s determination with respect to whether to allow any exception is discretionary and is not subject to appeal.
The Chief Diversity Officer will then review the Report and any responses with the relevant Sanctioning Officer as identified in the Sanctions section of this Policy, based on the Respondent’s status. The Sanctioning Officer can accept the recommendation, remand to the Investigator for further fact-finding, or reject for procedural error that substantially affected the outcome and remand for correction.
As to staff, the determination of Responsibility and sanctions are final and are not subject to appeal, except for cases of Title IX Sex-Based Harassment involving a student, in which case the Appeal Procedures applicable to student shall be followed. Nothing in this Policy or these Resolution Procedures alters an employee’s at will employment status.
Students are always treated as students under the Formal Resolution Procedures, even if the conduct giving rise to the alleged Policy violation occurred while the student was working for the College.
In cases with allegations of Sex-based Harassment involving a staff member and a student or a third Party and a student, the College may, within the sole discretion of the Title IX Coordinator, utilize a hearing appropriate to the circumstances to address such conduct.
For all other cases, the Parties shall be notified of the outcome as it relates to them.
These procedures will be administered in accordance with the principles applicable to all Formal Resolution Procedures as stated above. Any cases that fall under the Title IX Resolution Procedures shall be processed under those procedures.
Appointment of Investigator
The Title IX Coordinator will appoint a trained internal or external investigator or investigative team (the “Investigator”) to conduct an adequate, reliable, confidential, and impartial investigation of the Complaint. The Title IX Coordinator’s choice of Investigator will be based on several factors, including the Parties involved, the complexity of the Complaint, and the need to avoid any potential Conflict of Interest. Where appropriate, and at the discretion of the Investigator, the Investigator may engage the independent assistance of professional experts, such as case involving an unusual or otherwise complex question (e.g., academic freedom, mental health or trauma issues). Any cases that fall under the Title IX Resolution Procedures shall be processed under those procedures.
Appointment of Hearing Officer
The Title IX Coordinator will appoint a trained internal or external Hearing Officer or Hearing Officer team (the “Hearing Officer”) to conduct a reasonable, impartial, and prompt adjudication meeting of the Complaint. The Title IX Coordinator’s choice of Hearing Officer will be based on several factors, including the Parties involved, the complexity of the Complaint, and the need to avoid any potential Conflict of Interest.
The Hearing Officer is responsible for maintaining an orderly, fair, and respectful hearing and has the authority to respond to disruptive or harassing behavior. The Hearing Officer can adjourn or exclude the offending person at any time during the Hearing proceedings.
Investigation Phase One
The Investigator will establish an Investigation Plan. The Investigator will brief the Title IX Coordinator and Hearing Officer on the preliminary investigation plan in writing or orally. The Investigator will then conduct an Investigation based upon the facts and circumstances reported to the College and developed through the course of the investigation, including interviews and follow-up interviews as feasible and appropriate with the Complainant, the Respondent, and any witnesses, and gathering other relevant materials (i.e. text messages, social media posts, pictures) to the extent reasonable and appropriate.
Complainant, Respondent, and witnesses are expected to respond to the Investigator’s request to schedule an interview or to provide other evidentiary materials within a timely manner, generally within five (5) business days of the Investigator’s request. If a Party or witness fails to respond in a reasonable time, the Investigator may continue the investigation without the benefit of this information.
The Investigator will prepare a written summary of each interview and send the same to the witness for a review of accuracy. Unless the witness requests additional time, the witness statement will be deemed accurate if the witness does not provide feedback on the statement within two (2) business days of the Investigator emailing it to the witness.
Information may be developed during the investigation that indicates additional potential Policy violations in addition to those identified in the Notice of Referral for Formal Resolution. In such circumstances, the Investigator shall review such additional potential violations with the Title IX Coordinator, who shall assess whether reasonable cause exists to believe the Respondent engaged in the newly-discovered Prohibited Conduct. If so, the Title IX Coordinator shall send a written Amended Notice of Referral for Formal Resolution or Referral to the Title IX Procedures to include the relevant information.
When the Investigator determines that the investigation is reasonably complete, the Investigator will prepare a Preliminary Investigation Report, which will include:
- A summary of the incident, alleged Prohibited Conduct from the initial notice, the Complainant’s allegations, and the Respondent’s response;
- Identification of any new potential allegations of Prohibited Conduct raised by the information developed through the investigation and as authorized for incorporation by the Title IX Coordinator;
- A description of relevant, material undisputed facts; and
- A description of relevant, material facts in dispute (organized by definition of Prohibited Conduct).
The Investigator will notify the Title IX Coordinator once the Preliminary Investigation Report is available for review. The Investigator will share the Preliminary Investigation Report with the Title IX Coordinator for approval. Once approved, prior to any hearing, the Title IX Coordinator will notify the Parties and Hearing Officer when the Preliminary Investigation Report is available by confidential access (such as a protected, “read-only” posting to a secure web portal) to view the Report. Neither the Complainant nor Respondent (nor anyone on their behalf) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
Response to Preliminary Investigation Report
The Parties will have five (5) business days to submit a written request outlining any additional investigation steps that they believe are necessary or objections to the information included the Preliminary Investigation Report, including:
- Posing any follow-up issues or questions for any witness, the Complainant or Respondent;
- Requesting a follow-up interview with the Investigator to clarify or provide any additional information that such Party believes is relevant to the investigation or to seek clarification from the Investigator on aspects of the Preliminary Investigation Report;
- Identifying any new witnesses who should be interviewed (including a description of what topics/issues the witness should be asked to address and why this is necessary for the investigation);
- Identifying any additional evidentiary materials that should be collected and reviewed to the extent that such items are reasonably available (e.g., text messages, social media postings, etc.), understanding that the Investigator lacks the power to subpoena evidence; and,
- Identifying and objecting to any information that such Party believes was inappropriately included in the Preliminary Investigation Report.
After considering these requests, the Investigator will develop a Final Investigation Plan that outlines any additional investigatory steps to be taken and briefly explains any denied requests. The Investigator will also address any objections to the information included in the Preliminary Investigation Report. To the extent such objections are accepted, the Investigator will redact the Preliminary Investigation Report and investigation materials accordingly. The Investigator will maintain copies of both the complete and redacted investigation materials. To the extent such objections are not accepted, the Investigator will summarize these reasons but also note the Party’s objection(s).
The Investigator will brief the Title IX Coordinator on the Final Investigation Plan in writing or orally. The Title IX Coordinator will share the Final Investigation Plan with the Parties. If no one requests any further investigation or otherwise objects to the Preliminary Investigation Report, such Preliminary Investigation Report shall be deemed the Final Investigation Report.
Investigation Phase Two
The Investigator will complete the investigation as outlined in the Final Investigation Plan. After the Investigator determines that the final investigation is complete, the Investigator will prepare a Final Investigation Report. The Investigator will share the Final Investigation Report with the Title IX Coordinator for approval. Once approved the Title IX Coordinator will notify the Parties and Hearing Officer when the Final Investigation Report is available to review and will provide confidential access (such as a protected, “read-only” posting to a secure web portal) to view the Final Investigation Report. The Final Investigation Report will highlight any additions or modifications from the Preliminary Investigation Report for ease of reference.
Neither the Complainant nor Respondent (nor anyone on their behalves) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
The Hearing Officer will have the opportunity to review the Final Investigation Report. The Hearing Officer can make requests for additional investigation or clarification to the Title IX Coordinator on aspects of the Final Investigation Report. The Title IX Coordinator will relay the request to the Investigator. If the Hearing Officer makes additional requests, the Title IX Coordinator will notify the Parties.
A Hearing will be held in which the Hearing Officer will make findings of fact on disputed facts relevant to the definitions of Prohibited Conduct and determine if a Policy violation occurred based on the facts the Hearing Officer determined to have occurred.
Questioning
All questions during the Hearing shall be asked by the Hearing Officer. The Hearing Officer will question the Parties and whichever witnesses the Hearing Officer deem necessary to make their decision. The Hearing Officer will also pose all pre-approved questions from the Parties. Neither the Parties, their Advisor, or Support Person will be able to ask questions of the witnesses or the other Parties through the duration of the Hearing. All questions must be asked through the Hearing Officer.
Five (5) business days before the Hearing, each Party must submit questions to the Title IX Coordinator that they request the Hearing Officer to pose to the witnesses and Party at the Hearing. Questions will be limited to facts developed during investigation. The Title IX Coordinator will share those questions with the Hearing Officer. The Hearing Officer will permit any relevant and not otherwise impermissible questions as set forth above in this Policy (including questions that are unclear or harassing). The Hearing Officer must give a Party an opportunity to clarify or revise a question that was deemed unclear or harassing. If the Hearing Officer allows questions related to the existence of a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent, they must first provide a written explanation to the Parties as to why consideration of this evidence is being admitted. This explanation shall be consistent with this Policy.
During the Hearing, a Party may submit additional questions to the Hearing Officer. The Hearing Officer will determine during the Hearing which questions will be accepted or denied and must explain any decision to exclude a question as not relevant or otherwise impermissible. The Hearing Officer will then pose approved questions to the witnesses or the Parties. No request will be accepted after the witness or Party has been dismissed. The Parties will generally be able to submit questions once for each witness and Party. It is at the discretion of the Hearing Officer to determine if they will allow more than one set of questions.
Scheduling
The Hearing date will be scheduled no sooner than ten (10) business days after the release of the Final Investigation Report. The Title IX Coordinator will notify the Parties and witnesses of the Hearing date in writing. The Investigator must be available during the Hearing and may be called upon as a witness. All Parties and witnesses must attend the Hearing.
Participation of Parties and Witnesses
If either Party participates in the Investigation, they must also answer questions during the Hearing in order for the information they provided during the investigation to be considered during the Hearing so that the Hearing Officer may adequately assess the Party’s credibility. However, if a Party does not participate at all, the Hearing Officer may not draw a negative inference from their lack of participation. If a Complainant chooses not to participate in the Hearing, the College’s ability to fully investigate and respond to the complaint will be limited. The College may not be able to move forward to determine if a Policy violation occurred.
If a Party who participates in the investigation wishes to attend the Hearing but not answer any questions, they will be permitted to do so. However, the Party’s participation will be limited to attendance only. The Party will not be permitted to submit questions for any of the witnesses or Parties. The Hearing Officer may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed relevant and not impermissible.
If a Party does not participate in the Investigation but wishes to attend the Hearing, the Party cannot testify during the Hearing, answer questions at the Hearing, or otherwise present new information at the Hearing. The Party will be limited to only submitting questions for the Hearing Officer to pose about facts developed during the Investigation or during the Hearing.
The Hearing is closed and not open to the public. The Investigator and witnesses will only be in the Hearing room when they are called as a witness. A Party or witness may make a request to participate in the Hearing in an alternative, remote meeting room or with a partition screen in the Hearing room (while not providing testimony.) The alternative meeting room will be equipped with videoconferencing capabilities so that they can participate in the Hearing. The Parties must make their request at least forty-eight (48) hours before the date of the Hearing, and witnesses shall do so as well to the extent they have forty-eight (48) hours advance notice. The Parties’ Advisors may remain in the Hearing room for the duration of the Hearing.
The Hearing will be audio recorded and later transcribed by a transcription service. Audio recordings will be maintained by the College consistent with its record retention policies. Transcripts of the Hearing will be made available upon Parties’ request.
The Chief Diversity Officer and Title IX Coordinator will be present for the duration of the Hearing. The Hearing Officer will oversee the Hearing Meeting, which will generally follow the format below. The Hearing Officer in consultation with the Title IX Coordinator may change the order of the witnesses and Parties if they deem it necessary.
- The Title IX Coordinator will make opening introductions.
- The Hearing Officer will explain the rules for the Hearing.
- Witnesses called
- The Hearing Officer will determine the order of witnesses and ask questions of the witnesses,
- Parties may submit additional questions to Hearing Officer
- Hearing Officer will ask approved questions.
- Complainant called
- Hearing Officer will ask questions of the Complainant
- Parties may submit additional questions to Hearing Officer
- Hearing Officer will ask approved questions.
- Respondent called
- Hearing Officer will ask questions of the Respondent
- Parties may submit additional questions to Hearing Officer
- Hearing Officer will ask approved questions.
- The Complainant will have five (5) minutes to give an oral closing statement.
- The Respondent will have five (5) minutes to give an oral closing statement.
Hearing Officer will adjourn the Hearing.
Notice of Hearing Decision
The Title IX Coordinator will send the written Hearing Officer’s decision simultaneously to the Parties within fifteen (15) business days of end of the Hearing. The decision will include whether a policy violation was found to have occurred and the basis for that determination, including factual findings related to the definitions of Prohibited Conduct. The written determination will include:
- Identification of the Prohibited Conduct that was alleged to have occurred; Information about the Formal Resolution Procedures that the College used to evaluate the allegations of Prohibited Conduct;
- An evaluation of the relevant and not otherwise impermissible evidence and determination whether the Prohibited Conduct occurred as defined by this Policy;
- The College’s procedures for the Parties to appeal.
If Neither Party Appeals:
If Either Party Appeals:
- Sanctioning will take place after the Appeal for Students in Formal Procedures are completed.
Appeals are confined to a review of the case record. They are not a de novo hearing. In any request for Appeal, the burden of proof lies with the Party requesting the Appeal.
Complainant and Respondent each may appeal an adverse finding or a dismissal of a Complaint.
The Party who first submits the written appeal shall be the “Appellant,” and the responding Party shall be the “Appellee.” The grounds for appeal are limited to the following categories:
- Procedural Error: A procedural error occurred that would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal; or
- New Evidence: New evidence or information has arisen that was not available or known to the Party during the investigation, that would change the outcome. Information that was known to the Party during the Resolution Procedures but which they chose not to present is not considered new information. The new evidence, an explanation as to why the evidence was not previously available or known, and an explanation of its potential impact on the Hearing Panel’s determination must be included in the written appeal; or
- Actual Conflict of Interest or Demonstrated Bias: The Title IX Coordinator, Investigator, or others with a role in the Resolution Procedures with an actual Conflict of Interest or demonstrated bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that would change the outcome. Any evidence supporting the alleged Conflict of Interest or demonstrated bias must be included in the written appeal.
An Appeal is not allowed simply to express dissatisfaction with the findings. If an Appeal does not state one of the permissible grounds for Appeal, it will be rejected by the Chief Diversity Officer. The Chief Diversity Officer will notify the Party if they can cure the impermissible grounds for Appeal and give a new deadline to submit the corrected Appeal.
The Complainant has five (5) business days from receiving either the written notice of the Chief Diversity Officer’s decision not to proceed with the Resolution Procedures or the written notice of the Hearing Officer’s decision to submit a written Appeal to the Chief Diversity Officer.
The Respondent has five (5) business days from receiving the written notice of the Hearing Officer’s decision to submit a written Appeal to the Chief Diversity Officer.
The Chief Diversity Officer will share the request for Appeal with the Appellee, who shall have five (5) business days to submit a response statement. The Appeal and Appeal Response are limited to ten (10) pages (including any attachments or exhibits that are not part of the Final Investigation Report). Except for good cause shown and accepted at the discretion of the Chief Diversity Officer, late responses or responses of more than ten (10) pages will not be considered.
The Appeal Record consists of the Final Investigation Report (with attachments), the Hearing transcript, the Hearing Officer’s decision, the Appeal, the Appeal Response, and, when called into question by an Appeal, the Investigator’s Final Investigation Plan.
During the pendency of the appeal, Respondent’s relationship with the College will maintain the status quo (e.g. if Respondent was on Interim Suspension or Leave pending the Process, the Interim Suspension or Leave remains in place).
The Chief Diversity Officer will refer the Appeal Record to an Appeal Officer. The Chief Diversity Officer will appoint a trained internal or external Appeal Officer (such as a retired judicial officer, student affairs officer, or similarly experienced professional) (“Appeal Officer”) to conduct a fair and impartial review of any appeals submitted by a Complainant or Respondent.
In cases of Appeals of Dismissals, if the Appeal Officer determines that the allegations, if true, would establish that Respondent engaged in Prohibited Conduct and the Title IX Coordinator declined to initiate the Formal Resolution Procedures for that violation (either in total or in part), the Appeal Officer will send the case back to the Title IX Coordinator with instructions to initiate the Formal Resolution Procedures for the allegation(s).
If the Appeal Officer determines that a Procedural Error significantly impacted the decision or determination, the Appeal Officer will return the case to the Title IX Coordinator with instructions to correct the error. In rare cases when the procedural error cannot be corrected (as in cases of bias), the Appeal Officer may order a new Hearing or other appropriate procedural relief.
If the Appeal Officer determines that new information (or previously excluded information) should have been considered, the Appeal Officer will return the case to the Title IX Coordinator with instructions for the Investigator to include the information in the Final Investigation Report and to allow the Parties to respond consistent with the review process. The Appeal Officer may also order a new Hearing.
Appellant and Appellee will be notified in writing by the Title IX Coordinator of the outcome of the appeal within ten (10) business days of receipt of Appellee’s response statement. The Appeal Officer’s decision is final and not subject to appeal.
See Sanctions in all Formal Resolution Procedures and Title IX Resolution Procedures section below.
These procedures will be administered in accordance with the principles applicable to all Formal Resolution Procedures as stated above. Any cases that fall under the Title IX Resolution Procedures shall be processed under those procedures.
Appointment of Investigator
The Title IX Coordinator will appoint a trained internal or external investigator or investigative team (the “Investigator”) to conduct a reasonable, impartial, confidential, and prompt investigation of the Complaint. The Title IX Coordinator’s choice of Investigator will be based on several factors, including the Parties involved, the complexity of the Complaint, and the need to avoid any potential Conflict of Interest. The appointed investigator or investigators must have experience in higher education conducting investigations involving Civil Rights. Where appropriate, and at the discretion of the Investigator, the Investigator may engage the independent assistance of professional experts, such as in a case involving an unusual or otherwise complex questions (e.g., academic freedom, mental health or trauma issues, or collection of electronic evidence). The Title IX Coordinator and Chair of the Investigation Review Panel may offer suggestions on this engagement to the Investigator.
Appointment of Investigation Review Panel and Panel Chair
The Title IX Coordinator will also assemble an Investigation Review Panel. All Investigation Review Panel members receive training with respect to the College’s Civil Rights Policies. The principal functions of the Investigation Review Panel are to:
- Provide an independent, community-based procedural check to help ensure an equitable Process; and;
- Following a confidential deliberation, using the parameters of the Formal Resolution Procedures established by this Policy, make findings of fact as to responsibility regarding allegations of Prohibited Conduct by a Preponderance of the Evidence.
Composition of Investigation Review Panel for Faculty Respondents
The Chief Diversity Officer will select five (5) Faculty Members by lot from a pool of Faculty Members who have been elected to the Administration Committee over the previous seven years provided that all Panel members shall be faculty of equal or higher rank than the faculty Respondent. The Panel will elect its Chair. If any prospective Panel Member discloses a potential or actual Conflict of Interest or Bias that precludes such individual from serving, another Panelist will be chosen by lot.
- The Panel Chair’s responsibilities include:
- Reviewing and consulting with the Investigator as to the Preliminary Investigation Plan;
- Reviewing the Preliminary Investigation Report, including any requests by the Parties for further or follow-up investigation, and requesting additional or follow-up investigation;
- Reviewing the Final Investigation Report, asking final questions of the Investigator; and,
- Moderating the Investigation Review Hearing.
The Title IX Coordinator will promptly notify the Parties of the proposed composition of the Investigation Review Panel. If a Party objects to a Panel Member’s involvement based upon a Conflict of Interest or bias, the Party must provide written notice explaining the alleged conflict or bias to the Title IX Coordinator within two (2) business days. The Title IX Coordinator will promptly rule on the objection and provide notice to the Party and, if the Title IX Coordinator finds a possible or actual Conflict of Interest or potential bias, a new Panel Member shall be selected through the appropriate process.
Preliminary Investigation Phase
The Investigator will establish a Preliminary Investigation Plan. The Investigator will brief the Panel Chair and the Title IX Coordinator on the basic nature of the case and the preliminary investigation plan in writing or orally. The Panel Chair has two (2) business days to provide any input to the Investigator on the preliminary investigation plan, including with respect to any potential issues that may warrant special consideration or expertise, such as questions of academic freedom, mental health or trauma issues, or electronic evidence. The Investigator reserves the right to begin investigating prior to receiving input on the plan if the composition of the Investigation Review Panel is delayed or if waiting for input could impact the timely gathering of information.
The Investigator will then conduct a Preliminary Investigation based upon the facts and circumstances reported to the College and gathered in preceding steps of the process. The Preliminary Investigation shall include interviews and follow-up interviews as feasible and appropriate with the Complainant, the Respondent, and any witnesses who may have relevant information. It shall also include collection of other pertinent evidentiary materials to the extent reasonable and appropriate.
The Complainant, Respondent, and any witnesses shall respond to the Investigator’s request to schedule an interview or to provide other evidentiary materials in a timely manner, generally within five (5) business days of the Investigator’s request. If a Party or witness fails to respond in reasonably timely fashion, the Investigator may continue the investigation without the benefit of this information.
The Investigator will prepare a written summary of each interview and send the same to the witness for a review of accuracy. Unless the witness requests additional time which is deemed reasonable by the investigator, the witness statement will be deemed accurate if the witness does not provide feedback on the statement within two (2) business days of the Investigator’s emailing it to the witness at the individual’s College email address or, for individuals not affiliated with the College, an email address they have previously provided.
Information may be developed during the course of the preliminary investigation that indicates additional allegations of Prohibited Conduct in addition to those identified in the Notice of Referral for Formal Resolution. In this circumstance, the Investigator shall review such additional potential allegations with the Title IX Coordinator. The Title IX Coordinator will evaluate this information consistent with the standards for an intake assessment outlined above. If the new information indicates that additional Prohibited Conduct may have occurred under this Policy and/or the TCC Title IX Policy and which resolution process is appropriate, the Title IX Coordinator shall send a written Revised Notice of Referral for Formal Resolution that includes the relevant information and new potential allegations of Prohibited Conduct.
Once the Investigator determines that the Preliminary Investigation is reasonably complete, the Investigator will prepare a Preliminary Investigation Report. The Report shall include:
- A summary of the incident, alleged definitions of Prohibited Conduct from the initial Notice, the Complainant’s allegations, and the Respondent’s response;
- Identification of any new potential allegations of Prohibited Conduct raised by the information developed through the Preliminary Investigation and as authorized for incorporation by the Title IX Coordinator;
- A description of undisputed facts;
- A description of material facts in dispute; and
- An analysis and assessment of disputed facts based on all available evidence, including a credibility assessment (organized by definition of Prohibited Conduct).
The Investigator will notify the Parties once the Preliminary Investigation Report is available to review and will provide confidential access (such as a protected, “read-only” posting to a secure web portal) to view the Preliminary Investigation Report. Neither the Complainant nor Respondent (nor anyone on their behalf) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
Response to Preliminary Investigation Report
The Parties will have five (5) business days to submit a written request outlining any additional investigation steps that they believe are necessary or objections to the information included in the Preliminary Investigation Report, including:
- Posing any follow-up issues or questions for any witness, the Complainant or Respondent;
- Requesting a follow-up interview with the Investigator to clarify or provide any additional information that such Party believes is relevant to the investigation or to seek clarification from the Investigator on aspects of the Preliminary Investigation Report;
- Identifying any new witnesses who should be interviewed (including a description of what topics/issues the witness should be asked to address and what the interview would contribute to the investigation);
- Identifying any additional evidentiary materials that should be collected and reviewed to the extent that such items are reasonably available (e.g., text messages, social media postings, etc.), understanding that the Investigator lacks the power to subpoena evidence; and,
- Identifying and objecting to any information that such Party believes was inappropriately included in the Preliminary Investigation Report.
After considering these requests, the Investigator will develop a Final Investigation Plan that will outline any additional investigatory steps to be taken and will also briefly explain any requests that the Investigator recommends be denied. The Investigator will also address any objections to the information included in the Preliminary Report. To the extent such objections are accepted, the Investigator will redact the Preliminary Investigation Report and investigation materials accordingly. The Investigator will maintain copies of both the complete and redacted investigation materials. To the extent such objections are not accepted, the Investigator will summarize these reasons but also note the Party’s objection(s).
The Investigator will then circulate the Preliminary Investigation Report (as may be redacted), the Parties’ responses (if any), and the Final Investigation Plan to the Investigation Review Panel, who will have five (5) business days to review the materials and to provide feedback to the Panel Chair. The Investigator will consult with the Panel Chair on the proposed Final Investigation Plan in writing or in a meeting. After considering the Panel Chair’s feedback, the Investigator will complete a Final Investigation Plan and will within two (2) business days, notify the Parties and the Investigation Review Panel of the Final Plan in writing, which will again include a brief explanation as to the reasons for denying or not pursuing any requests for additional investigation.
Any appeal based on an Investigator’s determinations set forth in the Final Investigation Plan is limited to the grounds and timing specified in Appeals, below (Section 6) and can only be appealed by Respondent after the sanctioning phase or by the Complainant after a finding of Non-Responsibility.
If no one requests any further investigation or objects to the Preliminary Investigation Report, such Report shall be deemed the Final Investigation Report, and the Title IX Coordinator will schedule the Investigation Review Meeting consistent with the steps described below.
Final Investigation Phase
The Investigator will complete the investigation as outlined in the Final Investigation Plan. After the Investigator determines that the final investigation is reasonably complete, the Investigator will prepare a Final Investigation Report. The Investigator will notify the Parties and the Investigation Review Panel once the Final Investigation Report is available to review and will provide confidential access (such as a protected, “read-only” posting to a secure web portal) to view the Final Investigation Report. The Final Investigation Report will highlight any additions or modifications from the Preliminary Investigation Report for the Parties’ and Review Panel’s ease of reference. The Parties and Investigation Review Panel will have ten (10) business days to review the Final Investigation Report. The Parties will have electronic access to the report. However, neither the Complainant nor Respondent (nor anyone on their behalf) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
Scheduling the Investigation Review Hearing
The Title IX Coordinator will schedule the Investigation Review Meeting and will provide written notice to the Parties, Investigator, and the Review Panel of the date, time, and location of the Meeting. This Investigation Review Hearing will normally be held within five (5) business days following the conclusion of the review period designated for the Final Investigation Report.
This notification will also remind the Parties that they have the ability to present a written statement in response to the Investigator’s Final Investigation Report. Any written statement must be submitted to the Title IX Coordinator two (2) business days in advance of the Investigation Review Hearing and will be shared with the other Party and the Investigation Review Panel. Written statements are limited to no more than ten (10) pages (including any attachments or exhibits that are not part of the investigation record). Except for extenuating circumstances shown and accepted at the discretion of the Panel Chair, late responses or responses of more than ten (10) pages will not be considered.
Investigation Review Hearing
The Panel Chair moderates the Investigation Review Hearing and will explain the scope and sequence of the Hearing.
The Title IX Coordinator will attend in an oversight capacity only to monitor that the Hearing conforms to the standards for fairness, neutrality, and equality, as well as to address any procedural questions that may arise.
The purpose of the Investigation Review Hearing is for the Investigation Review Panel to make findings of fact and to determine whether the Respondent is responsible for violating the identified policies by a preponderance of the evidence. The Investigation Review Panel shall receive the Final Investigative Report and access to any underlying investigative materials it may request.
The Investigation Review Hearing is closed and not open to the public. The Investigator and witnesses will only be in the Hearing room when they are called as a witness. A Party or witness may make a request to participate in the Hearing in an alternative, remote meeting room or with a partition screen in the Hearing room (while not providing testimony.) The alternative meeting room will be equipped with videoconferencing capabilities so that they can participate in the Hearing. The Parties must make their request at least 48 hours before the date of the Hearing, and witnesses shall do so as well to the extent they have 48 hours advance notice. The Parties’ Advisors may remain in the Hearing room for the duration of the Hearing.
The Investigation Review Hearing will be recorded, and the Panel Chair has unreviewable discretion to provide either audio or video recording, with the recording made available to the Complainant and Respondent upon request after the Hearing. The Parties may attend via videoconference. The Panel Chair in consultation with the Chief Diversity Officer may change the order of the witnesses and Parties if they deem it necessary. The Hearing will normally follow the sequence set forth below:
- The Chief Diversity Officer will make opening introductions.
- The Panel Chair will explain the rules for the Hearing.
- Witnesses called
- The Panel Chair will determine the order of witnesses and ask questions of the witnesses,
- Parties may submit additional questions to Panel Chair
- Panel Chair will ask approved questions.
- Complainant called
- Panel Chair will ask questions of the Complainant
- Parties may submit additional questions to Panel Chair
- Panel Chair will ask approved questions.
- Respondent called
- Panel Chair will ask questions of the Respondent
- Parties may submit additional questions to Panel Chair
- Panel Chair will ask approved questions.
- The Complainant will have five (5) minutes to give an oral closing statement.
- The Respondent will have five (5) minutes to give an oral closing statement.
Panel Chair will adjourn the Hearing.
Questioning
All questions during the Investigation Review Hearing shall be asked by the Panel Chair. The Panel Chair will question the Parties and whichever witnesses the Investigation Review Panel deem necessary to make their decision. The Panel Chair will also pose all pre-approved questions from the Parties. Neither the Parties, Advisor, or Support Person will be able to ask questions of the witnesses or the other Parties through the duration of the Hearing. All questions must be asked through the Panel Chair.
Five (5) business days before the Investigation Review Hearing, each Party must submit questions to the Title IX Coordinator and Panel Chair that they request the Investigation Review Panel to pose to the witnesses and Party at the Hearing. Questions will be limited to facts developed during investigation. The Title IX Coordinator and Panel Chair will share those questions with the Investigation Review Panel. The Investigation Review Panel will briefly explain any denied question request in writing and share with the Parties the day before the Hearing.
During the Hearing, a Party may submit additional questions to the Investigation Review Panel Chair. The Investigation Review Panel will determine during the Hearing which questions will be accepted or denied. The Investigation Review Panel will then pose approved questions to the witnesses or the Parties. No request will be accepted after the witness or Party has been dismissed. The Parties will generally be able to submit questions once for each witness and Party. It is at the discretion of the Investigation Review Panel to determine if they will allow more than one set of questions.
Participation of Parties and Witnesses
If either Party participates in the Investigation, they must also answer questions during the Investigation Review Hearing in order for the information they provided during the investigation to be considered during the Investigation Review Hearing. However, if a Party does not participate at all, the Hearing Officer may not draw negative inference from their lack of participation. If a Complainant chooses not to participate in the Hearing, the College’s ability to fully investigate and respond to the Complaint will be limited. The College may not be able to move forward to determine if a Policy violation occurred.
If a Party who participates in the Investigation wishes to attend the Investigation Review Hearing but not answer any questions, they will be permitted to do so. However, the Party’s participation will be limited to attendance only. The Party will not be permitted to submit questions for any of the witnesses or Parties.
If a Party does not participate in the Investigation but wishes to attend the Investigation Review Hearing, the Party cannot testify during the Hearing, answer questions at the Hearing, or otherwise present new information at the Hearing. The Party will be limited to only submitting questions for the Review Panel to pose about facts developed during the Investigation or during the Investigation Review Hearing.
The Investigation Review Hearing is closed and not open to the public. The witnesses will only be in the Investigation Review Hearing room when they are called as a witness. A Party or witness may make a request to participate in the Investigation Review Hearing in an alternative, remote meeting room or with a partition screen in the Investigation Review Hearing room. The alternative meeting room will be equipped with videoconferencing capabilities so that they can participate in the Hearing. The Parties must make their request at least forty-eight (48) hours before the date of the Hearing, and witnesses shall do so as well to the extent they have forty-eight (48) hours advance notice. The Parties’ Advisors may remain in the Hearing room for the duration of the Hearing.
The Hearing will be audio and video recorded. Video recordings will be maintained by the College consistent with its records retention policies. Transcripts of the Hearing will be made available upon Parties’ request provided that the case is still pending.
Investigation Review Panel’s Deliberations
The Investigation Review Panel will then deliberate in confidence, and the deliberations cannot be recorded, nor may any Investigation Review Panel member discuss the deliberations with anyone following the deliberations. The Title IX Coordinator will be present during deliberations to serve in a consulting role for members of the Review Panel but will not participate in the deliberations or have a vote.
Written Determination of the Decision-Maker for Matters Involving Faculty
- Each Investigation Review Panel member has a single vote and will note their individual vote anonymously (using the preponderance of the evidence standard) for each allegation of Prohibited Conduct.
- A finding of Responsibility will be made if at least four (4) out of five (5) Investigation Review Panel members find a violation of Policy, after having determined that Prohibited Conduct occurred.
- The Panel Chair prepares the Investigation Review Panel Hearing Decision, which will contain all elements discussed immediately above. The decision will not attribute any statements or opinions to any individual Review Panel member.
- The Title IX Coordinator will distribute the Investigation Review Panel Hearing Decision to the Complainant and Respondent within five (5) business days of the Review Meeting.
Notice of Investigation Review Hearing Decision
The Title IX Coordinator will send the written Investigation Review Panel’s decision simultaneously to the Parties within fifteen (15) business days after the end of the Hearing. The decision will include whether a policy violation was found to have occurred and the basis for that determination, including factual findings regarding Prohibited Conduct. The written determination will include:
- Identification of the alleged Prohibited Conduct that was alleged to have occurred;
- Information about Formal Resolution Procedures that the College used to evaluate the allegations of Prohibited Conduct;
- An evaluation of the relevant and not otherwise impermissible evidence and determination whether the Prohibited Conduct occurred as defined by this Policy;
- A determination of whether there was a finding of responsibility. for engaging in Prohibited Conduct under this Policy;
- The College’s procedures for the Parties to appeal.
The following provisions apply to appeals of determinations or dismissal decisions for Faculty pursuant to this Resolution Procedures. The Party who first submits the written appeal is the “Appellant,” and the responding Party is the “Appellee.” Appeals are confined solely to a review of the Appeal Record (as defined below). The burden of proof lies with the Party requesting the appeal.
An appeal is not allowed simply to express dissatisfaction with the findings. Instead, the grounds for appeal are limited to the following categories:
- Procedural Error: A procedural error occurred that would change the outcome. A description of the error and its impact on the outcome of the case must be included in the written appeal; or
- New Evidence: New evidence or information has arisen that was not available or known to the Party during the investigation, that would change the outcome. Information that was known to the Party during the Resolution Procedures but which they chose not to present is not considered new information. The new evidence, an explanation as to why the evidence was not previously available or known, and an explanation of its potential impact on the Hearing Panel’s determination must be included in the written appeal; or
- Actual Conflict of Interest or Demonstrated Bias: The Title IX Coordinator, Investigator, or others with a role in the process with an actual Conflict of Interest or demonstrated bias for or against Complainants or Respondents generally, or the individual Complainant or Respondent, that would change the outcome. Any evidence supporting the alleged Conflict of Interest or demonstrated bias must be included in the written appeal.
The Complainant has five (5) business days from receiving written notice of the Chief Diversity Officer’s decision not to proceed with the Resolution Procedures, five (5) business days from receiving written notice of the Investigation Review Panel’s determination of No Responsibility, or five (5) business days from receiving determination of sanctions to submit a written appeal to the Chief Diversity Officer.
The Chief Diversity Officer will reject any non-conforming appeals and give the appealing Party three (3) business days for one final opportunity to submit an appeal consistent with the grounds specified above. Assuming a conforming appeal is received, the Chief Diversity Officer will share the request for Appeal with the Appellee, who shall have five (5) business days to submit a response statement.
The Chief Diversity Officer will appoint a trained Appeal Officer to conduct a fair and impartial review of any appeals submitted by a Complainant or Respondent. For faculty Respondents the Appeal Officer will be the Vice President for Academic Affairs/Dean of the Faculty or designee, unless there is a Conflict of Interest as determined by the Review Panel Chair, in which case an external third Party mediator or similar service will be used.
Within five (5) business days of receiving the appellee’s responsive statement (or five (5) business days after the deadline has passed when the appellee elects not to submit a statement) the Chief Diversity Officer will also refer the written appeal, any response, and the underlying case record (the “Appeal Record”) to the Appeal Officer. Appeals and responses to them shall not exceed ten (10) pages (including any attachments or exhibits that are not part of the investigation record).
The Appeal Officer will determine whether any grounds for the Appeal are substantiated. For cases involving a determination to dismiss the report or Complaint at any point prior to the fact-finding decision, if the Appeal Officer determines that the allegations, if they could be established by a preponderance of the evidence, would meet a definition of Prohibited Conduct, and the Chief Diversity Officer declined to initiate the Formal Process for that violation (either in total or in part), the Appeal Officer will send the case back to the Chief Diversity Officer with instructions to initiate the Formal Process for the allegation(s).
If the Appeal Officer determines that the Request for Appeal shows a Procedural Error that significantly impacted the relevant decision or determination, the Appeal Officer will return the Complaint to the Chief Diversity Officer with instructions to correct the error and to reconvene the Investigation Review Panel Meeting to reconsider the findings as appropriate. In rare cases where the procedural error cannot be corrected (as in cases of bias), the Appeal Officer will order a further process that removes the earlier source of error, except at the discretion of the President (or designee), the results of a reconvened Investigation Review Panel Meeting cannot be appealed again.
If the Appeal Officer determines that the Appeal shows New Information (or previously excluded evidence) that should have been considered, the Complaint will be returned to the Chief Diversity Officer, who in turn will direct the Investigator to draft a new Final Investigation Report in light of the new or previously-excluded information only. The Chief Diversity Officer will promptly reconvene the Investigation Review Panel Meeting to reconsider the original findings as appropriate. The findings of the reconvened Investigation Review Panel Meeting are not appealable again.
The Appeal Officer will prepare a written Appeal Outcome Notice that will include an explanation of the basis of the decisions on appeal. The Appeal Outcome Notice will generally be provided to Appellant and Appellee within ten (10) business days of receipt of Appellee’s response statement. The Appeal Officer’s Appeal Outcome Notice is final.
During the pendency of the appeal, Respondent’s relationship with the College will maintain the status quo (e.g., if Respondent was on Interim Suspension pending the Process, the Interim Suspension remains in place).
If a Respondent is found responsible for violating a Policy adjudicated under this Process, after the Appeal Process has been completed the Chief Diversity Officer will notify the Parties in writing that the matter is being referred for Sanctioning as follows:
- For staff and third Party Respondents: the Executive Vice President and Chief Operating Officer (or designee) determines Sanctions.
- For student Respondents: the Vice President for Student Affairs (or designee) determines sanctions.
- For faculty: described below.
Any one or more of the sanctions listed below may be imposed on a Respondent found responsible for a violation under this Resolution Procedures. Sanctions not listed here may be imposed in consultation with and approval by the Chief Diversity Officer. Sanctions are assessed in response to the specific violation(s) and any prior discipline and academic dishonesty history of the Respondent. Some of the sanctions listed are applicable only to students, as indicated.
The College exercises its judgment in designing reasonable sanctions. Not all violations will be deemed equally serious offenses, and the College reserves the right to impose different sanctions depending on the severity of the offense. Sanctions may not be appealed.
Sanctioning Procedures for Student, Staff, and Third Party Respondents
The Complainant and the Respondent may submit a Consideration of Sanctions statement to the Title IX Coordinator within five (5) business days of receiving the Final Investigation Report or upon receiving the Appeal Decision. The Consideration of Sanctions statement should outline the sanctions the Party believes should be considered by the Sanctioning Officer as well as an explanation of why the requested sanctions are reasonable and appropriate.
After the time period for submitting any Consideration of Sanctions statements has expired, the Sanctioning Officer will determine or recommend sanctions. The Sanctioning Officer will receive the case record, Consideration of Sanctions statements, and Respondent’s prior conduct history (including any prior employment discipline history).
The Sanctioning Officer shall notify the Title IX Coordinator in writing of the sanctioning decision within five (5) business days of receiving the case. The Title IX Coordinator will notify the Parties of the sanctioning decision within two business days of receiving it from the Sanctioning Officer.
The Complainant and the Respondent may submit a Consideration of Sanctions statement to the Chief Diversity Officer within five (5) business days of the Chief Diversity Officer’s notification. The Consideration of Sanctions statement should outline the sanctions the Party believes should be considered by the Sanctioning Officer as well as an explanation of why the requested sanctions are reasonable and appropriate.
The Chief Diversity Officer will provide the statements to the Chair of the Review Panel, who will reconvene the Panel to recommend sanctions, consistent with this framework and any prior disciplinary history of the Respondent.
Four of five members of the Review Panel must concur that the violation(s) constitute adequate cause for suspension without pay or termination for cause as defined in the Faculty Handbook (Section 4.3.1). A serious violation of a Civil Rights Policy will normally be sufficient to establish that a Respondent engaged in “personal misconduct that is directly and substantially related to the fitness of a Faculty Member as a teacher and/or a researcher” as outlined in the Faculty Handbook.
The Panel Chair shall simultaneously notify the Parties in writing of the sanctioning decision within five (5) business days of receiving the case from the Chief Diversity Officer.
If the Sanction recommended is termination of employment or suspension without pay, the recommendation of the Review Panel will be sent to the President and the Chairman of the Board for further action in accordance with the Section 4.3.2.4 of the Faculty Handbook (“Presidential Action” and “Board Action.”) No separate hearing under 4.3.2.4 is required; rather, the Review Panel’s decision serves as the recommendation contemplated by Section 4.3.2.4 which will go to the President.
If the Sanction recommended does not rise to the level of termination of employment or suspension without pay, the recommendation of the Review Panel will be sent to the Dean of Faculty for implementation.
Possible Sanctions include:
- Warning: Written notice that the Respondent’s behavior was in violation of the College’s Civil Rights and/or other College Policy and that future violations will result in more severe sanctions.
- Restitution: Reimbursement by the Respondent(s) to the College, another Claremont College, the Claremont University Consortium, the Complainant(s), or a member of The Claremont Colleges community to cover the cost of property damage or other loss.
- Fine: A monetary penalty assessed as appropriate to the violation.
- Service Hours (students only): A set number of work hours the Respondent must complete. The Title IX Coordinator will determine the nature of the work to be performed. Generally, service hours are conducted on campus.
- Educational Program/Project: Programs and activities designed to help the Respondent become more aware of College policies and help the Respondent understand the inappropriateness of their behavior, including, but not limited to, participation in an educational program or completion of an online program.
- Referral for Assessment: A referral for an assessment with an appropriately-trained therapist who will recommend a process for treatment. Reinstatement is conditioned upon receiving proof of completion of the recommended treatment.
- Loss of Privileges: Denial of specific privilege(s) for a defined period. Privileges for students include, but are not limited to, participation in extra-curricular activities and events such as social events, intercollegiate athletics, intramural programs, student organizations, and student government, as well as the privilege of living on campus, living in a specific residence hall, participation in commencement ceremonies, or having a vehicle on campus. Privileges for staff include, but are not limited to: limitation on access to attendance at athletic events, or advising clubs, or academic advising. Privileges for faculty include, but are not limited to, removal as academic chair or other leadership positions.
- Restricted Access: Conditions which specifically dictate and limit the Respondent’s presence on campus and/or participation in College-sponsored activities. The restrictions will be clearly defined and may include, but are not limited to, presence in certain buildings or locations on campus or a no contact order. In cases involving Parties from different Claremont Colleges, restricted access may extend to exclusion from another college campus.
- Removal of Offending Cause: Requirement to remove the item which was the subject of the Complaint.
- Relocation or Removal from Residence Halls (students only): Requirement that the Respondent relocate to another residence hall, or off-campus, by a specified date.
- Conduct Probation (students only): Formal, written notice that the Respondent’s behavior is in violation of College policies and an expectation that the Respondent exhibit good behavior for a defined period of time. Any violation during the probationary period will result in increased sanctioning and may result in suspension or expulsion from the College. Notice of Conduct Probation is sent to the Respondent’s academic Advisor as well as to the Respondent’s parent(s)/guardian if the Respondent is a minor.
- Employment Probation: Formal, written notice that the employee’s conduct is in violation of College policies and an expectation that the employee exhibit good behavior for a defined period of time. Any further violations during the probationary period will result in increased sanctioning and may result in employment suspension without pay or termination of employment.
- Suspension (students only): Separation from the College for a defined period. During the suspension period the Respondent is not permitted on campus, is not permitted to participate in any College-sponsored or affiliated program or activity, and is not permitted to earn any credits towards the Respondent’s degree. The terms of the suspension may include the designation of special conditions affecting eligibility for re-enrollment or special conditions to be in effect upon re-enrollment, including a term of Conduct Probation.
- Suspension without Pay (staff and faculty): Separation of employment for a defined period without pay for the time of separation.
- Employment Termination: Permanent separation of the employee from the College if the respondent is staff or faculty and permanent separation of the employee from their student position if the respondent is a student.
- Expulsion (students only): Permanent separation from the College. A Respondent who has been expelled is not permitted on campus and is not permitted to participate in any College-sponsored or affiliated program or activity.
- Revocation of Degree (students only): A Respondent’s degree may be revoked if the Respondent is found responsible after having graduated. A Respondent whose degree has been revoked is not permitted on campus and is not permitted to participate in any College-sponsored or affiliated program or activity.
- Non Conferral of Degree (students only): A Respondent who is otherwise eligible to graduate but has a formal process for a possible Policy violation in process as of the date the Board of Trustees conditionally confer degrees, may still walk at graduation but will not be conferred a degree until a finding of no responsibility is made or if a finding of responsibility is made with a sanction of suspension, until the suspension is served. If there is a finding of responsibility and the sanction is expulsion, the Respondent will not be conferred a degree.
Although it is not possible to outline specific sanctions to be imposed in all cases involving Sexual Assault (California and Title IX), Dating Violence, Domestic Violence, or Stalking Based on Sex, the following guidelines have been established to provide notice to the community and provide context for the Sanctioning Officer in determining appropriate sanctions:
- For staff or third Party Respondents: Normally termination for cause or lifetime ban from campus.
- For student Respondents: Normally expulsion or a minimum 1-year suspension.
- For faculty Respondents: Normally suspension without pay or termination for adequate cause.
Title IX Resolution Procedures for Certain Forms of Prohibited Conduct
As of August 28, 2024, the College is subject to a federal district court’s ruling that it must operate under the 2020 Title IX rule, which has specific procedural rules for resolving the following categories of Prohibited Conduct:
- Quid Pro Quo Sexual Harassment
- Sex-Based Hostile Environment Harassment
- Sexual Assault Under Title IX
- Dating Violence
- Domestic Violence
- Stalking on the Basis of Sex
For purposes of this Policy, these categories of Prohibited Conduct will be called”Title IX Prohibited Conduct”.
If Title IX Prohibited Conduct involving students, faculty, staff, or participants in CMC’s education programs and activities 1) occurred on CMC’s campus or 2) in locations, events, or circumstances over which CMC exercised substantial control over both the Respondent and the context in which the Title IX Prohibited Conduct occurs (which includes any building owned or controlled by a student organization that is officially recognized by CMC), it will be processed under these Title IX Resolution Procedures until further notice.
All other definitions from Section II remain in effect. All principles stated in Section IV, Protections for All Parties During Resolution Procedures, remain in effect unless explicitly contradicted by these Title IX Resolution Procedures, in which case the Title IX Resolution Procedures control.
CMC reserves the right to 1) use any non-conflicting provisions from the Formal Resolution Procedures that are necessary for processing a matter; and 2) consolidate cases that arise from the same set of facts and circumstances but involve conduct that does not meet the definitions or geographic jurisdiction stated above and process the case using these Title IX Resolution Procedures.
Filing a Formal Complaint
A Formal Complaint is required to initiate these Title IX Resolution Procedures. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information listed for the Title IX Coordinator above . A Formal Complaint is a ”document filed by the Complainant”, which means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by CMC) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint.
Where the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or otherwise a Party. A Formal Complaint shall trigger an investigation except as specified below. The Formal Complaint should include the date(s) of the alleged incident(s), the name of the Respondent, and should describe the circumstances of the incident(s), where known.
Dismissal of a Formal Complaint
CMC shall investigate the allegations in a Formal Complaint, except as follows:
Mandatory Dismissal
CMC shall dismiss the Formal Complaint if the conduct alleged in the Formal Complaint:
- would not constitute Prohibited Conduct as defined by this policy, even if proved;
- did not occur in CMC’s education program or activity; or
- did not occur against a person in the United States
The dismissal does not preclude action under another policy or procedure of CMC.
Discretionary Dismissal
CMC may dismiss the Formal Complaint or any allegations therein, if at any time during the investigation or hearing:
- A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
- The Respondent is no longer enrolled in or employed by CMC;
- Specific circumstances prevent CMC from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein; or
- The Prohibited Conduct occurred prior to August 14, 2020, in which case, CMC’s Civil Rights Policy then in effect shall be used.
Consolidation of Formal Complaints
CMC may consolidate Formal Complaints as to allegations of Title IX Prohibited Conduct 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 Title IX Prohibited Conduct arise out of the same facts or circumstances. Where a grievance process involves more than one Complainant or more than one Respondent, references in this section to the singular ”Party,” ”Complainant,” or ”Respondent” include the plural, as applicable.
Notice of Charges
Initial Notice of Charges
Upon receipt of a Formal Complaint, prior to commencing the investigation, CMC shall provide the following written notice to the Parties who are known. This notice shall include:
- This policy (as a link or attachment).
- Notice of the allegations of Title IX Prohibited Conduct potentially constituting Title IX Prohibited Conduct as defined in this policy, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the Parties involved in the incident, if known, the conduct allegedly constituting Title IX Prohibited Conduct under this policy, and the date and location of the alleged incident, if known.
- A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
- Notification to the Parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney.
- Notification to the Parties that they may inspect and review evidence, as set forth in this policy.
- Any provision in CMC’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
- Describes the standard of evidence that will be used.
- Lists all possible sanctions CMC may impose
Amended Notice of Charges
If, in the course of an investigation, CMC decides to investigate allegations about the Complainant or Respondent that are not included in the initial notice of charge, CMC must provide notice of the additional allegations to the Parties whose identities are known.
Principles for the Title IX Resolution Procedures
In addition to following the principles applicable to all Resolution Procedures and all Formal Resolution Procedures, when implementing these Title IX Resolution Procedures, CMC shall:
- Not restrict the ability of either Party to discuss the allegations of Title IX Prohibited Conduct under investigation or to gather and present relevant evidence.
- Provide the Parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an 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, CMC may establish restrictions regarding the extent to which the Advisor may participate in the proceedings, as long as the restrictions apply equally to both Parties. For the purposes of this policy, the role of the Advisor is limited to the following: the Advisor may attend any interview or meeting connected with the grievance process but may not actively participate in interviews nor provide testimony or argument on behalf of the Party. The Advisor may attend the live hearing and may conduct cross-examination of the other Party and any witness at the hearing; otherwise, the Advisor may not actively participate in the hearing.
Agreement-Based Resolution
Consistent with the requirements of this section, at any time prior to reaching a determination regarding responsibility CMC may facilitate an Agreement-Based Resolution that does not involve a full investigation and adjudication, provided that CMC:
- Provides to the Parties a written notice disclosing:
- The allegations,
- The requirements of the Agreement-Based Resolution Process including the circumstances under which it precludes the Parties from resuming a Formal Complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the Formal Complaint, and
- Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
- Obtains the Parties’ voluntary, written consent to the informal resolution process; and
- Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
- Completes the informal resolution process within 60 days of receiving the Formal Complaint, unless unusual or complex circumstances exist.
- Complies with its legal obligations under Title VII and FEHA.
CMC will not offer an Agreement-Based Resolution in the Title IX Resolution Procedures unless a Formal Complaint is Filed.
Investigation of Formal Complaints
The Title IX Coordinator will appoint an Investigator, who may be an employee or official of CMC or may be an external investigator with appropriate experience or expertise. The Parties will be provided with notice of the identity of the appointed Investigator and will be informed that any objections to the service of the appointed Investigator on grounds of conflict of interest or a lack of impartiality should be submitted in writing to the Title IX Coordinator within three days of notice of the appointment. The Title IX Coordinator will decide promptly whether the objection will be granted and whether the appointed Investigator will or will not conduct the investigation.
In cases involving faculty, the appointed investigator or investigators must have experience in higher education conducting investigations involving Civil Rights. Where appropriate, and at the discretion of the Investigator, the Investigator may engage the independent assistance of professional experts, such as in a case involving an unusual or otherwise complex questions (e.g., academic freedom, mental health or trauma issues, or collection of electronic evidence). The Title IX Coordinator and Chair of the Investigation Review Panel may offer suggestions on this engagement to the Investigator.
When investigating a Formal Complaint CMC shall, within 30 days of receiving the Formal Complaint, unless unusual or complex circumstances exist:
- Engage in fact-gathering of all relevant facts. Credibility resolutions and fact-finding shall be conducted in the live hearing phase of the grievance process.
- 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 CMC 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 conclusion of the investigation.
- Prior to completion of the investigative report, send to each Party and the Party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the Parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.
- Make all such evidence subject to the Parties’ inspection and review available at any hearing to give each Party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination; and
- Create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a hearing or other time of determination regarding responsibility, the Title IX Coordinator shall send to each Party and the Party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response. Upon finalization of the investigative report, the Title IX Coordinator shall provide it to the decision-maker(s).
Additional Procedures Applicable to Faculty Matters
Appointment of Investigation Review Panel and Panel Chair
The Title IX Coordinator will also assemble an Investigation Review Panel. All Investigation Review Panel members receive training with respect to the College’s Civil Rights Policies. The principal functions of the Investigation Review Panel are to:
- Provide an independent, community-based procedural check to help ensure an equitable Process; and;
- Following a confidential deliberation, using the parameters of the Formal Resolution Procedures established by this Policy, make findings of fact as to Responsibility regarding allegations of Prohibited Conduct) by a Preponderance of the Evidence.
Composition of Investigation Review Panel for Faculty Respondents
The Chief Diversity Officer will select five (5) faculty members by lot from a pool of faculty members who have been elected to the Administration Committee over the previous seven years provided that all Panel members shall be faculty of equal or higher rank than the faculty Respondent. The panel will elect its Chair. If any prospective Panel Member discloses a potential or actual Conflict of Interest or Bias that precludes such individual from serving, another Panelist will be chosen by lot.
The Title IX Coordinator will promptly notify the Parties of the proposed composition of the Investigation Review Panel. If a Party objects to a Panel Member’s involvement based upon a Conflict of Interest or bias, the Party must provide written notice explaining the alleged conflict or bias to the Title IX Coordinator within two (2) business days. The Title IX Coordinator will promptly rule on the objection and provide notice to the Party and, if the Title IX Coordinator finds a possible or actual conflict of interest or potential bias, a new Panel Member shall be selected through the appropriate process.
With respect to the investigation:
- The Investigator will establish a Preliminary Investigation Plan. The Investigator will brief the Panel Chair and the Title IX Coordinator on the basic nature of the case and the preliminary investigation plan in writing or orally. The Panel Chair has two (2) business days to provide any input to the Investigator on the preliminary investigation plan, including with respect to any potential issues that may warrant special consideration or expertise, such as questions of academic freedom, mental health or trauma issues, or electronic evidence. The Investigator reserves the right to begin investigating prior to receiving input on the plan if the composition of the Investigation Review Panel is delayed or if waiting for input could impact the timely gathering of information.
- After drafting the Preliminary Investigation Report and allowing Parties to respond to the Report, the Investigator will develop a Final Investigation Plan that will outline any additional investigatory steps to be taken and will also briefly explain any requests that the Investigator recommends be denied. The Investigator will also address any objections to the information included in the Preliminary Report. To the extent such objections are accepted, the Investigator will redact the Preliminary Investigation Report and investigation materials accordingly. The Investigator will maintain copies of both the complete and redacted investigation materials. To the extent such objections are not accepted, the Investigator will summarize these reasons but also note the Party’s objection(s).
- The Investigator will then circulate the Preliminary Investigation Report (as may be redacted), the Parties’ responses (if any), and the Final Investigation Plan to the Investigation Review Panel, who will have five (5) business days to review the materials and to provide feedback to the Panel Chair. The Investigator will consult with the Panel Chair on the proposed Final Investigation Plan in writing or in a meeting. After considering the Panel Chair’s feedback, the Investigator will complete a Final Investigation Plan and will within two (2) business days, notify the Parties and the Investigation Review Panel of the Final Plan in writing, which will again include a brief explanation as to the reasons for denying or not pursuing any requests for additional investigation.
Live Hearings Under the Title IX Resolution Procedures
Requirement of a Live Hearing for Fact-Finding and Determining Responsibility
Following the investigation, within 30 days of sending the Final Investigative Report to the Parties, unless unusual or complex circumstances exist, CMC shall conduct a live hearing in front of the decision-maker(s), which may be an individual or a Review Panel, for the purposes of determining responsibility for allegations of Title IX Prohibited Conduct in the Formal Complaint. The decision-maker(s) cannot be the same person(s) as the Title IX Coordinator or the investigator(s). In cases involving faculty, the Review Panel described above must be used.
The live hearing will be closed. The only individuals permitted to participate in the hearing are as follows: the Complainant and Respondent, the decision-maker(s), the advisor for each Party, any witnesses (only while being questioned), and any individual providing authorized accommodations or assistive services.
If a Party does not have an advisor present at the live hearing, CMC shall provide without fee or charge to that Party, an advisor of CMC’s choice, who may be, but is not required to be, an attorney, to conduct cross examination on behalf of that Party. CMC is obligated to ensure each Party has an advisor, either of the Party’s or CMC’s choice regardless of whether or not the Party is present at the hearing. To ensure timely proceedings, a Party shall alert the Title IX Coordinator as soon as practicable if the Party will need an advisor.
Live hearings may be conducted with all Parties physically present in the same geographic location or, at CMC’s discretion, any or all Parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.
At the request of either Party, CMC shall provide for the live hearing to occur with the Parties located in separate rooms with technology enabling the decision-maker(s) and Parties to simultaneously see and hear the Party or the witness answering questions.
CMC shall create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the Parties for inspection and review. Any other recording is prohibited, and violations may result in discipline.
The Parties shall separately participate in a pre-hearing meeting with the Panel Chair (in faculty matters) or the individual decision-maker in all other cases to go over the process and administration of the live hearing, including setting deadlines for submitting and exchanging names of witnesses, evidence, and pre-hearing questions. The Parties will also be permitted to submit questions during the live hearing. Participation in this pre-hearing meeting is required in order to facilitate the efficient and fair administration of the live hearing process.
Questioning at the Live Hearing
- In cases involving faculty, the Panel Chair moderates the Investigation Review Hearing and will explain the scope and sequence of the Hearing.
- At the live hearing, the decision-maker(s) must permit each Party’s advisor to ask the other Party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
- Only relevant cross examination and other questions may be asked of a Party or witness.
- Decision-maker(s) also have the right to question a Party or witness.
- Cross examination at the live hearing must be conducted directly, orally, and in real time by the Party’s Advisor and never by a Party personally, notwithstanding CMC’s ability to otherwise restrict the extent to which Advisors may participate in the proceedings.
- Before the Complainant, Respondent, or witness answers a cross-examination or other question, the Panel Chair (in faculty matters) or individual decision-maker (in all other cases) must first determine whether the question is relevant and must explain to the Party proposing the questions any decision to exclude a question as not relevant.
- Questions and evidence about the 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 by the Complainant, 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.
Use of Witness Statements
The decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a Party’s or witness’s absence from the live hearing or refusal to submit to questioning.
Written Determination of the Decision-Maker
- The decision-maker(s) shall issue a written determination regarding responsibility within five (5) business days of the hearing. If the decision-maker is a Review Panel, a majority of the Review Panel members must find that a policy violation occurred for a finding of responsibility. To reach this determination, the decision-maker must apply the standard of evidence required by this policy. The written determination must include:
- Identification of the allegations potentially constituting Title IX Prohibited Conduct as defined by this policy;
- A description of the procedural steps taken from the 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 held;
- Findings of fact supporting the determination;
- Conclusions regarding the application of CMC’s policy to the facts;
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to CMC’s education program or activity will be provided to the Complainant; and
- The procedures and permissible bases for the Complainant and Respondent to appeal, as set forth in this policy.
- CMC shall provide the written determination to the Parties simultaneously.
- The determination regarding responsibility becomes final either on the date that CMC 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 timely.
Appeals of Decisions Issued Under the Title IX Resolution Procedures
Grounds
Within ten (10) days of receiving the written determination, either Party may appeal from a determination regarding responsibility, and from CMC’s dismissal of a Formal Complaint or any allegations therein, on the following grounds:
- Ground 1: Procedural irregularity that affected the outcome of the matter;
- Ground 2: New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
- Ground 3: The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
Appeals must be sent to the Title IX Coordinator in writing.
Response to Appeals
As to all appeals in the Title IX Resolution Procedures, the Title IX Coordinator (or designee) shall:
- Notify the other Party in writing immediately when an appeal is filed and implement appeal procedures equally for both Parties;
- Ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;
- Ensure that the decision-maker(s) for the appeal complies with the standards set forth in this policy;
- Give the non-appealing Party an opportunity to submit a written statement in response to the appeal within 10 days of receiving the appeal, which shall be transmitted within 2 business days to the Appeal decision-maker(s).
Decision on Appeal
Within 20 days of receiving the appeal and the response, the Appeal decision-maker(s) shall issue a written decision describing the result of the appeal and the rationale for the result; and provide the written decision simultaneously to both Parties. The Appeal decision-maker(s) may deny the appeal or, if the appeal ground(s) has or have been met, may return the case to the initial decision-maker(s) for reconsideration, or convene a new hearing. If a case is returned to the initial decision-maker(s), the Appeal decision-maker(s) shall identify which aspects merit further review.
The Sanctions process describes above (see Santions in all Formal Resolution Procedures and Title IX Resolution Procedures) will be followed.
Record Retention
The College maintains Resolution Procedure records for seven (7) years. For a student Respondent, the records will be maintained for seven (7) years past the student’s graduation (or if the student leaves the College before graduation, for seven (7) years after departure). For a faculty or staff Respondent, the records will be maintained for seven (7) years past the conclusion of the Resolution Procedures or seven (7) years past the end of employment, whichever is later.
Modification of Resolution Procedures
For good cause, and when not in substantial conflict with the Resolution Procedures, the Title IX Coordinator retains the authority to adapt or modify the investigation and disciplinary process as part of the Title IX Coordinator’s responsibility to ensure an equitable and prompt process for all Parties. For example, certain modifications may be necessary to allow for the fair and prompt resolution of a Complaint when it is received at the end of a term or during a break in the College’s academic schedule.
Termination of Resolution Process Upon Satisfactory Resolution
The College reserves the right to terminate the Formal Resolution Procedures when it is able to reach a settlement with Respondent that satisfies the College’s obligations under Title IX, Title VI, Title VII, and other relevant discrimination laws to end the alleged conduct, prevent its recurrence, and remedy its effects on Complainant and the College community.
Independent Investigation
The College, at the discretion of the General Counsel, may conduct an additional, investigation independent of the circumstances involved in the Resolution Procedures at any time.
Notations in Academic Records
The College will note “Ineligible to Register” on a student’s official CMC transcript if a student is suspended or expelled from the College under the Formal Resolution Procedures or the Title IX Resolution Procedures. In cases of suspension, the notation will remain on the official transcript during the period of suspension only. If a student is expelled, the notation will remain on the official transcript permanently. In addition, the Dean of Students will truthfully respond, consistent with FERPA, to another institution’s verification of status request sent as a result of a student’s attempt to enroll at another institution.
Continuation of the Formal Resolution Procedures or the Title IX Resolution Procedures if Respondent Withdraws
If a student withdraws while this process is pending, the presumption is that the College will complete the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) despite the student’s withdrawal. If the College elects to defer the Formal Resolution Procedures while the student is no longer enrolled, the student will be ineligible to register at the College until the Formal Resolution Procedures or the Title IX Resolution Procedures (as applicable) have been is completed. In such cases, the College will record “Ineligible to Register” on a student’s official transcript.
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