Sexual Harassment/Interpersonal Violence Policy Statement - Hastings

Sexual Harassment/Interpersonal Violence Policy Statement

This policy covers all Bryan College of Health Sciences students, regardless of sexual orientation, gender identity or expression, including part-time and full-time students, in all degree seeking and certificate programs and students at- large. This policy applies to the College’s administrators, faculty, staff, visitors, and applicants for employment or admission. This policy also covers all individuals engaged in Education Program or Activies as defined below anywhere on a College Campus. The College prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking as those terms are defined for purposes of the Clery Act.

Jurisdiction and Scope

This policy applies to all faculty, staff, and students of the College community. Individuals with a faculty appointment, vendors, independent contractors, and others subject to agreement with the College will be expected to comply with this policy as specified by the terms of any contract or agreement between the College and such third party.

This policy applies to all incidents of alleged Harassment, Discrimination, and/Retaliation, as defined by this policy, including incidents which occur on a College Campus, off-campus or outside of normal work, class, or business hours.

College may extend jurisdiction to off-campus and/or online conduct when the College determines the conduct affects a substantial College interest. This includes:

Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or

Any situation that is detrimental to the educational interests or mission of College

Definition of Violations

Prohibited Conduct includes Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Title IX Sexual Harassment, Sexual Exploitation, and Retaliation as defined below. All of these forms of conduct are prohibited by College policy.

Consent – For purposes of this policy, consent means words or actions demonstrating a knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent cannot be coerced, obtained by force, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another. In the case of drugs, alcohol, or other impairing substances, incapacitation is determined by how the person’s decision-making ability is affected and the ability of the person to make informed judgments. The relevant standard for review is whether the person alleged to have engaged in sexual misconduct knew, or a sober, reasonable person in the same position should have known, that the complainant was incapacitated. Consent to one form of activity is not consent to another. Consent can be withdrawn at any time. Incident specific consent is required even if the two parties are in a relationship.

Sexual Harassment – Unwelcome conduct by an individual(s) against another individual that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person in the alleged victim’s position considering all the circumstances would find intimidating, hostile, or offensive, but that does not meet the definition of Title IX Sexual Harassment stated below.

The determination of whether an environment is hostile must be based on all of the circumstances. These circumstances could include the severity of the conduct, the frequency of the conduct, and whether it is threatening or offensive. An isolated incident unless extremely severe will usually not amount to hostile environment harassment. Sexual harassment may include unwelcome conduct of a sexual nature and can include sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature when:

Submission to such conduct is made, explicitly or implicitly, a term or condition of an individual’s education, employment, or participation in a College activity; or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.
Actions that constitute sexual harassment may also include but are not limited to:
Engaging in conduct of a sexual nature which creates an intimidating, hostile, or offensive academic or work environment; this can include offensive physical contact, telling unwanted sexual jokes, sending sexually explicit text messages or emails, using sexually explicit profanity, staring at a person’s breasts or groin, etc.
- The carnal knowledge of a person (i.e., penile-vaginal penetration), without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity (it should be noted that either females or males could be complainants under this definition);
- Oral or anal sexual intercourse (i.e., penile penetration) with another person, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
- To use an object or instrument (e.g., an inanimate object or body part other than a penis) to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;

Sexual Assault – Sexual harassment also includes sexual assault. Sexual assault refers to physical sexual acts perpetrated against a person without their consent or where a person is incapable of giving consent due to the individual’s incapacity to give consent because of his/her temporary or permanent mental or physical incapacity (e.g., due to his/her minor status, influence of drugs, alcohol and/or other impairing substances, or because an intellectual or other disability prevents the person from having the capacity to give consent). Sexual assault includes, but is not limited to, rape, fondling without consent, incest, and statutory rape, which are defined in May 2020 Title IX regulations and for purposes of this policy as follows:

Rape:

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity; (for purposes of this definition, “private body parts” includes breasts, buttocks, or genitals, whether clothed or unclothed);.
Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
- Under Nebraska’s laws, a person commits the crime of first degree sexual assault of child (the most serious type of statutory rape) by:
- subjecting a child under the age of 12 to sexual penetration when the defendant is over the age of 19, or
- subjecting a child over the age of 12 but under the age of 16 to sexual penetration when the defendant is over the age of 25.

Dating Violence - Violence committed against a person a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and b) where the existence of such relationship shall be determined based on the reporting party’s statement and a consideration of (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence - Includes felony or misdemeanor crimes of violence committed by current or former spouse of the victim, by a person with whom the victim shared a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other persons against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Nebraska.

Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others or (b) suffer substantial emotional distress.

Stalking behaviors and activities may include, but are not limited to the following:

Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e- mails, written letters, gifts, or any other communications that are undesired and place another person in fear.
Use of online, electronic, or digital technologies, including:
- Posting of pictures or information in chat rooms or on Web sites
- Sending unwanted/unsolicited email or talk requests
- Posting private or public messages on Internet sites, social networking sites, and/or school bulletin boards
- Installing spyware on a victim's computer
- Using Global Positioning Systems (GPS) to monitor a victim
Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim
Surveillance or other types of observation, including staring or "peeping"
Trespassing
Vandalism
Non-consensual touching
Direct verbal or physical threats
Gathering information about an individual from friends, family, and/or co-workers
Threats to harm self or others
Defamation - lying to others about the victim

For purposes of this definition—

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Title IX Sexual Harassment – “Title IX Sexual Harassment” is a specific form of sexual harassment as defined by regulations issued by the U.S. Department of Education in May 2020, as follows:

Title IX Quid Pro Quo Sexual Harassment for purposes of the Title IX Sexual Harassment definition is conduct on the basis of sex committed in an education program or activity of the College in the United States by which an employee of the college conditions the provision of an aid, benefit, or service of the College on a student’s or employee’s participation in unwelcome sexual conduct.
Title IX Severe, Pervasive and Objectively Offensive Sexual Harassment for purposes of the Title IX Sexual Harassment definition is conduct on the basis of sex committed in an education program or activity of the College in the United States that constitutes unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a student or employee equal access to a College education program or activity.
Title IX Sexual Assault, Dating Violence and Domestic Violence for purposes of the Title IX Sexual Harassment definition are the same as the definitions of Sexual Assault, Dating Violence and Domestic Violence stated above in this policy, if the conduct is committed in an education program or activity of the College in the United States.
Title IX Stalking for purposes of the Title IX Sexual Harassment definition is the same as the definition of Stalking stated above in this policy, except that the stalking must be on the basis of the complainant’s sex, and it must be committed in an education program or activity of the College in the United States.

Further, to fall within the definition of Title IX Sexual Harassment, the Complainant must be participating or attempting to participate in a Bryan College of Health Sciences education program or activity at the time the conduct is reported.

Conduct takes place within the College’s “programs and activities” for purposes of this definition when that conduct occurs: (1) in a location, at an event, or in a circumstance where the College exercises substantial control over both the respondent and the context in which the conduct occurs; or (2) in any building owned or controlled by a student organization recognized by the College. Conduct that occurs off campus in locations or at events with no connection to the College is unlikely to have occurred in a program or activity of the College.

Conduct that does not meet this strict definition for Title IX Sexual Harassment is still prohibited by this policy if it otherwise constitutes Prohibited Conduct as defined in this policy.

Sexual Exploitation – Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that other person without that other person’s consent. Examples of behavior that could constitute sexual exploitation include but are not limited to the following:

Recording or capturing through any means images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nudity without that person’s consent;
Distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nudity, if the individual distributing the images or audio knows or should have known that the person(s) depicted in the images or audio did not consent to such disclosure and object(s) or would object to such disclosure; or
Surreptitiously viewing another person’s sexual activity, intimate body parts, or nudity in a place where that person would have a reasonable expectation of privacy, without that person’s consent, if the individual the other person’s or persons’ sexual activity, intimate body parts, or nudity in such a place knows or should have known that the person(s) being viewed would object to that.Exception: The college’s prohibition of sexual exploitation is not intended to prohibit the use of sexually explicit materials that are reasonably related to the college’s academic mission. Specifically, this section is not intended to proscribe or inhibit the use of sexually explicit materials, in or out of the classroom, when in the judgment of a reasonable person they arise appropriately to promote genuine discourse, free inquiry, and learning.
Consent can be withdrawn at any time, as long as the withdrawal of consent is clearly communicated by words or actions.
Consent cannot be coerced or compelled by force, threat, deception, or intimidation.
Consent cannot be given by someone who is incapacitated or does not have the legal capacity to consent, as defined below in the definition of “incapacitated”
Consent cannot be assumed based on silence, the absence of “no” or “stop,” the existence of a prior or current relationship, or prior sexual activity.

Retaliation – Retaliation means intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations or this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing regarding Prohibited Conduct. Retaliation is strictly prohibited. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, constitute retaliation, as do any adverse action taken against a person because they have made a good faith report of Prohibited Conduct or participated in any proceeding under this policy. Retaliation may include intimidation, threats, coercion, harassment, or adverse employment or educational actions that would discourage a reasonable person from engaging in activity protected under this policy. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance process under this policy does not constitute prohibited retaliation, provided, however, that a determination regarding responsibility is not alone sufficient to establish that any party made a materially false statement in bad faith.

The college will not engage in, and will investigate and address reports of retaliatory conduct. Retaliation under this policy may be found whether or not the underlying complaint is ultimately found to have merit.

Complainant – A student or employee of the college who is reported to have experienced conduct that could constitute Prohibited Conduct as defined in this policy, regardless of whether the student or employee makes a report or seeks disciplinary action. When deemed appropriate at the college’s discretion, a complainant may also be a third party involved in some way in an academic, extracurricular, or residential program of the college (“covered third party”) who has allegedly been subjected to conduct in violation of this policy by a student or employee. For ease of reference and consistency, the term “complainant” is used in this policy to refer to a person who believes that he or she has been subjected to Prohibited Conduct, or who is believed by another to have been subjected to such conduct.

Respondent – A student, employee or covered third party who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct as defined in this policy. A covered third party is a person who is not a student or employee of the college, but who is someone over whom the college has some measure of control that would allow the college to take some form of action against them if it is determined that they engaged in Prohibited Conduct (e.g., a vendor or volunteer).

Responsible Employee - A college employee who has the authority to redress sexual violence or who has the duty to report incidents of sexual violence or other student misconduct. A responsible employee must report to the Title IX Coordinator all relevant details about Prohibited Conduct of which they become aware.

Informal Resolution – a non-judicial approach to a complaint designed to address Prohibited Conduct through means that do not involve a formal investigation and resolution process.

Formal Resolution – a judicial approach to a complaint which is heard by a panel of College employees which may result in disciplinary action/sanctions against the respondent if a policy violation is established by a preponderance of evidence (i.e., it is more likely than not that the violation occurred).

Definitions of Other Terms

Actual Knowledge - notice of sexual harassment or allegations of sexual harassment to the College’s Title IX Coordinator or any official of the College who has authority to institute corrective measures on behalf of the College. ‘‘Notice’’ as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.

Bodily Injury - physical pain, illness, or any impairment of physical condition.

Confidentiality - the College will not disclose the names of individuals involved in sexual misconduct cases to others except on a need to know basis or as required by law. The College will instruct employees and students about the requirement not to disclose confidential information. Confidentiality is not the same as anonymity, where an individual is not named or personally identified.

Consent - freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions.

There are some persons who Nebraska law presumes are incapable of consenting to sexual contact or penetration as defined by Nebraska law by an actor by reason of their age. Under Nebraska law an actor nineteen years of age or older may not subject a person under the age of sixteen years of age to sexual penetration, or a person under fifteen years of age to sexual contact.

Crimes of Violence - offenses that involve force or threat of force, including murder and non-negligent manslaughter, rape, robbery, and aggravated assault.

Education Program or Activity - locations, events, College Campuses, or circumstances over which the College exercises substantial control over both the Respondent and the context in which the sexual misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the College.

Force or Threat of Force - (a) the use of physical force which overcomes the person’s resistance or (b) the threat of physical force, express or implied, against the person or a third party that places the person in fear of death or in fear of serious personal injury to the person of a third party where the person reasonably believes that the actor has the present or future ability to execute the threat.

Formal Complaint - a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct, including sexual harassment under Title IX, against a Respondent and requesting that the College investigate the allegation of sexual misconduct. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the College) 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 under the Sexual Misconduct Policy and will comply with the requirements of the Sexual Misconduct Policy.

Incapacitated - an individual is unable to understand the facts, nature, extent, or implications of the situation due to drugs, alcohol, a mental disability, being asleep, unconscious or in any other state where the individual is unaware that sexual contact is occurring, or based on their age (pursuant to Nebraska law). With respect to alcohol and drugs, intoxication and/or impairment is not presumptively equivalent to incapacitation. Consent does not exist when the individual initiating sexual activity knew or should have known of the other individual’s incapacitation.

In Violation - it is more likely than not that a Respondent has committed one or more acts of sexual misconduct. In other words, a preponderance of the evidence standard must be used to find sexual misconduct.

May - used in the permissive sense.

Not in Violation - it is more likely than not that a Respondent did not commit one or more acts of sexual misconduct.

Past Sexual Behavior - a person’s sexual behavior other than when the sexual misconduct is alleged to have occurred.

Private Body Parts - the genital area, groin, inner thighs, buttocks, or breasts.

Preponderance of the Evidence - the standard of evidence the College uses to determine whether the Respondent violated the Sexual Misconduct Policy. A finding of responsibility by a preponderance of the evidence means that it is more likely than not, based on all the reasonable evidence and reasonable inferences from the evidence, that the Respondent violated the Sexual Misconduct Policy.

Relevant Evidence - evidence that has any tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence in determining the action.

Remedies - measures designed to restore or preserve equal access to the College’s education program or activity. Such remedies may include the same supportive measures that are already being provided to the Complainant; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.

Serious Personal Injury - great bodily injury or disfigurement, extreme mental anguish or mental trauma, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.

Shall - used in the imperative sense.

Supportive Measures - non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The College will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures.

College – Bryan College of Health Sciences.

College Campus- All Bryan Health facilities where College students or students from other learning institutions are engaged in Education Program or Activities

College Day - a weekday on which the campus offices are open. Check the academic calendar on the campus website to determine the days on which the campus offices are closed.The disciplinary process for sexual misconduct will be available to a person with a complaint and enforced against a person found to have engaged in the behavior. Students engaged in Prohibited Conduct may also be subject to criminal and civil procedures at state and/or federal levels. The College is committed to fair and prompt procedures to investigate and adjudicate reports of sexual misconduct and to the education of the College community about the importance of responding to all forms of sexual misconduct. Special emphasis is placed on the rights, needs, and privacy of the complainant with a complaint, as well as the rights of the accused while adhering to all federal, state, and local requirements for intervention and crime reporting related to sexual misconduct.

The College strives to create an environment which encourages individuals to come forward if they feel they have been the victim of sexual misconduct. While the College strives to protect the confidentiality of both complainant and respondent, complete confidentiality cannot be guaranteed. The College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation, but its ability to do so may be limited based on the nature of the request. The College must balance the needs of the individualswith its obligation to protect the safety and well-being of the community at large. Therefore, depending on the seriousness of the alleged incident and individual circumstances, further action may be necessary including a campus security alert, timely warning and/or notification of local law enforcement. Personally identifying information about complainants will not, however, be released in campus security alerts or timely warnings.

Reasonable steps will be taken to protect the complainant, the respondent and other participants in the reporting, investigation, and resolution process from retaliation. Any individual who engages in retaliation will be subject to prompt and appropriate disciplinary action under this policy.

Inquiries about sexual harassment and/or interpersonal violence need not begin with a formal complaint, nor do they necessarily result in a complaint. Inquiries can be made without disclosing specific details such as names and places. Inquiries are appropriate whether sexual harassment or interpersonal violence has just begun or the complainant has already made efforts to resolve the problem. Any activity perceived as sexual harassment or interpersonal violence should be reported to the College’s Title IX Compliance Coordinator: Dr. Alethea Stovall, Vice President of Student Affairs, who is identified and authorized as the Title IX Coordinator and is responsible for coordinating the College’s efforts to comply with Title IX, or a member of the College’s administration, for investigation and action.

A complaint of alleged sexual harassment or interpersonal violence may not always be able to be substantiated, but the lack of corroborating evidence should not discourage an individual from seeking relief through procedures outlined in this policy. However, it is a violation of the policy to falsely and in bad faith accuse faculty, staff or students of sexual harassment or interpersonal violence.

The College encourages individuals who have experienced Prohibited Conduct and/or complainants to talk to somebody about what happened so they can get the support they need, and so the College can respond appropriately. Different employees on campus have different abilities to maintain a person’s confidentiality.

Procedure for Reporting and Responding to Complaints of Sexual Harassment-Privileged and Confidential Communication

Professional Counselors

Professional, licensed counselors who provide mental-health counseling to members of the College community are not required to report any information about the incident to the Title IX Coordinator without an individual’s permission. There are currently no procedures to encourage professional counselors, if and when they deem it appropriate, to inform the persons they are counseling of procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics. Following is the contact information for these individuals:

Counseling Services
Lorie Escobar, LMHP
Bryan College of Health Sciences Office 216b
402-481-3831

Charles L. Stone Health Center Counseling Services
Hastings College (Face to Face Option)
Book appointment: hastings.edu/student-life/health-safety-wellness/student-counseling/

Continuum EAP
3401 Village Drive, Ste 210
Lincoln, NE 68516
402-476-0186 or
1-800-755-7636

Individuals who work in the on-campus Counseling Services and Health and Wellness Services, and Bryan Medical Center, Employee Health can generally talk to an individual without revealing any personally identifying information about an incident to the College. An individual can seek assistance and support from these individuals without triggering a college investigation that could reveal the individual’s identity or that the individual has disclosed the incident.

While maintaining an individual’s confidentiality, these individuals or their office should report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report, which includes no information that would directly or indirectly identify the individual, helps keep the Title IX Coordinator informed of the general extent and nature of sexual harassment and interpersonal violence on and off campus so the Coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the individual to ensure that no personally identifying details are shared with the Title IX Coordinator. These individuals or their office will also report the nature, date, time and general location of an incident (but not the identity of the individual, unless necessary to promote safety) to the Security Department so that the report can be included in the College’s crime statistics.

Following is contact information for these non-professional counselors and advocates:

Health and Wellness Services
Melinda White or Jennine Neihardt
Bryan College of Health Sciences Office
208 402-481-8468

Employee Health Services
Bryan Health
East Campus
West Campus
402-481-8622

An individual who speaks to a professional or non-professional counselor or advocate must understand that, if the individual wants to maintain confidentiality, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator.

These counselors and advocates will assist the individual in receiving necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health, or mental health services, and changes to working or course schedules. An individual who at first requests confidentiality may later decide to file a complaint with the College or report the incident to local law enforcement, and thus have the incident fully investigated. These counselors and advocates will provide the individual with assistance if the individual wishes to do so.

These professional and non-professional counselors and advocates will maintain an individual’s confidentiality at the College but they may have reporting or other obligations under state law such as mandatory reporting to law enforcement in cases involving minors or imminent harm to self or others, and they may be required to testify if subpoenaed in a criminal case.

If the College determines that the alleged perpetrator(s) pose a serious and immediate threat to the College community, the College’s Executive Committee may be called upon to issue a timely warning to the community. Any such warning should not include any information that identifies the victim and/or complainant.

Responsible Employees
As noted above, a responsible employee is a college employee who has the authority to redress Prohibited Conductor who has the duty to report incidents of Prohibited Conduct.

When an individual tells a responsible employee about an incident of Prohibited Conduct, the responsible employee must report to the Title IX Coordinator all relevant details about the alleged Prohibited Conduct shared by the individual which, ideally, will include the names of the individual and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report.

The following categories of employees are the College’s responsible employees:

All regular full and part-time employees who are not identified above as confidential resources are responsible employees.

Before an individual reveals any information to a responsible employee, the employee should ensure that the individual understands the employee’s reporting obligations and, if the individual wants to maintain confidentiality, direct the individual to confidential resources.

Suppose the individual wants to tell the responsible employee what happened but also maintain confidentiality. In that case, the employee should tell the individual that the College will consider the request but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the coordinator of the individual’s request for confidentiality.

Responsible employees will not pressure an individual to request confidentiality, but will honor and support the individual’s wishes, including for the College to fully investigate an incident. By the same token, responsible employees will not pressure an individual to make a full report if the individual is not ready to or does not wish to do so.

Any person who feels they have been harassed or subjected to Prohibited Conduct may utilize these procedures to initiate an internal complaint to address the situation.

To encourage reporting, any individual (including a bystander or third party) who reports Prohibited Conduct will not be subject to disciplinary action by the College for one’s own personal use of alcohol or other drugs at or near the time of the incident, provided that any such violations did not harm or place the health or safety of any other person at risk. The College may offer support, resources and educational counseling to such individual.

Initiating a Complaint

Bryan College of Health Sciences encourages any person who believes that they have been subjected to Prohibited Conduct as defined in this policy to immediately file a complaint with Title IX Coordinator: Dr. Alethea Stovall, Vice President of Student Affairs or a member of the College’s administration for investigation and action. Any party receiving a complaint is required to report the complaint to the Title IX Coordinator/Vice President of Student Affairs (hereafter, Title IX Coordinator).

Students, faculty staff, and visitors who witness or are aware of suspected incidents of Prohibited Conduct as defined in this policy are strongly encouraged to report the incident to:

Title IX Coordinator:
Alethea Stovall, Vice President of Student Affairs
1535 S. 52nd St., office #233, Lincoln, NE 68506,
402-481-3804 or alethea.stovall@bryanhealth.org

Deputy Title IX Director:
Angela McCown, Associate Professor, Graduate College of Nursing
1535 S. 52nd St., office # 318 Lincoln, NE 68506,
402-481-3663 or angela.mcCown@bryanhealth.org

If a member of the Bryan College of Health Sciences community observes a violation of this Sexual Harassment/Interpersonal Violence Policy wherein a minor (an individual under the age of nineteen (19) years) is involved, Nebraska law requires them to report it to the proper law enforcement agency or Department of Health and Human Services. A report should also be made to campus security if the individual is facing immediate danger.

In accordance with the Clery Act, students or employees reporting that they have been a victim of domestic or dating violence, sexual assault, and stalking, will be provided written notice of their rights and options, which include: (i) to be assisted by campus authorities if reporting a crime to local law enforcement; (ii) change academic, living, transportation and or working situations or protective measures; (iii) obtain or enforce a no contact directive or restraining order; (iv) have a clear description of Bryan College of Health Science’ disciplinary process and know the range of possible sanctions; and (v) receive contact information about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student and financial aid, and other services available both on-campus and in the community. Providing this statement in written format to the victim shall meet the requirement of providing the victim with their rights. More information about these issues is provided below.

In addition to the complainant’s ability to file a complaint with the College, the complainant has the right to simultaneously file/report a complaint with local law enforcement. College personnel will assist the complainant in reporting the alleged offense to the police if they desire such assistance. The complainant will also be informed of the importance of preserving evidence of a criminal offense at the time of the first reporting. College action against violators of this policy does not in any way preclude the possibility of criminal action by civil authorities, should the complainant wish to pursue criminal charges. If the complainant chooses to make a police report, they will likely meet with police officers, who will work with the complainant to gather information about the experience, and to gather relevant evidence. Again, College representatives can support the complainant in interactions with law enforcement authorities if that is desired. An individual may also decline to notify law enforcement authorities.

The College will attempt to respond to reports of Prohibited Conduct brought anonymously or brought by third parties not directly involved in the reported conduct, to the greatest extent practical. However, the response to such reports may be limited if information presented in the report cannot be verified by independent facts.

Supportive Measures

It is not necessary to file a complaint, participate in an adjudication process, or file a criminal complaint in order to request Supportive Measures from the College. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to College’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter Prohibited Conduct.

Supportive Measures may include but are not limited to:

No Contact Orders restricting encounters and communications between the parties;
No Trespass Notices prohibiting the presence of an individual on College Campus property, or other properties on which College programs are occurring;
Academic accommodations, including but not limited to deadline extensions, incompletes, course changes or late drops, or other course-related adjustments and arrangements as appropriate;
Changing transportation or working situations arrangements or providing other employment accommodations, and/or leaves of absence, as appropriate;
Assisting the individual in accessing support services, including, as available, victim advocacy, academic support, counseling, confidential resources, disability, health or mental health services, visa and immigration assistance, student financial aid services, and legal assistance both on and off campus, as applicable
Increased security and monitoring of certain areas of the campus;
Campus escort services; and/or
Informing the individual of the right to report a crime to local law enforcement and/or seek orders of protection, restraining orders, or relief from abuse orders, and providing assistance if the individual wishes to do so. The College will also work with complainants and others as appropriate to respect and implement the requirements of such orders on premises that it owns or controls, as necessary and appropriate.

Where a complainant reportedly subjected to sexual assault, domestic or dating violence, or stalking makes a reasonable request for accommodations, the College is obligated to comply with that request if such accommodations are reasonably available.

Students and employees seeking Supportive Measures should direct their request to the Title IX Coordinator or designee, who will refer the individual to other resources as appropriate. The request will be evaluated and responded to by the Title IX Coordinator. Factors to be considered in determining reasonable services or accommodations may include the following:

The specific need expressed by the complainant or respondent;
The severity and/or pervasiveness of the allegations;
Any continuing effects on the complainant;
Whether the complainant and the respondent share the same residence hall, dining hall, class, extracurricular activities, transportation or job location;
Whether requested Supportive Measures would unreasonably burden a party; and
Whether outside judicial measures have been taken to protect the complainant.

The College will maintain as confidential any Supportive Measures provided to complainants and/or respondents, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the Supportive Measures. As such, the College may need to disclose some information about the individual to a third party to provide the necessary Supportive Measures in a timely manner. The Title IX Coordinator or designee is/are typically responsible for determining what information should be disclosed and to whom it should be disclosed. The decision to disclose information will be made after careful consideration of possible alternatives to disclosure and/or limiting the information provided to the third party as much as possible without compromising the College’s ability to provide the Supportive Measures.

Steps in Initiating and Investigating a Complaint of Prohibited Conduct

All proceedings will include prompt, fair, and impartial processes from the initial investigation to the final result and will be completed within a reasonably prompt timeframe as described below. The College will provide written notice to the parties where extensions of timeframes are granted for good cause, and the reason for the extension. Proceedings will be conducted in a manner that is consistent with College policy and transparent to the parties, timely notice of meetings will be provided to the parties, the parties will have equal access to any information that will be used during the meetings and other proceedings, and College officials involved will not have a conflict of interest or bias for or against any party.

All proceedings will be conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault and stalking and on how to conduct procedures that protect the safety of the victims and promote accountability. Training includes, but is not limited to, topics such as relevant evidence and how it should be used during a proceeding, proper techniques for questioning witnesses, basic procedural rules for conducting a proceeding, and avoiding actual and perceived conflicts of interest.

The complainant and respondent are entitled to the same opportunities to have others present during a disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice. The College will not limit the choice of advisor or the advisor’s presence for either party.

Both the complainant and the respondent will be simultaneously informed, in writing: a) of the outcome of any College disciplinary proceeding that arises from an allegation of Prohibited Conduct; b) of the College's procedures for the complainant and respondent to appeal the results of the College disciplinary proceeding; c) of any change to the results that occurs prior to the time that such results become final; and d) when such results become final.

Filing a Complaint

The College encourages any person who has a concern regarding alleged Prohibited Conduct to report it to the Title IX Coordinator as soon after the incident as possible. However, there is no time limit on when an incident may be reported to the Title IX Coordinator or other College administrator. Complaints may be made by the following methods:

Title IX Coordinator: Dr. Alethea Stovall; 402-481-3804, alethea.stovall@bryanhealth.org;

Deputy Director of Title IX: Dr Angela McCown, 402-481-3663, angela.mcCown@bryanhealth.org;

Counseling Services: Lorie Escobar, 402-481-3831, lorie.escobar@bryanhealth.org;

College Health Nurse: Melinda White, 402-481-8468, Melinda.white@bryanhealth.org or

Jennine Neihardt, jennine.neihardt@bryanhealth.org

Initially Evaluating a Complaint
Any responsible employee who receives notice of or information about alleged Prohibited Conduct must notify the Title IX Coordinator as soon as possible but no later than five (5) College Days of receiving the information.
Initial Communication with the Complainant and Conducting the Initial Assessment

If a report alleges conduct that would, if proved, constitute Prohibited Conduct, the Title IX Coordinator will:

Promptly contact the complainant to discuss the availability of supportive measures as defined below;
Consider the complainant’s wishes with respect to supportive measures;
Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
Explain to the complainant the process of filing a formal complaint.

The Title IX Coordinator will begin an initial assessment within five (5) College Days of receiving the complaint unless there are mitigating circumstances. The first step of the assessment will usually be a preliminary meeting with the complainant. The purpose of the preliminary meeting is to gain a basic understanding of the nature and circumstances of the report. It is not intended to be a full review. At this meeting the complainant will be provided with any additional necessary information about resources, procedural options, and Supportive Measures.

As part of the initial assessment the Title IX Coordinator will:

Assess the nature and circumstances of the allegation
Address immediately the physical safety and emotional well-being of the complainant
Notify the complainant of the right to contact law enforcement and seek medical treatment
Notify the complainant of the importance of preserving evidence
Ensure the report is entered into the College’s daily crime log
Assess the reported conduct for the need for a timely warning under the Clery Act
Provide the complainant with information about on- and off-campus resources
Notify the complainant of the range of Supportive Measures
Provide the complainant with an explanation of the procedural options, including informal resolution and formal resolution
Identify an adviser, advocate, and/or support person for the complainant
Assess for pattern evidence or other similar conduct by the respondent
Discuss the complainant’s expressed preference for the manner of resolution and any barriers to proceeding
Explain the College policy prohibiting retaliation

At the conclusion of the initial assessment the complainant may choose one of three options.

Informal Resolution conducted by the Title IX Coordinator
Formal Resolution conducted through the College’s Formal Appeal Panel
Declining to move forward with the complaint process

If the complainant declines to move forward with the complaint process, the Title IX Coordinator will explain to the complainant that there may be circumstances in which the College is unable to abide by requests for confidentiality or inaction. In certain circumstances the College may decide that it needs to investigate the complainant’s allegations and to take appropriate responsive measures even when the complainant does not wish to pursue a complaint against the respondent or has decided to withdraw a pending complaint.

The initial assessment will proceed to the point where a reasonable assessment of the safety of the individual and of the College community can be made. Thereafter, an investigation may continue through the procedures outlined below, depending on a variety of factors, such as whether the complainant wants the College to pursue disciplinary action, the risk posed to any individual or the College community by not proceeding, and the nature of the allegation. In the course of this assessment, the College will consider the interest of the complainant and the complainant’s expressed preference for the manner of resolution. Where possible, and as warranted by an assessment of the facts and circumstances, the College will seek action consistent with the complainant’s request. In general, the College will weigh a complainant’s request for confidentiality or the desire that the College take no action on the complaint by considering factors such as whether the circumstances of a matter suggest there is an increased risk of the alleged perpetrator committing additional acts of sexual violence or other violence (e.g., whether there have been other sexual violence complaints about the same alleged perpetrator, whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence, whether the alleged perpetrator threatened further sexual violence or other violence against the student or others, and whether the sexual violence was committed by multiple perpetrators). These factors also may include circumstances that suggest there is an increased risk of future acts of sexual violence under similar circumstances (e.g., whether the complainant’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group). Other factors that may be considered in assessing a complainant’s request for confidentiality may include, depending on the circumstances, whether the reported sexual violence was perpetrated with a weapon; the age of the complainantreportedly subjected to the sexual violence; and whether the College possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence).

C. Supportive Measures

During the initial meeting with the complainant, the Title IX Coordinator or designee will discuss Supportive Measures that may be available to the complainant. Example Supportive Measures are discussed above.

D. Relationship with Other Proceedings

The filing of a complaint under this policy is independent of any criminal investigation or proceeding, and the College will not wait for the conclusion of any criminal investigation or criminal proceeding before commencing its own investigation or implementing Supportive Measures.

E. Determinations of Applicable Procedures, Dismissals, Transfers and Appeals of Such Determinations
When a complainant requests an investigation, the Title IX Coordinator will promptly upon receipt of a formal complaint:

Determine whether the conduct alleged would, if proved, constitute Title IX Sexual Harassment (i.e., Quid Pro Quo Sexual Harassment, Severe, Pervasive and Objectively Offensive Sexual Harassment, Sexual Assault, or sex- based Domestic Violence, Dating Violence or Stalking) as defined in the Title IX Sexual Harassment definition stated above;
Determine whether the conduct allegedly occurred in the College’s education program or activity;
Determine whether the conduct allegedly occurred in the United States; and
Determine whether, at the time the formal complaint was made, the complainant was participating in or attempting to participate in a college program or activity.

If a formal complaint of conduct that would, if proved, satisfy all four of these elements and constitute Title IX Sexual Harassment as defined in this policy is filed by a complainant or signed by the Title IX Coordinator, it will be investigated and resolved through the procedures applicable to Title IX Sexual Harassment matters as outlined below.

The College will investigate alleged Title IX sexual harassment when a complainant submits a signed or electronically submitted formal complaint to the Title IX coordinator and requests an investigation. The Title IX Coordinator may also choose at their discretion to sign a formal complaint and initiate an investigation, even if the complainant chooses not to do so. In cases where the complainant does not wish to submit a formal complaint but the Title IX Coordinator decides in their discretion to sign a complaint and initiate an investigation and resolution process, the Title IX Coordinator will not be a complainant or otherwise a party to the matter.

If some but not all of the conduct alleged in the complaint satisfies all four of the elements stated above and a formal complaint is received from a complainant or signed by the Title IX Coordinator, the College will address the entire matter through the procedures applicable to Title IX Sexual Harassment matters as outlined below (that is, it will as required by federal regulations follow Title IX Sexual Harassment procedures to address the alleged Title IX Sexual Harassment, and it will, to promote efficiency, choose to follow Title IX Sexual Harassment procedures to address Non-Title IX Prohibited Conduct and other non-Title IX alleged misconduct in such mixed cases, so that all related alleged misconduct may be addressed through one investigation and resolution process.

If it appears based upon initial review or upon information gathered during an investigation that the matter does not satisfy and/or no longer satisfies all 4 of these elements, the College will, as required by the May 2020 Title IX regulations, dismiss the matter for purposes of the Title IX Sexual Harassment process, and will transfer it for handling under the Non-Title IX Prohibited Conduct procedures outlined below or under other College procedures, as deemed appropriate by College. Investigation and resolution of a matter that does not fall within the definition of Title IX Sexual Harassment may be pursued, dismissed altogether, or transferred to another College process, as deemed appropriate in the College’s discretion and/or as appropriate under applicable law.

Even if the initial allegations of a matter fall within the definition of Title IX Sexual Harassment, the College may (but is not required to) dismiss a formal complaint or any allegations therein if at any time during the investigation or resolution process:

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 at or employed by the College; or
Specific circumstances prevent the College from gathering sufficient evidence to reach a determination as to the formal complaint or allegations therein.

If a formal complaint is dismissed by the College under the circumstances described above, the College will simultaneously provide to the parties written notice (by electronic or other means) of the dismissal and the reasons for the dismissal, and notice of the parties’ opportunity to appeal such dismissal through the Title IX Sexual Harassment appeal procedures outlined below.

If the respondent is a student and an employee, the Title IX Coordinator will determine which procedures will apply based upon the facts and circumstances, such as whether the respondent’s status as a student or an employee predominates in the context of the alleged Prohibited Conduct. If a student-employee is found to have engaged in Prohibited Conduct, the student-employee may be subject to sanctions both in connection with their employment, and in connection with their student status, as appropriate under these and other applicable procedures.

Steps in Investigating and Resolving Title IX Sexual Harassment Complaints

If it is determined through the process described immediately above that the alleged Prohibited Conduct, if proved, would fall within the definition of Title IX Sexual Harassment provided in this policy, the following procedures will apply exclusively.

Emergency Removal of Students or Employees in Title IX Sexual Harassment Cases
When the College determines that there is an immediate threat to the physical health or safety of any student or other individual arising from reported conduct that falls within the definition of Title IX Sexual Harassment in this policy, the College can remove a respondent from its education program or activity (which may include removing an employee respondent from their employment at College) and issue any necessary related no-trespass and no-contact orders. The College will make the decision to remove a respondent from its education program or activity based on an individualized assessment and risk analysis.

If the College makes such a decision, the respondent will be provided with notice and an opportunity to challenge the decision immediately following the removal. Specifically, the respondent shall have forty-eight hours in which to submit a letter to or appear personally or virtually before the [] to contest the emergency removal (though a meeting could be scheduled sooner if requested by the respondent, if practicable).

Administrative Leave in Title IX Sexual Harassment Cases

The College always maintains the discretion to place non-student employee respondents on paid administrative leave during the pendency of an investigation and resolution process as outlined below.

The College may also place a non-student employee respondent on unpaid administrative leave during the pendency of an investigation and resolution process.

The College may place student-employee respondents on administrative leave from their employment during the pendency of an investigation and resolution process where deemed appropriate as a supportive measure, under circumstances where it can do so without unreasonably burdening the student-employee respondent.

Notice
If the College initiates an investigation of Title IX Sexual Harassment it will provide to the parties a written notice (by electronic or other means) that includes:

Information about the College’s formal and informal resolution processes;
A statement of the allegations of behavior potentially constituting Title IX Sexual Harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial post- intake interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Title IX Sexual Harassment, and the date and location of the alleged incident, if known;
A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
Information regarding the College’s presumption of good faith reporting and a summary of the College’s false information policy;
Notification that parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
Notification of existing counseling, health and mental health services available on campus and/or in the community;
Notification that parties may inspect and review evidence during the investigation and resolution process, as provided below; and
Notification that taking any retaliatory action (directly or through others) against any person because they are involved in the investigation is prohibited and will be considered a separate violation of College policy.

If in the course of an investigation the College decides to investigate allegations about any party that are not included in the notice described above, it will provide notice of the additional allegations to the parties whose identities are known.

Consolidation of Formal Complaints

The College may consolidate formal complaints as to allegations of Title IX Sexual Harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of such Title IX Sexual Harassment 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.

Investigation of Title IX Sexual Harassment Cases

The Title IX Coordinator or designee will appoint an investigator or investigators (referred to here in the singular as “investigator” for the sake of convenience), who may be College employees or outside investigators, to investigate a complaint. The College will provide notice to the parties of the identity of the investigator. If a party believes that an investigator has a bias against or for complainants or respondents generally or them particularly as a party, or a conflict of interest, the party may submit a written objection to the Title IX Coordinator that outlines the basis for their objection to the investigator’s service. The Title IX Coordinator will make a decision on such objections, and will appoint any alternate investigator, and follow this process as necessary, until an investigator is selected to conduct the investigation.

The investigator will conduct a thorough fact-finding investigation. The investigation will usually include meetings with the complainant and the respondent separately, as well as witnesses who may have material information about the events that are the basis of the complaint. The investigator may also collect and examine any physical evidence or documents, emails, text messages, etc. that may be relevant to the events in question. At any time during the investigation, the complainant and respondent may provide written statements or other supporting materials that may be helpful to the investigator.
The complainant and respondent are entitled to be accompanied by an advisor of their choice whenever meeting with the investigator. Advisors can confer privately with their advisee, but cannot question the process nor address the investigator. The parties will be given periodic status updates throughout the investigation.

To protect the integrity of the investigation, complainants, respondents, witnesses, affected parties and advisors shall not, except as specifically permitted below, disclose any information discussed or revealed during the investigation while the investigation and adjudication process is still pending, other than to the investigator, and/or a confidential resource such as their mental health counselor or attorney (who also must not disclose such information), or a non- attorney advisor (who also must not disclose such information).

The College will endeavor to complete the investigation portion of the process within 90 College Days of issuing a notice of investigation as described above, but this may be extended at the College’s discretion due to factors such as the complexity of the matter, the availability of witnesses, requests by a law enforcement agency for a temporary delay in the investigation process (see below), College breaks, and other legitimate reasons.

The following general investigation-related provisions are applicable only to the investigation of matters that fall within the definition of Title IX Sexual Harassment, as required by 2020 Title IX regulations. In such matters, the following provisions will apply:

Parties’ equal opportunity to present witnesses may include evidence from fact and expert witnesses; and
Parties are not restricted in their ability to discuss the allegations under investigation or to gather and present relevant evidence; and
Parties whose participation is invited or expected will receive written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.

Preliminary Investigative Report

When the investigator has gathered all of the information that they determine should be gathered preliminarily, the investigator will prepare a preliminary investigative report. The preliminary investigative report will summarize relevant evidence but will not contain any recommendations regarding whether the respondent violated this policy or any other College policy at issue.

The College will provide each party with an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised, including the evidence upon which College does not intend to rely in reaching a determination regarding responsibility and/or which the investigator does not deem relevant, 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. Such evidence will not include un- redacted privileged records or information that may have been gathered or received during the investigation, absent written consent from the party holding the privilege.

The College will 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.
Parties and advisors are not permitted to download, print or copy such evidence subject to inspection and review, and are not permitted to re-disclose such evidence without the College’s permission. Parties and advisors will be required to sign an acknowledgment form indicating that they understand these prohibitions. Violations of these prohibitions may subject parties to College discipline under applicable conduct codes.

Review and Response to Preliminary Investigative Report

The complainant and the respondent will have an opportunity to review the preliminary investigative report and provide written responses to the report. The complainant and the respondent must submit any comments, feedback, additional documents, evidence, suggested questions for individuals interviewed, requests for additional investigation, names of additional witnesses, or any other information they deem relevant to the investigator, additional documents or other evidence, within 10 College Days after the preliminary investigative report is sent or made available to them for review. The parties' written responses will be considered by the investigator prior to completion of the final investigative report, and some or all of the responses may be attached or otherwise incorporated into the final investigative report.

In the event that new, relevant information is provided or identified at this stage, the information will be incorporated into the preliminary report as deemed appropriate by the investigator.

Final Investigative Report

Final Investigative Report Generally

After considering any written response submitted by either party, or after the 10 College Day comment period has lapsed without receiving a written response or responses, the investigator will address any relevant issues identified by the complainant and/or the respondent, and as appropriate, pursue any additional investigative steps as needed. The final investigative report will include the investigator’s non-binding recommendation as to whether the respondent should be found responsible for violating the policy provisions at issue. The investigator’s recommendation will be reached by applying the preponderance of evidence standard, i.e., whether it is more likely than not that the Policy was violated. The final investigative report will be reviewed by the Title IX Coordinator before it is issued. Final investigative reports will be provided simultaneously to the parties and their advisors, if any. The College will give each party an opportunity to review the other party’s written response, if any.

Final Investigative Report

The following additional provisions regarding the final investigative report will apply in Title IX Sexual Harassment matters:

The final investigative report created by the investigator will fairly summarize relevant evidence and include as exhibits evidentiary materials as deemed appropriate by the investigator;
At least 10 College Days prior to the hearing referenced below, the College will send to each party and the party’s advisor, if any, the final investigative report and exhibits in an electronic format or a hard copy, for their review and written response;
Any written response a party wishes to provide must be submitted to the Title IX Coordinator or designee within 10 College Days of receiving the final investigative report and exhibits; and
The final investigative report and the parties’ written responses, if any, will be provided to the Hearing Board in advance of the hearing.

Deadlines for parties’ review of information and submission of comments may be extended upon request for good cause, at the discretion of the Title IX Coordinator or their designee.

Should a respondent who has been notified of an investigation/adjudication fail to cooperate with the investigator, the investigation may proceed, a finding may be reached, and a sanction may be imposed based on the information available.

The complainant may request that the investigation be stopped at any time. the College and/or the Title IX Coordinator will determine whether the investigation can be stopped, or whether, due to countervailing concerns of campus safety, it is unable to honor the complainant’s request to stop the investigation.

Formal Hearings in Cases of Alleged Sexual Misconduct

Hearing Boards

Hearings will be presided over by a Hearing Board chaired by a Hearing Chairperson, who will make the decision as to whether or not the respondent violated the policy provisions at issue. Each Member of the Hearing Board shall have one (1) vote. A simple majority is needed to find the respondent(s) responsible for the violations alleged. This decision will be made using the preponderance of the evidence standard, which means that a policy violation will only be found if the evidence establishes that it is more likely than not that the violation occurred. The Hearing Chairperson has broad authority to determine the process, timing and conduct of a hearing. For example, the Hearing Chairperson will determine the order of presentation, timing and overall duration of the hearing, what information and evidence will be heard, what information and questions are relevant to the determination of the matter, and what cross-examination questions will or will not be permitted.

Hearing Board Members will be appointed by the Title IX Coordinator. In selecting a Hearing Board for a particular matter, the Title IX Coordinator will take care to select individuals who do not have a conflict of interest or bias against complainants or respondents generally or an individual complainant or respondent. The College will notify the parties of the identity of the Hearing Board in advance of the hearing, and parties may, within 3 College Days of such notice, object to the service of a Hearing Board Member by providing a written statement (which may be transmitted electronically) as to why the party believes that the Hearing Member has a conflict of interest or bias. The Title IX Coordinator or designee will make decisions regarding such objections and the appointment of an alternate Hearing Chairperson, as necessary. The Hearing Chairperson shall make decisions regarding objections and appointments of Hearing Board Members.

Pre-Hearing Conference

Within 30 College Days of the issuance of the Final Investigative Report the Title IX Coordinator or their designee will schedule a Hearing. A Pre-Hearing Conference will be held at least two (2) College Days prior to the scheduled hearing. The College will provide written notice of the date, time, location, participants, and purpose of both the Pre-Haring conference and of the hearing at least five (5) College Days prior to the Pre-Hearing Conference.

The Respondent and the Complainant shall have the right to attend a Pre-Hearing Conference. The purpose of the Pre-Hearing Conference is to plan for the hearing, discuss the issues and facts that will be presented at the hearing, exchange information about witnesses likely to be called, answer procedural questions, and settle those matters which may be agreeably concluded. Generally, the Chair of the Hearing Board will preside over the Pre-Hearing Conference. During or prior to the Pre-Hearing Conference, the parties shall be informed of the names of the Hearing Board Members. In attendance at the Pre-Hearing Conference will be the Title IX Coordinator, Hearing Chairperson, Legal Counsel on behalf of the College, the Investigator, the respondent and their advisor, and the complainant and their advisor. Any other party allowed into this meeting must be approved by the Hearing Chairperson and the Title IX Coordinator.

The Respondent, the Complainant, and the University Presenter shall have an opportunity to inspect documents and a list of witnesses prior to the hearing. The Hearing Board will receive a copy of the Investigative Report. If there are any additional documents that the Respondent, the Complainant, or the University Presenter would like to offer at the hearing, this information should be provided at least two (2) College Days before the Pre-Hearing Conference. This information will be exchanged with all parties. The parties and their advisors will be instructed on the relevance of and use of past sexual behavior. The use and rules of such information must be strictly complied with by the parties and their advisors.

Hearing Procedures

At the beginning of the hearing, the Chair of the Hearing Board should state for the record:

the date, time, and place
their name and role as the Chair of the Hearing Board.

The Chair should:

have the other Members of the Hearing Board identify themselves
state whether there is a quorum. If there is not a quorum, then the hearing must be rescheduled unless all parties waive on the recording any objection to the lack of a quorum.

The Chair should then identify the other persons present, ask the University Presenter to read the alleged violation(s), and ask the Respondent if the Respondent admits to the alleged violation(s).

The Chair must conduct the hearing in a manner that facilitates the presentation of relevant evidence by the Complainant, the Respondent, and the University Presenter. The Complainant, the Respondent, and the University Presenter have the right to call witnesses, including expert witnesses, and present their respective cases. The Members of the Hearing Board may ask questions to clarify what the witness said or to elicit more detailed information.

The Chair of the Hearing Board has the discretion to:

allow the parties to make opening statements, closing statements, or both, with reasonable time limits;
allow witnesses to testify by videoconferencing technology;
require that the witnesses who have not yet testified wait somewhere other than the hearing room until they are called to testify; and
schedule separate hearings if charges have been brought against multiple respondents or multiple charges have been brought against a single respondent.

The University Presenter will present evidence first, followed by the Complainant, and then the Respondent. Courtroom rules of evidence do not apply.

The presentation of evidence may include calling witnesses who have relevant information. A party may question the witness they call in support of their position.

The Chair will permit each party’s advisor to ask the other party and any witnesses called by another party all relevant questions and follow-up questions, including those challenging credibility (“crossexamination”).

Such cross-examination will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally, notwithstanding the discretion of the Chair to otherwise restrict the extent to which advisors may participate in the proceedings.

Before a Complainant, a Respondent, or a witness answers a crossexamination or other question, the Chair will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

Additionally, the Chair will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

As a general rule, the following information may not be used during the grievance process: Information protected by a legally recognized privilege unless the person holding such privilege has waived the privilege; evidence about a Complainant’s prior sexual history unless an exception applies; any party’s medical, psychological, and similar records unlessthe party has given voluntary, written consent.

The Chair will explain to the party proposing the questions any decision to exclude a question as not relevant.

If a party does not have an advisor present at the live hearing, the College will provide without fee or charge to that party, an advisor of the University’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.

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.

The Hearing Board cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing, or decision not to answer questions or otherwise not participate in the investigation or live hearing.

Other than to conduct cross-examination as described above, the parties’ respective advisors may not speak on behalf of the parties during the hearing and may not directly participate in any aspect of the hearing. The Complainant or the Respondent, however, may consult with their respective advisors during the hearing. The Hearing Board Chair may limit the length and frequency of consultations so that they do not unreasonably delay the hearing or unreasonably interfere with the presentation of evidence.

At the conclusion of the hearing, the Hearing Board must go into closed session to deliberate and make its decision based solely upon the relevant evidence introduced and received at the hearing. The decision must be made by a majority vote.

A Respondent is presumed to be not responsible. The determination of the merits of the case shall be made using the preponderance of the evidenced standard.

Advisors

Each party may have an advisor of their choice present at a hearing for the limited purpose of conducting cross-examination on behalf of that party. Advisors may be, but are not required to be, attorneys. If a party does not have an advisor of their choice present at a hearing, the College will, without fee or charge to the party, provide an advisor of the College’s choice, again for the limited purpose of conducting cross-examination on behalf of that party. No later than 10 College Days before the hearing, parties should inform the Title IX Coordinator of the identity of any advisor of choice who will accompany them to the hearing, so that the College will know whether or not it needs to arrange for the presence of a College-provided advisor.

At a time and manner deemed appropriate by the Hearing Chairperson, the advisor for each party will be permitted to ask the other party and any witnesses all relevant cross-examination questions and follow-up questions, including those challenging credibility. Except for that limited role, advisors may not participate actively in the hearing and may not speak or otherwise communicate on the part of the party that the advisor is advising. However, the advisor may consult privately in a non-disruptive manner with their advisee during and/or at a recess in the hearing. Scheduling accommodations generally will not be made for advisors if they unduly delay the process. The College reserves the right to take appropriate action regarding any advisor who disrupts the process, or who does not abide by the restrictions on their participation as determined in the sole discretion of the Hearing Chairperson, which may include exclusion of the advisor from the hearing and the appointment of an alternate College-provided advisor.

All Advisors are subject to the same College policies and procedures, whether they are attorneys or not, and whether they are selected by a party or assigned by the College. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address College officials or investigators in a meeting or interview unless invited to do so (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or other Decision-maker except during a hearing proceeding during questioning.

Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role. The College may decide at its discretion to provide an alternate Advisor of its choosing in circumstances where it has been deemed necessary to exclude an Advisor from the investigation or hearing process.

Requests for Appearance of Witnesses

If a party wishes to have an individual appear at the hearing as a witness, they must provide notice of the identity of the proposed witness and a brief description of the subject matter of the witnesses’ testimony to the Title IX Coordinator or designee at least 10 College Days before the date of the hearing. The Title IX Coordinator or designee, in consultation with the Hearing Chairperson as necessary, will determine whether the witness is likely to have information that is relevant to the hearing, and if it is determined that the witness is likely to have relevant information, the Title IX Coordinator or designee will inform the witness that their presence at the hearing is required (to the extent that the College has jurisdiction to require the presence of the witness) or requested. All Bryan Health employees shall be required to appear as a witness and participate in the investigatory process to the extent requested by the Title IX Coordinator. Any non-compliance with these requests will result in disciplinary action, leading up to termination.

Conduct of Hearings and Relevance

At or before the hearing, the Hearing Board will receive a copy of the final investigative report, any attachments thereto, and copies of the parties’ written responses to the final investigative report, if any, which will be part of the information of record to be considered by the Hearing Board. The recommendation regarding responsibility made by the investigator in the final investigative report is only advisory and is not binding on the Hearing Board; the Hearing Board will make an independent determination regarding responsibility based upon the investigative report, evidence admitted at the hearing, and the testimony and cross-examination of parties and witnesses at the hearing, as applicable.

Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the Hearing Chairperson will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Advisors are not permitted to object to Hearing Chairperson decisions regarding relevance during a hearing. The Hearing Chairperson is able to consult with College Legal Counsel in determining whether a question is relevant.

Regarding the evidence subject to inspection and review that was provided to the parties and their advisors under the Title IX Sexual Harassment matter-specific investigation procedures outlined above, a copy of such evidence will be made available at the hearing, and each party and/or their advisor (as applicable) will have an equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

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.

Information protected under a legally recognized privilege (such as, for example, privileged communications between a party and their physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a treatment capacity, or privileged communications between a party and their attorney), is not relevant unless the person holding the privilege has waived the privilege.

At the request of either party, the College will provide for the hearing to occur with the parties located in separate rooms with technology enabling the Hearing Board and parties to simultaneously see and hear the party or the witness answering questions. Live hearings may be conducted with all parties physically present in the same geographic location or, at the College’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. In accordance with applicable Title IX regulations, all hearings will be in a setting that allows for live cross-examination of witnesses.

If a party or witness does not submit to cross-examination at the live hearing, the Hearing Board will not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Hearing Board will not 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 answer cross-examination or other questions.

At the discretion of the Hearing Chairperson, parties (but not their advisors) will usually be given an opportunity to make a closing statement at the conclusion of the hearing.

Record of Hearings

The College will create an audio or audiovisual recording and/or transcript, of any live hearing, and will make it available to the parties for inspection and review.

Determinations Regarding Responsibility

Within 14 College Days after the hearing, the Hearing Chairperson(and if necessary, the sanctioning Board, as provided below) will prepare and issue a written determination regarding responsibility and, if applicable, sanctions. In determining responsibility, the hearing Board will apply the preponderance of the evidence standard. The written determination of outcome will include:

Identification of the section(s) of the College’s Title IX Sexual Harassment policy alleged to have been violated;
A description of the procedural steps taken from the receipt of the complaint through the determination, including but not limited to, as applicable, 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 definitions of sexual harassment for purposes of the College’s Title IX Sexual Harassment definitions;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility and, where necessary and in collaboration with the sanctioning officer, a statement regarding any sanctions and the rationale therefor;
If a finding of responsibility is made, what supportive measures, remedies, and sanctions are necessary to prevent the continuation of sex-based discrimination and
Identification of the College’s procedures and permissible bases for the complainant and respondent to appeal (as outlined below).

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

The determination will also notify the parties whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant but will not provide details about any such remedies.

If sanctions are necessary, they will be assigned in accordance with the Sanctions section below. The parties will receive notice simultaneously of the written determination regarding responsibility and, if necessary, any sanctions as determined through the procedures outlined below.

Sanctions
It is the College’s belief that sanctions should maximize safety for all people and College constituents, relate to the nature of the behavior, and provide an opportunity for growth and learning. In the context of sexual harassment and interpersonal violence, sanctions will also be designed to restore the complainant’s equal access to college education programs or activities. The range of possible sanctions when a respondent is found responsible for Prohibited Conduct is as follows:

Written Warning

A written warning is a notice that the respondent’s behavior is unacceptable and that further misconduct may result in further disciplinary action. A copy of the warning letter is placed in the student’s academic file or in the employee’s employment record.

Fines
A monetary fine may be imposed. Failure to pay or to make arrangements to pay a fine may result in a hold being placed on the respondent’s account.

Restitution
Restitution may be imposed in the form of monetary payment to repair or otherwise compensate for damages caused by the respondent. Failure to pay or to make arrangements to pay may result in a hold being placed on the respondent’s account.

Loss of Privileges

A respondent may be restricted or excluded from participating in curricular or extracurricular activities for a specified period of time.

Educational Sanction

Educational sanctions may include mediation, drug and alcohol education/treatment, public presentation, formal apology, research paper, college completion contract, etc.

Suspension
Termination of student or employment status at the College for a specified period of time, with the possibility of reinstatement, provided that the respondent has complied with all conditions imposed as part of the suspension and provided the respondent is otherwise qualified for reinstatement. Depending on the length of the suspension, transition activities may be required. Suspension involves the exclusion of the respondent from participation in any academic or employment activites. Written notification of this action will be provided to the respondent. The respondent may be withdrawn from all courses carried that semester and shall forfeit all tuition/fees according to the normal refund schedule of the College. The respondent may not be on the College’s premise unless engaged in official business approved in writing by the Vice President of Student Affairs or College Administrator.

Dismissal
Termination of student or employment status. Written notification of this action will be provided to the respondent. The action of dismissal will be noted on the student’s academic transcript or employee’s employment record; the student will be withdrawn from all courses carried that semester and shall forfeit all tuition/fees according to the normal refund schedule of the College. The respondent may not be on the College’s premise unless engaged in official business approved in writing by the Vice President of Student Affairs or College Administrator. Readmission after dismissal may be granted on a case by case basis.

If a Hearing Board makes a determination that a respondent is responsible for committing Prohibited Conduct, the Hearing Chairperson will inform the sanctioning officer of that determination, and the sanctioning officer shall implement the supportive measures, sanctions, and other remedies the Hearing Board hs recommended as part of their ruling.Appeals
Each party to a case falling under this policy has a right to appeal:

The Title IX Coordinator’s dismissal of a formal complaint for Title IX purposes based on the Title IX Coordinator’s determination that it did not fall within the definition of Title IX Sexual Harassment (where applicable); or
The result of a hearing and/or sanctioning process, on the following grounds:
- There was a procedural irregularity that affected the outcome of the matter;
- There is 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.
- 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; and/or
- The sanctions are not appropriate.

Appeals in student respondent cases must be filed within 5 College Days of the case determination. Appeals in faculty respondent cases must be filed within 5 College Days of the delivery of the written determination. Appeals in staff employee respondent cases must be filed within 5 College Days of the case determination.

The other party may be notified of any submitted appeal through the Title IX Coordinator or their designee. The other party may submit a written response to the appeal within 5 College Days of delivery of the appealing party’s appeal. Both parties will be informed of any change to the results of a disciplinary process that occurs prior to the time that such results become final, and when such results become final.

Where an appeal is based on procedural irregularity, new evidence and/or bias/conflict of interest grounds, the Appellate Officer may affirm a finding of responsibility or return the matter to a Hearing Board and/or Title IX Coordinator for further proceedings consistent with the appeal decision. Where an appeal challenges sanctions, the Appellate Officer may affirm, increase, decrease, or modify the sanctions. Appeal decisions will be sent to the parties simultaneously. The decision of the Appellate Officer is final in all cases.

Absent extenuating circumstances, appeals will ordinarily be decided within 30 College Days of the appellate officer’s receipt of the appeal.

Informal Resolution of Title IX Sexual Harassment Cases

At any time prior to reaching a determination regarding responsibility, the College may facilitate an informal resolution process (e.g., mediation) of a Title IX Sexual Harassment case, where requested by a party and agreed to by both parties. If a party requests the initiation of an informal resolution process and the Title IX Coordinator agrees that the matter is appropriate for informal resolution, the College will provide to each party a written notice that discloses:

The allegations;
The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations-
- The College generally permits parties to withdraw from the informal resolution process and initiate or re-initiate a formal investigation and hearing process at any time before the informal resolution process is completed and any informal resolution is agreed to in writing by the parties); and
Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

All parties and the Title IX Coordinator must agree to informal resolution for this option to be used. The Title IX Coordinator will assess the request for informal resolution in light of factors such as, but not limited to, the severity of the alleged violation and the potential risks to campus community members posed by the reported misconduct. The College will only proceed with an informal resolution process if both parties provide their voluntary, written consent to have the matter resolved through the informal resolution process.

Informal resolution options (e.g., mediation, restorative practices, or other alternate resolution methods) will be offered as deemed appropriate by the College and will be employed as agreed upon by the parties.

The matter will be deemed resolved if and when the parties expressly agree in writing to an outcome that is acceptable to them and which is approved by the Title IX Coordinator (in consultation with other College administrators as deemed necessary). A party may withdraw from the informal resolution process at any time prior to their execution of a written informal resolution agreement. After an informal resolution is agreed to in writing between the parties, neither party may initiate a formal resolution process regarding the same factual allegations.
At any time before a matter is resolved through informal resolution, the Title IX Coordinator may terminate an informal resolution process and initiate or re-initiate a formal investigation and resolution process at any time, as they deem appropriate in their discretion.

Steps in Investigating and Resolving Non-Title IX Prohibited Conduct
The following steps apply exclusively to the investigation and resolution of reports of conduct that, if proved, would constitute Prohibited Conduct under this policy but that would not fall within the definition of Title IX Sexual Harassment provided above.

Investigating the Complaint

Following the initial meeting between the complainant and the Title IX Coordinator, the complaint will be investigated by the Title IX Coordinator. If the complainant has declined to proceed with the complaint process, then the matter will be pursued only after consideration of the factors set forth in Section B.2 Conducting the Initial Assessment of this policy. The purpose of this investigation is to determine whether good cause exists to proceed with either informal or formal resolution of the complaint and shall be completed within thirty (30) College Days. Failure to comply with the investigator’s requests may result in disciplinary action.

Notification of the Respondent
A respondent will be notified when the College seeks action that would impact a respondent, such as protective measures that restrict the respondent’s movement on campus, the initiation of an investigation or the decision to involve the respondent in the informal resolution process.

The Title IX Coordinator shall notify the respondent, in writing, of the complaint, advise the respondent of the need for confidentiality, and instruct the respondent to not engage in any retaliatory behavior. The notice to the respondent will also include a summary of the allegations, the possible sanctions, and a brief description of the facts presented to support the allegations. For all allegations which could result in dismissal, the notice will include this possibility and will specify that dismissal prevents any future readmission to the College.

Both the complainant and the respondent will be given a copy of this policy.

Both the complainant and the respondent may provide information relevant to the complaint, including the names of any witnesses, to the Title IX Coordinator. In addition to interviewing the complainant and the respondent, the investigator will make reasonable attempts to contact and interview all of the individuals who are identified as witnesses with information relevant to the allegations of harassment or sexual misconduct.

The Title IX Coordinator’s investigation will determine whether there is good cause to proceed to informal or formal resolution of the complaint. In order to make this determination, the investigator shall consider the record as a whole, including the nature of the alleged conduct and the context in which it occurred, and determine whether it is more likely than not that this policy has been violated.

The Title IX Coordinator will promptly investigate and prepare a confidential investigation report within thirty (30) College Days of receiving the complaint, unless an extension of time is necessary in order to conduct a thorough and accurate investigation. If an extension of time is required, the Title IX Coordinator will provide written notification of the revised date for completing the investigation concurrently to both parties.

Preponderance of The Evidence Standard

In the event that the investigation report concludes that it is more likely than not that this policy has been violated, the complainant may proceed with either informal resolution or formal resolution. The Title IX Coordinator will provide information regarding these processes to the complainant. In the event that the complainant elects not to move forward with the complaint at this stage, the College reserves the right to pursue the complaint in accordance with the formal resolution process.

Finding of No Preponderance of The Evidence Standard

In the event that the investigation report concludes that it is not more likely than not that this policy has been violated, the complaint will be dismissed. The complainant may, however, appeal the determination of no good cause to the College President. A complainant who wishes to file an appeal must file a petition no later than ten (10) College Days from delivery of the complainant of the investigation report. An appeal petition shall consist of a detailed written statement specifying the precise grounds for appeal and indicating with precision the supporting facts, and shall be signed by the complainant.

The College President will consider the appeal petition and the investigation report to determine whether the original complaint is supported by the preponderance of the evidence standard within five (5) College Days of receiving the appeal petition. If the College President concludes that it is more likely than not that this policy has been violated, the President will inform both parties concurrently in writing of their decision, with a copy to the Title IX Coordinator. The Title IX Coordinator will then meet with the complainant to discuss the complainant’s options for pursuing their complaint. Alternatively, if the President concurs with the Title IX Coordinator’s determination that the complaint is not supported by the Preponderance of The Evidence Standard, the complaint will be dismissed, and no further action will be taken with respect to the complaint. The decision of the College President regarding whether a complaint demonstrates good cause is final and is not subject to appeal.

Resolution Process

Informal Resolution Procedure
Informal resolution is a process through which a complaint may be resolved promptly and discreetly, through communication, education and/or mutual agreement.

Participating in the informal resolution process is optional and voluntary by the parties. The parties can end the informal process at any time and stop the proceedings or begin the formal resolution process. The goal of informal resolution is to resolve concerns at the earliest stage possible, with the cooperation of the parties involved.

The Title IX Coordinator will meet separately with both the complainant and the respondent to gather any additional information regarding the conduct alleged. The Title IX Coordinator will identify and recommend an appropriate sanction to address the respondent’s conduct. The proposed finding of responsibility and sanction recommendation will be concurrently communicated in writing to both the complainant and the respondent. The complainant and the respondent will then have the opportunity to either accept or reject the proposed resolution.
If the matter is resolved informally to the satisfaction of all parties, the parties will document their acceptance in writing, and the informal resolution process will terminate, the sanctions (if any) will be imposed, and no further appeal shall be available to either party. The Title IX Coordinator will maintain a record of the complaint and its resolution.
If either party rejects the proposed resolution, the informal resolution process will terminate, and the complainant or the College will have the right to pursue the complaint through the formal resolution process. Upon the conclusion of the informal resolution process, the Title IX Coordinator will meet with the complainant to advise the complainant regarding the formal resolution process. If the complainant chooses to pursue the formal resolution process, they shall notify the Title IX Coordinator of this intention within five (5) College Days of terminating the informal resolution process. The College reserves the right to pursue the complaint in the event that the complainant declines to take further action.

In the interim between the conclusion of the informal resolution and the initiation of the formal resolution processes, the Title IX Coordinator may implement or extend interim protective measures, as appropriate.