ÁñÁ«ÊÓƵ Title IX Policy
ÁñÁ«ÊÓƵ Title IX Policy and Subsections
- Introduction
- Overview of College Procedure
- Definitions
- Jurisdiction
- Filing a Formal Complaint
- Procedural Options
- Advisors to the Parties
- Timing of Complaints and Availability of Procedures
- Privacy and Non-Retaliation
- False Reports and Statements
- Protection for Possible Incidental Conduct Violations Connected to Report of Sexual Harassment
- Reporting to Law Enforcement and Criminal Proceedings
- Timeframes under this Policy
- The Process: Initial Steps
- Intake Meeting with Complainant
- Notice to the Parties
- Intake Meeting with Respondent
- Complainant Does Not Wish to Pursue Resolution or Requests Confidentiality
- Formal Complaints Signed by the Title IX Coordinator
- Consolidation of Formal Complaints
- Supportive Measures
- Emergency Leave
- Administrative Leave
- Withholding of a Degree
- Dismissal of Formal Complaint
- Formal Resolution
- Appeals
- Alternative Resolution
- Records and Training Materials
- Policy Interpretation and Amendments
Preamble
ÁñÁ«ÊÓƵ prohibits all forms of sex or gender discrimination and/or harassment, and all forms of sexual misconduct, as set forth in the Student Code of Community Standards, Faculty Handbook, and Employee Handbook.
The College is committed to fostering an environment free from gender-based discrimination and harassment, including sexual assault and all other forms of gender-based misconduct. The Title IX Policy reflects the College’s commitment to a safe and nondiscriminatory educational environment, consistent with: Title IX of the Education Amendments of 1972, 20 USC 1681 et seq. (“Title IX”); the Violence Against Women Act (“VAWA”); the Maine Human Rights Act: and Maine’s Interpersonal Violence law (20-A M.R.S.A. §12981 et seq). Where contradiction exists between Title IX and state law, Title IX shall govern.
The College’s primary concern is the health, safety, and well-being of the members of our college community. Any member of the community who may have experienced gender or sex discrimination or harassment—including sexual harassment— is strongly urged to seek immediate assistance from the appropriate community resource (found below) and to report the matter to the Title IX Coordinator.
The definition of “sexual harassment” under Title IX includes: (1) quid pro quo harassment by an employee (i.e., granting a favor or advantage to someone in exchange for a sexual act(s) or activities); (2) unwelcome conduct that a reasonable person would consider so severe, pervasive, and objectively offensive as to deny the victim equal access to a ÁñÁ«ÊÓƵ education program or activity; or (3) sexual assault, dating violence, domestic violence or stalking.
The College is also committed to supporting students and employees accused of gender-based misconduct who go through the disciplinary process. Community members are urged to report concerns regarding all forms of discrimination and harassment to the Office of Institutional Equity and Compliance.
Students, faculty, staff, and visitors to the College are strongly urged to contact the Title IX Coordinator, Katherine O’Grady, as soon as reasonably possible to report any Sexual Harassment or sexual misconduct or to file a Formal Complaint. Katherine can be reached at (207) 725-3493 or by e-mail at kogrady@bowdoin.edu.
Reports may also be made . Those reports may be made anonymously. If contact information is not provided, it does limit the College’s ability to respond to a report. Please be aware that the report will be used for statistical purposes.
The Title IX Office is available to help connect students, faculty, and staff to the resources available on campus and in the community, including assistance with law enforcement, as well as explaining the processes available through this Policy.
Reports may also be made to one of the following Deputy Title IX Coordinators:
Deputy Title IX Coordinator for Faculty
Resources
Individuals concerned about their immediate safety should first contact the emergency resources noted below. Assistance from the following resources can be obtained twenty-four hours a day, seven days a week, regardless of whether ÁñÁ«ÊÓƵ is in session:
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ÁñÁ«ÊÓƵ Office of Safety and Security: x3500 or (207) 725-3500
Safety and Security can provide students transportation to and from any of the Brunswick-area, off-campus resources listed below.
Brunswick Police Department: 911 or (207) 725-6620
Sexual Assault Support Services of Midcoast Maine (SASSMM): (800) 871-7741
SASSMM is a local sexual assault resource center that offers the following services:
- Free, private 24-hour Helpline.
- Advocates to provide emotional support, information, resources, and make referrals. Students and Employee may talk to an advocate one-on-one or bring a supporter.
- Guidance on obtaining medical care at a hospital emergency department with specially trained forensic nurses are available to check for and treat injuries, offer preventative care, and collect evidence. Evidence collection may be collected anonymously. Individuals can receive care for sexually transmitted infections and/or pregnancy prevention.
- Support in contacting and reporting to law enforcement.
- Support through a criminal or civil court process, information about legal resources like Protection From Abuse (PFA) orders and referrals to legal services and at court.
Through These Doors: (866) 834-4357
- Through These Doors is a domestic violence resource center that offers the following services.
- Free, private 24-hour Helpline.
- Emergency shelter for people fleeing abuse and violence.
- Transitional services.
- Support and education groups.
- Safety planning.
- Advocacy, support, and assistance with legal matters, including Protection from Abuse Orders.
Mid Coast Hospital: 911 or (207) 729-0181
In addition to the Title IX Office, the following resources are available:
Confidential and Privileged Campus Resources
Certain College employees are confidential and privileged resources, meaning these staff members are not legally permitted to release any information shared with them except under limited circumstances that pose an imminent danger to the individual or others or as otherwise required by law, such as disclosure of sexual abuse of a minor.
- Rachel Reinke, Ph.D., resources specialist & confidential resources advisor ("CRA") *
- Clinicians in Counseling Services: 207-725-3145^
- Clinicians in Health Services: 207-725-3770^
*The CRA is available for students, faculty, and staff.
^Counseling and Health Services are student-only services.
Non-Reporting Resources on Campus for Students
There are three ÁñÁ«ÊÓƵ staff members to whom reports of Sexual Harassment regarding students may be made, and who will not disclose reports to the Title IX Coordinator. Although these individuals do not have statutory privilege, they will hold information private and confidential except under limited circumstances where the information shared indicates an imminent danger to the individual or others, or as otherwise required by law.
- Oliver Goodrich, M.Ed., director of the Rachel Lord Center for Religious and Spiritual Life
- Jasmine Ross, interim program manager, Center for Multicultural Life
- Natalie Turrin, Ph.D., director of the Center for Sexuality, Women, and Gender (SWAG)
I. Introduction
A. Overview of College Procedure
Sexual Harassment will not be tolerated at the College. As a recipient of federal funds, the College is required to and does comply with Title IX, which prohibits discrimination on the basis of sex in education programs and activities. Sexual Harassment, as defined by Title IX, is a form of discrimination prohibited by Title IX. This policy also complies with state law, 20-A M.R.S.A. §§12981 et seq., which governs sexual violence, intimate partner violence, and stalking.
Matters alleging gender-based discrimination or harassment that do not meet the definition of Sexual Harassment under Title IX are likewise prohibited and shall be governed by either the Employee Freedom from Discrimination and Harassment policy or the Student Code of Conduct.
The College offers alternative processes to resolve Formal Complaints of Sexual Harassment (except, as described below, in the case of Formal Complaints involving a Student and an Employee as defined by this policy). These processes are designed to provide prompt, fair, and impartial resolution of Formal Complaints as well as an opportunity for parties to present their versions of the incident and to understand the nature of the incident and its effects on each party and on the College community. The two methods of resolution differ in their procedures and potential results. In all instances, the timeline for resolution of Formal Complaints moves as expeditiously as is possible. All procedures in this policy shall be uniformly applied.
B. Definitions
“Coercion” means the improper use of pressure to compel another to engage in or continue sexual activity against their will, including duress, cajoling, manipulation, and blackmail. Coercion occurs when a Respondent keeps pressuring the Complainant to acquiesce to sexual activity even after the Complainant has made clear that the pressure is unwelcome.
“Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment under Title IX or that otherwise constitutes sexual misconduct or Interpersonal Violence. Pursuant to Title IX, a Complainant must be a Student, Employee or third party who is participating or is attempting to participate in a ÁñÁ«ÊÓƵ Education Program or Activity at the time of filing the Formal Complaint. Complainant also includes a “Reporting Party” under 20-A M.R.S.A. § 12981(6).
“Confidential Resource Advisor” is a specifically-designated ÁñÁ«ÊÓƵ staff member who is authorized to offer privileged and confidential conversations and services related to sexual misconduct, intimate partner violence/abuse, and stalking for students and employees at ÁñÁ«ÊÓƵ. The CRA will not disclose confidential information without the prior written consent of the party who shared that information and the CRA is not obligated to report occurrences to the Campus Title IX Coordinator, except that the CRA may be required to act when there is a concern for immediate safety or in the case of a report of abuse involving minors.
“Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual abuse, physical abuse, emotional violence, or the threat of such violence and does not include acts that meet the definition of “Domestic Violence.”
“Dean for Student Affairs” means the Senior Vice President and Dean for Student Affairs or their designee.
“Dean of Students” means the Dean of Students or their designee.
“Decision Makers” means the Hearing Officer, who determines responsibility, and the sanctioning decision makers: the Dean of Students in Student Respondent cases); the Senior Vice President and Dean for Academic Affairs, in consultation with the Vice President of Human Resources (in faculty Respondent cases); or the appropriate Senior Officer, in consultation with the Vice President of Human Resources (in staff Respondent cases).
“Domestic Violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Maine, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Maine. In Maine, this includes the following crimes: Domestic violence assault (17-A M.R.S.A. § 207-A), Domestic violence criminal threatening (17-A M.R.S.A. § 209-A), Domestic violence threatening (17-A M.R.S.A. § 210-B), Domestic violence stalking (17-A M.R.S.A. § 210-C), and Domestic violence reckless conduct (17-A M.R.S.A. § 211-A).
“Education Program or Activity” means locations, events, or circumstances over which the College exercised substantial control over both the Respondent and the context in which alleged Sexual Harassment occurred and includes any buildings owned or controlled by a student organization that is officially recognized by the College.
“Effective Consent” means words or actions that show a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Effective Consent cannot be gained by Force, by ignoring or acting in spite of the objections of another, or by taking advantage of the Incapacitation or Intoxication of another, where the Respondent knows or reasonably should have known of such Incapacitation or Intoxication. Consent does not include silence, lack of resistance or consent given while intoxicated. The use of alcohol or other drugs will never function to excuse behavior that violates this Policy. Effective Consent is also absent when the activity in question exceeds the scope of Effective Consent previously given, including where consent was given to certain sexual activity under certain conditions (for example, with the use of a barrier method of birth control) and the activity in question violates any such conditions. In addition, certain states have designated a minimum age under which a person cannot give Effective Consent.
“Employee” means, for purposes of this policy, a staff or faculty member employed in the College’s Education Programs or Activities. This definition includes casual employees and visiting faculty. Depending on the circumstances, a Student who is employed by the College may be considered an “Employee” for purposes of this policy.
“Expert Witness” means any individual who has expertise, training, or special knowledge that is relevant to the specific details of a Complaint of Sexual Harassment.
“Final Outcome Letter” means the letter issued by the Hearing Officer stating their decision and setting forth: the name of the Respondent; the allegations potentially constituting Sexual Harassment; a description of the procedural steps taken from the filing of the Formal Complaint, including notifications to the parties, interviews with the parties and witnesses and all steps and methods used to gather evidence and hearings held; findings of fact supporting the determination, conclusions regarding the application of this policy to the facts, including a statement of, and rationale for, the result as to each allegation, and a determination regarding responsibility, any disciplinary sanctions the College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the College’s Education Programs and Activities will be provided to the Complainant; and the College’s procedure and bases for the parties to appeal.
“Force” means physical force, violence, threat, intimidation, or coercion.
“Formal Complaint” means the document filed by the Complainant or signed by the Title IX Coordinator or their designee alleging Sexual Harassment against a respondent and requesting the College investigate the allegation. The Formal Complaint must be made in writing and it must contain the Complainant’s physical or digital signature, (or otherwise indicates that the Complainant is the individual filing the Formal Complaint). At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the College. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information provided in this policy.
“Hazing” means behavior or actions as defined by the Campus Hazing Policy. A report of hazing that involves sexual misconduct may be referred to an investigation under the Title IX Policy.
“Hearing Officer” means the external, neutral person hired by ÁñÁ«ÊÓƵ to preside over and conduct the live hearing following the submission of the Investigative Report and to make a determination of responsibility. The Hearing Officer will receive not less than annual training, including regarding Title IX and as required under 20-A M.R.S.A. § 12982(3)(G)(2).
“Incapacitation” means the physical and/or mental inability to make informed, rational judgments. States of Incapacitation include, without limitation, sleep, blackouts, and flashbacks. Where alcohol or another drug is involved, Incapacitation is determined by how the alcohol or other drug consumed impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments, such as where a person is intoxicated and experiences a “substantial impairment” of their mental or physical faculties as a result of drug or liquor use (28-A M.R.S.A. § 2503(2)).
“Intimate Partner Violence” as defined by 20-A M.R.S.A. § 12981(5) means acts of physical or psychological violence by an individual in a social relationship with another individual of an intimate nature, regardless of whether the individuals were or are sexual partners. It can include, but is not limited to: attempting to cause or causing bodily injury or offensive physical contact, including sexual assaults; attempting to place or placing another in fear of bodily injury through any course of conduct, including, but not limited to, threatening, harassing or tormenting behavior; compelling a person by force, threat of force or intimidation to engage in conduct from which the person has a right or privilege to abstain or to abstain from conduct in which the person has a right to engage.
“Interpersonal Violence” means Intimate Partner Violence, Stalking and/or Sexual Violence as they are defined in 20-A M.R.S.A. § 12981.
“Investigative Report” means the report submitted by the Investigator. The Investigative Report includes a summary of all relevant evidence.
“Investigator” means the external, neutral individual hired by ÁñÁ«ÊÓƵ to investigate the allegations of the Formal Complaint. The Investigator will receive not less than annual training, including regarding Title IX and as required under 20-A M.R.S.A. § 12982(3)(G)(2).
“Quid Pro Quo Harassment” means: an employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
“Report of Sexual Harassment” means communication to the Title IX Coordinator(s) or other Responsible Employee of a possible violation of this Policy.
“Respondent” means the individual who is reported to be the perpetrator of conduct that could constitute Sexual Harassment under Title IX or sexual misconduct or Interpersonal Violence. Pursuant to Title IX, any individual may be a Respondent, whether they are a Student, Employee or third party, so long as the alleged activity occurred within a ÁñÁ«ÊÓƵ Education Program or Activity against a person in the United States. Respondent also includes a “Responding Party” under 20-A M.R.S.A. § 12981(7).
“Responsible Employee” means any ÁñÁ«ÊÓƵ employee: who has the authority to take action to redress Sexual Harassment; who has been given the duty of reporting incidents of Sexual Harassment to the Title IX Coordinator or other appropriate College designee; or who a Student or Employee could reasonably believe has this authority or duty. This includes but is not limited to faculty, academic support staff, security personnel, coaches, residential life student and professional staff, deans, and other College administrators. This excludes non-reporting and privileged resources listed above.
“Sexual Assault” means an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, as set forth below.
- Sex offenses, forcible: Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.
- Forcible rape (except Statutory rape): The carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of their temporary or mental or physical incapacity.
- Forcible sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent mental or physical incapacity.
- Sexual assault with an object: To use an object or instrument to unlawfully penetrate, however, slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent mental or physical incapacity.
- Forcible fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of their youth or because of their temporary or permanent mental or physical incapacity.
- Sex offenses, Nonforcible: Unlawful, nonforcible sexual intercourse, including incest and statutory rape.
- Incest: Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: Non-Forcible sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.
“Sexual Harassment” means unwelcome conduct on the basis of sex that satisfies one or more of the following: (1) Quid Pro Quo Harassment by an employee; (2) unwelcome conduct that a reasonable person would consider so severe, pervasive and objectively offensive as to deny the victim equal access to the College’s Education Program or Activity; or (3) Sexual Assault, Dating Violence, Domestic Violence or Stalking. Under state law, sexual harassment can also include verbal or physical conduct of a sexual nature directed at a specific person, including, but not limited to, unwelcome sexual advances; sexually suggestive remarks or actions; unwanted hugs, touches or kisses; and requests for sexual favors. "Sexual harassment" includes retaliation for communicating about or filing a complaint of sexual harassment.
“Sexual Violence” means any crime defined under Maine state law, , including but not limited to, unauthorized dissemination of certain private images and aggravated sex trafficking, sex trafficking and sexual harassment as defined under state law.
“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. Examples of stalking may include: unwanted, intrusive, and frightening or otherwise emotionally distressing communications by phone, mail, and/or email; repeatedly leaving or sending unwanted items such as gifts; following or waiting for a person at places such as home, school, or work; making direct or indirect threats of harm to a person, or to the person’s children, relatives, friends, or pets; damaging or threatening to damage property; harassment through the Internet or social media; and posting information or spreading rumors about a person. Stalking also includes conduct that constitutes a state crime as defined by 17-A M.R.S.A §210-A.
“Student” includes, for purposes of this policy, all persons who are enrolled students, including those engaged in study away programs, or whose degrees have been deferred, and any individual on a leave from the College (including medical, personal, disciplinary, or academic leaves). Individuals who have been permanently separated from the College are not enrolled students.
“Supportive Measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent following a Report or before or after the filing of a Formal Complaint. Supportive measures may include changes in academic status, dining, housing, transportation or campus employment; access to counseling and other mental health services; excused absences, academic counseling and tutoring; temporary academic course and/or on-campus work accommodations.
“Title IX Coordinator” means the trained administrator designated to oversee the College’s compliance with Title IX and assist the parties with the process. A Deputy Title IX Coordinator is a trained administrator or staff person designated to assist with Title IX compliance and the implementation of this Policy.
“Witness” means any individual who can attest firsthand to information related to a Formal Complaint of Sexual Harassment.
C. Jurisdiction
This Policy applies to allegations of Sexual Harassment by a Complainant who is a Student, Employee, or third party participating or attempting to participate in a ÁñÁ«ÊÓƵ Education Program or Activity at the time of filing a Formal Complaint against any individual, where the conduct is alleged to have occurred within a ÁñÁ«ÊÓƵ Education Program or Activity against a person within the United States.
Cases of sexual misconduct or Interpersonal Violence that may not meet the regulatory definitions of Title IX may nevertheless violate College policy, including, but not limited to, the Code of Community Standards and/or the Employee Freedom from Discrimination and Harassment Policy.
Such cases will be evaluated and, as appropriate, handled as a violation of the Code of Community Standards and/or a violation of the Employee Freedom from Discrimination and Harassment Policy. Matters involving ÁñÁ«ÊÓƵ students or employees engaged in alleged misconduct that otherwise meets the definition of “Sexual Harassment” under ÁñÁ«ÊÓƵ’s Title IX Policy or constitute Interpersonal Violence, shall be addressed using the procedures set forth in this Title IX Policy.
D. Filing a Formal Complaint
A Complainant may file a Formal Complaint with the Title IX Coordinator in writing in person, by mail or electronically. The Formal Complaint must bear the Complainant’s physical or digital signature (or otherwise indicate that the Complainant is the filer) and must include information, which need not be extensive, about the alleged violation(s) and a request that the College investigate.
E. Procedural Options
The College has established two procedures to address cases of alleged Sexual Harassment based on the filing of a Formal Complaint: Formal and Alternative Resolution. Details of these procedures and the associated parameters regarding their use are outlined below.
F. Advisors to the Parties
Both the Complainant and the Respondent are entitled to have an advisor of their choice, who may be an attorney, present during any part of the process outlined in this Policy. The advisor’s role and scope of their participation is set forth in further detail below and the Hearing Officer may, in their discretion, provide a hearing guide with additional information regarding the Advisor’s role at the Hearing.
G. Timing of Complaints and Availability of Procedures
If a Formal Complaint, as defined by this Policy, falls within the scope of this Policy, there is no time limit associated with invoking this Policy. Nevertheless, Students and Employees are encouraged to report alleged Sexual Harassment immediately in order to maximize the College’s ability to obtain evidence and conduct a thorough, impartial, and reliable investigation. Failure to promptly report alleged Sexual Harassment may result in the loss of relevant evidence or the inability to obtain Witness testimony.
H. Privacy and Non-Retaliation
Information shared in the context of a Title IX report, Formal Complaint or proceeding is private and should not be shared beyond those who are approved to review it (such as a party and their advisor). In particular, proceedings such as meetings, interviews and hearings are private and closed, meaning only the approved participants may attend or access those proceedings. These expectations of privacy do not limit a party’s ability to speak about the matter in order to prepare for a proceeding or for their own emotional support.
Additionally, neither the College nor any person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or Formal Complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding or hearing under this Policy. To do so constitutes a violation of this policy and may result in disciplinary action. Retaliation should be reported promptly to the Title IX Coordinator.
I. False Reports and Statements
College students who provide information as part of an investigation, whether as parties to the proceedings or as Witnesses, are expected to be truthful in accordance with the College's Code of Community Standards, including the Academic Honor Code and Social Code. Making false reports or materially false statements is prohibited and may result in the initiation of a case with the Conduct Review Board or administrative resolution by a Dean.
Employees who provide information as part of an investigation, whether as parties to the proceedings or as Witnesses, are also expected to be truthful and may face disciplinary action, pursuant to ÁñÁ«ÊÓƵ Human Resources Policy if found to have made false reports or materially false statements.
J. Protection for Possible Incidental Conduct Violations Connected to Report of Sexual Harassment
The College encourages reporting Sexual Harassment in all cases. Students who report Sexual Harassment or provide testimony as to an incident of Sexual Harassment will generally not be held responsible for actions connected to the reported incident, that might constitute a violation of the Code of Community Standards, as long as their actions did not put another individual or the community at risk.
K. Reporting to Law Enforcement and Criminal Proceedings
Sexual Harassment may constitute both a violation of this Policy and criminal activity, and ÁñÁ«ÊÓƵ encourages Students and Employees to report alleged Sexual Harassment promptly to local law enforcement agencies, should they so choose. Students and Employees may notify or decline to notify law enforcement or campus Safety and Security of instances of Sexual Harassment, sexual misconduct or Interpersonal Violence. The filing of a Formal Complaint of Sexual Harassment under this Policy and the initiation of a criminal proceeding may be pursued simultaneously. The filing of a Formal Complaint under this Policy is independent of any criminal investigation or proceeding (except that the College’s investigation may be delayed temporarily if law enforcement requests a delay to gather evidence). The College’s Title IX process is not a substitute for the criminal justice system. Although protection orders are enforced by law enforcement and the courts, to the extent a Student or Employee obtains a protection order they should notify the Title IX Coordinator.
L. Timeframes under this Policy
The timeframes set forth in this Policy may be temporarily delayed or extended by the College for good cause with written notice and explanation to the Complainant and Respondent of the delay. Good cause may include various considerations, such as the absence of a party, a party’s advisor or a witness, concurrent law enforcement activity or the need for accommodations for a participant in the process.
II: The Process: Initial Steps
A. Intake Meeting with Complainant
Upon receipt of notice of any Report of Sexual Harassment, the Title IX Coordinator will schedule an individual Intake Meeting with the Complainant, if identified, in order to explain the procedures available under this Policy and to discuss potential Supportive Measures. The Title IX Coordinator will seek to determine how the Complainant wishes to proceed, i.e., whether the Complainant wishes to pursue Formal Resolution or Alternative Resolution or does not wish to pursue resolution of any kind. If the Complainant wishes to proceed with either Formal or Alternative Resolution, the Complainant will prepare a Formal Complaint and file it with the Title IX Coordinator. The Title IX Coordinator will provide the Complainant with a copy of or a link to this Policy which includes information regarding the submission and consideration of evidence that may be used during the proceedings, if any.
B. Notice to the Parties
The Title IX Coordinator will provide the parties written notice of the Formal Complaint and the allegations of Sexual Harassment. The notice will include:
- Information regarding procedures available under this Policy, including the availability of Alternative Resolution.
- Sufficient details known at the time (including identities of parties, if known; the conduct alleged; and the date and location of the alleged incident, if known), with sufficient time to prepare before any initial interview (no less than five days).
- A statement that, as required by Title IX, the Respondent is presumed not responsible for the alleged conduct unless and until determined to be responsible at the conclusion of the process;
- Notice that the parties may have an advisor of their choice, who may be an attorney; and that the parties may inspect and review evidence;
- Notice of provisions in an applicable code of conduct or policy that prohibits knowingly making false statements or submitting false information during the process;
- Notice that the College, not either party, has the burden of gathering evidence and the burden of proof; and
- The name of the investigator, with sufficient time (no less than five calendar days) prior to any interview to raise concerns of conflict of interest or bias.
C. Intake Meeting with Respondent
After a Formal Complaint is filed, the Title IX Coordinator will schedule an individual Intake Meeting with the Respondent in order to explain the processes under this Policy and to discuss potential Supportive Measures. The Title IX Coordinator will provide the Respondent with a copy of or a link to this Policy which includes information regarding the submission and consideration of evidence that may be used during the proceedings.
If the Complainant wishes to proceed with Alternative Resolution, and such a resolution process is otherwise permitted under this Policy, as set forth below in Section VI, the Title IX Coordinator will discuss with the Respondent whether they agree to resolve the matter by Alternative Resolution.
D. Complainant Does Not Wish to Pursue Resolution or Requests Confidentiality
If the Complainant does not wish to pursue Formal or Alternative Resolution and/or requests that the Report of Sexual Harassment remain confidential, that request shall be confirmed, in writing, with the Title IX Coordinator. The College will evaluate the Complainant’s request(s) for confidentiality or no action in the context of the College’s commitment to provide a safe and non-discriminatory environment for all students. The Title IX Coordinator will inform the Complainant if the College must move forward with an investigation because the safety of a student or students or the College community is in question, and therefore cannot ensure confidentiality. In such instances, the Title IX Coordinator will sign a Formal Complaint to initiate an investigation pursuant to this Policy, as described below in Section II(E)
E. Formal Complaints Signed by the Title IX Coordinator
In rare cases where the Title IX Coordinator determines that the specific circumstances warrant pursuing a Formal Complaint (such as when the alleged Respondent has been found responsible for previous Sexual Harassment or there may be a safety threat to the College community), the Title IX Coor