Title IX: Adjudication of Violations

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The College’s prohibition against discriminatory harassment on the basis of sex applies to current students, employees, and contracted employees. Should there be a report of discriminatory harassment on the basis of sex from an employee of the College, the Title IX Coordinator may confer with a representative from Human Resources regarding investigative steps, any immediate action, and/or subsequent sanctioning.

Title IX and the Federal Definition of Sexual Harassment

The U.S. Department of Education mandates that Title IX applies to persons in the United States and that the College must respond when federally defined sexual harassment occurs in the College’s education program or activity in the United States. The federal regulation is explicit that “education program or activity” includes locations, events, or circumstances wherein the College had substantial control over both the respondent and the context in which the alleged sexual harassment took place.

Federal regulations permit an institution to investigate and issue disciplinary sanctions for conduct that falls outside the scope of “educational program or activity.” When a report of sexual harassment is received but does not meet the criteria of the federal definition, the institution must dismiss this report from Title IX. However, the College utilizes its discretionary privilege in prohibiting conduct that is not encompassed within the federal definition or scope of Title IX-protected sexual harassment. The College’s policies and procedures for such are detailed in  Appendix A.

The College will proceed with the following grievance procedures, depending on the nature of the alleged conduct as well as the the status of the accused individual. 

Appendix A: Grievance Procedures for Conduct Meeting the College’s Standards for Prohibited Conduct on the Basis of Sex Against a Student, Faculty Member, Staff Member, College Employee, Volunteer, Vendor or Third-Party Contracted Employee

Should a member of the College Community feel that they have been a victim of sex-based discrimination as defined by the College, the College will follow the below grievance procedure:

1. Report of incident is received by a Title IX Coordinator
2. A Title IX Coordinator meets with the complainant to discuss available resources and supportive measures. The complainant does not need to move forward with a formal complaint to receive such, as long as the supportive measures are not punitive toward the respondent.
3. A  Title IX Coordinator will provide the opportunity for the complainant to sign and submit a formal complaint, which triggers an institutional investigation into the incident.
   1. If the complainant does not wish to sign a formal complaint, there are limited circumstances in which a Title IX Coordinator will sign the formal complaint. The College strives to empower complainants to make their own choices regarding investigations into the reported incidents. However, should there be a larger threat to the College Community present or should the respondent have other complaints associated with them, a Title IX Coordinator may sign the formal complaint even if the complainant does not wish to move forward with an institutional investigation.
4. Once a signed formal complaint is received, a Title IX Coordinator will notify both the complainant and the respondent in writing of the nature of the complaint and sufficient details surrounding the reported incident.
   1. This notice will be explicit that the respondent is always assumed to be not in violation of the College’s policy.
   2. This notice will contain institutional policy regarding Misrepresentation Violations.
5. A Title IX Coordinator will initiate contact with the respondent to offer resources and supportive measures.
6. Both parties will be notified that they are entitled to an advisor of choice during the investigative proceedings as well as the hearing. This advisor is not permitted to speak during interview sessions, but may request a short, five-minute break to consult with their respective party.
7. Two investigators will be assigned to the case. For the majority of reports, the College will utilize third-party investigators. The investigators will gather evidence and both parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.   
8. Once the investigators have conducted all interviews and compiled a draft report, a Title IX Coordinator will share a water-marked copy of the report as well as all related evidence to both parties as well as their advisors. Each party will have 10 days to respond to the evidence. Their response can include, but is not limited to, requests to follow-up with certain witnesses, additional comments on their individual interview write-up, or submitting additional evidence.
9. The investigators will integrate any responses from the parties into their investigative report and will create a summary of relevant evidence. The investigative report and evidentiary summary combined is considered the finalized report. This finalized report will be shared with both parties and each will be granted 10 days to respond. This response is not an opportunity to request additional follow-up but does provide both parties a chance to submit a written response to the report.
10. A Title IX Coordinator will schedule the hearing to take place at least 10 days after the final report has been shared with both parties and their advisors. This hearing will include both parties, their advisors of choice, a hearing board comprised of staff and student representation, and any relevant witnesses. Should either party wish to conduct the hearing remotely, the College will accommodate this request and the hearing will take place utilizing Zoom.
11. During the hearing, the members of the hearing board will ask questions to either party during the hearing. Additionally, each party and/or their advisor may submit questions to be asked during the hearing. The party or advisor should submit questions at least 24 hours ahead of the hearing to the Title IX Coordinator. At the end of the questioning, the hearing board will provide each party and their advisor an opportunity to pose any additional questions to the hearing board members. If the question is determined by the hearing board to be relevant, a hearing board member will pose the question to the applicable party.
12. After all questioning has taken place, which can include questioning of witnesses, the hearing board will deliberate on (1) whether or not the policy violation occurred and (2) any sanctions that should be issued if applicable. The hearing board will issue a determination of responsibility within five days of the hearing.
13. A Title IX Coordinator will meet with both the complainant and the respondent to review the findings of the investigation and subsequent hearing. A Title IX Coordinator will also review the Appeal Process available to either party.

A Title IX Coordinator will issue written statements to both parties detailing the findings of the investigation and any sanctions that were issued. The complainant will not receive specific information on the sanctions issued unless they are directly related to the complainant.

Appendix B: Grievance Procedures for Conduct Meeting the Federal Definition of Sexual Harassment Alleged Against a Student, Faculty Member, Staff Member, or College Employee

Should a member of the College Community feel that they have been a victim of sexual harassment as defined by the federal government, the College will follow the below grievance procedure:

1. Report of incident is received by a Title IX Coordinator
2. A Title IX Coordinator meets with the complainant to discuss available resources and supportive measures. The complainant does not need to move forward with a formal complaint to receive such, as long as the supportive measures are not punitive toward the respondent.
3. A  Title IX Coordinator will provide the opportunity for the complainant to sign and submit a formal complaint, which triggers an institutional investigation into the incident.
   1. If the complainant does not wish to sign a formal complaint, there are limited circumstances in which a Title IX Coordinator will sign the formal complaint. The College strives to empower complainants to make their own choices regarding investigations into the reported incidents.
   2. However, should there be a larger threat to the College Community present or should the respondent have other complaints associated with them, a Title IX Coordinator may sign the formal complaint even if the complainant does not wish to move forward with an institutional investigation.
4. Once a signed formal complaint is received, a Title IX Coordinator will notify both the complainant and the respondent in writing of the nature of the complaint and sufficient details surrounding the reported incident.
   1. This notice will be explicit that the respondent is always assumed to be not in violation of the College’s policy.
   2. This notice will contain institutional policy regarding Misrepresentation Violations.
5. A Title IX Coordinator will initiate contact with the respondent to offer resources and supportive measures.
6. Both parties will be notified that they are entitled to an advisor of choice during the investigative proceedings as well as the hearing. This advisor is not permitted to speak during interview sessions, but may request a short, five-minute break to consult with their respective party.
7. Two investigators will be assigned to the case. For the majority of reports, the College will utilize third-party investigators. The investigators will gather evidence and both parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
8. Once the investigators have conducted all interviews and compiled a draft report, a Title IX Coordinator will share a water-marked copy of the report as well as all related evidence to both parties as well as their advisors. Each party will have 10 days to respond to the evidence. Their response can include, but is not limited to, requests to follow-up with certain witnesses, additional comments on their individual interview write-up, or submitting additional evidence.
9. The investigators will integrate any responses from the parties into their investigative report and will create a summary of relevant evidence. The investigative report and evidentiary summary combined is considered the finalized report. This finalized report will be shared with both parties and each will be granted 10 days to respond. This response is not an opportunity to request additional follow-up but does provide both parties a chance to submit a written response to the report.
10. A Title IX Coordinator will schedule the hearing to take place at least 10 days after the final report has been shared with both parties and their advisors. This hearing will include both parties, their advisors of choice, a hearing board comprised of staff and student representation, and any relevant witnesses. Should either party wish to conduct the hearing remotely, the College will accommodate this request and the hearing will take place utilizing Zoom.
11. During the hearing, the members of the hearing board will ask questions to either party during the hearing. Additionally, each party’s advisor will cross-examine the other party through relevant questioning. Before the question is presented to the relevant party, the advisor will need to ask the hearing board the question. The members of the hearing board will approve or deny the question based on its relevance to the investigation. If approved, the advisor will then pose the question to the relevant party.
12. After all questioning has taken place, which can include questioning of witnesses, the hearing board will deliberate on (1) whether or not the policy violation occurred and (2) any sanctions that should be issued if applicable. The hearing board will issue a determination of responsibility within five days of the hearing.
13. A Title IX Coordinator will meet with both the complainant and the respondent to review the findings of the investigation and subsequent hearing. A Title IX Coordinator will also review the Appeal Process available to either party.
14. A Title IX Coordinator will issue written statements to both parties detailing the findings of the investigation and any sanctions that were issued. The complainant will not receive specific information on the sanctions issued unless they are directly related to the complainant. 

Procedures for Conduct Meeting the Federal Definition for Sexual Harassment and for Conduct Meeting the College’s Standards for Prohibited Conduct on the Basis of Sex Alleged Against a Non-Student/Faculty Member/Staff Member/College Employee/ or Third-Party Contracted Employee

The College cannot issue any disciplinary sanctions against members who are not part of the Goldey-Beacom College Community. However, reports of conduct that would fall both within the federal definition of sexual harassment as well as conduct that is otherwise prohibited by the College are taken seriously. The reporting individual as well as the affected party will have the opportunity to meet with a Title IX Coordinator to discuss potential protective measures and accommodations that can assist in protecting their safety.

As an institution on private property, the College reserves the right to implement Campus Bans when appropriate. Individuals violating a Campus Ban would be considered trespassing and the College reserves the right to contact law enforcement in such instances.

Should a Campus Ban be issued toward a current College Community member (e.g. a student or employee), such a ban would not be implemented until that individual was afforded the due process protections as described in Appendix A or B, depending on the nature of the alleged conduct.

Conflict of Interest

Should either party feel that a Title IX Coordinator, investigator or hearing board member has a conflict of interest that would prevent them from acting without bias, the party should notify the Title IX Coordinator or designee so an adjustment can be made to ensure a fair and equitable process. 

Emergency Removal and Possible Sanctions

Emergency Removal

Upon receipt of a report of sexual misconduct, should the respondent’s continued presence on the College’s Campus pose an immediate threat to the complainant or other members of the College Community, the College may decide to remove the respondent, if a student, from the residence halls (if applicable), classes and/or the campus as a whole. Should the College decide to remove a respondent, the respondent will be given adequate notice of this removal and will be granted ten (10) days to appeal this decision.

Should the respondent be an employee, it may be determined that the employee is to be removed from the College for the duration of the investigation. This determination will be made by a Title IX Coordinator and a Human Resources representative.

Possible Sanctions

Below is a list of available sanctions that could be levied if someone is found to be in violation of the College’s Sexual Misconduct Policy, including someone who has engaged in retaliatory behavior or has had a misrepresentation violation:

The sanctioned individual will have ten (10) business days from the date of the sanction to submit a written request for appeal should the student choose.

• Probation - Probation is a period of review during which the student must comply with all College rules, regulations, and polices. This action is a period of official censure. A probation action may specify any conditions with which the individual must comply or any privileges which may be withheld. Probation may include, but is not limited to, the loss of privilege to represent the College in an official capacity (e.g., varsity intercollegiate events, holding office, or participation in campus government or related organizations). Violations during this period may result in further discipline.
• Suspension - Suspension from the College is the termination of student status for a specified period of time. A student may not attend classes, take exams, receive grades, or be on College property. After this period of time, the student must seek written approval from a Title IX Coordinator to return to the College. The hearing officer may establish additional requirements which must be fulfilled to the Title IX Coordinator’s satisfaction prior to reinstatement. There will be no refunding of tuition or fees.
• Expulsion - Expulsion is the permanent, involuntary separation from the College due to conduct violations. A student is not permitted on College property. There will be no refunding of tuition or fees.
• Other Sanctions - The College may impose any other sanction depending upon the circumstances and the nature of the violation, e.g. assignment of a paper, fines. This could include, but is not limited to:
  • Constructive or Educational Task - The student is assigned a task which benefits the individual, campus, or community. This task can be given alone or in conjunction with another sanction.
  • Housing Reassignment/Removal -A student may be involuntarily reassigned to a new location on campus. This action may include restriction from entering any College-owned housing for a designated period of time, or permanently. There is no refunding of fees in accordance with College policy. No priority will be afforded to the student when returning to College-owned housing.
  • Hold on Records - The College may hold transcripts, diplomas, registration privileges, or other official records pending the disposition of cases and completion of sanctions if such action is reasonably necessary to preserve the College’s ability to enforce its disciplinary rules.
  • Interim Suspension - A Title IX Coordinator or designee may impose an interim suspension and/or loss of privileges including removal from the College Campus and/or College-owned housing upon any student whose presence on campus constitutes a threat to the health, safety, and welfare of the student, or the welfare of the College, its property or personnel. Any such suspension will take immediate effect and will remain in force throughout any appeal process.

Appeal Process

For investigation proceedings as detailed in the appendices above, each party is entitled to an appeal. There are limited grounds upon which a party may appeal the outcome of an investigations, and are as follows:

1. A procedural error occurred during the investigation that potentially affected the outcome;
2. New evidence is available that was not during the investigative proceedings; or
3. There was a conflict of interest or bias from a Title IX Coordinator, the investigators, the members of the hearing board, or any member involved in the investigative proceedings.

Should either party wish to appeal the final outcome, they must submit a request to appeal in writing to the Title IX Coordinator with 10 days of receiving the findings. A different Title IX Coordinator or designee will review the appeal request to determine if it satisfies at least one of the above criteria for appeals. If it is determined by the appellate ground did affect the outcome, new investigators will be assigned to investigate, and new hearing board members will be appointed to hear the case. If the appeal is granted due to procedural errors, new investigators will not be assigned. This process will follow the same procedural steps, applicable to the conduct being investigated, as outlined in the appendices above.

If the Title IX Coordinator receiving and reviewing the appeal determines that the appellate ground did not affect the outcome, the original determination of responsibility from the investigation and hearing stands.

The determination and any applicable sanctions from this appeal process is considered final.