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Return to: Title IX: Table of Contents
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 Coordiantor 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.
Allegations of misconduct that, as reported, implicate the Department of Education’s definition of “sexual harassment” and are reported to have occurred in a College program or activity shall proceed pursuant to the Title IX Grievance Procedures.
Allegations of sex discrimination or sex misconduct that do not rise to the level of a policy violation under Title IX will proceed pursuant to the Non-Title IX Grievance Procedures.
The Title IX Coordinator is the College official designated to evaluation reports to determine which law(s) apply, which policies are implicated by the reported conduct, and which grievance procedure to utilize to resolve such reported behavior. If a Title IX Coordinator cannot evaluate the report due to an absence or a conflict of interest, a Title IX Deputy Coordinator may be designated to perform this evaluation of a report.
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:
- Report of incident is received by a Title IX Coordinator
- The 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.
- The Title IX Coordinator will offer for the complainant to sign and submit a formal complaint, which triggers an institutional investigation into the incident.
- 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. In these incidents, “Goldey-Beacom College” becomes the complainant. For this to occur, the College’s Executive Leadership Team must be informed of the incident and approval must be obtained.
- Once a signed formal complaint is received, a Title IX Coordinator will notify both the complainant and the respondent in writing of the reported incident and impending investigation.
- This notice will contain sufficient details known at the time, such as the identities of the parties, alleged conduct, and date and time of the incident.
- This notice will be explicit that the respondent is always assumed to be not in violation of the College’s policy.
- This notice will inform both complainant and respondent of their right to an advisor of choice and that, if an advisor is not at the live hearing for either party, the College will provide one. This advisor is not permitted to speak during interview sessions, but may request a short, five-minute break to consult with their respective party.
- This notice will contain the institutional policy regarding Misrepresentation Violations.
- A Title IX Coordinator will initiate contact with the respondent to offer resources and supportive measures.
- Investigator(s) will be assigned to the case. For the majority of complaints, 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.
- Once the investigators have conducted all interviews and compiled a draft report, the Title IX Coordinator will share a copy of the report as well as all related evidence to both parties as well as their advisors. Each party will have ten (10) business 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.
- 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 investigative report will be shared with both parties and each will be granted ten (10) business 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.
- A Title IX Coordinator will schedule the hearing to take place no less than ten (10) business 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 any relevant witnesses. All hearings will be conducted via Zoom video-conferencing software. Requests for an in-person hearing will be evaluated on the basis of providing reasonable accommodations.
- During the hearing, the members of the hearing board will ask questions to either party during the hearing. Additionally, each party’s advisor will have the opportunity to submit any relevant questions to the hearing board up to 24 hours before the scheduled hearing. Questions must be submitted to the Title IX Coordinator, and the hearing board will approve or deny each question based on whether or not it is relevant. The advisor will receive the approved questions prior to the hearing and will pose the question to the relevant party.
- 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 (5) business days of the hearing.
- The Title IX Coordinator will meet with both the complainant and the respondent to review the findings of the investigation and subsequent hearing. The Title IX Coordinator will also provide the Appeal Process available to either party.
- The 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.
The below list includes the specific rights afforded to both parties and their advisors during hearings for cases moving through the Title IX Grievance Procedures.
- Each party’s questions will be asked, given that the hearing board has determined that the question is relevant.
- The hearing will be conducted in real time via Zoom video-conferencing software, although it may occur with the parties located in a shared, physical space at the request of a party or the institution.
- If a party does not have an advisor of choice at the hearing, the school will provide an advisor without fee or charge.
- 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 College does 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.
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:
- Report of incident is received by a Title IX Coordinator
- The 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.
- The Title IX Coordinator will offer for the complainant to sign and submit a formal complaint, which triggers an institutional investigation into the incident.
- 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. In these incidents, “Goldey-Beacom College” becomes the complainant. For this to occur, the College’s Executive Leadership Team must be informed of the incident and approval must be obtained.
- Once a signed formal complaint is received, a Title IX Coordinator will notify both the complainant and the respondent in writing of the reported incident and impending investigation.
- This notice will contain sufficient details known at the time, such as the identities of the parties, alleged conduct, and date and time of the incident.
- This notice will be explicit that the respondent is always assumed to be not in violation of the College’s policy.
- This notice will inform both complainant and respondent of their right to an advisor of choice and that, if an advisor is not at the live hearing for either party, the College will provide one. This advisor is not permitted to speak during interview sessions, but may request a short, five-minute break to consult with their respective party
- This notice will contain the institutional policy regarding Misrepresentation Violations.
- A Title IX Coordinator will initiate contact with the respondent to offer resources and supportive measures.
- Investigator(s) will be assigned to the case. For the majority of complaints, the College will utilize third-party investigators. The investigators will gather evidence and bother parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
- Once the investigators have conducted all interviews and compiled a draft report, the Title IX Coordinator will allow both parties an opportunity to review the full investigative report in the Title IX Coordinator’s office. Each party will have ten (10) business 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.
- 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 ten (10) business 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.
- A Title IX Coordinator will schedule the hearing to take place at least ten (10) business 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.
- 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 have the opportunity to submit any relevant questions to the hearing board up to 24 hours before the scheduled hearing. Questions must be submitted to the Title IX Coordinator, and the hearing board will approve or deny each question based on whether or not it is relevant. Questions from either party will be asked by the Chair of the Hearing Board present for the hearing.
- 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 (5) business days of the hearing.
- 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 provide 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.
The below list includes the specific rights afforded to both parties and their advisors during hearings for cases moving through the Non-Title IX Grievance Procedures.
- Each party’s questions will be asked, given that the hearing board has determined that the question is relevant.
- The hearing will be conducted in real time, although it may occur with the parties located in separate rooms or via an online video platform at the request of a party or the institution.
- If a party does not have an advisor at the hearing, the school will provide an advisor without fee or charge.
- 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 College does 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.
The following are key components of every investigation conducted into matters of sexual misconduct:
- The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the investigators.
- Investigators cannot access, consider, disclose, or otherwise use a party’s information protected under a legally recognized privilege unless the person holding such privilege waives the privilege.
- Parties must have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
- There can be no restriction on either party preventing them from discussing the allegations or to gather and present relevant evidence.
- The parties must have the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.
- The institution may establish restrictions regarding the extent of participation of the advisors in investigation meetings as long as they are applied equally to both parties.
- 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 must be given.
- Both parties wil be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation.
- Prior to completion of the investigative report, the parties and their advisors must receive the evidence subject to inspection and have at least ten (10) business days to submit a written response.
- Creation of an investigative report that fairly summarizes relevant evidence and provide to the parties, and their advisors in the case of Title IX Hearings, at least ten (10) business days prior to the hearing.
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 supportive measures and/or accommodations 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 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
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 physical safety of 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) business days to appeal this decision.
Emergency removals cannot be enacted for the mental or emotional health or safety of the complainant, respondent, or College Community. The risk must be someone’s physical safety. The threat of violence toward someone’s physical safety, however, could satisfy the Emergency Removal criteria and could result in an Emergency Removal.
Should the respondent be an employee, it may be determined that the employee is to be put on Administrative Leave for the duration of the investigation. This determination will be made by the Title IX Coordinator and a Human Resources representative.
Misrepresentation Violations
The success of the College’s grievance procedures rely, in part, on each party’s ability to accurately represent themselves. The College does not take false statements or misrepresentation during the reporting process or grievance procedures lightly. Misrepresentation violations include:
- Falsification of information, which includes any form of providing false or misleading information, in writing, orally, or electronically, in a manner which has the intent or effect of deceiving authorized College personnel, or of altering or falsifying official institutional records or documents; and
- Providing false or misleading information including utterance of false testimony or submission of false written statements at any proceeding authorized by this document.
A party found to be misrepresenting could have all statements and testimony discredited or discarded, and/or could be sanctioned, which will be adjudicated as detailed in the Code of Conduct.
Possible Sanctions
Below is a list of available sanctions that could be levied if a student is found to be in violation of the College’s Sexual Misconduct Policy:
The sanctioned student 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
Goldey-Beacom College will impose educational and/or disciplinary sanctions on employees which will be consistent with existing local, state, and federal law. This may indicate actions up to and including termination of employment, and/or referral for prosecution by law enforcement agencies. Below is a list of available sanctions that could be levied if an employee is found to be in violation of the College’s Sexual Misconduct Policy:
- Paid Suspension/Administrative Leave
- Unpaid Suspension
- Restrictions From Some or All Parts of Campus
- Change in Office/Classroom Assignments
- Written Reprimand
- Removal from Classroom Teaching
- Removal of Administration Position
- Employment Termination
- Housing Reassignment or Removal
- Constructive or Educational Task
- Completion of Required Training
- Mediation
- Restitution
The sanctioned employee will have ten (10) business days from the date of the sanction to submit a written request for appeal should the employee choose.
The College may consolidate formal complaints as to allegations of sexual harassment against more than one respondent or by more than one complainant against one or more respondents where the allegations of sexual harassment arise out of the same facts or circumstances. Where a grievance procedure involves more than one complainant or more than one respondent, references in this policy to the singular “party,” “complainant,” or “respondent” include the plural as applicable.
When the College consolidates complaints, notice documents will be sent to each complainant that does not contain personally identifiable information of the other complainants unless providing such information is vital to gathering the relevant evidence.
When a consolidation of complaints occurs, “Goldey-Beacom College” becomes the complainant. For this to occur, the College’s Executive Leadership Team must be informed of the incident and approval of the consolidation must be obtained.
The College must dismiss a complaint from the Title IX Grievance Procedures if the conduct alleged in the formal complaint would not constitute sexual harassment as defined by the Department of Education. This would include if the alleged conduct did not occur in the College’s education program or activity or did not occur against a person in the United States.
However, a complaint that is dismissed from Title IX may be investigated and adjudicated under the Non-Title IX Grievance Procedures if the alleged conduct would be in violation of the College’s Sexual Misconduct Policy.
Additionally, the College may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing: a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; the respondent is no longer enrolled at or employed by the College; or specific circumstances prevent the College, the Title IX Coordinator, or the investigators from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
Each party involved in a sexual misconduct case has equal opportunity to appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility.
To appeal, the party must submit their written appeal to the Title IX Coordinator within ten (10) business days of receiving the dismissal or determination. This written appeal must contain the grounds for appeal. The grounds for appeal are as follows:
- Procedural irregularity that affected the outcome/dismissal/determination.
- New evidence that could have an effect on the outcome was not reasonably available at the time the dismissal or determination of responsibility was made.
- The Title IX Coordinator, investigator(s), or hearing-board members had a conflict of interest or bias against an individual party, or for or against complainants or respondents in general that affected the outcome/dismissal/determination.
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. Should the grounds for appeal be met, the Title IX Coordinator will notify the other party in writing that an appeal has been received.
The appeal will be decided by three (3) members on the hearing board who were not involved in the investigative process or hearing, and who are free of conflict of interest and bias, and who will not serve as investigator, Title IX Coordinator, or decision-maker in the same case.
Each party will be granted an opportunity to submit a statement in writing within ten (10) business days of notification of a received appeal to the hearing board members for review. The three (3) individuals will review the statements and determine whether or not the appeal should be granted.
The determination and any applicable sanctions from this appeal process is considered final.
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