Title IX

Title IX of the Education Amendments of 1972 provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681 and 34 C.F.R. Part 106 (1972).

Title IX prohibits sexual misconduct, gender discrimination, sexual harassment, retaliation, and other behaviors where gender- or sex-based. Every employee of the College who receives a complaint or learns of sexual assault, harassment, or gender discrimination must report the incident. The College is obligated under Title IX to investigate the incident, to take action to eliminate sexual harassment and sexual assault, prevent its recurrence, and address its effects. This is the case even if the alleged victim requests that no action be taken or declines to report the incident. To ensure a complete and fair investigation, some level of disclosure may be necessary. The College will comply with requests for confidentiality to the extent possible. All complaints or reports of alleged dating violence, domestic violence, sexual assault, or stalking are handled as possible Title IX violations.

If a student/employee believes he or she has been discriminated against, harassed, or that Title IX has been violated, the student/employee is encouraged to complete the Title IX Complaint Form available on Campus Web. The form is automatically submitted to the Title IX Coordinators. Emails may also be sent to TitleIXCoordinator@gbc.edu. Students or employees may also directly contact one of the following to report a violation:

Title IX Investigative Proceedings

All Title IX violation complaints are addressed in the following proceedings:

• Any complaints alleging that a student has been the victim of sexual misconduct, perpetrated by an employee, a student, or a third party on campus are reported to the Title IX Coordinators of the College for investigation.
• In cases where there is violence or safety of the students and the College Community is a concern, an immediate sanction is imposed by the Student Affairs/Residence Life Departments.
• The student/employee is advised that the Title IX Coordinators are obligated to act on any report of alleged misconduct.
• The Title IX Coordinator assigns two Title IX Investigators to investigate the complaint.
• The Title IX Coordinator reviews the findings of the investigation and uses the “preponderance of evidence” standard when making a decision on the complaint.
• The Title IX Coordinator conveys the final decision, or the result of the proceedings, to the alleged victim and the accused at the same time.
• The Title IX Coordinator conveys the decision and matters of the incident to the Director of Residence and Student Life for possible inclusion of the violation in the Clery crime statistics.

If deemed not a Title IX violation, the complaint/incident will be referred to the Director of Residence and Student Life or the Dean of Students.

Possible Sanctions for Violations

The College can impose one or more of the following list of possible student sanctions for violations of Title IX. : Title IX student sanctions are imposed by the Title IX Coordinator.

Student Sanctions

• Disciplinary warning - A disciplinary warning is an official written notice expressing that the student’s conduct violates one or more College rules, regulations, or policies.
• 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., 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 the Dean of Students to return to the College. The hearing officer may establish additional requirements which must be fulfilled to the Dean of Student’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
• 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 - In cases involving housing violations, the 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.
• Loss of Scholarship - A student may have his/her Goldey-Beacom College scholarship revoked for engaging in behaviors that are in violation of the Student Code of Conduct, the Alcohol and Drug Policy, or the Residence Life Policy Handbook. Upon expulsion from the College, all College-funded scholarships are permanently revoked.
• Restitution - Restitution may be imposed on a student whose violation has involved theft, monetary loss, or damage. Restitution as imposed by the hearing officer becomes a financial obligation to the College, and either full payment or an agreement for partial payment according to a schedule agreed to by the Dean of Students is required before the student may register for classes again, or in the case of seniors, before the student may graduate.
• Interim Suspension - The Dean of Students 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 of Title IX decisions/sanctions

Upon receiving notice of a decision and/or sanction from the Title IX Coordinator, a student may appeal on the following bases:

• The decision and/or sanction imposed is not appropriate in light of the nature of the violation of Title IX.
• Lack of evidence of the violation of Title IX.
• New evidence which was not previously available and would have a significant impact on the decision/sanction to the student.

If the accused or the accuser wish to appeal the decision/sanction, he/she must send a written appeal to the Appellate Board on Student Matters within ten (10) business days of the “delivery receipt” date. The written appeal must set forth the basis for the appeal in detail. The Appellate Board on Student Matters will notify the student within ten (10) business days of the receipt of the appeal as to whether the Appellate Board on Student Matters will hear the appeal. If the Appellate Board on Student Matters decides to hear an appeal, the notice to the accused and the accuser shall include the time and place of the administrative hearing, and a copy of the procedures that will be used during the hearing. Such hearings are closed to the public and are confidential. All records from the proceedings are kept confidential.

At the Appellate Board hearing, the officials are appropriately trained and do not have a conflict of interest or bias for or against the accuser or the accused. Members of the Appellate Board who may have a conflict of interest recuse themselves from the hearings and deliberations. The accuser and the accused have equal opportunities to have others present, including an advisor of their choice. The accuser and the accused receive simultaneous notification, in writing, of the result of the proceeding and any available appeal procedures. The proceeding is completed in a reasonably prompt time frame. The accuser and accused are given timely notice of meetings at which one or the other or both may be present. The accuser and the accused have the right to appear in person and present information on his/her own behalf, call witnesses, and ask questions of anyone present at the hearing. If either the accuser or the accused elect not to appear at the hearing, the hearing shall be conducted in his/her absence. He/she has the right to refuse to answer any question(s) or to make a statement. The accuser, the accused, and appropriate officials are given timely and equal access to information that will be used during informal and formal disciplinary meetings and hearings. The Appellate Board on Student Matters will make its decision on the basis of the preponderance of the evidence available. All decisions, penalties or resultant actions of the Appellate Board on Student Matters are final.

Judicial sanctions are cumulative for the student’s career at the College. Judicial files/sanctions are not “reset” every year.