25 2024 ANNUAL SECURITY & ANNUAL FIRE SAFETY REPORT Informal resolution may involve asking the respondent to modify or stop the behavior, separating the complainant and the respondent, and/or reaching a mutually acceptable agreement. If informal resolution is unsuccessful or the complainant is dissatisfied with the informal resolution process, the complainant may terminate the informal resolution process at any time and proceed with a complaint and the formal resolution process. Adjudication/Resolution/Sanctioning The manner in which the matter is resolved following the investigation and finalizing of the investigation report differs depending on whether the situation involves Title IX Sexual Harassment or another form of sexual misconduct (University-Defined Sexual Misconduct). In cases involving Title IX Sexual Harassment, typically, a pre-hearing meeting will be held with the parties and their advisors (either together or separately with each party/advisor) with the Chair of the hearing panel. A hearing panel of three faculty and staff members (with one of those individuals designated as the Chair) serves as the decision-maker in these cases. A live hearing will subsequently be conducted during which the parties and witnesses will be questioned and cross-examined, evidence presented, and evidentiary and credibility determinations made by the three-person panel. Following the live hearing, the panel will deliberate in closed session to determine whether the respondent is responsible or not responsible for the policy violations in question. The resolution of the case is based on a preponderance of the evidence standard, meaning that it must be found more likely than not that the respondent violated University policy in order for the individual to be found responsible for a violation of University policy. If it is found more likely than not that a violation of University policy occurred, then the panel will consult with the Title IX Coordinator regarding the appropriate sanction(s)/disciplinary action. The Chair and the Title IX Coordinator will prepare and share a Notice of Outcome, a written document including the final determination, rationale, and any applicable sanction(s)/disciplinary action. The Notice of Outcome will be shared with the parties and their advisors simultaneously, in writing. This process, as a general matter, should take no more than 60–90 days from the initial filing of a formal complaint, either with or by the Title IX Coordinator. Timelines can be extended due to witness unavailability, holidays, or unexpected complexities with a matter. In cases involving University-Defined Sexual Misconduct, the resolution of the case is handled by a decision-maker, typically a panel of three University employees and/or external consultants, with one individual designated as the Chair of the panel. The decision-maker reviews the final investigation report and the investigation file and may redirect a reopening of the investigation and/or meet with any party or witness to ask additional questions as necessary. The decision-maker then applies the preponderance of the evidence standard, meaning that it must be found more likely than not at a violation of University policy occurred. If it is found more likely than not that a violation of University policy occurred, then the decision-maker will consult with the Title IX Coordinator and other appropriate administrators (as appropriate) regarding the appropriation sanction(s)/disciplinary action. The decision-maker and the Title IX Coordinator will prepare and share a Notice of Outcome with the parties simultaneously, in writing. The Notice of Outcome is a written document including the final determination, rationale, and any applicable sanction(s)/disciplinary action. This process, as a general matter, should take no more than 60–90 days from the initial filing of a complaint, either with or by the Title IX Coordinator. Timelines can be extended due to witness unavailability, holidays, or unexpected complexities with a matter. Outcomes/Sanctions Dating violence, domestic violence, sexual assault, stalking, sexual exploitation, and any form of sexual harassment or sexual misconduct are serious offenses that will not be tolerated in an educational, working, co-curricular, social, or living environment. Factors considered when determining a sanction/disciplinary action may include, but are not limited to: • The nature, severity of, and circumstances surrounding the violation(s); • The respondent’s disciplinary history; • Previous allegations or allegations involving similar conduct; • The need for sanctions/responsive actions to bring an end to the Title IX Sexual Harassment and/or University-Defined Sexual Misconduct; • The need for sanctions/responsive actions to prevent the future recurrence of Title IX Sexual Harassment and/or University-Defined Sexual Misconduct; • The need to remedy the effects of the Title IX Sexual Harassment and/or University-Defined Sexual Misconduct on the complainant and the community; • The impact on the parties; and/or • Any other information deemed relevant by the decision-maker and/or Title IX Coordinator.
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