25 2023 ANNUAL SECURITY & ANNUAL FIRE SAFETY REPORT 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 harassment or sexual misconduct (UniversityDefined Sexual Harassment). 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 Harassment, the resolution of the case differs depending on the role of the respondent at the University. Faculty cases are resolved by the Provost’s Office, staff cases are resolved by the appropriate Senior Officer within the respondent’s reporting line, and student cases are resolved by a three-person University Committee on Discipline (UCOD) panel comprised of faculty and staff. The investigation report is provided to the appropriate office/officer/ panel to review and to question. In student cases, the investigation report is redacted of personally identifying information and transmitted to the Conduct Officer, who assigns the UCOD panel to decide the matter. After reviewing the investigation report, the decision-maker (the Provost, Senior Officer, or UCOD panel) may question the investigators regarding the matter prior to determining 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 decision-maker will consult with other University officials/offices (the Title IX Coordinator, Office of Human Resources, Office of Student Conduct & Community Expectations, etc.) regarding the appropriate sanction(s)/ disciplinary action. In cases involving a student respondent and a finding of responsibility, the parties have the opportunity to submit Sanction Statements prior to a determination of the appropriate sanctions. The parties in University-Defined Sexual Harassment cases will be notified simultaneously in writing of the outcome of the case and sanctions imposed (as permitted/required by applicable law and University policy). This process, as a general matter, should take no more than 60 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 Harassment; • The need for sanctions/responsive actions to prevent the future recurrence of Title IX Sexual Harassment and/or University-Defined Sexual Harassment;
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