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LU Policy Number: UL. 005
Effective Date: 11/18/2021
Approval Date:
Revised Date: 5/31/22
Revision Approval Date:09/15/22
Purpose
Notice of Nondiscrimination
As a recipient of federal funds, Life University, Inc. (the “University”) is required to comply with the Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission and employment. Inquiries concerning the application of Title IX may be referred to the University’s Title IX Coordinator. The Title IX Coordinator’s office is located in the Executive Administrative Offices, 1250 Life’s Way, Building 200, Marietta, Georgia 30060. The Title IX Coordinator may also be contacted by phone at (770) 426-2686 or by email at TitleIX@life.edu or Title9@life.edu. Questions may also be directed to a Deputy Title IX Coordinator.
Life University’s Commitment to Addressing Sexual Misconduct
The University reaffirms the principal that individuals, regardless of their gender, gender identity, gender expression, or sexual orientation, have a right to be free from sex discrimination, gender-based harassment, sexual harassment, sexual violence, domestic violence, dating violence, stalking, and retaliation (collectively “sexual misconduct”). The University will take seriously every allegation or report of sexual misconduct received. The University will not tolerate sexual misconduct and wants to make clear that it is reprehensible in any situation. The University will promptly and thoroughly investigate and resolve all formal complaints of sexual misconduct in accordance with this policy and procedures.
Additional Authority: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
Scope: This policy applies to any allegation of sexual misconduct involving University employees (including administrators, faculty, and staff), applicants for employment, students, third-party contractors, or visitors (the “University community”). The allegation may be against any University Community member where the conduct giving rise to the complaint occurred during a program or activity of the University, involved a complainant participating in or attempting to participate in an education program or activity of the University.
This policy does not apply to students, faculty, or staff participating in Study Abroad program activities that are facilitated outside of the United States. The University may take disciplinary action under the Honor Code and Standards of Conduct where allegations are not actionable under this policy, but otherwise prohibited by community standards.
Approval Authority: President
Responsible Authority: Office of Title IX
Recipients: University Community
Publications: Student Handbook
Definitions
Actual Knowledge: Actual knowledge means notice of sexual misconduct or allegations of sexual misconduct to the Title IX Coordinator or any official of the University who has authority to institute corrective measures on behalf of the University.
Clear and Convincing Evidentiary Standard: The legal standard by which the University makes determinations as to responsibility in cases alleging violations of the University’s Sexual Misconduct Policy. The Clear is Convincing standard means that it is “highly probable or reasonably certain that the sexual misconduct occurred.”
Complainant: A complainant is an individual who is alleged to be the victim of conduct that could constitute sexual misconduct. An individual who is participating in or attempting to participate in the University’s education program or activity. An individual who is considered a University community member as determined by the standards of this policy.
Consent: Consent is defined as agreement that is informed and given freely. Consent must be clearly communicated through words and/or actions, to participate in each form of sexual activity. Silence cannot be interpreted as consent, nor can passivity or lack of resistance.Previous relationships or instances of consent do not imply future consent. There is no consent when there is a threat of force or violence or any other form of coercion or intimidation, physical or psychological. Impairment due to the use of alcohol or drugs does not excuse failure to obtain consent. Likewise, any person incapacitated by alcohol or drug use, or who is incapacitated is incapable of giving consent. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent.
Coercion: Coercion is inappropriate pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to obtain consent from another. When a person makes clear that they do not want sex, wants to stop, or that going past a certain point of sexual interaction is unwanted, continued pressure beyond that point can be coercive.
Dating Violence: Dating violence is violence committed by a person—
(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i) The length of the relationship.
(ii) The type of relationship.
(iii) The frequency of interaction between the persons involved in the relationship.
Domestic Violence: Domestic violence is felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner, parent, step-parent, child, step-child, a person with whom the complainant shares a child, a present household member, or a person who has or had a dating relationship with the complainant.
Formal Complaint: A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual misconduct against a respondent and requesting that the University investigate the allegation of sexual misconduct. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the University.
Gender-based Harassment: Unwelcome conduct based on sex or harassing conduct based on failure to conform to sex stereotypes (for example, harassing behavior directed at or about a person or group that does not conform to stereotypical assumptions and/or expectations about how someone of a certain sex should dress, behave, etc.).
Hostile Environment Sexual Harassment: Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s education programs and activities.
In determining whether unwelcome conduct of a sexual nature rises to the level of creating a hostile environment, the University will consider the totality of circumstances, including, but not limited to, the nature and severity of the conduct, the duration of the conduct, whether the conduct is part of a pattern, the age of the potential complainant, and whether there is a power differential between the complainant and alleged perpetrator. A person’s adverse subjective reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile environment.
Hostile environment sexual harassment can occur between individuals of the same gender/gender identity and individuals of different gender/gender identity.
Incapacitation: Incapacitation can result from mental disability, sleep, involuntary physical restraint, or from intentional or unintentional taking of alcohol and/or other drugs. An incapacitated person does not have the ability to give knowing consent. Sexual activity with a person who one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated, constitutes a violation of this policy. The perspective of a reasonable person will be the basis for determining whether one should have known about the impact of the use of alcohol and/or drugs on another’s ability to give consent.
Program or Activity: An educational program or activity includes locations, events, or circumstances over which the University exercised substantial control over both the respondent and the context in which the sexual misconduct occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the University.
Quid Pro Quo Sexual Harassment: Quid Pro Quo Sexual Harassment occurs when an employee of the University conditions the provision of an aid, benefit, or service of the University on the individual’s participation in unwelcome sexual conduct. Quid pro quo sexual harassment can also occur when a University employee explicitly or implicitly conditions a student’s participation in an education program or activity or bases an educational decision on the student’s submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature.
Reasonable Person: A reasonable person is one who exercises average care, skill, and judgment in their conduct and who serves as a comparative standard for determining responsibility.
Remedies: Remedies are measures designed to restore or preserve equal access to the University’s education program or activity. Remedies may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Remedies are uniquely tailored to suit the needs of the individual.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct.
Retaliation: Retaliation is intimidation, threatening behavior or discrimination against an individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.
Sexual Assault: An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, as defined in 20 U.S.C. § 1092(f)(6)(A)(v).
Sex offenses are any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
Sexual assault includes any of the following conduct:
• Having carnal knowledge, or attempting to have carnal knowledge, of a person, without consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sex organ of the other person.
• Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
• Using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. An “object or instrument” is anything used by the offender other than the offender’s genitalia.
• The touching of the private body parts of another for purposes of sexual gratification, without consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
• Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Georgia law.
• Sexual intercourse with a person who is under the statutory age of consent as defined by Georgia law.
Sex Discrimination: Sex discrimination occurs when persons are excluded from any activity on the basis of their sex - including employment. Sex discrimination includes materially adverse treatment or action based on a person’s biological sex, pregnancy status, gender, gender expression or sexual identity, and/or failure to conform to stereotypical notions of masculinity and femininity (so called “gender stereotyping”).
Sexual Exploitation: Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
• Invasion of sexual privacy;
• Prostituting another student;
• Non-consensual video or audio-taping of sexual activity;
• Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
• Engaging in voyeurism;
• Any act that is sexual in nature when such an act is likely to threaten any party’s health and/or safety without his/ her knowing and valid consent. This includes, but is not limited to, any act that may reasonably be expected to transmit HIV or other sexually transmitted diseases and is performed when either party has failed to divulge his/her infection with such a disease.
• Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation.
Sexual Harassment: Conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.
Stalking: Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
(A) fear for his or her safety or the safety of others; or
(B) suffer substantial emotional distress.
(C) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
(D) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Supportive Measures: Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The Title IX Coordinator is responsible for coordinating the implementation of supportive measures.
Policy Title
Life University Title IX Sexual Misconduct Policy
Policy Statement
This policy is designed to protect the rights of complainants and respondents and to maintain a community free from sex-based discrimination in accordance with the Title IX regulations and the University’s community standards. This policy applies to conduct that occurs on University premises, during or at an official University program or activity (regardless of location). This policy also applies to conduct that occurs off University premises when the conduct could interfere with a person’s ability to participate in or benefit from the University’s educational programs and activities if the University exercises substantial control over both the alleged perpetrator and the context in which the conduct occurred, or the conduct occurred in any building owned or controlled by a student organization that is officially recognized by the University.
The University’s jurisdiction over students begins when a student registers for classes, participates in an athletic program with the intent to register for classes, or participates in orientation, whichever occurs sooner. The University’s jurisdiction over students covers conduct that occurs when a student is enrolled in classes and during regular academic breaks, as well as when the student is not enrolled in classes for a particular term but nonetheless maintains enrollment privileges with the University.
The University’s jurisdiction over faculty and staff begins on the first day of employment. The University’s jurisdiction remains in effect until the faculty or staff member is no longer employed by the University.
The Title IX Coordinator is responsible for overseeing the prompt, fair, and impartial investigation and resolution of complaints filed with the University. The Title IX Coordinator is primarily responsible for coordinating responses to complaints of possible violations of this policy, overseeing the investigation and adjudication of complaints, and coordinating supportive measures and remedies.
While the Title IX Coordinator has ultimate oversight responsibility of the prompt, fair, and impartial investigation and resolution of complaints filed with the University, Deputy Title IX Coordinators may be involved with complaints filed under this policy.
Reporting
Any University community member who wishes to make a report of sexual misconduct may contact the Title IX Coordinator or a Deputy Title IX Coordinator. The University encourages all employees with knowledge of potential incidents of sexual misconduct to promptly make a report.
The University will make reasonable and appropriate efforts to preserve the privacy of the parties involved while recognizing that absolute confidentiality is not possible. However, to the extent possible, information will only be shared with the individuals who are responsible for handling the University’s response to the report.
Responsible Employees
The University has designated specific employees as responsible employees. These employees have a duty to report any incident of sexual misconduct that they observe or otherwise learn about to the Title IX Coordinator. The responsible employees, at the University, include all exempt employees, faculty members, and resident assistants.
Reporting to the U.S. Department of Education
In addition to reporting to the University, community members have the right to make a report of sexual misconduct to the U.S. Department of Education Office of Civil Rights.
Reporting to Local Law Enforcement
Individuals have the option to notify law enforcement of their complaint because sexual misconduct may constitute a violation of University policy and criminal laws. The University encourages individuals to report sexual misconduct to law enforcement. A person may file a complaint directly with local law enforcement by dialing (770) 794-5300. If the incident occurred in Cobb County, a person may also contact the Cobb County Police Department at 770-499-3900.
If a person needs assistance in notifying law enforcement, they may contact any of the following:
Campus Safety, 24 hours a day, 365 days a year. Campus Safety can be contacted from a University land line phone at Ext. 2911 or from a cell phone at (770) 426-2911 and is located at 1085 Barclay Circle, Marietta, GA 30060
Title IX Coordinator, whose office is located in the Executive Administrative Offices, 1250 Life’s Way, Building 200, Marietta, Georgia 30060. The Title IX Coordinator may be contacted by phone at (770) 426-2686 or by email at TitleIX@life.edu or Title9@life.edu.
If a person believes that they are in imminent danger, the person should dial 911. Individuals who make a criminal complaint may also choose to pursue a University complaint simultaneously. A criminal investigation does not preclude the University from conducting its own investigation. However, the University’s investigation may be delayed temporarily while the criminal investigators are gathering evidence.
Prohibition on Retaliation
Retaliation against any person who makes a report or assists in making a report or participates in the resolution of a complaint in any way is strictly prohibited. Complaints of retaliation should be forwarded to the Title IX Coordinator and may be subject to the same grievance procedures as complaints of sexual misconduct.
Prohibition on Providing False Information
Any individual who knowingly files a false complaint under this policy, who knowingly provides false information to University officials, or who intentionally misleads University officials who are involved in the investigation or resolution of a complaint may be subject to disciplinary action, and such action will not constitute prohibited retaliation.
Limited Immunity
The University considers the reporting and adjudication of sexual misconduct cases to be of paramount importance. When conducting the investigation, the University’s primary focus will be on addressing the harassment and not necessarily on other policy violations that may be discovered or disclosed, such as alcohol violations.
The University recognizes that students may be reluctant to report sexual misconduct because they themselves or witnesses may have been in violation of other provisions of the Honor Code and Standards of Conduct. In order to encourage reports of sexual misconduct, The University will not take disciplinary action for any alcohol or drug use against an individual who makes a good faith report of sexual misconduct, either as the reporter/complainant or as a witness, provided that these conduct violations did not and do not place the health or safety of any other person at risk.
Supportive Measures
During the investigation and until resolution of the matter, the Title IX Coordinator or designee will issue supportive measures including, but not limited to, the following: no-contact or stay away orders between the complainant and respondent, class or housing reassignment or administrative leave, or exclusion from areas of campus, changes to work schedules, altering academic schedules, withdraw from/retake class without penalty, access to academic support (e.g., tutoring), among other measures. Supportive measures should not be construed to suggest that any decision has been made about the merits of the case or that there is any presumption of responsibility for the allegations.
Confidential Resources
The University encourages parties to claims of sexual misconduct to seek the support that they may need. There are confidential resources that provide support and assistance and do not have a duty to report incidents of sexual misconduct to the University. The following confident resources are available both on-campus and off-campus and include:
• Life University Counseling Services
770-426-2725
https://www.life.edu/campus-life-pages/counseling/
• Student Assistance Program (SAP)
24/7 phone and online resources: 800-869-0276
www.eapconsultants.com (password: lifeu)
• Employee Resource Program
24/7 counseling services available
877-622-4327
• Cobb County Rape Crisis (YWCA)
Free group and individual counseling, walk-ins welcome
770-423-3589
• National Sexual Assault Hotline
800-656-4673
• Rape Crisis/Sexual Assault (Grady)
Includes an exam and rape kit within 72 hours at no charge
404-616-4861
• LiveSafe
Domestic Violence, Sexual Assault & Elder Abuse
24 Hour Crisis Line: 770-427-3390
Main Office: 770-427-2902
www.livesaferesources.org
Support Person
The complainant and respondent may be accompanied by a support person of their choice during each stage of the grievance procedures. The role of the support person is to provide support and private counsel to the involved party. The support person must be discreet with any information that they receive during the process. They are not permitted to present information or actively participate in the proceedings unless the support person has also been designated as the advisor. The University does not provide a support person for the involved parties.
Grievance Procedures
These grievance procedures will be utilized in the resolution of formal complaints of sexual misconduct established within the Sexual Misconduct Policy. These procedures provide for a prompt, fair and impartial investigation and resolution of complaints of sexual misconduct.
The grievance procedures will be implemented by University officials who have been formally trained on sexual misconduct and their respective role within the grievance process. The University officials have been trained on how to conduct investigations, informal resolutions, hearings, and appeals. They have been trained on how to serve in a manner that is impartial including avoiding conflicts of interest and bias. If a University official is unable to serve in an impartial manner, The Title IX Coordinator will assign another individual to serve in that role.
Filing a Complaint with the University
If a complainant wishes to file a formal complaint under these grievance procedures, the complainant should contact the Title IX Coordinator or report the incident online via the Title IX website. The complaint must be provided in writing or described to the Title IX Coordinator or designee, so that it can be transcribed.
If the complainant requests that the complaint not be investigated or resolved through the grievance procedures, the University will take reasonable steps to address the complaint based upon the complainant’s request. However, the University’s ability to address the complaint may be limited.
A complainant may determine after filing a complaint that they do not wish to pursue resolution of the complaint. If the University initiates a formal complaint or continues proceedings under the grievance procedures contrary to the wishes of the complainant, the University is obligated to treat the non-participating complainant as a party and provide notifications to them throughout the grievance procedure process. This requirement is intended to preserve the non- participating complainant’s right to choose to participate, not to pressure the non-participating complainant into participating. Such circumstances might include where the allegations constitute a potential threat to campus safety.
The Title IX Coordinator or designee will meet with the complainant and the respondent to explain the process, provide resources, and offer supportive measures. The Title IX Coordinator or designee will forward a formal Notice of Allegations to the complainant and the respondent. The Notice of Allegations will include information regarding the allegations, the alleged policy violations, and resolution options.
The complainant and respondent are entitled to an advisor of their choice, without limitations (excluding those persons directly involved in the dispute), for the purpose of conducting cross- examination for the party during the hearing. The advisor does not have to be, but may be, an attorney. If either party does not have an advisor, the Title IX Coordinator will assign an advisor free of charge.
The University may dismiss a formal complaint at any time if the complainant would like to withdraw the complaint; the respondent is no longer enrolled or employed by the University; or specific circumstances prevent the University from gathering evidence sufficient to reach a determination.
Assignment of an Investigator(s)
Upon the filing of a complaint, the Title IX Coordinator will promptly assign the complaint to an investigator(s) to initiate an investigation. The Title IX Coordinator will forward the formal complaint to the Title IX Investigator and share the investigator’s name(s) and contact information with the complainant and the respondent.
Investigation Procedure
The Title IX Investigator(s) will promptly complete the investigation process upon receiving a formal complaint of sexual misconduct. The investigation may involve conducting interviews with the complainant, the respondent, and third‐ party witnesses; where applicable, collecting and preserving relevant evidence (in cases of corresponding criminal complaints, this step may be coordinated with law enforcement agencies); reviewing law enforcement investigation documents, if applicable; reviewing student and personnel files; or other appropriate steps taken in an investigation. The investigation will be adequate, reliable, impartial, and prompt and will include the opportunity for both parties to present witnesses and other evidence. Title IX Investigator(s) will take into consideration and will include both inculpatory and exculpatory evidence.
The investigation will be conducted by officials who receive regular training on the issues related to sexual harassment, domestic violence, dating violence, sexual assault, stalking and gender-based harassment.
If a determination is made that the available information will not support a formal complaint of sexual misconduct, The Title IX Coordinator will communicate with the complainant and respondent and simultaneously provide each party with a written notice of the determination, if applicable. If there are potential Honor Code and Standards of Conduct violations, both parties will be notified, and the conduct process will be initiated as outlined in the Student Handbook.
If the Title IX Coordinator determines that there is sufficient information to support that the respondent may have committed a violation of this policy, then the Title IX Coordinator will provide both parties with a written “Notice of Allegations” letter. The issuance of this document does not mean that the respondent is or will be found responsible for a policy violation. Instead, it means that the Title IX Coordinator has determined that, based upon the information contained within the Report of Investigation, a potential policy violation has occurred, and the case warrants further review by a hearing board.
It is the University’s presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the adjudication process.
After a formal complaint is received by the Title IX Investigator, the Title IX Investigator will communicate with each party regarding the resolution options.
Informal Resolution
The University may, in its discretion, offer and facilitate informal resolution options, such as mediation or restorative justice where both parties give voluntary, informed, written consent to attempt informal resolution. An informal resolution will not take place until after the filing of a formal complaint. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the formal adjudication process with respect to the formal complaint. Informal resolution is never an option where there is an allegation that an employee sexually harassed a student.
If the parties provide written consent to an informal resolution, then the Title IX Investigator, in consultation with the Title IX Coordinator, will determine if an informal resolution is an appropriate means to resolve the formal complaint. If both parties agree to resolve the complaint informally, the Title IX Investigator will notify each party of the informal resolution process and terms. Both parties have the right to end the informal resolution process and request a formal process at any time prior to a resolution agreement being signed.
An informal resolution is not intended to reach a formal determination regarding whether sexual misconduct occurred unless the respondent takes responsibility for the alleged conduct.
Formal Resolution
If the complaint is identified for the formal resolution process, the Title IX Investigator will conduct a thorough investigation to gather relevant evidence including statements, documents, and other information. The Title IX Investigator will interview the complainant, respondent, and witnesses, and gather non-testimonial evidence. The Title IX Investigator may decline to interview witnesses or gather information that the Title IX Investigator deems is not relevant.
At the conclusion of the investigation, the Title IX Investigator(s) will prepare a written Report of Investigation and forward it to the Title IX Coordinator or designee. The Title IX Coordinator or designee shall review the Report of Investigation. The Title IX Coordinator or designee may ask further clarifying questions of the complainant, respondent, witnesses, or other parties, or may request that the Title IX Investigators do so to supplement the Report of Investigation. The Title IX Coordinator has the discretion to redact prohibitive or non-relevant information from the Report of Investigation before it is shared with the parties involved.
The Title IX Investigator will forward the Report of Investigation to the parties and their advisors, in electronic format or hard copy, for the parties’ review and response at least 10 business days prior to the hearing.
The Title IX Coordinator will forward the Report of Investigation to the Hearing Panel Chair. The Title IX Coordinator, in consultation with the Hearing Panel Chair, will schedule the hearing date and send out notifications to the Hearing Panel members, the parties, their advisors, and witnesses, if applicable.
Each party may request a pre-hearing meeting with the Hearing Panel Chair or the Title IX Coordinator to receive an explanation of the hearing process and answers to questions about the process, and to discuss options for participation in the hearing.
Recusal of Investigator or Hearing Panel Member
Both parties have the right to object to and/or request that any one investigator or any one member of the hearing panel recuse themselves from the process. The recusal request must be stated clearly and explain the reason for the requested recusal (i.e., conflict of interest, definitive bias). This request will be reviewed, and a decision will be made by the Title IX Coordinator.
The request must be submitted to the Title IX Office no later than three (3) business days after receiving the Notice of Investigation and/or at least five (5) business days prior to the hearing.
Respondent’s Acknowledgement of Responsibility Prior to Hearing
At any time prior to the date of their hearing, the respondent may elect to acknowledge their actions and take responsibility for the allegations in the Notice of Allegations. If a respondent does so, the Hearing Chair, in consultation with the Title IX Coordinator, will determine the appropriate sanction(s) within five (5) business days. The Title IX Coordinator will send written notification of the sanction(s) imposed to the complainant and respondent simultaneously.
Either party who disagrees with the discipline that is imposed has the right to appeal pursuant to these grievance procedures.
Witnesses
The involved parties will have an equal opportunity to present evidence, which may include statements from witnesses. Witnesses are expected to be cooperative and provide truthful information throughout the process. The Title IX Investigator will contact witnesses in writing to schedule an interview to gather relevant information. In an effort to complete the grievance procedures in a timely manner, the Title IX Investigator will make three attempts to contact witnesses. Prior to the final attempt, the Title IX Investigator will provide an update to the party regarding the status of the witness. If either party needs additional time to gather their witnesses, they shall notify the Title IX Investigator in writing explaining how much time is needed and why it is needed. The Title IX Investigator will respond to the request in writing.
Virtual Process
The University can accommodate virtual grievance procedures to resolve complaints of sexual misconduct. Both parties must provide their consent in writing to the Title IX Coordinator five (5) business days before the hearing date. After the written consent is received, the hearing will be held via a virtual platform.
Hearing Procedure
Hearing Panel
If an investigation supports moving forward with the issuance of the Notice of Allegations; the matter will be brought to a hearing. The hearing will be conducted by a Hearing Panel appointed by the Title IX Coordinator consisting of (3) faculty and/or staff members, adequately trained and free from any bias. A Hearing Chair shall be appointed by the Title IX Coordinator and will preside over the hearing.
If the complainant and/or the respondent fail(s) to appear as scheduled, the Title IX Coordinator may choose to conduct or reschedule the hearing. Where the hearing takes place with either party in absentia, the results of the hearing are binding.
Hearing Panel Eligibility
In order to be eligible to serve on the Hearing Panel, individuals must meet the following requirements: Faculty/staff member must be currently employed by the University for a minimum of one (1) academic quarter and complete formal Hearing Panel training. Faculty/staff member must be a regular full-time employee and in good standing with the University.
It is expected that members of the Hearing Panel shall recuse themselves from a particular hearing if there is the likelihood that their objectivity may be compromised.
The parties have the right to object to and/or request that any member of the Hearing Panel recuse themselves from a hearing for bias. This request will be reviewed, and a decision made by the Title IX Coordinator. The request must be submitted to the Title IX Coordinator at least three (3) business days prior to the hearing.
Advisor and Cross-Examination
Each party’s advisor may ask the other party and any witnesses all relevant questions and follow-up questions, including those that challenge credibility and are not prohibited by Rape Shield laws unless asked to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent. Cross-examination must be conducted directly, orally, and in real time by the parties’ advisor and never by the party personally. At the request of either party, the University will provide for the hearing (including cross- examination) to occur with the parties located in separate rooms with technology enabling the parties to see and hear each other.
An advisor may only ask relevant questions during cross-examination of a party and witnesses. Before a complainant, respondent, or witness answers a question, the Chair must first determine whether the question is relevant and explain to the parties and their advisor any decision to exclude a question as not relevant.
Findings of the Hearing Panel
After the hearing, the Hearing Panel will begin the deliberation process. During the deliberation process, the Hearing Panel shall apply the clear and convincing evidentiary standard to determine if the respondent is responsible for violating the Sexual Misconduct Policy.
The Chair will submit a written determination as to responsibility with findings of fact, conclusions about whether the alleged conduct occurred, rationale for the result as to each allegation, any disciplinary sanctions imposed on the respondent, and whether remedies will be provided to the complainant to the Title IX Coordinator. The Title IX Coordinator will forward the written determination to the parties simultaneously within ten (10) business days following the hearing. The Title IX Coordinator will include information about how to file an appeal with the distribution.
Potential Remedies for Complainants
Effective remedial action taken as a result of a violation of this policy may include, but is not limited to, disciplinary action against the respondent, providing counseling for the respondent, and remedies for the complainant and others. Depending on the specific nature of the problem, remedies for the complainant may include, but are not limited to: providing and enforcing a no contact or stay away order, providing an effective escort to ensure that the complainant can move safely between classes and activities, moving the respondent or complainant to a different residence hall, providing services including counseling and academic support services, such as tutoring, and arranging for the complainant to have extra time to complete or re-take a class or withdraw from a class without academic or financial penalty.
Sanctions
Sanctions for a finding of responsibility depend upon the nature and gravity of the misconduct, any record of prior discipline for sexual harassment or gender-based harassment, or both.
Sanctions may include, but are not limited to, withholding a promotion or pay increase, reassigning employment, terminating employment, temporary suspension without pay, compensation adjustments, expulsion or suspension from the University, disciplinary probation, expulsion from campus housing, mandated counseling, and/or educational sanctions deemed appropriate by the Hearing Panel.
The respondent has the responsibility to comply with all sanctions imposed as the result of a hearing. If an appeal is requested, the sanctions may be stayed and will not take effect until the appeal process has concluded, depending upon the circumstances as decided by the Title IX Coordinator. If no appeal is requested, the sanctions will take effect immediately.
Faculty Sanctions: In the event that the Hearing Panel recommends the termination of a faculty member, the recommendations will be referred to the Office of Academic Affairs to be handled through the proper process that is outlined in the Faculty Handbook.
Appeals
The parties have the right to appeal any decision made by the Hearing Panel. Neither respondent nor complainant can appeal an Informal Resolution.
An appeal must be submitted in writing and must be received by the Title IX Coordinator within five (5) business days of the date of notification of the findings of the Hearing Panel. An extension to this deadline may be granted at the sole discretion of the Title IX Coordinator. The Title IX Coordinator shall then refer the appeal to the appellate officer.
A decision on an appeal may not be rendered until the filing deadline has passed. Appellate decisions should be rendered, and proper written notification provided to the Title IX Coordinator no later than ten (10) business days after the filing deadline. The Title IX Coordinator shall notify all parties, as appropriate, of the results of the appeal.
Appellate Officer: The appellate officer shall be the Vice President for Academic Affairs.
Appeal Criteria: Appeals shall be considered only in the following circumstances:
• Procedural irregularity that affected the outcome of the matter
• Newly discovered evidence that could affect the outcome of the matter
• Title IX personnel had a conflict of interest or bias that affected the outcome of the matter
Available Actions: The appellate officer is limited to taking one of the following actions for each party:
• Affirm the finding(s) of fact and sanctions imposed by the Hearing Panel.
• Affirm the finding(s) of fact but modify the sanction(s) imposed.
• Remand the complaint for a new hearing before a new hearing board.
Under no circumstances shall the appellate officer supplant the function of the Hearing Panel; the appellate process exists solely to review the procedures used in the proceedings, and not to re- hear a complaint in its entirety.
The decision of the appellate officer is final.
Discretion in Application
The University retains discretion to interpret and apply this policy in a manner that is not clearly unreasonable, even if the University’s interpretation or application differs from the interpretation of the parties.
Despite the University’s reasonable efforts to anticipate all potential circumstances in drafting this policy, it is possible unanticipated or extraordinary circumstances may not be specifically or reasonably addressed by the express policy language, in which case the University retains discretion to respond to the unanticipated or extraordinary circumstance in a way that is not clearly unreasonable.
Other Note(s)
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