Student Sexual Misconduct Grievance

A. Effective Date and Changes to Procedure Based on Court Rulings and Legal Challenges or Changes in Law or Regulation

1. This Grievance Procedure applies to incidents that occur on or after August 1, 2024. Any incidents reported under this Grievance Procedure that occurred on or before July 31, 2024, will be processed through the institution’s Sexual Violence Response Policy or Title IX Grievance Policy.
2. Should any portion of the 2024 Title IX Final Rule (89 Fed. Reg. 33474 (Apr. 29, 2024)), be stayed or held invalid by a court of law, or if the 2024 Title IX Final Rule is withdrawn or modified to not require elements of this Procedure, the Procedures in their entirety, or the invalidated elements of this Procedure, they will be deemed revoked as of the publication date of the opinion or order from the Court and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by the date of the opinion or order publication by the Court. If this Procedure is revoked in this manner, any conduct covered under this Procedure shall be investigated and adjudicated under the previous 2020 Title IX Grievance Policy and/or Sexual Violence Response Policy and Community Rights and Responsibilities. The University at Albany (University) will update this Procedure as soon as practicable to reflect any court rulings or changes that invalidate parts of the Procedure, if applicable.

B. Scope of Procedure

1. Sex-Based Harassment is considered discrimination on the basis of sex if it includes harassment due to actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

C. Jurisdiction of Procedure

1. The University’s Title IX Coordinator or designee will determine if this Grievance Procedure applies to a Complaint. This Grievance Procedure will apply when the following elements are met, in the reasonable determination of the Title IX Coordinator:
   • The conduct alleged occurred on or after August 1, 2024;
   • The conduct alleged occurred in the United States, on campus, off campus, or while studying abroad;
   • The conduct alleged occurred in the University’s Education Program or Activity; and 
   • The conduct alleged, if true, would constitute Sex-Based Harassment as defined in this Grievance Procedure.

Note: The University has an obligation to address a sex-based hostile environment under its Education Program or Activity, even when some conduct alleged to be contributing to the Hostile Environment occurred outside University’s Education Program or Activity, or outside of the United States. The University’s Title IX Coordinator will work with all Complainants to assess such complaints that may fall under these criteria, and direct them to appropriate University Policies and Procedures that may apply if this Grievance Procedure does not. The University will communicate all such decisions in writing to the Complainant. Any such dismissals shall be subject to appropriate appeal rights under this Grievance Procedure as outlined in the Dismissals section below.

2. Conduct that occurs under the University’s Education Program or Activity includes but is not limited to conduct that occurs in a building owned or controlled by a student organization that is officially recognized by the University, and conduct that is subject to the University’s disciplinary authority under Community Rights and Responsibilities (Code). 
3. If all elements of jurisdiction are met, The University will investigate the allegations according to this Grievance Procedure as appropriate, unless informal resolution is pursued or there are grounds for dismissal of the complaint.

D. Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, race, color, national origin, religion, creed, age, disability, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, criminal conviction, or other protected classes covered by applicable federal, state, or local law. All requirements and protections are equitably provided to individuals regardless of such protected status(es) or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the U.S. Department of Education’s Office for Civil Rights. Individuals may also file complaints with the New York State Division of Human Rights (DHR).

E. Students’ Bill of Rights

1. All Students have the right to:
   • Make a report to local law enforcement and/or state police;
   • Have disclosures of Domestic Violence, Dating Violence, Stalking, and Sexual Assault treated seriously;
   • Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
   • Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
   • Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
   • Be free from any suggestion that the Reporting Individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
   • Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
   • Be protected from Retaliation by the institution, any Student, the Accused and/or the Respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
   • Access to at least one level of appeal of a determination;
   • Be accompanied by an advisor of choice who may assist and advise a Reporting Individual or Complainant, Accused, or Respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
   • Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

F. Disability Accommodations

Generally

1. This procedure does not alter any institutional obligations under applicable federal state, and/or local disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, among others. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Procedure that do not fundamentally alter the Procedures. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

Requests for Reasonable Accommodations During the Title IX Grievance Procedure

1. If the Complainant or Respondent discloses a disability, the Title IX Coordinator may consult, as appropriate, with Disability Access and Inclusion Student Services (DAISS) to provide support to students with disabilities to determine how to comply with applicable law including, without limitation, Section 504 of the Rehabilitation Act of 1973 in the implementation of any Supportive Measures, or any other reasonable accommodations requested during the Grievance Procedure.

G. Policy for Alcohol and/or Drug Use Amnesty

1. The health and safety of every student at the University is of utmost importance. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The University strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to the University’s officials or law enforcement will not be subject to the University’s code of conduct for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

H. Basic Requirements of the Grievance Procedure

1. The University is required to:
   • Treat Complainants and Respondents equitably;
   • Ensure that any person designated by the University as a Title IX Coordinator, investigator, or decisionmaker does not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent;
   • Establish reasonably prompt timeframes for the major stages of this Grievance Procedure, including a process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the Parties that includes the reason for the delay;
   • Ensure that reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the Grievance Procedure are taken, provided that the steps do not restrict the abilities of the Parties to obtain and present evidence, including by speaking to witnesses (as long as such does not result in Retaliation), consult with their family members, confidential resources, or advisors, or otherwise prepare for or participate in this Grievance Procedure;
   • Ensure an objective evaluation of all evidence that is Relevant and not otherwise impermissible under this Procedure, including both inculpatory and exculpatory evidence, and provide that credibility determinations must not be based on a person’s status as a Complainant, Respondent or Witness;
   • Exclude impermissible evidence from consideration as defined in the Grievance Procedure; and
   • Clearly articulate principles for how the University will determine which policies and procedures apply if not all such complaints are handled under this institutional Grievance Procedure.
2. Per New York State law, the University is also required to additionally ensure that Complainants are advised of their right to:
   • Notify University Police, local law enforcement, and/or state police;
   • Have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a Complainant to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible, and detailing that the criminal justice process utilizes different standards of proof and evidence and that any questions about whether a specific incident violated New York Penal Law should be addressed to law enforcement or to the district attorney, who shall also explain whether he or she is authorized to offer the reporting individual confidentiality or privacy, and shall inform the Complainant of other reporting options;
   • Disclose confidentially the incident to institution representatives, who may offer confidentiality pursuant to applicable laws and can assist in obtaining services for Complainants;
   • Disclose confidentially the incident and obtain services from the state or local government;
   • Disclose the incident to institution representatives who can offer privacy or confidentiality, as appropriate, and can assist in obtaining resources for reporting individuals;
   • File a report of sexual assault, domestic violence, dating violence, and/or stalking and the right to consult the Title IX Coordinator and other appropriate institution representatives for information and assistance, ensure that Complainants know that reports shall be investigated in accordance with this Grievance Procedure and/or any other institutional policies that may be applicable, and ensure that a Complainant’s identity will remain private at all times if said Complainant wishes to maintain privacy;
   • Disclose, if the accused is an employee of the University the incident to the University s Human Resources Department or the right to request that a confidential or private employee assist in reporting to the appropriate representative for the Human Resources Department, at which point, such referral shall be handled according to the appropriate policies and procedures related to employee complaints;
   • Receive assistance from appropriate University representatives in initiating legal proceedings in family court or civil court; and
   • Withdraw a complaint or involvement from the University’s Grievance Procedure at any time.

I. Reporting Sex-Based Harassment Occurring Between Students to the University

Non-Confidential Reports

1. Any person may report sex discrimination, including Sex-Based Harassment (whether or not the person reporting is the person alleged to be the victim of the conduct that may constitute sex discrimination or Sex-Based Harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Contact Information for the Title IX Coordinator at the University:

Name: Anette Lippold 
Title: Interim Title IX Coordinator
Office Address: Campus Center 357
Email Address: [email protected] 
Telephone Number: 518-442-3800

Confidential Reports

1. The following officials at the University will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited by Title IX:
   • Title IX Coordinator or designee(s);
   • Officials with authority to institute corrective measures under Title IX;
   • University Police;
   • All other employees at the University who are not designated as confidential resources
2. The following officials at the University may provide confidentiality:
   • Counseling and Psychological Services;
   • Chaplains at Interfaith;
   • Office of Health Promotion, including Survivor Advocate
3. There are other confidential options available for crisis intervention, resources and referrals, but these are not reporting mechanisms to the University, meaning that disclosure on a call to one of these hotlines does not provide any information to the University.
4. Complainants are encouraged to additionally contact a campus confidential or private resource so that the University can take appropriate action in these cases. Some resources for confidential disclosure not to the institution are:
   • The New York State Office for the Prevention of Domestic Violence hotlines: Additional disclosure and assistance options that can by calling 1-800-942-6906;
   • Legal Momentum;
   • NYSCASA;
   • NYSCADV;
   • Pandora’s Project;
   • RAINN; and
   • Safe Horizons.

Privacy versus Confidentiality

1. References made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or University officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean University offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. The University will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

At the First Instance of Disclosure of a Report

1. The University shall ensure that, at a minimum, at the first instance of disclosure by a Complainant to a University representative, the following information shall be presented to the Complainant: “You have the right to make a report to University police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from Retaliation for reporting an incident; and to receive assistance and resources from your institution.”

J. Supportive and Interim Measures

Providing Supportive Measures

1. Complainants who report allegations of Sex-Based Harassment have the right to receive supportive measures from the University regardless of whether they file a complaint. Supportive measures are non-disciplinary and non-punitive. Supportive measures may vary depending upon what is reasonably available at the University.
2. As appropriate, supportive measures may include without limitation:
   • Counseling services
   • Extensions of deadlines or other course-related adjustments
   • Modifications of work or class schedules
   • Campus escort services, as available
   • Restrictions on contact applied to one or more Parties (no contact orders)
   • Changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative
   • Leaves of absence
   • Increased security and monitoring of certain areas of the campus
   • Training and education programs related to Sex-Based Harassment
   • Assistance by the University’s police or security forces, if applicable, or other officials in obtaining an order of protection or, if outside of New York state, an equivalent protective or restraining order
3. Supportive measures must not unreasonably burden either Party and must be designed to protect the safety of the Parties or the University’s educational environment, or to provide support during the University’s Sex-Based Harassment grievance procedures under this policy, or during informal resolution under this procedure.
4. The University may modify or terminate supportive measures at the conclusion of the grievance procedure, or at the conclusion of the informal resolution process, or may continue them beyond that point within the University’s discretion.
5. The University will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one Party of supportive measures provided to another Party, unless necessary to provide the supportive measure or restore or preserve a Party’s access to the University’s Education Program or Activity, or there is an exception that applies, such as:
   • the University has obtained prior written consent from a person with the legal right to consent to the disclosure;
   • When the information is disclosed to an appropriate third Party with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
   • To carry out the purpose of the policy when it is necessary to address conduct that reasonably may constitute Sex-Based Harassment under Title IX in the University’s Education Program or Activity;
   • As required by Federal law, federal regulations, or the terms and conditions of a federal award; o
   • To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part 99). 

Note on Orders of Protection and their equivalent: the University must provide a copy of the order of protection or equivalent when it is received by the University, and Parties shall have the opportunity to meet or speak with the Title IX Coordinator, who can explain the order and answer questions about it, including information from the order about the Accused’s/Respondent’s responsibility to stay away from the protected person or persons. Parties are entitled to an explanation of the consequences for violating these orders, including without limitation, arrest, additional conduct charges, and interim suspension or emergency removal, as applicable. A Complainant is also entitled to receive assistance from University Police in effecting an arrest when an individual violates an order of protection or, if University Police does not possess arresting powers, then to call on and assist local law enforcement in effecting an arrest for violating such order, in accordance with limits on current law enforcement jurisdiction and procedures.

Process for Review of Supportive Measures

1. The University provides for a Complainant or Respondent to seek modification or reversal of the University’s decision to provide, deny, modify or terminate a supportive measure. Grounds for challenge of supportive measures include, but are not limited to:
   • Whether a supportive measure is reasonably burdensome;
   • Whether a supportive measure is reasonably available;
   • Whether a supportive measure is being imposed for punitive or disciplinary reasons;
   • Whether the supportive measure is being imposed without fee or charge; and
   • Whether the supportive measure is effective in meeting the purposes for which it is intended, including to restore or preserve access to the Education Program or Activity, provide safety, or provide support during the Grievance Procedure.
2. Request for a modification or reversal of a supportive measure must be timely and should be submitted within three (3) business days. The University will conduct a fact specific inquiry into timeliness.
3. This review will be conducted by an impartial employee of the University, who did not make the challenged decision on the original supportive measure request. The impartial employee of the University who makes this determination will have the authority to modify or reverse the decision if that impartial employee determines that the decision to provide, deny, modify or terminate the supportive measure was inconsistent with the procedures as outlined above for providing supportive measures in accordance with the Title IX regulations.
4. Parties are only allowed to challenge their own individual supportive measures. Challenges by one Party will not be heard to supportive measures afforded to the opposite Party, unless that supportive measure directly impacts the Party making such challenge (i.e., two-way no contact orders).

Emergency Removal

1. The University retains the authority to remove a Respondent from all or part of The University’s Education Program or Activity on an emergency basis, where the University (1) undertakes an individualized safety and risk analysis, and (2) determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of Sex-Based Harassment justifies removal.
2. Both the Accused/Respondent and the Complainant shall, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of an Emergency Removal. The Accused/Respondent or Complainant shall be allowed to submit evidence in support of their request. 
3. The request for review must be submitted in writing to the Director of Community Standards (by email: [email protected] or, if permissible, in person: Campus Center 137) within 2 calendar days of the imposition of Temporary and/or Administrative Directives.
4. The University may establish an appropriate schedule for the Accused/Respondent to access applicable University buildings and property at a time when such buildings and property are not being accessed by the Complainant.
5. The decisionmaker who hears a challenge to an emergency removal must not be involved in any decision regarding responsibility or appeal of a determination.
6. Emergency removals will not be considered Relevant evidence that can be considered in reaching a determination of whether Sex-Based Harassment occurred.

Administrative Leave

1. The University retains the authority to place a non-student employee Respondent on administrative leave during the Grievance Procedure, consistent with collective bargaining agreements.

Note on student employees: When a Complainant or Respondent is both a student and an employee of the University, the University must make a fact-specific inquiry to determine whether this procedure applies to that student employee, the University will consider if the Complainant or Respondent’s primary relationship with the University is to receive an education and whether the alleged Sex-Based Harassment occurred while the Party was performing employment-related work.

K. The Title IX Grievance Procedure for Sex-Based Harassment Occurring Between Students

1. Filing a Complaint

Who can make a Complaint?

• A Complainant (as defined in Section VI(6) of this Grievance Procedure); or
• The Title IX Coordinator.

Note on Title IX Coordinator initiated Complaints: In the absence of a Complaint or the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an Informal Resolution process, the Title IX Coordinator must determine whether to initiate a Complaint of Sex-Based Harassment. This determination is fact-specific, and the Title IX Coordinator must consider:

• The Complainant’s request not to proceed with the initiation of a Complaint;
• The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
• The risk that additional acts of Sex-Based Harassment would occur if a complaint is not initiated;
• The severity of the alleged Sex-Based Harassment, including whether the Sex-Based Harassment, if established, would require the removal of a Respondent from campus or imposition of another Disciplinary Sanction to end the Sex-Based Harassment and prevent its recurrence;
• The age and relationship of the Parties, including whether the Respondent is an employee of the University;
• The scope of the alleged Sex-Based Harassment, including information suggesting a pattern, ongoing Sex-Based Harassment, or Sex-Based Harassment alleged to have impacted multiple individuals;
• The availability of evidence to assist a decisionmaker in determining whether Sex-Based Harassment occurred; and
• Whether the University could end the alleged Sex-Based Harassment and prevent its recurrence without initiating this Grievance Procedure.

a. If after considering these and other Relevant factors, the Title IX Coordinator determines that the conduct as alleged presents as an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents the University from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint.

b. If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing Supportive Measures as listed in Section VI of this Grievance Procedure.

Is there a particular format that the Complaint needs to be in?

a. As defined in VI(6) of this Grievance Procedure, a Complaint can be an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged Sex-Based Harassment at the institution.

Who can I report a Complaint to?

a. Any reports of Sex-Based Harassment may be made directly to the Title IX Coordinator, whose contact information is listed at the beginning of this Grievance Procedure. There are other ways in which a Party may report a Complaint.

b. The University requires that any employee who is not a Confidential Employee and who either has authority to institute corrective measures on behalf of the University or has responsibility for administrative leadership, teaching, or advising in the University’s Education Program or Activity must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute Sex Discrimination, including Sex-Based Harassment.

c. All other employees at the University who are not Confidential Employees and are not employees as identified above are required to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute Sex-Discrimination, including Sex-Based Harassment.

Note: If an employee has personally been subject to conduct that reasonably may constitute Sex Discrimination, including Sex-Based Harassment, under Title IX or any institutional policy or this Grievance Procedure, these requirements do not apply to an employee reporting a personal Complaint.

What is the timeframe for the University to evaluate if the Title IX Coordinator is initiating an investigation under this Grievance Procedure?

a. The Title IX Coordinator must evaluate whether the Complaint falls under this Grievance Procedure a reasonably prompt time after the Complaint is made and must issue the Notice of Allegations as soon as practicable after the Complaint is evaluated. If there are any delays or extensions, the Title IX Coordinator must appropriately notice the Parties in writing, on a case-by-case basis, with good cause and the rationale for the extension or delay.

Can I make a Complaint and request initiation of the Grievance Procedure even if I have made a complaint to law enforcement?

a. Yes. The University has an obligation to appropriately evaluate all Complaints, regardless of whether there is a concurrent complaint before law enforcement. This process is an administrative process that is different from the criminal justice process. Per New York state law, it is required that the University’s process run concurrently with a criminal justice investigation and proceeding, however, temporary delays are allowed as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten days except when law enforcement specifically requests and justifies a longer delay.

2. Multi-Party Situations and Consolidation of Complaints

a. The University may consolidate complaints alleging Sex-Based Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of Sex-Based Harassment arise out of the same facts or circumstances. 

b. The University can consider factors when making this fact-specific determination, which include, but are not limited to:

• The facts and circumstances of the particular complaints when deciding whether to consolidate, including the toll of separate proceedings on the Parties; and
• Any risks to the fairness of the investigation or outcome.

3. Allegations Potentially Falling Under Two or More Policies

a. If the conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied in the investigation and adjudication of all of the allegations.

4. Dismissal of a Complaint

Grounds for Dismissal

a. The University may dismiss a complaint of Sex-Based Harassment for any of the following reasons:

• The University is unable to identify the Respondent after taking reasonable steps to do so;
• The Respondent is not participating in the University’s Education Program or Activity and is not employed by the University;
• The Complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint of these procedures, and the University determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute Sex-Based Harassment under Title IX or this Grievance Procedure even if proven; or
• The University determines that the conduct alleged in the complaint, even if proven, would not constitute Sex-Based Harassment under Title IX or these procedures. Note: The University must make reasonable efforts to clarify the allegations with the Complainant before dismissing under this basis.

Notice of Dismissal

a. If the University dismisses a complaint, the University is required to promptly notify the Complainant of the basis for dismissal.

b. If the dismissal of the complaint occurs before a Notice of Allegations is issued to the Respondent, the Title IX Coordinator does not need to notice the Respondent at that time. However, if the Complainant appeals the dismissal, the Respondent will need to be noticed of the complaint allegations and given an opportunity to respond to the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the University must notify the Respondent and Complainant of the dismissal and the basis for the dismissal simultaneously in writing.

c. Appeal rights must also be outlined in any notification of dismissal of a complaint, as included below under Appeals of Dismissals.

Appeals of Dismissals

a. The University must notify the Complainant that a dismissal may be appealed and provide the Complainant with an opportunity to appeal the dismissal of a complaint within seven (7) calendar days of receiving notice of the dismissal on the following grounds:

• Procedural irregularity: procedural irregularity that affected the outcome of the matter (i.e., a failure to follow the University’s own policy to a degree that had material effect on the outcome of the matter);
• New evidence: New evidence that would change the outcome and that was not reasonably available when the determination whether Sex-Based Harassment occurred or dismissal of the complaint was made; and/or
• The Title IX Coordinator, investigator(s), or decisionmaker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome of the matter.

b. If the dismissal occurs after the Respondent has been notified of the allegations, then the University must also notify the Respondent that the dismissal may be appealed on the grounds set forth above.

c. Supportive measures and remote learning opportunities (if possible) remain available during the pendency of the appeal.

d. If a Party appeals after the Respondent has been notified of the allegations, the institution will as soon as practicable notify the Respondent in writing of the appeal.

e. Appeals may be no longer than five (5) pages (including attachments). Appeals should be submitted in electronic form using Arial or Times New Roman, 12-point font, and single-spaced. Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the Party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.

f. Appeals will be decided by an ad hoc appeals panel convened by the University’s Chief Enterprise Risk Management & Compliance Officer, whose members will be free of conflict of interest and bias, and will not have served as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter. The outcome of the appeal will be provided in writing and will include the rationale for the decision. If the dismissal occurs after the Respondent has been notified of the allegations, the outcome of the appeal will be provided simultaneously to the Respondent.

5. Notice of Allegations

a. Upon initiating the University’s Grievance Procedures, the Title IX Coordinator shall provide a notice of allegations in writing to the Parties whose identities are known. Such notice will occur as soon as practicable after the University receives a complaint, if there are no extenuating circumstances. What does the Notice of Allegations Include?

b. The written Notice of Allegations must include:

• The University’s Grievance Procedures and the University’s Informal Resolution process;
• Sufficient information available at the time of the issuance of the Notice of Allegations to allow the Parties to respond to the allegations, which includes the identities of the Parties involved in the incident(s), the conduct alleged to constitute Sex-Based Harassment under the Grievance Procedures, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available to the University;
• A statement that the Parties are entitled to:
  • an equal opportunity to access the Relevant and not otherwise impermissible evidence; or
• A statement that the Respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of the University’s Grievance Procedures and that prior to the determination, the Parties will have an opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
• Parties may have an advisor of their choice, and that the advisor may be, but is not required to be, an attorney;
• The University’s code of conduct prohibits knowingly making false statements or knowingly submitting false information during the University’s Grievance Procedures, and
• If, in the course of an investigation, the University decides to investigate additional allegations of Sex-Based Harassment by the Respondent toward the Complainant that are not included in the original written Notice of Allegations provided, the University is required to provide written notice of any additional allegations to the Parties whose identities are known.

What if the University decides to investigate additional allegations of Sex-Based Harassment?

a. If, in the course of an investigation, the University decides to investigate additional allegations of Sex-Based Harassment by the Respondent toward the Complainant that are not included in the original issued written Notice of Allegations, or that are included in a complaint that is consolidated under this Grievance Procedure, the University shall provide notice of the additional allegations to the Parties whose identities are known.

What if I have safety concerns about a Notice of Allegations being issued to a Respondent?

a. To the extent that the University has reasonable concerns for the safety of any person as a result of providing a written Notice of Allegations, the University through the Title IX Coordinator, may reasonably delay providing the written Notice of Allegations in order to address the safety concern appropriately. Reasonable concerns must be based on individualized safety and risk analysis and not on mere speculation or stereotypes.

6. Advisor of Choice and Participation of Advisor of Choice

a. A Party’s advisor of choice may accompany the Party to any meeting or proceeding and the University cannot limit the choice of who that advisor may be or their presence for the Parties in any meeting or proceeding unless such advisor does not follow the University’s established rules of decorum and rules around participation.

7. Investigation

General Rules of Investigations

a. The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation of the conduct alleged to constitute Sex-Based Harassment in a reasonably prompt timeframe, after issuing the Notice of Allegations.

b. The University, and not the Parties, have the burden to conduct an investigation that gathers sufficient evidence to determine whether Sex-Based Harassment occurred under this Grievance Procedure. This burden does not rest with either Party, and either Party may decide not to share their account of what occurred, or may decide not to participate in the investigation or hearing. This does not shift the burden of proof away from the University and does not indicate responsibility.

c. The University cannot access, consider, or disclose medical records without a waiver from the Party (or parent, if applicable) to whom the records belong, or of whom the records include information. The University will provide an equal opportunity for the Parties to present witnesses, including fact and expert witnesses, and other inculpatory or exculpatory evidence, as described below.

Notice of Participation

a. The University will provide written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate, if a Party is invited or expected to participate in any such meeting or proceeding.

Advisors of Choice and Participation of Advisors of Choice

a. The University will provide the Parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and will not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding.

b. The University has a long-standing practice of requiring Students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an advisor of choice to any meeting or hearing to which they are required or are eligible to attend. The advisor of choice is not an advocate. Except where explicitly stated by this policy, advisors of choice shall not participate directly in the process as per standard policy and practice of the University.

Expert Witnesses

a. Parties may present expert witnesses as part of an investigation. Parties are allowed to call “expert witnesses” for direct examination and credibility assessment by the hearing board and cross examination.  While the expert witness will be allowed to testify, the decisionmaker will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses regardless of whether all Parties present experts as witnesses.

Character Witnesses

a. The University allows Parties to submit a written statement from character witnesses on their own behalf to be submitted 48 hours before the scheduled hearing. While the character witnesses will be allowed to be submitted, the decisionmaker will be instructed to afford weight to the statement in accordance with the regulations.

Adverse inference for retaliatory conduct

a. Where a Party or witness’ conduct or statements demonstrate that the Party or witness is engaging in retaliatory conduct, including, without limitation, witness tampering or intimidation, the decisionmaker may draw an adverse inference as to that Party or witness’ credibility.

Investigative report

a. The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an investigative report that fairly summarizes relevant evidence, and will provide that report to the parties at least ten (10) calendar days prior to the hearing in an electronic format or a hard copy for each party’s review and written response.

b. The investigative report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.

c. Only relevant evidence (including both inculpatory and exculpatory – i.e. tending to prove and disprove the allegations - relevant evidence) will be referenced in the investigative report.

d. The investigator may redact irrelevant information from the investigative report when that information is contained in documents or evidence that is/are otherwise relevant.

Access to and Review of the Investigative Report

a. The Title IX Coordinator and/or investigator designated by the Title IX Coordinator will provide each Party and their advisors of choice with an equal opportunity to access and review an accurate description of the Relevant evidence collected throughout the investigation that is not otherwise impermissible in the form of an investigative report.

b. The Parties and their advisors of choice will also have an equal opportunity to access and review the underlying Relevant and not otherwise impermissible evidence summarized in the investigative report upon the request of any Party. 

c. The Title IX Coordinator and/or investigator designated by the Title IX Coordinator will provide each Party and their advisors of choice with a reasonable opportunity to respond to the investigative report. Both Parties will have the opportunity to respond to the investigative report prior to the live hearing.

d. The University will take reasonable steps to prevent and address the Parties’ and their advisors of choice’s unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure. Participating individuals who engage in the unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure may be subject to the University’s Community Rights and Responsibilities and other University policies and/or procedures that may apply.

Note: Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the complaint of Sex-Based Harassment are authorized and not considered unauthorized disclosures potentially subject to other disciplinary action.

Review and Access to Relevant and Not Otherwise Impermissible Evidence

a. Each Party will have an equal opportunity to present fact witnesses and other inculpatory and exculpatory evidence that is Relevant and not otherwise impermissible, to the Title IX Coordinator and/or an investigator designated by the Title IX Coordinator. 

• All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins.
• The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format or a hard copy. The Institution is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.
• The parties will have ten (10) calendar days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report.
• Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

b. The Title IX Coordinator and/or investigator designated by the Title IX Coordinator will review all evidence gathered through the investigation and determine what evidence is Relevant and what evidence is impermissible regardless of relevance, consistent with this Grievance Procedure.  

c. Each Party and their advisor of choice will have an equal opportunity to review and access the evidence that is Relevant to the allegations of sex-based discrimination and not otherwise impermissible regardless of relevance prior to the conclusion of the investigation. The Title IX Coordinator and/or investigator designated by the Title IX Coordinator will provide each Party with a reasonable opportunity to respond to the evidence. Both Parties will have the opportunity to respond to the evidence prior to and during the live hearing.

d. The University will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure. Participating individuals who engage in the unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure may be subject to the University’s Community Rights and Responsibilities and other University policies and/or procedures that may apply.

• The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process.
• The parties and their advisors agree not to photograph or otherwise copy the evidence.
• Note: Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the complaint of Sex-Based Harassment are authorized and not considered unauthorized disclosures potentially subject to other disciplinary action.

Relevant Evidence

a. Evidence is Relevant when it is related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure. 

b. Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.

Impermissible Evidence

a. The following types of evidence, and questions seeking that evidence, are excluded as impermissible (i.e., must not be accessed or considered, except by the University to determine whether an exception applies, must not be disclosed, and must not otherwise be used) regardless of whether they are Relevant:

• Evidence that is protected under a privilege as recognized by Federal or State law or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless the University obtains that Party’s or witness’s voluntary, written consent for use in the University’s Grievance Procedure; and
• Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove Consent to the alleged Sex-Based Harassment. Note: the fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s Consent to the alleged Sex-Based Harassment or preclude determination that Sex-Based Harassment occurred.

Timeframes

a. An investigation shall take place in a reasonably prompt timeframe.

Extensions and Delays

a. The University allows for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice to the Parties that includes the reason for the extension or delay.

8. Live Hearing

General Rules for Live Hearings 

a. The University will not issue a finding or disciplinary sanction arising from an allegation of Sex-Based Harassment without holding a live hearing unless otherwise resolved through an informal resolution process as outlined in this Grievance Procedure.

b. The live hearing may be conducted with the Parties physically present in the same geographic location. The University has the discretion to conduct the live hearing with the Parties physically present in separate locations, with technology enabling the decisionmaker and Parties to simultaneously see and hear the Party or the witness while that person is speaking. A Party may also request this option prior to the hearing.

c. The University shall create an audio or audiovisual recording or transcript of any live hearing and make it available to the Parties for inspection and review.

Participants in the Live Hearing

a. Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows:

Complainant and Respondent (The Parties)

a. If a Party chooses not to participate in the process or the hearing, the live hearing may still proceed in the absence of a Party, and the University may reach a determination of responsibility in their absence, including through any evidence gathered and other witness statements. The University will not threaten, coerce, intimidate or discriminate against any Party in an attempt to secure the Party’s participation. The decisionmaker cannot draw an inference about the determination regarding responsibility based solely on a Party’s absence from the live hearing, or a refusal to answer questions.

b. The Parties shall be subject to the University’s rules of decorum.

The Decisionmaker

a. The hearing body will consist of a panel of no less than three decisionmakers. No member of the hearing body will have served as the Title IX Coordinator, Title IX investigator or advisor to any Party in the case, nor may any member of the hearing body serve on the appeals body in the case. No member of the hearing body will have a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor of or against the Parties to the particular case. The hearing body will be trained prior to serving during any hearing. The Parties will have an opportunity to raise any objections regarding a decisionmaker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.

Advisor of Choice

a. The Parties have the right to select an advisor of their choice, who may be, but is not required to be, an attorney. The advisor of choice may accompany the Parties to any meeting or hearing they are permitted to attend but may not speak for the Party. An advisor of choice is not prohibited from being a witness in the hearing. Advisors of choice are subject to the University’s rules of decorum and may be removed upon violation of those rules.

Witnesses

a. Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from Retaliation. Witnesses are subject to the University’s rules of decorum, and may be removed upon violation of those rules.

Hearing Procedures

a. For all live hearings conducted, the hearing chair will open and establish rules and expectations for the hearing. The Parties will each be given an opportunity to provide opening statements. Questioning of the Parties and witnesses will occur according to the procedures below.

Questioning Parties and Witnesses

a. During a live hearing, each Party is allowed to ask Relevant and not otherwise impermissible questions and follow-up questions of the Parties and witnesses through the hearing panel. No questioning to another Party or witness will be conducted by a Party personally.

Procedures for Decisionmaker’s Evaluation of Questions and Limitation on Questions

a. The panel of at least three decisionmakers will determine whether a proposed question is Relevant and not otherwise impermissible as described in this Grievance Procedure, prior to the question being posed, and will explain any decision to exclude a question as not Relevant or otherwise impermissible.

b. If a panel of at least three decisionmakers determines that a Party’s question is Relevant and not otherwise impermissible, then the question must be asked unless such question is unclear or harassing of the Party or witness being questioned. The panel of at least three decisionmakers must give a Party an opportunity to clarify or revise a question that the panel of at least three decisionmakers has determined is unclear or harassing and, if the Party sufficiently clarifies or revises a question so that it is no longer unclear or harassing, the question must be asked.

Refusal to Respond to Questions and Inferences Based on Refusal to Respond to Questions

a. A panel of at least three decisionmakers may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible.

b. The panel of at least three decisionmakers must not draw an inference about whether Sex-Based Harassment occurred based solely on a Party’s or witness’s refusal to respond to such questions.

Continuances or Granting Extensions

a. The University may determine that multiple sessions or a continuance (a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, the University will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Newly discovered Evidence

a. As a general rule, no new evidence or witnesses may be submitted during the live hearing.

b. If a Party identifies new evidence or witnesses that were not reasonably available prior to the live hearing and could affect the outcome of the matter, the Party may request that such evidence or witnesses be considered at the live hearing.

c. The Hearing Chair will consider this request and make a determination regarding (1) whether such evidence or witness testimony was actually unavailable by reasonable effort prior to the hearing, and (2) whether such evidence or witness testimony could affect the outcome of the matter. The Party offering the newly discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence.

d. If the Hearing Chair answers in the affirmative to both questions, then the Parties will be granted a reasonable pause in the hearing to review the evidence or prepare for questioning of the witness.

9. Determination Regarding Responsibility and Sanctioning

Standard of Proof

a. The University uses the preponderance of the evidence standard of proof to determine whether or not Sex-Based Harassment occurred. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Grievance Procedures occurred.

General Considerations for Evaluating Evidence and Testimony

a. The decisionmaker is required to evaluate Relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that Sex-Based Harassment occurred, whatever the quantity of the evidence is, the decisionmaker must determine that Sex-Based Harassment has not occurred.

b. Determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the decisionmaker. Decisionmakers shall not draw inferences regarding a Party or witness’ credibility based on the Party or witness’ status as a Complainant, Respondent, or witness, nor shall it base its judgments in stereotypes about how a Party or witness would or should act under the circumstances.

c. Generally, credibility judgments should rest on the demeanor of the Party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. However, credibility judgments should not rest on whether a Party or witness’ testimony is non-linear or incomplete, or if the Party or witness is displaying stress or anxiety.

d. Decision makers will afford the highest weight relative to other testimony to first-hand testimony by Parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

e. A witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

Expert Witnesses

a. Parties may present expert witnesses as part of an investigation. Parties are allowed to call “expert witnesses” for direct examination and cross examination.  While the expert witness will be allowed to testify, the decisionmaker will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses regardless of whether all Parties present experts as witnesses.

Character Witnesses

a. The University allows Parties to submit a written statement from character witnesses on their own behalf to be submitted 48 hours before the scheduled hearing. While the character witnesses’ written statements will be allowed to be submitted, the decisionmaker will be instructed to afford weight to the statement in accordance with the regulations.

b. Where a Party or witness’ conduct or statements demonstrate that the Party or witness is engaging in retaliatory conduct, including without limitation, witness tampering and intimidation, the decisionmaker may draw an adverse inference as to that Party or witness’ credibility.

Communication of the Determination in Writing

a. All determinations on whether Sex-Based Harassment occurred will be communicated to the Parties in writing, simultaneously.

b. The written determination will include:

• A description of the alleged Sex-Based Harassment;
• Information about the policies and procedures that the University used to evaluate the allegations;
• The decisionmaker’s evaluation of the Relevant evidence and determination on whether Sex-Based Harassment occurred;
• Any Disciplinary Sanctions the University will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions will be provided by the University to the Complainant, and, to the extent appropriate, other students identified by the University to be experiencing the effects of Sex-Based Harassment, if there is a finding that Sex-Based Harassment occurred; and
• The University’s procedures for Complainant and Respondent to appeal.

Timeline of Determination Regarding Responsibility

a. If there are no extenuating circumstances, the determination regarding responsibility will be issued by the University within a reasonably prompt timeframe of the completion of the hearing.

Determination of Disciplinary Sanctions After a Finding of Responsibility

a. Upon a finding that the Respondent committed Sex-Based Harassment, the hearing panel may impose any sanction allowed by the University's Community Rights and Responsibilities.

b. Per New York state law, past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction. However, it is not admissible prior to determination of responsibility.

c. In addition, the Parties will have an opportunity to make an impact statement during the point of the proceeding where the decisionmaker is deliberating on appropriate sanctions.

Finality of Determination

a. The determination regarding responsibility becomes final either on the date that the University provides the Parties with the written determination of the result of any appeal, or, if no Party appeals, the date on which an appeal would no longer be considered timely.

Disclosures of Outcome by the Parties

a. The Complainant and Respondent have the right to choose whether to disclose or discuss the outcome of a conduct or judicial process related to sexual assault, dating violence, domestic violence, or stalking  

b. The Complainant and Respondent have the right to have all information obtained during the course of the conduct or judicial process be protected from public release until the appeals panel makes a final determination unless otherwise required by law.

10. Appeals

a. Each Party may appeal a determination regarding responsibility. To appeal, a Party must submit their written appeal within seven (7) calendar days of being notified of the decision, indicating the grounds for appeal.

b. For appeals resulting from dismissal of a complaint, please see the section on Dismissal of Complaints.

Grounds for Appeal

a. The limited grounds for appeal are as follows:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the determination whether Sex-Based Harassment occurred or dismissal was made; and/or
• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.

Additional Procedures for Appeal Process

a. The University will notify the Parties of any appeal, provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and will notify the Parties of the result of the appeal and the rationale for the result.

b. The submission of an appeal stays (or pauses) any sanctions for the period during which an appeal determination is being assessed. Supportive measures and remote learning opportunities remain available while an appeal is being deliberated and before a final decision has been made.

c. Appeals may be no longer than 12 pages not including attachments. Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the Party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.

d. Appeals will be decided by an appeals panel, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter.

11. Informal Resolution

Procedures for Entering and Exiting Informal Resolution Process

a. At any time prior to determining whether Sex-Based Harassment occurred under this Grievance Procedure, including prior to making a Complaint, Parties may instead seek the University’s assistance to resolve allegations of Sex-Based Harassment, and may elect to enter the informal resolution process. 

b. The Parties may voluntarily elect to enter the University’s informal resolution process at any time through an informed written consent. This informed written consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.

c. No Party may be required to participate in informal resolution, and the University may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution. 

d. The Parties may elect to leave the informal resolution process at any point until the informal resolution process is concluded. If a Party elects to leave the informal resolution process, the Grievance Procedure that the Parties paused will continue. In participating in the informal resolution process, the Parties understand that the timeframes governing the Grievance Procedure will temporarily cease, and only reinstate upon reentry into the Grievance Procedure.

e. Supportive Measures will be available, or continue to be available if already provided, during an informal resolution process, if elected to proceed. The Title IX Coordinator will also, to the extent necessary, take other appropriate prompt and effective steps to ensure that Sex-Based Harassment does not continue or reoccur within the University’s Education Program or Activity.

Notice Prior to Entry Into Informal Resolution Process

a. Before the initiation of an informal resolution process, the Title IX Coordinator must provide to the Parties a written notice that explains:

• The allegations;
• The requirements of the informal resolution process;
• That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume the University’s Grievance Procedures;
• That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming the University’s Grievance Procedures arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
• What information the University will maintain and whether and how the University could disclose such information for use in its Grievance Procedures if they are initiated or resumed.

Determination to Approve Entry into Informal Resolution Process

a. Even where the Parties agree to submit a matter to informal resolution, the Title IX Coordinator or other designated official may approve the decision to move the matter to the informal resolution process and may determine that informal resolution is not appropriate.

b. Factors that the Title IX Coordinator or other designated official may weigh in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat offender, whether the alleged conduct would present a future risk of harm to others, and whether the Parties are participating in good faith. This determination is not subject to appeal. 

c. At any time after the commencement of the informal resolution process, the Title IX Coordinator or other designated official may determine that the informal resolution process is not an appropriate method for resolving the matter, and may require that the matter be resolved through the Grievance Procedures. This determination is not subject to appeal.

d. If informal resolution is approved or denied, the University will provide the outcome in writing simultaneously to the Parties. If informal resolution is approved, the Title IX Coordinator shall also provide the information of the facilitator in writing to the Parties in a reasonable timeframe once the facilitator is assigned.

Role of the Facilitator

a. Informal resolution processes are managed by trained facilitators. All facilitators must not be the same person as the investigator or the decisionmakers in the University’s Grievance Procedures. Any person designated to facilitate informal resolution must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. The Title IX Coordinator may serve as the facilitator, subject to these restrictions. 

b. All facilitators must have specialized training, required by law and regulation. Such training includes:

• The University’s obligation to address sex discrimination, including Sex-Based Harassment, in its Education Program or Activity;
• The scope of conduct that constitutes sex discrimination, including Sex-Based Harassment, under Title IX, including the definition of Sex-Based Harassment;
• All applicable notification and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and the University’s response to sex discrimination;
• The rules and practices associated with the University’s informal resolution process; and
• How to serve impartially, including by avoiding conflicts of interest and bias.

Contents of Informal Resolution Agreements

a. Potential terms that may be included in an informal resolution agreement between the Parties include but are not limited to:

• Restrictions on contact; and
• Restrictions on the Respondent’s participation in one or more of the University’s education programs or activities or attendance at specific events, including restrictions the University could have imposed as Remedies or Disciplinary Sanctions had the University determined at the conclusion of the Grievance Procedures that Sex-Based Harassment occurred.

Breach of Informal Resolution Agreements

a. If a Party breaches the resolution or if the University has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, the University may void the agreement and initiate or resume the Grievance Procedures.

Confidentiality

a. In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the complaint is confidential. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. As a condition of entering the informal resolution process, any evidence shared or received during the informal resolution process may not be used in any subsequent Grievance Procedure or institutional appeal, unless that evidence or information is obtained by other means during the Grievance Procedure.

Informal Resolution Options

a. The University offers the following informal resolution procedures for addressing complaints of Sex-Based Harassment described under this Grievance Procedure: 

• Administrative Resolution
  
  Should the Parties mutually determine to enter the informal resolution process, and the Respondent elects to accept responsibility for the allegations of the complaint at any point during the informal resolution process, the institution may administratively resolve the complaint. 
  
  Where the Respondent admits responsibility, the Parties will receive simultaneous written notification of the acceptance of responsibility, and the decision-makers will convene to determine the Respondent’s sanction and other Remedies, as appropriate and consistent with institutional policy. The Parties will be given an opportunity to be heard at the sanctions hearing, including, without limitation, the submission of impact statements, and the Parties may be accompanied by their Advisor, but questioning of Parties or witnesses will not be permitted. The Parties will receive simultaneous written notification of the decision regarding sanctions and Remedies, which may be appealed according to the process in these Grievance Procedures in Section J - Appeals.

12. Transcript Notations

a. For crimes of violence, including, without limitation, sexual violence, defined as crimes that meet the reporting requirements pursuant to the Clery Act (20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII)), the University is required to make a notation on the transcript of a student found responsible for suspension or expulsion, per the University’s Community Rights and Responsibilities Section 6.1.F.

13. Retaliation

a. When the University has information about conduct that reasonably may constitute Retaliation under Title IX or its Grievance Procedures, the University is obligated to initiate its Grievance Procedures.

b. The University will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a complaint of Sex-Based Harassment or sex discrimination under the University’s Title IX Grievance Procedures, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under the University’s Title IX Grievance Procedures. 

c. No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

d. No person may intimidate, threaten, coerce, or discriminate against any individual 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 under the University’s Grievance Procedures. 

e. Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes Retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or Sex-Based Harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or complaint of Sex-Based Harassment.