Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures

REFERENCE NUMBER:  1089
EFFECTIVE DATE: 07/17/2026

HUTCHINSON COMMUNITY COLLEGE EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION POLICY FOR ALL FACULTY, STUDENTS, EMPLOYEES, AND THIRD PARTIES (Hereinafter, “the Policy”)

 

  1. Purpose

 

Hutchinson Community College is committed to providing an educational and employment environment that is free from Discrimination based on Protected Characteristics, Harassment, and Retaliation for engaging in protected activity.

 

The College values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved.

 

To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness in all aspects of the education program or activity, the College has developed policies and procedures that provide a prompt, fair, and impartial resolution of allegations of Protected Characteristic Discrimination, Harassment, or Retaliation.

 

  1. Scope

 

The Policy applies to all Employees, Students, and other individuals participating in or attempting to participate in the College’s Education Program or Activities, including education and employment.

 

The Policy prohibits all forms of Discrimination on the basis of the Protected Characteristic(s), and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with the Policy.

 

  1. Notice of Nondiscrimination

 

The College adheres to all federal, state, and local laws, regulations, and ordinances prohibiting Discrimination in public post-secondary education institutions.

 

The College does not discriminate against any Employee, applicant for employment, Student, or applicant for admission on the basis of:

 

The Policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the College community whose acts deny, deprive, or limit the educational or employment, residential, and/or social access, benefits, and/or opportunities of any member of the College community, guest, or visitor on the basis of that person’s actual or perceived Protected Characteristic(s) listed above, is in violation of the Policy.

 

The College will promptly and effectively address any such Discrimination of which it has Notice using the applicable resolution process in the Procedures.

 

  1. Title IX Team Contacts

 

The College has appointed the Title IX Team, comprised of the following individual(s), to coordinate the College’s compliance with federal, state, and local civil rights laws and ordinances:

 

For Discrimination and Harassment allegations [not based on Sex]:
 

Bernadett Dillon
Coordinator of Title IX, Title VI and Compliance
Title IX and Title VI Office

1300 N. Plum
620-665-3512
dillonb@hutchcc.edu
www.hutchcc.edu
 

 

For Sex Discrimination and Sex-based Harassment allegations:

Bernadett Dillon
Coordinator of Title IX, Title VI and Compliance
Title IX and Title VI Office

1300 N. Plum
620-665-3512
dillonb@hutchcc.edu
www.hutchcc.edu

 

 

 

This individual is responsible for providing comprehensive nondiscrimination education and training; coordinating timely, thorough, and fair response; investigation and resolution of all alleged prohibited conduct under the Policy; and monitoring the effectiveness of, and any barriers to, accessing the Policy and related procedures to ensure an education and employment environment free from Discrimination, Harassment, and Retaliation.

 

The College recognizes that allegations under the Policy may include multiple forms of Discrimination and Harassment as well as violations of other College policies; may involve various combinations of Students, Employees, and other members of the College community; and may require the simultaneous attention of multiple College departments. Accordingly, all College departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable Hutchinson Community College policies, to provide uniform, consistent, efficient, and effective responses to alleged Discrimination, Harassment, or Retaliation.

 

 

  1. External Contact Information

 

Concerns about the College’s application of the Policy and compliance with certain federal civil rights laws may be addressed to:

 

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1100

Customer Service Hotline: (800) 421-3481

Facsimile: (202) 453-6012

TDD: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr
 

Office for Civil Rights (OCR)

Kansas City Office

One Petticoat Lane, 1010 Walnut Street, Suite 320

Kansas City, MO, 64106

Email: OCR.KansasCity@ed.gov

 

Fair Housing and Equal Opportunity (FHEO)

U.S. Department of Housing and Urban Development

Region 7 - Great Plains

400 State Avenue, Room 200

Kansas City, KS, 66101

Email: complaints_office_07@hud.gov

 

 

For allegations of Employee-on-Employee misconduct, contact the Equal Employment Opportunity Commission (EEOC).
 

EEOC Regional Office

Gateway Tower II, 400 State Avenue, Suite 905

Kansas City, KS, 66101

 

  1. Mandated Reporting and Confidential Resources

 

All College Faculty and Employees (including Student-Employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions. Supportive measures may be offered as the result of such disclosures without formal College action.

 

Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.

 

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these Employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

 

The following sections describe the available reporting options for a Complainant or third party (including parents/guardians when appropriate):

 

 

    1. Confidential Resources

 

To enable Complainants to access support and resources without filing a Formal Complaint, the College has designated specific Employees as Confidential Resources. Those designated by the College as Confidential Resources are not required to report actual or suspected Discrimination, Harassment, Retaliation, or Other Prohibited Conduct in a way that identifies the Parties. They will, however, offer options and resources without any obligation to inform an outside agency or College official unless a Complainant has requested the information be shared.

 

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following:

 

Institutional therapists and/or the Employee Assistance Program are available to help free of charge and may be consulted on an emergency basis during normal business hours.

 

Failure of a Mandated Reporter, as described above, to report an incident of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct of which they become aware is a violation of the College policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a Respondent is a Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under the Policy.

 

A Mandated Reporter who is themselves a target of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct under the Policy is not required to report their own experience, though they are encouraged to do so.

 

In addition, Complainants may speak with individuals unaffiliated with The College without concern that Policy will require them to disclose information to the institution without permission. Such individuals include:

 

  1. Disability-Based Complaints

 

Complaints related to disability status and/or provision of accommodations are addressed using the procedures in the Equal Opportunity, Harassment, and Nondiscrimination policy. However, allegations of Discrimination or Harassment on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect, will be resolved under these procedures.

 

For details relating to disability accommodations, contact Accessibility Services.

 

For questions about ADA/504:

Lisa Jolliff
Director of Accessibility Services
Accessibility Services

1300 N. Plum
(620) 665-3554
jolliffl@hutchcc.edu
www.hutchcc.edu

 

 

  1. Jurisdiction

 

The Policy applies to the College’s Education Program and Activities, to conduct that takes place on property owned or controlled by The College, at The College-sponsored events, and in any building owned or controlled by a The College-recognized student organization.[1]

 

The Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to the College’s Education Program or Activities. The College may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial College interest.

 

A substantial The College interest includes:
 

  1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any federal, state, or local law.
  2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any Student, Employee, or other individual.
  3. Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and causes social disorder.
  4. Any situation that substantially interferes with the College’s educational interests or mission.

 

For disciplinary action to be issued under the Policy, the Respondent must be a Hutchinson Community College Student or Employee at the time of the Formal Complaint. If the Respondent is unknown or is not a member of the College community, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). The College can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.

 

All vendors serving Hutchinson Community College through third-party contracts are subject to the policies and procedures of their employers.

 

When a party is participating in a dual enrollment program, Hutchinson Community College will coordinate with the party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the Notice under the appropriate policy and procedures based on the allegations and identities of the Parties.

 

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

 

Similarly, the Title IX Coordinator may be able to assist and support a Student or Employee Complainant who experiences Discrimination in an externship, study abroad program, or other environment external to The College where Sexual Harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a Student or Employee’s education or employment environment, those effects can often be addressed remedially by the Title IX Coordinator if brought to their attention.

 

  1. Supportive Measures

 

The College will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to The College’s Education Program or Activity, including measures designed to protect the safety of all Parties and/or The College’s educational environment and/or to deter Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

 

The Title IX Coordinator will promptly make supportive measures available to the Parties upon receiving Notice or a Formal Complaint. At the time that supportive measures are offered, if a Formal Complaint has not been filed, the College will inform the Complainant that they may file a Formal Complaint with the College either at that time or in the future. The Title IX Coordinator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

 

The College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. The College will act to ensure as minimal an academic/occupational impact on the Parties as possible. The College will implement measures in a way that does not unreasonably burden another party.

 

These actions may include, but are not limited to:

 

 

Violations of no contact orders or other restrictions may be referred to appropriate Student or Employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing resolution process under the Policy.

 

  1. Online Harassment and Misconduct

 

The College policies are written and interpreted broadly to include online manifestations of any of the prohibited behaviors below, when those behaviors occur in or have an effect on the College’s Education Program or Activities or when they involve the use of College networks, technology, or equipment.

 

Although the College may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the College, it will engage in a variety of means to address and mitigate the effects.

 

Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites; sharing inappropriate content via social media; unwelcome sexual or Sex-based messaging; distributing, or threatening to distribute, nude or semi-nude photos or recordings; breaches of privacy; or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of the College community.

 

Nothing in the Policy is intended to infringe upon or limit a person’s free speech rights. Any Student’s online postings or other electronic communications, including technology-facilitated Bullying, Stalking, Harassment, etc., occurring completely outside of the College’s control (e.g., not on The College networks, websites, or between College email accounts) will only be subject to the Policy when such online conduct can be shown to cause (or will likely cause) a substantial in-program disruption or infringement on/harm to the rights of others. Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided.

 

Employees’ off-campus harassing speech, whether online or in person, may be regulated by the College only when such speech is made in an Employee’s official or work-related capacity.

 

  1. Gender Identity/Expression

 

The College strives to ensure that all individuals are safe, included, and respected in their education and employment environments, regardless of their gender identity or expression, including intersex, nonbinary, transgender, agender, and gender-diverse Students and Employees.

 

The College does not tolerate Discrimination and Harassment on the basis of gender identity or expression. If a member of the College community believes they have been subjected to Discrimination or Harassment under the Policy, they should follow the appropriate reporting process described.

 

The College uses a number of interventions to address concerns that are raised related to gender-based Discrimination or Harassment, including problem-solving, intervention, confrontation, investigation, and Policy enforcement. When conflicts arise between the rights of members of the community to be free from gender-identity discrimination and those exercising their right to religious freedom, the College will try to balance rights and interests to find mutually agreeable outcomes or compromises. When that is not possible, the College will offer remedial solutions or enforce its Policies while also respecting the rights of all members of its community.

 

 

  1. Prohibited Conduct

 

Students and Employees are entitled to an education and employment environment that is free of Discrimination, Harassment, and Retaliation. The Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom.

 

The sections below describe the specific forms of legally prohibited Discrimination, Harassment, and Retaliation that are also prohibited under the College policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of the College policy, though supportive measures will be offered to those impacted.

 

All offense definitions encompass actual and/or attempted offenses.

 

Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity between incidents where the proof of one could make it more likely that the other(s) occurred, and vice versa. Patterns may exist based on target selection, behavior similarity, or other factors. Where a pattern is found, it can be the basis to enhance sanctions accordingly.

 

Violation of any other the College policies may constitute Discrimination or Harassment when motivated by actual or perceived Protected Characteristic(s), and the result is a limitation or denial of Education or Employment access, benefits, or opportunities.

 

    1. Discrimination

 

Discrimination is different treatment with respect to a person’s employment or participation in an Education Program or Activity based, in whole or in part, upon the person’s actual or perceived Protected Characteristic(s). Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

 

Discrimination can take two primary forms:

 

  1. Disparate Treatment Discrimination:
    • Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived Protected Characteristic and that:
      • Excludes a person from participation in;
      • Denies the person benefits of; or
      • Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.
         
  2. Disparate Impact Discrimination:
    • Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
      • Excludes a person from participation in;
      • Denies the person benefits of; or
      • Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.

 

 

    1. Sexual Harassment

 

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of Kansas regard Sexual Harassment, a specific form of Discriminatory Harassment, as an unlawful discriminatory practice.

 

Acts of Sexual Harassment may be committed by any person upon any other person, regardless of the Sex, sexual orientation, and/or gender identity of those involved.

 

The College has adopted the following definitions of Sexual Harassment in order to address the unique environment of an academic community. Two definitions are required by federal law. While they overlap, they are not identical, and they each apply as noted.

 

  1. Title VII/FHA Sexual Harassment applies to situations where an Employee is subjected to workplace Sexual Harassment or where a situation involves a residential Complainant in College-provided housing.

 

  1. Title IX Sexual Harassment, as an umbrella category, includes the offenses of Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. This definition applies to all Formal Complaints that fall within Title IX jurisdiction as determined by the Title IX Coordinator. Sexual Harassment includes:

 

Conduct on the basis of Sex, or that is sexual in nature, that satisfies one or more of the following:

 

  1. Quid Pro Quo:

 

  1. Sexual Harassment (Hostile Environment):
  1. Sexual Assault:
  1. Rape:
      • Penetration, no matter how slight,
      • of the vagina or anus of a person,
      • with any body part or object, OR
      • Oral penetration
        • of a sex organ of the Complainant, or
        • by the Respondent’s sex organ,
      • without the consent of the Complainant,
      • including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity.

 

  1. Fondling:
      • The touching of the private body parts (buttocks, groin, breasts) of the Complainant by the Respondent, or
      • the Respondent’s private body parts touching the Complainant, or
      • the Respondent causing the Complainant to touch the Respondent’s or their own private body parts,
      • for the purpose of sexual gratification,[4]
      • without the consent of the Complainant,
      • including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity.
         
  2. Incest:

 

  1. Statutory Rape:
  1. Dating Violence:

 

  1. Domestic Violence:[6]

 

  1. Stalking:

             

For the purposes of this definition—

 

    1. Sexual Misconduct

 

  1. Sexual Exploitation:

 

Examples of Sexual Exploitation include, but are not limited to:

 

    1. Other Prohibited Conduct (when motivated by the Complainant’s protected characteristic(s)/status)

 

  1. Bullying:
  1. Endangerment:
  1. Hazing:

For the purposes of this definition:

  1. Retaliation

 

The exercise of rights protected under the First Amendment does not constitute Retaliation. It is also not Retaliation for the College to pursue disciplinary action against those who make materially false statements in bad faith in the course of a resolution process under the Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

 

  1. Failure to Comply/Process Interference

 

    1. Sanction Ranges

 

The following sanction ranges apply to Prohibited Conduct under this policy. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the Respondent’s cumulative disciplinary record.

 

 

    1. Consent, Force, and Incapacitation

 

As used in the Policy, the following definitions and understandings apply:

 

  1. Consent:

 

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

 

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

 

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual activity. Consent is evaluated from the perspective of what a Reasonable Person would conclude are mutually understandable words or actions. Reasonable reciprocation can be implied consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

 

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonably immediate time.

 

Silence or the absence of resistance alone should not be interpreted as consent. Although resistance is not required or necessary, it is a clear demonstration of non-consent.

 

Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of Sexual Assault.

 

Proof of consent or non-consent is not a burden placed on any party involved in a Formal Complaint. Instead, the burden remains on the College to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a Reasonable Person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

 

Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sexual activity, those acts may constitute Dating Violence or Sexual Assault.[9]

 

  1. Force:

Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced.

 

Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

 

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

 

  1. Incapacitation:

Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction).

 

A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including as a result of alcohol or other drug consumption.

 

This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

 

Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

 

If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of the Policy. “Should have known” is an objective, Reasonable Person standard that assumes that a Reasonable Person is both sober and exercising sound judgment.

 

    1. Unethical Relationships Policy (See Appendix D)

 

  1. Standard of Evidence

 

The College uses the preponderance of the evidence standard when determining whether a Policy violation occurred. This means that the College will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent violated the Policy.

 

  1. Notice/Complaints of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct

 

A report provides the College Notice of an allegation or concern about Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. A Formal Complaint informs The College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Formal Complaint. Reports or Formal Complaints of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct may be made using any of the following:

 

  1. File a report or Formal Complaint with, or give verbal Notice to, the Title IX Coordinator or to any member of the Title IX Team. Such a report or Formal Complaint may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail, to the office of the Title IX Coordinator or any other Title IX Team member listed in the Policy.
     

As used in the Policy, the term “Formal Complaint” means a document or electronic submission (such as by electronic mail or through an online portal provided by the College for this purpose) that contains the Complainant’s physical or digital signature or otherwise indicates that the Complainant is the person filing the complaint, and requests that The College investigate the allegations. If Notice is submitted in a format that does not meet this standard, the Title IX Coordinator will contact the Complainant to determine whether the Complainant is requesting that the College initiate an investigation or other appropriate resolution procedures.[10]

 

Reporting carries no obligation to file a Formal Complaint, and in most situations, the College is able to respect a Complainant’s request to not initiate an investigation or other appropriate resolution procedures. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where The College may need to initiate an investigation or other appropriate resolution procedures. If a Complainant does not wish to file a Formal Complaint, The College will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of privacy by submitting a report that allows The College to discuss and/or provide supportive measures, in most circumstances.

 

  1. Time Limits on Reporting

 

There is no time limitation on providing Notice/Formal Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

 

Acting on Notice/Formal Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Title IX Coordinator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

 

  1. False Allegations and Evidence

 

Deliberately false and/or malicious accusations under the Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a Policy violation determination. False allegations may be a form of Harassment or Retaliation or may fall within other The College policies.

 

Witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation, hearing, or Informal Resolution can be subject to discipline under appropriate College policies.

 

 

  1. Confidentiality/Privacy

 

The College makes every effort to preserve the Parties’ privacy. The College will not share the identity of any individual who has made a report of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct; any Complainant; any individual who has been reported to be the perpetrator of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation or resolution proceeding arising under these policies and procedures.[11],[12]

 

Further, Parties and Advisors are expected to maintain the confidentiality of all information created by or shared with them by the College during any investigation and/or resolution process. Parties are entitled to share their own accounts and experiences but are encouraged to consider the sensitivity of the matter if they do so and should consult with their Advisors on any potential implications of doing so.

 

Additional information regarding confidentiality and privacy can be found in Appendix C.

 

  1. Emergency Removal/Interim Actions/Leaves

 

The College can act to remove a Student Respondent accused of Title IX Sexual Harassment from its Education Program or Activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any Student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator and may be done in conjunction with the Behavioral Intervention Team using its standard objective violence risk assessment procedures. Students accused of other forms of Discrimination, Harassment, or Other Prohibited Conduct (not Sex-based) are subject to interim suspension, which can be imposed for safety reasons.

 

Employees are subject to existing procedures for interim actions and leaves.

 

  1. Federal Timely Warning Obligations

 

The College must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the College community.

 

The College will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions considering the potential danger.

 

  1. Amnesty

 

The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report alleged misconduct to College officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

 

It is in the best interests of the College community that Complainants choose to report misconduct to College officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.

 

To encourage reporting and participation in the process, the College offers Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by The College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

 

    1. Students

 

The College also maintains an amnesty policy for Students in addition to witnesses who offer help to others in need.

 

    1. Employees

 

Sometimes, Employees are hesitant to report Discrimination, Harassment, Retaliation, or Other Prohibited Conduct they have experienced for fear that they may get in trouble themselves. The College may, at its discretion, offer Employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident.

 

  1. Preservation of Evidence

 

The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders and is particularly time sensitive. The College will inform the Complainant of the importance of preserving evidence by taking actions such as the following:

 

Sexual Assault

 

Stalking/Dating Violence/Domestic Violence/Sex-Based Harassment

 

During the initial meeting between the Complainant and the Title IX Coordinator, the importance of taking these actions will be discussed, if timely.

 

  1. Federal Statistical Reporting Obligations

 

Certain institutional officials (those deemed Campus Security Authorities) have a duty to report the following for federal statistical reporting purposes (Clery Act):

 

  1. All “primary crimes,” which include criminal homicide, Sexual Assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson
  2. Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property
  3. Violence Against Women Act (VAWA-based crimes), which include Sexual Assault, Domestic Violence, Dating Violence, and Stalking[13]
  4. Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations

 

All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on or off campus or in the surrounding area, but no addresses are given) must be shared with the Title IX Coordinator for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include Advisors to Student Organizations, Athletic Directors, Campus Law Enforcement/Public Safety/Security, Coaches, Human Resources Staff, Residence Life Staff, Student Activities staff, Student Affairs Staff, Student Conduct Staff, and any other official with significant responsibility for student and campus activities.
 

  1. Independence and Conflict of Interest

 

The Title IX Coordinator manages the Title IX Team and acts with independence and authority, free from bias and conflicts of interest. The Title IX Coordinator oversees all Resolutions under the Policy and associated procedures. The members of the Title IX Grievance Panel are vetted and trained to ensure they are not biased for or against any party in a specific Formal Complaint, or for or against Complainants and/or Respondents, generally.

 

To raise any concern involving bias, conflict of interest, misconduct, or Discrimination by the Title IX Coordinator, contact the College. Concerns of bias, misconduct, Discrimination, or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator.

 

  1. Policy Revision

 

The Policy and associated procedures succeed all previous policies addressing Discrimination, Harassment, sexual misconduct, and/or Retaliation, for incidents occurring on or after August 14, 2020. The Title IX Coordinator regularly reviews and updates the Policy and procedures. Incidents occurring before August 14, 2020, will be addressed using the policy that was in place at the time of the incident, but the procedures used will be those in place at the time of the Formal Complaint. The College reserves the right to make changes to this document as necessary, and those changes are effective once they are posted online.

 

If laws or regulations change or court decisions alter policy or procedural requirements in a way that impacts this document, this document will be construed to comply with the most recent laws, regulations, or court holdings.

 

This document does not create legally enforceable protections beyond the protections of the background federal and state laws that frame such policies and codes, generally.

 

A change required by a court or government order could occur during an active investigation or resolution process. If that happens, The College reserves the right to adjust the Policy and Procedures accordingly and notify the Parties of any necessary mid-process changes. This could include entirely replacing the Policy or associated procedures, which could necessitate restarting an investigation or resolution process. The College will make every effort to minimize the impact on the Parties as much as possible if changes are unavoidable.

 

The Policy is effective.

 

 

 

 

APPENDIX A: DEFINITIONS[14]

 

The following definitions apply to the Equal Opportunity, Harassment, and Nondiscrimination Policies and Procedures:
 

 

 

 

HUTCHINSON COMMUNITY COLLEGE PROCEDURES FOR ALLEGED VIOLATIONS OF THE EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION POLICY FOR ALL FACULTY, STUDENTS, EMPLOYEES, AND THIRD PARTIES

 

  1. Overview

 

Hutchinson Community College will act on any Notice/Formal Complaint of violation of the Equal Opportunity, Harassment, and Nondiscrimination Policy (“the Policy”) that the Title IX Coordinator or any other Official with Authority receives by applying the procedures below, known as “Process A.”

 

Unionized/other categorized Employees are subject to the terms of their agreements/Employees’ rights to the extent those agreements do not conflict with federal or state compliance obligations.

 

  1. Notice/Complaint

 

Upon receipt of Notice or a Formal Complaint of an alleged Policy violation, the Title IX Coordinator will initiate a prompt initial assessment to determine the College’s next steps. The Title IX Coordinator will contact the Complainant to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

 

  1. Collateral Misconduct

 

Collateral misconduct includes potential violations of other Hutchinson Community College policies that occur in conjunction with alleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be charged along with potential violations of the Policy, to be resolved jointly under these Procedures. In such circumstances, the Title IX Coordinator may consult with College officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs) to solicit their input as needed on what charges should be filed, but the exercise of collateral charges under these procedures is within the Title IX Coordinator’s discretion. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the Student, Faculty, and Employee handbooks.

 

 

 

FORMAL GRIEVANCE PROCESS FOR ALLEGED VIOLATIONS OF THE EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION POLICY

 

  1. Initial Assessment

 

The Title IX Coordinator conducts an initial assessment, typically within five (5) business days of receiving Notice or a Formal Complaint.[16] The initial assessment typically includes:

 

Helping a Complainant Understand Resolution Options

 

If the Complainant indicates they wish to file a Formal Complaint, the Title IX Coordinator will work with the Complainant to determine which resolution option they prefer. The Title IX Coordinator will seek to abide by the Complaint’s wishes but may have to take another approach depending upon their assessment of the situation.

 

If the Formal Grievance Process is pursued, the Title IX Coordinator will initiate an investigation. If any party indicates that they want to pursue an Informal Resolution option, the Title IX Coordinator will refer the matter to the appropriate individuals(s) if the Title IX Coordinator determines Informal Resolution is available and the other Parties consent to participate. Informal Resolution cannot be used to resolve a Formal Complaint of Title IX Sexual Harassment involving an Employee Respondent and a Student Complainant.[17]

 

If the Complainant does not want any action taken, the Title IX Coordinator will consider that request. Typically, allegations of Student-on-Student and Employee-on-Employee misconduct will not prompt the Formal Grievance Process unless deemed necessary by the Title IX Coordinator, though the Complainant can elect to pursue the formal process in the future. The Title IX Coordinator may need to refer allegations of Employee-on-Student misconduct to the Formal Grievance Process regardless of the Complainant’s wishes, depending on the nature of the allegations.

 

The Title IX Coordinator may consider elements such as patterns of behavior, predation, threats, violence, use of weapons, or involvement of minors in determining whether to sign a Formal Complaint.

 

Title IX Coordinator Authority to Initiate a Complaint

 

The Title IX Coordinator has ultimate discretion as to whether a Formal Complaint is made and may consult with appropriate Hutchinson Community College Employees, and/or conduct a violence risk assessment to aid their determination whether to sign a Formal Complaint on behalf of the Complainant.

 

If a Complainant is not participating or attempting to participate in a College’s Education Program or Activity at the time of making a Formal Complaint, they can request that the Title IX Coordinator sign a Formal Complaint. When the Title IX Coordinator signs a Formal Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged misconduct. If the Title IX Coordinator declines to sign a Formal Complaint, alternative processes may be available and can be explored with the Title IX Coordinator.

 

  1. Dismissal (Mandatory and Discretionary)[18]

 

The College must dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

 

  1. The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment as defined above, even if proven
  2. The Sex-based conduct did not occur in the College’s Education Program or Activity (including buildings or property controlled by recognized student organizations) and/or The College does not have control of the Respondent
  3. The Sex-based conduct did not occur against a person in the United States
  4. The Complainant alleging Sex-based conduct is not participating in or attempting to participate in the College’s Education Program or Activity at the time of filing the Formal Complaint, and based on the available information, the Title IX Coordinator has determined that they do not need to sign a Formal Complaint on behalf of the College[19]

 

The College may dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing:

 

  1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein
  2. The Respondent is no longer enrolled in or employed by the College
  3. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein

 

A Complainant who decides to withdraw a Formal Complaint may later request to reinstate it or refile it.

 

Upon any dismissal, the College will promptly and simultaneously send the Parties written notice of the dismissal and the rationale for doing so.

 

This dismissal decision is appealable by any party. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.

 

When the Title IX Coordinator has signed a Formal Complaint and later determines that the basis for signing is no longer compelling, the Title IX Coordinator may rescind the Formal Complaint and notify the Parties accordingly. This is not a dismissal, and there is no opportunity to appeal because the Complainant may still file a Formal Complaint if they wish to, in most circumstances.

 

  1. Appeal of Dismissal

 

The Parties may appeal a decision to dismiss or not to dismiss their Formal Complaint. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal decision.

 

A dismissal may be appealed on the following grounds:

 

  1. A procedural irregularity affected the outcome of the matter
  2. New evidence that was not reasonably available at the time the determination regarding dismissal was made, that could affect the outcome of the matter
  3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter

 

The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more Parties, the Title IX Coordinator will share the request and supporting documentation with all other Parties and provide three (3) business days for other Parties and the Title IX Coordinator to respond to the request. At the conclusion of the response period, the Title IX Coordinator will forward the request, as well as any response provided by the other Parties and/or the Title IX Coordinator to the Dismissal Appeal Decision-maker Chair for consideration.

 

If the appeal request does not provide information that meets the grounds in the Policy, the Dismissal Appeal Decision-maker Chair will deny the request, and the Parties, their Advisors, and the Title IX Coordinator will be notified in writing of the denial and the rationale.

 

If any of the asserted grounds in the appeal satisfy the grounds described in the Policy, then the Dismissal Appeal Decision-maker Chair will notify all Parties and their Advisors, and the Title IX Coordinator of their decision and rationale in writing. The effect will be to reinstate the Complaint.

 

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Decision-maker Chair has seven (7) business days to review and decide on the appeal, though extensions can be granted at the Title IX Coordinator’s discretion, and the Parties will be notified of any extension.

 

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

 

The Dismissal Appeal Decision-maker Chair may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

 

  1. Emergency Removal/Interim Suspension of a Student

 

The College may emergency remove a Student accused of Title IX Sexual Harassment upon receipt of a Formal Complaint or at any time during the Formal Grievance Process. Prior to an emergency removal, the College will conduct an individualized risk assessment and may remove the Student if that assessment determines that an immediate threat to the physical health or safety of any Student or other individual justifies removal. Students accused of other forms of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct (not Sex-based) are subject to interim suspension, which can be imposed for safety reasons.

 

When an emergency removal or interim suspension is imposed, wholly or partially, the affected Student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the Student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

 

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or should be lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal or interim suspension will be deemed waived. A Student can later request a meeting to show why they are no longer an immediate threat because conditions related to the threat have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable for them to do so.

 

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review.

 

An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within three (3) business days of the review meeting.

 

  1. Placing Employees on Leave

 

When the Respondent is an Employee, or a Student-Employee accused of misconduct in the course of their employment, existing provisions for interim action are typically applicable instead of the above emergency removal process.
 

  1. Counter-Complaints

 

The College is obligated to ensure that the Formal Grievance Process is not abused for retaliatory purposes. Although the College permits the filing of counter-complaints, the Title IX Coordinator will use an initial assessment, described above, to assess whether the allegations in the counter-complaint are made in good faith. When counter-complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a Policy violation. Counter-complaints determined to have been reported in good faith will be processed using the Formal Grievance Process. At the Title IX Coordinator’s discretion, investigation of such claims may take place after resolution of the underlying initial Formal Complaint.

 

  1. Advisors in the Formal Grievance Process

 

The Parties may each have an Advisor of their choice present with them for all meetings, interviews, and hearings within the Formal Grievance Process, if they so choose.

 

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker.

 

    1. Who Can Serve as an Advisor

 

The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews, and hearings within the resolution process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.[20] Parties have the right to choose not to have an Advisor in the initial stages of the Formal Grievance Process, prior to a hearing.

 

The Title IX Coordinator will offer to assign a trained Advisor to any party. If the Parties choose an Advisor from The College’s Title IX Grievance Panel, the College will have trained the Advisor and familiarized them with the College’s Formal Grievance Process.

 

The College cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, The College is not obligated to provide an attorney to advise that party. However, all institutionally appointed Advisors will be provided with similar training.  

 

If the Parties choose an Advisor from outside the Title IX Grievance Panel, the Advisor may not have been trained by the College and may not be familiar with the College policies and procedures.

 

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

 

The College may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.

 

As a public entity, the College fully respects and accords the Weingarten rights of Employees, meaning that for Parties who are entitled to union representation, the College will allow the unionized Employee to have their union representative (if requested by the party) as well as an Advisor of their choice present for all Formal Grievance Process meetings and interviews. To uphold the principles of fairness, the other party (regardless of union membership) will also be permitted to have two Advisors. Witnesses are permitted to have union representation or Advisors in resolution process interviews or meetings.

 

    1. Advisor’s Role in the Formal Grievance Process

 

Advisors should help the Parties to prepare for each meeting or hearing and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

 

The Parties are expected to respond to questions on their own behalf throughout the Formal Grievance Process. Although the Advisor generally may not speak on behalf of their advisee, except for conducting cross-examination during a hearing, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

 

The Title IX Regulations require a form of indirect questioning during the hearing, which must be conducted by the Parties’ Advisors. The Parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any questioning of the Parties and witnesses.

 

    1. Records Shared with Advisors

 

Advisors are entitled to the same opportunity as their advisee to receive copies of the Draft and Final Investigation Reports, as well as the Directly Related Evidence File. Parties will be asked to sign releases for the College to share materials with an Advisor.

 

Advisors are expected to maintain the confidentiality of the records the College shares with them. The College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s confidentiality expectations.

 

    1. Advisor Expectations

 

The College generally expects an Advisor to adjust their schedule to allow them to attend College meetings/interviews/hearings when planned, but the College may change scheduled meetings/interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

 

The College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies as may be convenient and available.

 

All Advisors are subject to the same College policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by the College. Advisors are expected to advise without disrupting proceedings.

 

    1. Advisor Policy Violations

 

Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with the College’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including the College requiring the party to use a different Advisor or providing a different College-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

 

  1. Resolution Options Overview

 

The Formal Grievance Process is the College’s primary resolution approach unless all Parties and the College agree to an Informal Resolution. The process considers the Parties’ preferences but is ultimately determined at the Title IX Coordinator’s discretion.

 

Resolution proceedings are private. All persons present at any time during a resolution process are expected to maintain the privacy of the proceedings in accordance with the Policy.

 

There is an expectation of privacy around what Investigators share with Parties during interviews and for any materials the institution shares with the Parties during the resolution process. The Parties have discretion to share their own knowledge and evidence with others if they choose, except for information the Parties agree not to disclose as part of an Informal Resolution. The College encourages Parties to discuss any sharing of information with their Advisors before doing so.

 

    1. Informal Resolution

 

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a Final Determination or the Title IX Coordinator may offer the option to the Parties. The College will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution. To engage in Informal Resolution, a Complaint must first submit a Formal Complaint.

 

Three approaches to Informal Resolution are detailed in this section.

 

  1. Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Supportive Resolution involves only the party who opts for it
     
  2. Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended Sanction(s), and the Complainant(s) and Title IX Coordinator are agreeable to the Resolution terms

 

  1. Alternative Resolution. When the Parties agree to resolve the matter through an alternative Resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below
     

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution process at any time and initiate or resume the Formal Grievance Process.

 

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Formal Grievance Process should Informal Resolution not be successful.

 

If an investigation is already underway, the Title IX Coordinator has discretion to determine if the investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

 

Prior to engaging in Informal Resolution, the College will provide the Parties with written notice of the reported misconduct and any sanctions (only in the case of Accepted Responsibility) or measures that may result from participating in such a process, including information regarding any records that the College will maintain and under which circumstances they may be released.

 

Informal Resolution Approaches

 

        1. Supportive Resolution

 

Most commonly offered once a Formal Complaint is filed (whereas supportive measures, as described in Section 9 of the Policy, are offered in response to Notice). The Title IX Coordinator will meet with the Complainant to determine reasonable supports that are designed to restore or preserve the Complainant’s access to the College’s Education Program and Activity. Such supports can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Title IX Coordinator may also provide reasonable supports for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options and the Title IX Coordinator does not believe there is a need to sign a Formal Complaint. At the discretion of the Title IX Coordinator, this resolution option can result in an agreement between the Complainant and the College that does not require assent from any other party, as long as it does not unduly burden any other party or function punitively with respect to them.

 

        1. Accepted Responsibility

 

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Formal Grievance Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Title IX Coordinator will determine whether Informal Resolution is an option.

 

If Informal Resolution is available, the Title IX Coordinator will determine whether all Parties and The College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted Finding that the Respondent is in violation of the College Policy, implements agreed-upon restrictions and remedies, and determines any other appropriate responses in coordination with other appropriate administrator(s), as necessary.

 

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Formal Grievance Process will either begin or resume.

 

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

 

        1. Alternative Resolution

 

The institution offers a variety of alternative resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction between the Parties; indirect action by the Title IX Coordinator or other appropriate College officials; and other forms of resolution that can be tailored to the needs of the Parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an alternative resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an alternative resolution process.

 

The Title IX Coordinator has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

 

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.

 

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Formal Grievance Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). Where the failure to abide by the Informal Resolution agreement terms results in a failure to remedy a Policy violation, the Title IX Coordinator must consider whether to dissolve the agreement and reinstate the Formal Grievance Process to remedy the impact as required by law. The results of Formal Complaints resolved by alternative resolution are not appealable.

 

If an Informal Resolution option is not available or selected, the College will initiate or continue an investigation and subsequent Formal Grievance Process to determine whether the Policy has been violated.

 

    1. Formal Grievance Process (begins at Section 10 below)

 

  1. Title IX Grievance Panel

 

The College relies on a pool of individuals (“the Resolution Process”) to carry out the resolution options.

 

    1. Resolution Process Member Roles

 

The Title IX Grievance Panel can serve in any of the following roles at the Title IX Coordinator’s discretion:

 

 

The Title IX Coordinator, in consultation with senior administrators as necessary, appoints the Title IX Grievance Panel, which acts with independence and impartiality. Although members of the Title IX Grievance Panel are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different Formal Complaints, The College can also designate permanent roles for individuals in the Title IX Grievance Panel.

 

    1. Resolution Process Member Training (See training materials posted online)

 

  1. Notice of Investigation and Allegations (NOIA)

 

The Title IX Coordinator will provide the Parties written Notice of the Investigation and Allegations (the “NOIA”) upon commencement of the Formal Grievance Process. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

 

The NOIA will include:

 

Notification will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the Parties’ College-issued email or other approved accounts. Once emailed and/or received in-person, notice is presumptively delivered.

 

  1. Resolution Timeline

 

The College will make a good faith effort to complete the Formal Grievance Process within ninety (90) business days, including any appeals, which the Title IX Coordinator can extend as necessary for appropriate cause. The Parties will receive regular updates on the progress of the Formal Grievance Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

 

Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

 

The College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. The College will promptly resume its Formal Grievance Process as soon as feasible. During such a delay, the College will implement and maintain supportive measures for the Parties as deemed appropriate.

 

The College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

 

The College will make a good faith effort to complete the Formal Grievance Process as promptly as circumstances permit and will regularly communicate with the Parties to update them on the progress and timing of the process.

 

  1. Ensuring Impartiality

 

No individual materially involved in the administration of the Formal Grievance Process, including the Title IX Coordinator, Investigator(s), and Decision-maker(s), may have or demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

 

The Title IX Coordinator will vet the assigned Investigator(s), Decision-maker Chairs, Decision-maker Panel members and Appeal Decision-maker(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The Parties may raise a concern regarding bias or conflict of interest at any time during the Formal Grievance Process, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Title IX Grievance Panel member, or other trained individual, will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the President.

 

The Formal Grievance Process involves an objective evaluation of all Relevant Evidence obtained, including evidence that supports that the Respondent violated the Policy and evidence that supports that the Respondent did not violate the Policy. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written Investigation Report that accurately summarizes this evidence.

 

  1. Witness Role and Participation in the Investigation

 

Witnesses who are College Employees are strongly encouraged to cooperate with and participate in the College’s investigation and Formal Grievance Process. Student witnesses and witnesses from outside the College community are encouraged to cooperate with the College investigations and to share what they know about a Formal Complaint.

 

Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams). The College will take appropriate steps to ensure the security/privacy of remote interviews.

 

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

 

  1. Interview Recording

 

It is standard practice for Investigators to create a record of all interviews pertaining to the Formal Grievance Process, by recording, transcript, or written summary. The Parties may review copies of their own interviews upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings.

 

All interviews are recorded, and all involved persons should be made aware of the audio and/or video recording. The recording and/or transcript of those meetings will be provided to the Parties for their review, after which the Parties may suggest additional questions to be asked of another party or witness or additional witnesses. Those subsequent meetings or interviews are also recorded and/or transcribed.

 

  1. Evidentiary Considerations

 

The Investigators, Decision-makers will only consider Relevant or Directly Related Evidence.

 

Neither the investigation nor the hearing will consider:

 

  1. Questions or evidence about the Complainant’s sexual predisposition[21]
  2. Questions or evidence about the Complainant’s prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the alleged conduct, or if the questions or evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent[22]
  3. Questions or evidence about a party or witness’s records that are made or maintained by a physician, psychologist, or psychiatrist unless the party or witness provides voluntary, written consent for the records to be considered

 

Within the boundaries stated above, the investigation and the hearing can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.

 

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

 

  1. Investigation

 

All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all available, relevant Parties and witnesses, obtaining Relevant Evidence, and identifying sources of expert information, as necessary.

 

After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

 

The College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondent(s), when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

 

Investigations involve the following:

 

  1. Referral for Hearing

 

Provided that the Formal Complaint is not resolved through Informal Resolution, once the Final Investigation Report is shared with the Parties, the Title IX Coordinator will refer the matter for a hearing.

 

The hearing cannot be held less than ten (10) business days from the conclusion of the investigation – when the Final Investigation Report is transmitted to the Parties and the Decision-maker Chair– unless all Parties and the Decision-maker Chair agree to an expedited timeline.

 

The Title IX Coordinator will select appropriate Decision-makers, Decision-maker Chair from the Title IX Grievance Panel and provide a copy of the Final Investigation Report and the file of Directly Related Evidence.

 

  1. Hearing Decision-makers

 

The Decision-makers will not have had any previous involvement with the Formal Complaint. The Title IX Coordinator may elect to have an alternate from the Title IX Grievance Panel sit in throughout the hearing process if a substitute is needed for any reason.

 

Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as Decision-makers. Those who are serving as Advisors for any party may not serve as Decision-makers in that matter.

 

The Title IX Coordinator may not serve as a Decision-maker Chair in the matter but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter do not create a conflict of interest. Otherwise, a designer may fulfill the facilitator role. The hearing will convene at a time and venue determined by the Title IX Coordinator.

 

  1. Live Hearing Requirements

 

The following provisions apply to a live hearing:

 

 

  1. Hearing Notice

 

The Title IX Coordinator will send the Parties a notice of hearing letter no less than ten (10) business days prior to the hearing. Once emailed and/or received in-person, notice is presumptively delivered. The notice includes:

 

 

  1. Witness Participation

 

Witnesses are encouraged to participate in, and make themselves reasonably available for, the hearing. They may participate in-person or via video technology that allows the Decision-makers and the Parties to see and hear the witness while that person is speaking. Witnesses are not permitted to be accompanied by an Advisor without the Title IX Coordinator’s express permission unless collective bargaining rights permit witnesses to have Advisors.

 

The Title IX Coordinator will notify all witnesses of their requested participation in the hearing at least five (5) business days prior to the hearing. Witnesses will be present for the hearing only during their testimony.

 

If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Title IX Coordinator may reschedule the hearing.

 

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless:
 

 

If the above criteria are not met, but the witness’s evidence is deemed relevant and not duplicative, the Decision-makers may, at their discretion, engage in any of the following actions:
 

 

If the evidence is deemed not relevant, the Decision-makers may proceed with the hearing absent the new witness’s participation.

 

 

  1. Hearing Procedures

 

    1. Evidentiary Considerations

 

The Parties must provide all evidence to the Investigator(s) prior to completion of the Final Investigation Report. Evidence offered after that time will be evaluated by the Decision-makers and Decision-maker Chair for relevance. If deemed relevant, the Parties and the Decision-makers and Decision-maker Chair must agree to admit it into the record. If the evidence is deemed not relevant, the Decision-maker Chair may proceed with the hearing absent the new evidence.

 

The new Relevant Evidence will be admitted to the record if:

 

 

If the above criteria are not met, but the evidence is deemed materially relevant and not duplicative, the Decision-maker Chair may, at their discretion, engage in any of the following actions:
 

 

If the evidence is deemed not relevant, the Decision-makers and Decision-maker Chair may proceed with the hearing without allowing the new evidence.

 

    1. Collateral Misconduct

 

The Decision-makers have the authority to hear and make determinations on all allegations of Discrimination, Harassment, Retaliation, and Other Prohibited Conduct under the Policy and may also hear and make determinations on any additional alleged collateral misconduct that occurred in concert with the Discrimination, Harassment, Retaliation, or Other Prohibited Conduct, even though those collateral allegations may not specifically fall within the Policy.

 

    1. Joint Hearings

 

In Complaints involving more than one Respondent and/or involving more than one Complainant accusing the same person of substantially similar conduct, the default procedure will be to hear the allegations jointly.

 

However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent or Formal Complaint to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent and/or for each Formal Complaint with respect to each alleged policy violation.

 

    1. Introductions and Hearing Procedure Explanation

 

The Decision-maker Chair will:
 

 

    1. Investigator Presentation of Final Investigation Report

 

The Investigator(s) will present a summary of the Final Investigation Report, including a review of the facts that are contested and those that are not. The Investigator may be questioned first by the Decision-makers and then by the Parties. The Investigator may attend the duration of the hearing or be excused after their testimony at the Decision-maker’s discretion.

 

    1. Testimony and Questioning

 

The Parties and witnesses may provide relevant information in turn, beginning with the Complainant’s opening statement, then the Respondent’s, and then questioning in the order determined by the Decision-maker. The Decision-maker Chair will facilitate questioning of the Parties and witnesses first by the Decision-maker Chair and then by the Parties through their Advisors.

 

All questions are subject to the Decision-makers’ relevance determination. The Advisor will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted). The proceeding will pause to allow the Decision-maker Chair to consider the question (and state it if it has not already been stated aloud), and the Decision-maker Chair will determine whether the question will be permitted, disallowed, or rephrased. The Decision-maker Chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

 

The Decision-maker Chair will limit or disallow questions they deem not appropriate on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), seek or pertain to impermissible evidence, or are abusive and have the final say on all questions and relevance determinations. The Decision-maker Chair may consult with legal counsel on any admissibility questions.

 

If the Parties raise an issue of bias or conflict of interest of an Investigator, the Decision-makers or Decision-maker Chair at the hearing, the Decision-maker Chair may elect to address those issues, consult with legal counsel, refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not an issue at the hearing, the Decision-maker Chair should not permit irrelevant questions that probe for Investigator bias.

 

    1. Refusal to Submit to Questioning and Inferences

 

Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. The Decision-makers can only rely on the available Relevant Evidence in making a Final Determination. The Decision-makers may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer any or all questions. Typically, after brief opening statements, the order of questioning will be questions from the Decision-makers, questions from the party’s own Advisor, then questions from the other Parties’ Advisors. The same order will be used for questioning of witnesses, who do not typically make opening statements. The Parties then make brief closing statements, and then the hearing transitions into closed session for deliberation.

 

An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared.

 

    1. Hearing Recordings

 

The College records hearings (but not deliberations) for purposes of review in the event of an appeal. No unauthorized audio or video recording of any kind is permitted during the hearing.

 

The Decision-makers, Decision-maker Chair, the Parties, their Advisors, Appeal Decision-makers, and other appropriate College officials will be permitted to review the recording or review a transcript of the recording upon request to the Title IX Coordinator. No unauthorized disclosure, including sharing, copying, or distribution of the recording or transcript, is permitted.

 

  1. Deliberation and Determination

 

After closing statements from the Parties, the Decision-makers and Decision-maker Chair will deliberate in closed session to determine whether the Respondent is responsible for the alleged Policy violation(s) based on the standard of evidence. If a panel is used, a simple majority vote is required to determine the Finding. Deliberations are not recorded.

 

When there is a Finding of responsibility on one or more of the allegations, the Decision-makers may then consider the previously submitted party impact and/or mitigation statement(s) in determining appropriate sanction(s). The Title IX Coordinator will ensure that each of the Parties has an opportunity to review any submitted impact and/or mitigation statement(s) once they are submitted.

 

The Decision-makers will also review any pertinent conduct history provided and will determine the appropriate Sanction(s).

 

The Decision-maker Chair will then prepare a written statement detailing all Findings and Final Determinations, the rationale(s) explaining the decision(s), the evidence used in support of the determination(s), the evidence not relied upon in the determination(s), any credibility assessments, and any sanction(s) and rationales explaining the sanction(s) and will deliver the statement to the Title IX Coordinator.

 

This statement must be submitted to the Title IX Coordinator within five (5) business days of the end of deliberations unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the Parties.

 

  1. Notice of Outcome

 

The Title IX Coordinator will provide the Parties with a written outcome notification within ten (10) business days of the conclusion of the Formal Grievance Process. The outcome notification will specify the Finding for each alleged Policy violation, any sanction(s) that may result, which The College is permitted to share pursuant to federal or state law, and a detailed rationale, written by the Decision-maker Chair, supporting the Findings to the extent the College is permitted to share under federal or state law.

 

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals.

 

The Title IX Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official The College records, or emailed to the Parties’ The College-issued or other approved email account. Once emailed and/or received in person, the outcome notification is presumptively delivered.

 

  1. Rights of the Parties (See Appendix B)

 

  1. Sanctions

 

Factors the Decision-makers may consider when determining sanctions and responsive actions include, but are not limited to:

 

 

The sanctions will be implemented as soon as is feasible once a Determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

 

The sanctions described in the Procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

 

    1. Student Sanctions

 

The following are the common Sanctions that may be imposed upon Students singly or in combination:

 

 

    1. Student Organization Sanctions

 

The following are the common sanctions that may be imposed upon student groups organizations singly or in combination:

 

 

    1. Employee Sanctions/Responsive/Corrective Actions

 

Responsive actions for an Employee who has engaged in Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct include:

 

 

  1. Withdrawal or Resignation Before Complaint Resolution

 

    1. Students

 

Should a Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If a Student Respondent withdraws from the College, the Formal Grievance Process typically ends with a dismissal, as the College has lost primary disciplinary jurisdiction over the withdrawn Student. However, the College may continue the Formal Grievance Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

 

Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

 

When a Student withdraws or takes a leave of absence while the process is pending, the Student may not return to the College in any capacity until the Formal Complaint is resolved and any sanctions imposed are satisfied. If the Student indicates they will not return, the Title IX Coordinator has discretion to dismiss the Formal Complaint and bar the Student from returning. The Registrar, Office of Admissions, and HR may be notified accordingly.

 

If the Student Respondent takes a leave of absence for a specified period of time (e.g., one semester or term), the Formal Grievance Process may continue remotely. If found in violation, that Student is not permitted to return to The College unless and until all sanctions, if any, have been satisfied.

 

    1. Employees

 

Should an Employee Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If an Employee Respondent leaves their employment with the College with unresolved allegations pending, the Formal Grievance Process typically ends with dismissal, as the College has lost primary disciplinary jurisdiction over the former Employee. However, the College may continue the Formal Grievance Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

 

Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

 

When an Employee resigns and the Formal Complaint is dismissed, the Employee may not return to the College in any capacity. The Registrar, Office of Admissions, and HR will be notified accordingly. A note will be placed in the Employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with the College. The records retained by the Title IX Coordinator will reflect that status.

 

  1. Appeal of the Final Determination

 

The Title IX Coordinator will designate an Appeal Decision-maker Chair from the Title IX Grievance Panel, or other trained internal or external individuals, to hear the appeal. No Appeal Decision-maker Chair will have been previously involved in the Formal Grievance Process for the Formal Complaint. If a panel is used, the Title IX Coordinator will designate a voting chair.

 

    1. Appeal Grounds

 

Appeals are limited to the following grounds:

 

  1. A procedural irregularity affected the outcome of the matter
  2. There is new evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter
  3. The Title IX Coordinator, Investigators, or Decision-makers had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter
  4. The Decision-makers’ Final Determination is substantially contrary to the weight of the evidence in the record (applicable to sanctions of suspension, expulsion, or termination-level offenses, only)
  5. The sanctions fall outside the range of sanctions designated for this offense, considering the cumulative conduct/disciplinary record of the Respondent (applicable to sanctions of suspension, expulsion, or termination-level offenses, only)

 

    1. Appeal Request

 

Any party may submit a written appeal request to the Title IX Coordinator within three (3) business days of delivery of the notice of outcome.

 

The appeal request will be forwarded to the Appeal Decision-maker Chair for consideration to determine if the request meets the appeal grounds (a Review for Standing). This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

 

If the appeal request does not provide information that meets the grounds in the Procedures, the request will be denied by the Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

 

If any of the information in the appeal request meets the grounds in the Procedures, then the Appeal Decision-maker Chair will notify all Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-makers.

 

All other Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-makers  will be provided a copy of the appeal request with the approved grounds and then be given three (3) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker Chair will forward all responses, if any, to all Parties for review and comment.

 

The non-appealing party (if any) may also choose to appeal at this time. If so, that appeal request will be reviewed by the Appeal Decision-maker Chair to determine if it meets the grounds in the Procedures and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or original Decision-makers, as necessary, who will submit their responses, if any, within seven (7) business days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties and their Advisors will be notified in writing.

 

No party may submit any new appeal request after this time period. The Appeal Decision-maker Chair will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Appeal Decision-maker, who will promptly render a decision.

 

    1. Appeal Determination Process

 

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Decision-maker Chair will deliberate as soon as is practicable and discuss the merits of the appeal.

 

Appeal decisions are to be deferential to the original determination, making changes to the Finding/Final Determination only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions are made by majority vote and apply the preponderance of the evidence standard.

 

An appeal is not an opportunity for the Appeal Decision-maker Chair to substitute their judgment for that of the original Decision-maker Chair merely because they disagree with the Finding and/or sanction(s).

 

The Appeal Decision-maker Chair may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

 

    1. Appeal Outcome

 

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker Chair with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker Chair or the Title IX Coordinator (as in cases of bias), the Appeal Decision-maker Chair may order a new investigation and/or a new hearing with new Title IX Grievance Panel members serving in the Investigator and Decision-maker Chair roles.

 

A notice of appeal outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The appeal outcome letter will specify the Finding on each appeal ground, any specific instructions for remand or reconsideration, all sanction(s) that may result which the College is permitted to share according to federal or state law, and the rationale supporting the essential Findings to the extent the College is permitted to share under federal or state law.

 

Written notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official institutional records, or emailed to the Parties’ College-issued email or other approved account. Once emailed and/or received in person, the appeal outcome letter will be presumptively delivered.

 

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new Finding or sanction, that Finding or sanction can be appealed one final time on the grounds listed above and in accordance with the Procedures.

 

If a remand results in a new Finding or Sanction that is different from the original Finding or sanction, that new Finding or Sanction can be appealed, once, on any of the available appeal grounds.

 

    1. Sanction Status During the Appeal

 

Any sanctions imposed as a result of the Final Determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

 

If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal and interim suspension procedures (detailed above) for a show cause meeting on the justification for doing so must be permitted within two (2) business days of implementation.

 

  1. Long-Term Remedies/Other Actions

 

Following the conclusion of the Formal Grievance Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or College community that are intended to stop the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct, remedy the effects, and prevent recurrence.

 

These remedies/actions may include, but are not limited to:

 

 

At the Title IX Coordinator’s discretion, the Parties may be provided with certain long-term support or measures even if no Policy violation is found.

 

When no Policy violation is found, the Title IX Coordinator will address any remedies the College owes the Respondent to ensure no effective denial of educational access.

 

The College will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the College’s ability to provide these services.

 

  1. Failure to Comply with Sanctions and/or Responsive Actions

 

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker Chair, including the Appeal Decision-maker Chair or the Informal Resolution agreement.

 

Failure to abide by the Sanction(s)/Action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional Sanction(s)/Action(s), including suspension, expulsion, and/or termination from the College.

 

Supervisors are expected to enforce completion of sanctions/responsive actions for their Employees.

 

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator’s satisfaction.

 

  1. Recordkeeping

 

For a period of at least seven (7) years following the conclusion of the Formal Grievance Process, the College will maintain records of:

 

  1. Each Discrimination, Harassment, Retaliation, and Other Prohibited Conduct Formal Grievance Process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation
  2. Any disciplinary sanctions imposed on the Respondent
  3. Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to The College’s Education Program or Activity
  4. Any appeal and the result therefrom
  5. Any Informal Resolution and the result therefrom
  6. All materials used to train the Title IX Coordinator, Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitators, and any person who is responsible for implementing The College’s resolution processes. The College will make these training materials publicly available on the College’s website
  7. Any other actions taken in response to a report or Formal Complaint including:
    1. The basis for all conclusions that the response was not deliberately indifferent
    2. Any measures designed to restore or preserve equal access to the College’s Education Program or Activity

 

The College will also maintain any and all records in accordance with federal and state laws.

 

  1. Disability Accommodations

 

Hutchinson Community College is committed to providing reasonable accommodations and support to qualified Students, Employees, or others with disabilities to ensure equal access to the College’s resolution processes.

 

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with the Accessibility Services as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

 

  1. Other Support

 

The College will address other reasonable requests for support for the Parties and witnesses, including:

 

 

  1. Procedure Revision

 

These procedures will be reviewed and updated annually by the Title IX and Title VI Coordinator. The Title IX and Title VI Coordinator may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. However, the Title IX and Title VI Coordinator may also vary procedures materially with notice (on the institutional web site, with appropriate date of effect identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of its implementation will apply. Policy in effect at the time of the offense will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy.

 

 

 

APPENDIX B: STATEMENT OF THE PARTIES’ RIGHTS

 

Under the Policy and Procedures, the Parties have the right to:

 

APPENDIX C: PRIVACY AND CONFIDENTIALITY

 

For the purpose of the Policy, privacy and confidentiality have distinct meanings.

Privacy means that information related to Notice or a Formal Complaint will be shared with a limited number of The College Employees who “need to know” in order to assist in the assessment, investigation, and Resolution of the Formal Complaint. All Employees who are involved in The College’s response to Notice under the Policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of Student education records will be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), as outlined in the College’s Student Records Policy. The privacy of Employee records will be protected in accordance with Human Resources policies.

Confidentiality exists in the context of laws (including Title IX) that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients, parishioners, and spouses. The College has designated individuals who can have privileged communications as Confidential Resources. See Section 6 of the Policy for more information about Confidential Resources.

When information is shared by a Complainant with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (1) the individual gives written consent for its disclosure; (2) there is a concern that the individual will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities. Confidential Resources may share non-identifiable information for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.

 

 

APPENDIX D: COLLEGE POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS

 

Expectations with Respect to Consensual Relationships

 

There are inherent risks in any romantic or sexual relationship between persons in unequal positions, such as Faculty member-Student or supervisor-Employee. These relationships may be less consensual than perceived by the person whose position confers power or authority.  The relationship also may be viewed in different ways by each of the Parties, particularly in retrospect. Circumstances may change, and once welcome conduct may become unwelcome at some point in the relationship.

 

Even when the Parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a policy violation still exists. The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the College’s goals and policies. However, for the personal protection of members of this community, relationships in which power differentials are inherent (e.g., Faculty-Student, Employee-Student, Administrator-Student, Supervisor-Subordinate, Coach-Player) are generally discouraged.

 

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must promptly inform their supervisor and/or the Title IX Coordinator. The existence of this type of relationship will likely result in removing the supervisory or evaluative responsibilities from the Employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an applicable relationship existed prior to adoption of the Policy or prior to employment, the duty to notify the appropriate supervisor still pertains.

 

This type of relationship includes Resident Assistants (RAs) and Students over whom the RA has direct responsibility. While no relationships are specifically prohibited by the Policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an Employee. The Title IX Coordinator will determine whether to refer violations of this provision to Human Resources for Resolution, or to pursue Resolution under the Policy, based on the circumstances of the allegation.

 

 

APPENDIX E: POOL MEMBER TRAINING

 

Title IX Grievance Panel members receive annual training related to their respective roles. This training may include, but is not limited to:

 


The materials used to train all members of the Title IX Grievance Panel do not rely on sex stereotypes and are publicly posted here.

 

[1] Education Program and Activity includes The College Employees’ work environment.

[2] Implicitly or explicitly.

[3] Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent), though a Decision-maker may consider compelling evidence that rebuts an assertion of unwelcomeness. Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a Reasonable Person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

[4] Contact with private body parts is considered to be done for the purpose of sexual gratification unless: (1) the contact can be proven inadvertent; (2) the contact is for a legitimate medical (or other privileged) purpose and thus is conduct for which consent should have been sought and obtained by the provider; (3) the contact involves a Respondent who is pre-sexual, based on maturity/age (thus their intent is not sexual); (4) the contact involves a Respondent who cannot developmentally understand sexual contact or that their contact is sexual; or (5) the contact is something like butt-slapping on a team and is both minimal and unlikely to have sexual motivation or purpose, as shown by the context of the act(s).

[5] For purposes of the Policy, violence includes situations where the Respondent intentionally or recklessly causes the Complainant serious physical, emotional, or psychological harm.
(1) Intent is evidenced when a Reasonable Person would be more likely to act with the purpose of causing serious harm rather than for any other reason.
(2) Recklessness is evidenced by a disregard of obvious risk to the safety of the Complainant.
(3) Legitimate use of violence for self-defense is not chargeable under the Policy because the purpose is safety, not harm. It may also be used as a defense if is not clear at the time of charging whether the use of violence was for self-defense or not. Self-defense is only to be considered if it is prompted by physical violence or the threat thereof.
(4) Consensual use of violence, such as in kink relationships, would also not meet this definition, in most circumstances.
(5) Threats to seriously harm the Complainant or people they care about may be chargeable under this definition if doing so causes serious emotional or psychological harm.

[6] To categorize an incident as Domestic Violence under the Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

[7] As defined in the footnote for Dating Violence.

[8] The state definition of consent is applicable to criminal prosecutions for sex offenses in Kansas but may differ from the definition used by The College to address Policy violations.

[9] Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.

[10] As required by federal law, The College may not initiate a grievance process for allegations of Title IX Sexual Harassment without a Formal Complaint. For all other allegations of prohibited conduct under the Policy, a Formal Complaint is not required, and the College may initiate its grievance process upon Notice of the alleged misconduct. Notice can be substituted in place of references to a Formal Complaint for allegations other than Title IX Sexual Harassment throughout the Policy.

[11] 20 U.S.C. 1232g.

[12] 34 C.F.R. § 99.

[13] 42 U.S.C. sections 13701 through 14040.

[14] Defined terms are considered “terms of art” and are capitalized throughout this document.

[15] Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility under the Policy.

[16] If circumstances require, the President or Title IX Coordinator will designate another person to oversee the resolution process should an allegation be made about the Title IX Coordinator or the Title IX Coordinator be otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

[17] 34 C.F.R. § 106.45.

[18] These dismissal requirements are mandated by 34 CFR § 106.45.

[19] Such a Complainant is still entitled to supportive measures, but the Formal Grievance Process is not applicable unless the Title IX Coordinator signs the Formal Complaint in the event the Complainant cannot/will not do so.

[20] “Available” means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting roles, such as being a Title IX administrator who has an active role in the matter, or a supervisor who must monitor and implement sanctions.

[21] The College defines "predisposition" in alignment with its commonly understood and dictionary definition of being inclined toward a thing, action, or person. Predisposition does not encompass an aversion, or being disinclined to a thing, action, or person.

[22] The College defines “prior sexual behavior” to include only sexual actions taken by or involving Complainant prior to the reported incident(s), not to the absence of such actions.

[23] Hard-copy materials may be provided upon request to the Title IX Coordinator. The Final Investigation Report and Relevant Evidence may be shared using electronic means that preclude downloading, forwarding, or otherwise sharing.

[24] 34 C.F.R. § 668.46(k)(3)(B)(3) requires “timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings.”