ATIXA 2020 ONE POLICY, TWO PROCEDURES MODEL USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE TO ANNE ARUNDEL COMMUNITY COLLEGE. ALL OTHER RIGHTS RESERVED. ©2020. ATIXA
I. Overview
The College will act on any Formal Complaint or Report of violation of the Policy and Procedures that is received by the Title IX Coordinator or any other Official with Authority by applying this Formal Grievance Process. If an Official with Authority receives a Formal Complaint or Report, the Official with Authority will submit the Formal Complaint or Report to the Title IX Coordinator as soon as practicable.
This process applies only to allegations of Sexual Harassment or Retaliation that are within the scope of Title IX as defined in the Sexual Harassment and Sexual Misconduct Procedure (ATIXA) involving members of the College community.
These Procedures may be used to address collateral misconduct (e.g., vandalism, physical abuse of another) arising from the investigation of or occurring in conjunction with reported misconduct that is within the scope of Title IX. All other allegations of misconduct unrelated to incidents within the scope of Title IX will be addressed through the applicable College procedures.
II. Receipt of Formal Complaint or Report
Upon receipt of a Formal Complaint or Report to the Title IX Coordinator of an alleged violation of the Policy and Procedures, the Title IX Coordinator will initiate a prompt initial assessment to determine the next steps the College needs to take (“Initial Assessment”).
III. Initial Assessment
Following receipt of a Report or a Formal Complaint of an alleged violation of the Policy and Procedures, the Title IX Coordinator engages in an Initial Assessment, which is typically one (1) to five (5) Business Days in duration.
A. Process for Initial Assessment
The steps in an Initial Assessment include:
1. If a Report is made, the Title IX Coordinator will seek to determine if the Complainant wishes to make a Formal Complaint and will assist the Complainant to do so, if desired.
2. If the Complainant does not wish to file a Formal Complaint, the Title IX Coordinator will conduct an assessment to determine if there is a compelling threat to health or safety. If the Title IX Coordinator find as compelling threat, the Title IX Coordinator will draft and sign a Formal Complaint.
3. If a Formal Complaint is received, the Title IX Coordinator will assess the sufficiency of the Formal Complaint and work with the Complainant to make sure the Formal Complaint is complete.
4. The Title IX Coordinator will reach out to the Complainant to offer supportive measures.
5. The Title IX Coordinator will inform the Complainant of the Complainant’s right to have an Advisor.
6. The Title IX Coordinator will work with the Complainant to determine whether the Complainant prefers pursue a supportive and remedial response or pursue the Formal Grievance Process, which includes an investigation and a hearing.
a. If the Complainant prefers to pursue a supportive and remedial response, the Title IX Coordinator will work with the Complainant to identify the Complainant’s wishes and facilitate implementation.
i. The Title IX Coordinator will request that the Complainant complete a form, stating that the Complainant does not wish for the College to take further action at this time and that the Complainant has been informed of the right to elect to initiate the Formal Grievance Process at a later time, if desired.
ii. The Formal Grievance Process will not be initiated, and the Title IX Coordinator will administratively close the Complainant’s Formal Complaint. The Formal Complaint may be reopened at any time, if requested by the Complainant.
b. If the Complainant wishes to pursue the Formal Grievance Process, the Title IX Coordinator will determine whether there are grounds for dismissal of all or part of the Formal Complaint. See Section on Dismissal.
i. If there are no grounds for dismissal, the Title IX Coordinator will initiate the Formal Grievance Process.
ii. Based on the nature of the Formal Complaint, direct the investigation to address:
1) an incident, and/or
2) a pattern of alleged misconduct, and/or
3) a culture/climate issue.
B. Dismissal
1. The Title IX Coordinator must dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
a. The conduct alleged in the Formal Complaint would not constitute Sexual Misconduct or Retaliation within the scope of Title IX, even if proved;
b. The conduct alleged did not occur in an education program or activity controlled by the College (including buildings or property controlled by recognized student organizations);
c. The College does not have control of the Respondent;
d. The conduct did not occur against a person in the United States; and/or
e. At the time of filing a Formal Complaint, a Complainant is not participating in or attempting to participate in the education program or activity of the College.
2. The Title IX Coordinator may dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing:
a. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein; or
b. The Respondent is no longer enrolled in or employed by the College; or
c. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
3. If some allegations, if proved, would constitute Sexual Misconduct or Retaliation and others would not, the Title IX Coordinator will determine if the alleged misconduct arises out of the same facts and circumstances.
a. If so, the Title IX Coordinator will permit the additional allegations to be investigated and resolved through the Formal Grievance Process with the allegations of Sexual Misconduct or Retaliation.
b. If the allegations do not arise out of the same facts and circumstances, the Title IX Coordinator may dismiss the allegations that would not constitute Sexual Misconduct or Retaliation, if proven, and initiate a Formal Grievance Process on the Title IX allegations only. Prior to dismissal, the Title IX Coordinator will assess which policies and procedures, if any, may apply and refer the matter to the appropriate department or employee for resolution.
4. Dismissing a Formal Complaint under Title IX is procedural in nature and does not limit the College’s authority to address the allegations in a Formal Complaint with an appropriate process and remedies.
5. Upon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.
6. This dismissal decision is appealable by any party under the Procedures set forth below. See Section on Appeals.
7. The Complainant who voluntarily requested to withdraw a Formal Complaint or part of a Formal Complaint may refile the Formal Complaint at any time, and the Title IX Coordinator will initiate these procedures at the Initial Assessment stage.
IV. Right to an Advisor
The parties may each have an Advisor of their choice present with them for all meetings and interviews within the Formal Grievance Process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available.
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.
A. Who Can Serve as an Advisor
The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the Formal Grievance Process. The parties may choose Advisors from inside or outside of the College community.
1. To find an Advisor, Complainants may wish to contact organizations such as:
• The National Center for Victims of Crime which maintains the Crime Victim’s Bar Association), or
• The Time’s Up Legal Defense Fund.
2. To find an Advisor, Respondents may wish to contact organizations such as:
• Families Advocating for Campus Equality (FACE) or
• SAVE.
Any party who was enrolled as a student at the time of the incident alleged in the Formal Complaint is authorized to access counsel paid for by the Maryland Higher Education Commission (“MHEC”) as the party’s Advisor. To request an Advisor through MHEC, parties may contact Title IX Campus Sexual Assault Proceeds or email: TitleIXproceedings.mhec@maryland.gov.
The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. If a party chooses to have an Advisor assigned by the Title IX Coordinator, the Advisor will be trained by the College and be familiar with the College’s resolution process. If the parties choose their own Advisor, the Advisor may not have been trained by the College and may not be familiar with College policies and procedures.
Parties also have the right to choose not to have an Advisor in the initial stages of the Formal Grievance Process, prior to a hearing.
Any party may also have a personal supporter present at any meeting, interview or hearing during the Formal Grievance Process. No party may have more than two (2) people present at any meeting, interview or hearing, one of which is the party’s Advisor.
B. Advisors in Hearings/College-Appointed Advisor
The College is required to permit cross-examination of the Investigator(s), parties and witnesses during the hearing. Cross-examination may only be conducted by the parties’ Advisors. The parties are not permitted to directly cross-examine 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 cross-examination.
A party may reject this appointment and choose their own Advisor, but they may not proceed during a hearing without an Advisor. If the party’s Advisor will not conduct cross-examination, the College will appoint an Advisor who will do so, regardless of the participation or non-participation of the advised party in the hearing itself. The Decision-Maker may also question the parties and witnesses during the hearing.
C. Advisor’s Role
The parties may be accompanied by their Advisor in all meetings, interviews and hearings at which the party is entitled to be present, including intake and interviews. Advisors may help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.
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.
D. Advisor Violations of College Policy and Procedures
All Advisors are subject to the same College policies and procedures, whether they are attorneys or not. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address College officials in a meeting or interview unless invited to speak (e.g., asking procedural questions). The Advisor may not make a presentation or represent the party during any meeting or proceeding and may not speak on behalf of the party to the Investigator(s) or Decision-Maker except during a hearing proceeding during cross-examination.
The parties are expected to respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of the parties, the Advisor may consult with the party, 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. Advisors may not consult with the party during questioning of the party at a hearing, including during breaks in the hearing if the party will return for more questioning after the break.
Any Advisor who oversteps their role as defined by this process will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.
E. Sharing Information with the Advisor
The College expects that the parties may wish to have the College share documentation and evidence related to the allegations with their Advisors. Parties may share this information directly with their Advisor or other individuals if they wish. Doing so may help the parties participate more meaningfully in the resolution process.
The College also provides a consent form that authorizes the College to share such information directly with their Advisor. The parties must either complete and submit this form to the Title IX Coordinator or provide similar documentation demonstrating consent to a release of information to the Advisor before College is able to share records directly with an Advisor.
If a party requests that all communication be made through the party’s Advisor, the College will comply with that request but will continue to copy the party on all correspondence related to the Formal Complaint.
F. Privacy of Records Shared with Advisor
Advisors are expected to maintain the privacy of the records shared with them.
G. Expectations of an Advisor
The College generally expects an Advisor to adjust their schedule to allow them to attend College meetings when planned, but may change scheduled meetings 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 attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.
H. Expectations of the Parties with Respect to Advisors
A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Title IX Coordinator of the identity of their Advisor at least two (2) Business Days before the date of their first meeting with Investigator(s) (or as soon as possible if a more expeditious meeting is necessary or desired).
The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a consent form to release information to the new Advisor must be submitted.
If a party who had an Advisor appointed notifies the Title IX Coordinator that the party has chosen a different Advisor prior to the hearing, the appointed Advisor will not attend the hearing and the Advisor chosen by the party will be permitted to attend.
V. Resolution Processes
Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accordance with the Procedures. While there is an expectation of privacy around what an Investigator(s) shares with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose.
VI. Grievance Process Pool
The Procedures and this Process are distributed annually to all students, employees, prospective students, and prospective employees, which includes the members of the Pool. Members of the Pool who can serve as Investigators, Decision-Makers or Advisors include the following administrative positions:
Members of the Pool who may serve as Appeal Officers include the following administrative positions:
When the Title IX Coordinator believes there may be a conflict of interest or other good cause, the Title IX Coordinator may designate an external third party to serve as the Investigator, Advisor, Decision-Maker or Appeal Officer, with approval from the President of the College
A. Pool Member Roles
The Title IX Coordinator may appoint members of the Pool to serve any of the roles set forth above, as long as the member has been trained to serve in that role.
B. Pool Member Training
The Pool members receive annual training. This training includes, but is not limited to:
• The scope of the College’s Sexual Misconduct Policy and Procedures;
• How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability;
• Implicit bias;
• Disparate treatment and impact;
• Reporting, confidentiality, and privacy requirements;
• Applicable laws, regulations, and federal regulatory guidance;
• How to implement appropriate and situation-specific remedies;
• How to investigate in a thorough, reliable, and impartial manner;
• How to uphold fairness, equity, and due process;
• How to weigh evidence;
• How to conduct questioning;
• How to assess credibility;
• Impartiality and objectivity;
• How to render findings and generate clear, concise, evidence-based rationales;
• The definitions of all forms of Sexual Misconduct and the definition of Retaliation;
• How to apply definitions used by the College with respect to consent (or the absence or negation of consent) consistently and impartially;
• How to conduct an investigation and grievance process, including hearings;
• How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias ;
• Any technology to be used at a live hearing;
• Issues of relevance of questions and evidence;
• Issues of relevance to create an investigation report that fairly summarizes relevant evidence;
• How to draft a decision that fairly summarizes the findings and conclusions of the Decision- Maker; and
• How to determine appropriate sanctions in reference to all forms of Sexual Misconduct or Retaliation allegations
Specific training is also provided for Appeal Officers and the Title IX Coordinator and designees. Pool members are required to attend these trainings annually. The materials used to train all members of the Pool will be publicly posted.
VII. Notice of Investigation and Allegations
The Title IX Coordinator will provide written notice of the investigation and allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who will be given advance notice of when the NOIA will be delivered to the Respondent.
The NOIA will include:
Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges.
Notice will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the mailing or permanent address of the parties as indicated in official College records, or emailed to the parties’ College-issued email accounts. In rare circumstances where the College has suspended access to a Respondent’s College-issued email account, the College may send notices to the Respondent’s non-College email address. In such cases, the College will also mail a copy to the Respondent’s mailing or permanent address. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
VIII. Resolution Timeline
The College will make a good faith effort to complete the resolution process within a sixty-to-ninety (60- 90) Business Day time period, including Appeal, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.
IX. Appointment of Investigators
Once the decision to commence a formal investigation is made, the Title IX Coordinator will appoint a Pool member(s) to conduct the investigation, usually within two (2) Business Days of determining that an investigation should proceed.
X. Impartiality
Any individual materially involved in the administration of the resolution process, including the Title IX Coordinator, Investigator(s), Decision-Maker, and Appeal Officer (if any) may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.
Before assigning an Investigator(s), the Title IX Coordinator ask potential Investigator(s) whether there are any actual or apparent conflicts of interest or disqualifying biases. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If the Investigator or a party raises a concern, another Pool member will be assigned. The Title IX Coordinator, in the Title IX Coordinator’s sole discretion, may appoint an external third party as an Investigator(s), with approval from the President. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the President or designee.
The Formal Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy or procedure violation and evidence that supports that the Respondent did not engage in a policy or procedure violation.
Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness.
The College operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a violation of the Policy or Procedures by a preponderance of evidence.
XI. Investigation Timeline
Investigations are completed expeditiously, normally within thirty (30) Business Days, though some investigations may take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.
The College will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.
XII. Delays in the Investigation Process and Interactions with Law Enforcement
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 accommodations for disabilities or health conditions.
The College will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. The College will promptly resume its investigation and resolution process as soon as feasible. During such a delay, the College will implement supportive measures as deemed appropriate.
College action(s) 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.
XIII. Steps in the Investigation Process
All investigations will be thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.
All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.
A. Initial Investigation
The Investigator(s) typically take(s) the following steps, if not already completed (not necessarily in this order):
• Commence a thorough, reliable, and impartial investigation by identifying issues and developing an investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties;
• Amend the NOIA with any additional allegations discovered during the investigation;
• Interview the Complainant, Respondent and witnesses identified by the parties;
• Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes of the relevant evidence/testimony from their respective interviews and meetings;
• Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible;
• When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose;
• Interview all available, relevant witnesses and conduct follow-up interviews as necessary;
• Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of the other party and witnesses, and document in the investigation report which questions were asked, with a rationale for any changes or omissions;
• Complete the investigation promptly and without unreasonable deviation from the intended timeline;
• Provide regular status updates to the parties throughout the investigation;
• Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence and include Appendices containing all relevant physical or documentary evidence that was collected by the Investigator(s);
• Gather, assess, and synthesize evidence, but make no conclusions, engage in no analysis, and render no recommendations as part of the investigation report;
• Share the draft investigation report with the Title IX Coordinator and/or legal counsel for their review and feedback prior to submission of the draft investigation report to the parties;
• Redact information that is not directly related to the allegations, not relevant to the allegations, is privileged or is a party’s treatment records for which the party has not given consent to disclose; and
• Provide the Title IX Coordinator with the draft investigation report to send to the parties and their Advisors
B. Non-Disclosure Agreement
Prior to the submission of the draft investigation report to the parties and their Advisors, the Title IX Coordinator will require that each parties and their Advisor, if any, sign a non-disclosure agreement (“NDA”) that provides that the party or Advisor will not to disseminate the draft or final investigation report or any of the evidence included with the investigation report or use such evidence for any purpose unrelated to the Title IX grievance process. The NDA will not restrict the parties’ ability to discuss the allegations; however, the parties and Advisors will not be permitted to disclose the draft or final investigation report or the evidence collected during the investigation.
C. Draft Investigation Report
The Title IX Coordinator will send the draft investigation report, a copy of the evidence included in the investigation report by the Investigator and any evidence that was collected by the Investigator but was not included in the investigation report simultaneously to all parties, who have submitted a signed NDA, This information will be sent through secure electronic transmission or by hard copy. If the party has consented to submitting investigation reports to the party’s Advisor and the Advisor has submitted a signed NDA, the Title IX Coordinator will also send this information to the Advisor.
The Parties will be given an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the College does not intend to rely in reaching a determination, for a ten (10) Business Day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten (10) Business Days in writing. The parties should submit their comments and any additional evidence, names of witnesses or questions for witnesses directly to the Investigator(s).
D. Additional Investigation and Final Investigation Report
After review and comment period has expired, the Investigator(s) typically take(s) the following steps, if not already completed (not necessarily in this order):
• Share the responses between the parties for additional responses or conduct additional interviews;
• Incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, witness interviews, any other revisions or corrections, and finalize the investigation report;
• Document all rationales for any changes made to the investigation report after the review and comment period;
• Share the final investigation report with the Title IX Coordinator and/or legal counsel for their review and feedback prior to submission of the final investigation report to the parties; and
• Incorporate any relevant feedback, finalize the investigation report and submit it to the Title IX Coordinator.
The Title IX Coordinator will send the final investigation report, a copy of the evidence included in the investigation report by the Investigator and any evidence that was collected by the Investigator but was not included in the investigation report simultaneously to all parties, who have submitted a signed NDA, This information will be sent through secure electronic transmission or by hard copy. If the party has consented to submitting investigation reports to the party’s Advisor and the Advisor has submitted a signed NDA, the Title IX Coordinator will also send this information to the Advisor.
XIV. Role and Participation of Witnesses in the Investigation
Witnesses (as distinguished from the parties) who are Employees of the College are expected to cooperate with and participate in the College’s investigation and resolution process. Failure of such witnesses to cooperate with and/or participate in the investigation or resolution process constitutes a violation of these Procedures and may warrant discipline.
The parties and witnesses may be interviewed in-person, by telephone or through electronic means, such as via Microsoft Teams, Zoom, FaceTime, WebEx, or similar technologies. The College will take appropriate steps to reasonably ensure the security/privacy of remote interviews.
Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless all parties and the Decision-Maker assent to the witness’s participation in the hearing. The same holds for any evidence that is first offered at the hearing. If the parties and Decision- Maker do not assent to the admission of evidence or witness testimony newly offered at the hearing, the Decision-Maker will delay the hearing and instruct that the investigation needs to be re-opened to consider that evidence or witness testimony.
XV. Recording of Interviews
No unauthorized audio or video recording of any kind is permitted during investigation meetings. If Investigator(s) elect to audio and/or video record interviews, all involved parties must be made aware of and consent to audio and/or video recording.
XVI. Evidentiary Considerations in the Investigation
The Investigator(s) will not include information about the following in their investigation report: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) the character of the parties; or 3) the Complainant’s sexual predisposition or 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 conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent; 4) the parties’ prior sexual history with an individual other than the Complainant or Respondent, except to prove the source of injury, prove prior sexual misconduct, support a claim that a party has an ulterior motive, or impeach a party’s credibility after that party has put their own sexual conduct at issue; and 5) a party’s history of mental health counseling, treatment or diagnosis, unless the party consents.
XVII. Referral for Hearing
Once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing
XVIII. Decision-Maker
The Title IX Coordinator will select an appropriate Decision-Maker from the Pool. Upon confirming availability to serve as the Decision-Maker, the Title IX Coordinator will send a copy of the final investigation report and evidence included by the Investigator(s) in the investigation report to the Decision-Maker.
The Decision-Maker will not have had any previous involvement with the investigation. Those who have served as Investigators will be witnesses in the hearing and may not serve as a Decision-Maker. Those who are serving as Advisors for any party may not serve as the Decision-Maker in that matter.
The Title IX Coordinator may not serve as a Decision-Maker 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 designee may fulfill this role. An administrative facilitator assists in handling the logistics for the parties, witnesses and Advisors, recording and/or virtual conferencing technology, providing for parties and Advisors to access the evidence during the hearing, timing opening and closing statements, and other administrative tasks requested by the Decision-Maker. The hearing will convene at a date and time determined by the Title IX Coordinator.
The hearing must take place at least ten (10) Business Days after the date that the final investigation report and evidence was sent to the parties–unless all parties and the Decision-Maker agree to an expedited timeline in writing.
XIX. Notice of Hearing
At least than ten (10) Business Days prior to the hearing, the Title IX Coordinator will send notice of the hearing (“Hearing Notice”) to the parties, the Decision-Maker and the Investigator(s). Once mailed, emailed, and/or given in-person, notice will be presumptively delivered.
The Hearing Notice will contain:
The College may place a hold on graduation, registration for courses, and/or official transcripts until the matter is fully resolved (including any appeal). A student facing charges under the Policy and Procedures is not in good standing to graduate.
XX. Pre-Hearing Conference Preparation
No later than three (3) Business Days after the Hearing Notice is sent to the parties, the parties must submit the following to the Title IX Coordinator in writing:
A. Advisors
If a party does not provide the name of an Advisor by the deadline, the Title IX Coordinator will appoint an Advisor for the party.
B. Objections to the Decision-Maker
A Decision-Maker will only be removed and replaced if the Title IX Coordinator concludes that the objection raised by a party shows that the Decision-Maker has a bias or conflict of interest that precludes an impartial hearing of the allegation(s).
A Decision-Maker may also recuse themselves if they believe they have a bias or conflict of interest that would limit their ability to hold an impartial hearing of the allegation(s) by notifying the Title IX Coordinator as soon as possible.
If the Decision-Maker is replaced by the Title IX Coordinator, the Title IX Coordinator will provide notice of the name of the new Decision-Maker to the parties in writing and the parties will be given three (3) Business Days to object in accordance with these Procedures.
C. Attending the Hearing Remotely or in Separate Rooms
If a party requests to attend remotely or seeking to have the parties located in separate rooms, the Title IX Coordinator will arrange to use technology to allow remote testimony without compromising the fairness of the hearing. The technology used must enable the Decision- Maker and parties to see and hear a party or witness answering questions.
If requested by the party, remote options may be provided for the party’s Advisor or witnesses who cannot appear in person.
D. Disability Accommodations, Language Assistance and Interpretation Services
Upon request, the Title IX Coordinator will work with Disability Support Services, Human Resources or other appropriate offices or department to make arrangements for disability accommodations, language assistance and interpretation services at the hearing or pre-hearing conference.
XXI. Witness and Evidence Lists, Topics for Questioning and Objections
During the ten (10) Business Day period prior to the hearing, the parties have the opportunity for continued review on the final investigation report and available evidence. The parties or their Advisors may object to the investigation report, witnesses or evidence at the pre-hearing conference or at the hearing.
Prior to the pre-hearing conference, the parties or their Advisors must submit a written list of witness and evidence that they intend to rely on at the hearing, topics for questioning at the hearing, and objections to the relevance of evidence or witnesses included with the final investigation report to the Decision-Maker. The list of objections may also include a list of evidence collected during the investigation but not included in the final investigation report that the parties seek to introduce at the hearing. The parties must state the reasons for each objection.
The Decision-Maker will provide a copy to the other party and their Advisor and the Title IX Coordinator
XXII. Pre-Hearing Conference
The Decision-Maker will convene a pre-hearing conference with all parties on the date set forth in the Hearing Notice. If the party has an Advisor, the Advisor may also attend. Pre-hearing conferences will be held by telephone or through electronic means and may be recorded in the discretion of the Decision-Maker. No unauthorized audio or video recording of any kind is permitted during pre-hearing conferences. If the Decision-Maker elects to audio and/or video record the pre-hearing conference, all involved parties must be made aware of and consent to audio and/or video recording.
The Decision-Maker may ask legal counsel and/or the Title IX Coordinator to attend the pre-hearing conference.
The purpose of the pre-hearing conference is for the Decision-Maker to rule on relevance issues raised by the parties ahead of time to avoid any improper evidentiary introduction in the hearing. However, this advance review opportunity does not preclude the Advisors from asking at the hearing for a reconsideration based on any new information or testimony offered at the hearing or making objections at the hearing.
At the pre-hearing conference, the Decision-Maker will give each party or their Advisor an opportunity to explain their objections to the relevance of the witnesses, topics or evidence. The Decision-Maker will give the other party or their Advisor an opportunity to respond. The Decision-Maker will try to facilitate agreements regarding the admissibility of witnesses and evidence.
At least two (2) Business Days prior to the hearing, the Decision-Maker will share a draft of the written decision on the objections, rationale for any exclusion or inclusion of witnesses, topics or evidence and any agreements that were reached at the conference to the Title IX Coordinator and/or legal counsel. The Title IX Coordinator must provide the written decision to the parties at least one (1) Business Day prior to the hearing.
XXIII. Hearing Procedures
At the hearing, the Decision-Maker has the authority to hear and make determinations on all allegations of Sexual Misconduct and/or Retaliation and may also hear and make determinations on any additional alleged policy and procedure violations that arise out of the same facts and circumstances, even though those collateral allegations may not specifically fall within the scope of the Policy and Procedures.
The Decision-Maker will answer all questions of hearing procedure. The Decision-Maker may consult privately with legal counsel or the Title IX Coordinator, as needed.
Anyone appearing at the hearing to provide information, including Investigator(s), parties and witnesses, will respond to questions on their own behalf.
The Decision-Maker will allow witnesses who have relevant information to appear during the portion of the hearing when they are being questioned and will, then, be excused by the Decision-Maker.
Witnesses will not be permitted to be present at the hearing during the testimony of the parties or other witnesses.
Any evidence that the Decision-Maker determines is relevant and credible may be considered. The Decision-Maker will not consider the following to be relevant: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) the character of the parties; or 3) the Complainant’s sexual predisposition or 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 conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent; 4) the parties’ prior sexual history with an individual other than the Complainant or Respondent, except to prove the source of injury, prove prior sexual misconduct, support a claim that a party has an ulterior motive, or impeach a party’s credibility after that party has put their own sexual conduct at issue; and 5) a party’s history of mental health counseling, treatment or diagnosis, unless the party consents.
Previous disciplinary action of any kind involving the Respondent may not be used to determine responsibility and may only be considered in determining an appropriate sanction after a determination of responsibility has been made.
After post-hearing deliberation, the Decision-Maker will render a written determination based on a preponderance of the evidence (i.e., whether it is more likely than not that the Respondent violated the Policy and Procedures as alleged).
XXIV. Joint Hearings
In hearings involving more than one (1) Respondent or in which two (2) or more Complainants have accused the same individual 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 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 with respect to each alleged policy and procedure violation.
XXV. The Order of the Hearing
The Decision-Maker will begin by stating that the hearing is being recorded and that by continuing to participate in the hearing, the parties and their Advisors are consenting to the recording. The Decision-Maker will state that no other recording of the hearing is permitted. The Decision-Maker will have everyone present at the hearing state their names on the record.
The Decision-Maker will explain the process. Each party’s Advisor will be permitted to make an opening statement; the Investigator(s) will present their final investigation report and be subject to questioning; the party’s Advisors will present evidence and question witnesses, who will be subject to cross-examination by the other party’s Advisor; each party’s Advisor will be permitted to make a closing argument; and then, the hearing will be closed and the Decision-Maker will deliberate.
XXVI. Opening Statements
Each party’s Advisor will be permitted to give an opening statement. The Decision-Maker will invite the Complainant’s Advisor to give an opening statement first. Then, the Decision-Maker will invite the Respondent’s Advisor to give an opening statement. If there is more than one Complainant or Respondent, the Decision-Maker will determine the order, which will be used throughout the hearing. Each party’s Advisor, regardless of how many Complainants and Respondents are joined in the hearing, will be given no more than ten (10) minutes for their opening statement.
XXVII. Investigator Presents the Final Investigation Report
After opening statements, the Decision-Maker will invite the Investigator(s) to present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the parties’ Advisors. The Decision-Maker may ask questions at any time during the testimony of the Investigator(s). The Investigator(s) will be present during the entire hearing process, but not during deliberations.
Neither the parties’ Advisors nor the Decision-Maker should ask the Investigator(s) their opinions on credibility, recommended findings, or determinations, and the Investigator(s), Advisors, and parties will refrain from discussion of or questions about these assessments. If such information is introduced, the Decision-Maker will disregard such information.
XXVIII. Testimony and Questioning
Once the Investigator(s) present their final investigation report and are questioned, the Advisor for the parties will be permitted to present evidence and call witnesses, including the parties. The parties are not required to testify. Witnesses are permitted to attend only for their testimony. When witnesses enter the hearing, the Decision-Maker will state that the hearing is being recorded and that by participating in the hearing, the witness is consenting to the recording. When the witness’ testimony is complete, the witness will be excused from the hearing and asked not to disclose any of the matters discussed during the hearing.
The Advisor for the Complainant(s) may present information and call witnesses. The Advisor for the Complainant(s) may ask questions of the witnesses. The Advisor for the Respondent(s) may follow-up with any questions (“cross-examination”).
The Advisor for the Respondent(s) may present information and call witnesses. The Advisor for the Complainant(s) may follow-up with cross-examination questions.
The Decision-Maker may ask questions at any time during witness testimony.
If the Decision-Maker has any follow up questions for the Investigator(s), the parties or any of the witnesses who testified, the Decision-Maker may request for the witness to rejoin the meeting to take more testimony.
All questions are subject to a relevance determination by the Decision-Maker. Advisors may make objections on the basis of relevance to the questions being asked of the Investigator(s), parties or witnesses. If an objection is made, the witness will not answer, and the Decision-Maker will determine whether the question will be permitted, disallowed, or rephrased. The Decision-Maker may permit the other party’s Advisor to make arguments regarding relevance before ruling on the question. The Decision-Maker will then state their decision on the question for the record and advise the Investigator/party/witness to whom the question was directed, accordingly. The Decision-Maker will explain any decision to exclude a question as not relevant, or to reframe it for relevance.
The Decision-Maker will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Decision-Maker has final say on all questions and determinations of relevance, subject to any appeal. The Decision-Maker may consult with legal counsel on any objections. Once the Decision-Maker renders a ruling on a question, the Advisor may not make further arguments related to the question.
If the parties raise an issue of bias or conflict of interest of an Investigator or Decision-Maker at the hearing, the Decision-Maker may elect to address those issues, consult with legal counsel, and/or refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the Decision-Maker should not permit irrelevant questions that probe for bias.
XXIX. Refusal to Submit to Cross-Examination and Inferences
The Decision-Maker may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
If a party’s Advisor of choice refuses to comply with the College’s established rules of decorum for the hearing, the College may require the party to use a different Advisor. If a College-provided Advisor refuses to comply with the rules of decorum, the College may provide that party with a different Advisor to conduct cross-examination on behalf of that party. If the Decision-Maker determines that a party’s Advisor has not complied with the College’s rules of decorum and the Advisor needs to be replaced, the Decision-Maker will postpone the hearing to another date to give the new Advisor time to prepare; however, the delay will not be unreasonable.
XXX. Closing Arguments
Each party’s Advisor may make a summary closing argument. Advisors may refer to any evidence that was not excluded by the Decision-Maker and any testimony or prior statements included in the final investigation report by any witness or party that testified at the hearing and was subject to cross- examination. Advisors may not refer to evidence that was excluded or testimony or prior statements from any witness or party that did not testify at the hearing and was subject to cross-examination.
The Advisor of Complainant(s) will give the closing argument first, followed by the Advisor of the Respondent(s). Each party’s Advisor, regardless of how many Complainants and Respondents are joined in the hearing, will be given no more than ten (10) minutes for their closing argument.
The Decision-Maker will then close the hearing, cease recording and retire to deliberate in private.
XXXI. Deliberation, Decision, and Standard of Proof
The Decision-Maker will deliberate to determine whether the Respondent is responsible or not responsible for the policy and procedure violation(s) in question. The preponderance of the evidence standard of proof is used. If the Decision-Maker determines that the Respondent(s) is responsible for one (1) or more of the allegations, the Decision-Maker will request that the Title IX Coordinator provide a copy of any pertinent prior disciplinary records to the Decision-Maker for purposes of sanctioning.
The Decision-Maker will then prepare a written deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence relied on, credibility assessments, and any sanctions, if the Respondent(s) was found responsible.
The deliberation statement must be submitted to the Title IX Coordinator within three (3) Business Days of the end of hearing, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.
XXXII. Notice of Outcome
Using the deliberation statement, the Title IX Coordinator will work with the Decision-Maker to prepare a Notice of Outcome. The Notice of Outcome will then be reviewed by the College’s legal counsel.
The Notice of Outcome will be sent to the parties and the parties’ Advisors simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official College records, or emailed to the parties’ College-issued email. In rare circumstances where the College has suspended access to a Respondent’s College-issued email account, the College may send notices to the Respondent’s non-College email address. In such cases, the College will also mail a copy to the Respondent’s mailing or permanent address. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
The Notice of Outcome will identify the specific policy and procedures reported to have been violated, including the relevant policy and procedure section(s), and will contain a description of the procedural steps taken by the College from the receipt of the Formal Complaint to the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearing(s) held.
The Notice of Outcome will specify the finding on each alleged policy or procedure violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy or procedure to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the College is permitted to share such information under state or federal law; any sanctions issued which the College is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to the College’s educational or employment program or activity, to the extent the College is permitted to share such information under state or federal law (this detail is not typically shared with the Respondent unless the remedy directly relates to the Respondent).
The Notice of Outcome will state that the decision is final, unless appealed, and will include the relevant appeal procedures.
XXXIII. Recording Hearings
Hearings (but not deliberations) are recorded by the College for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.
The Decision-Maker(s), the parties, their Advisors, and appropriate administrators of the College will be permitted to listen to the recording in a controlled environment determined by the Title IX Coordinator. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator.
XXXIV. Sanctions
Factors considered when determining a sanction(s) may include, but are not limited to:
The sanction(s) will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the time to appeal without an appeal being requested.
The sanction(s) described in the Policy and Procedures are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by external authorities.
A. Student Sanctions
The following are the sanctions that may be imposed upon students or organizations singly or in combination:
• Written Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions;
• Required Counseling: A mandate to meet with and engage in either College-sponsored or external counseling to better comprehend the misconduct and its effects;
• Required Training or Education: A mandate to engage in either College-sponsored or external training or education to better comprehend the misconduct and its effects;
• Probation: A disciplinary status, set forth in the student’s record, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from College activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate;
• Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met;
• Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend College-sponsored events;
• Withholding Diploma: The College may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities if the student has an allegation pending or as a sanction if the student is found responsible for an alleged violation;
• Revocation of Degree: The College reserves the right to revoke a degree previously awarded from the College for violation of the College’s Sexual Misconduct Policy and Procedures in obtaining the degree, or for other serious violations committed by a student prior to graduation;
• Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including College registration) for a specified period of time; and/or
• Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.
B. Employee Sanctions
The following are the sanctions that may be imposed upon employees singly or in combination:
• Verbal or Written Reprimand: A formal statement that the misconduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions;
• Required Counseling: A mandate to meet with and engage in either College-sponsored or external counseling to better comprehend the misconduct and its effects;
• Required Training or Education: A mandate to engage in either College-sponsored or external training or education to better comprehend the misconduct and its effects;
• Probation: A disciplinary status, set forth in the employee’s record, providing for more severe disciplinary sanctions in the event that the employee is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from College activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate;
• Loss of Oversight or Supervisory Responsibility: A removal of job duties related to direct oversight or supervisor over other College employees, which may result in a reduction in salary and/or benefits;
• Demotion: A reduction in an employee’s rank or job title within the College’s hierarchy, which may result in a reduction in salary and/or benefits as well as loss of other privileges associated with a higher rank or title;
• Suspension with pay: Paid time away from the College for a definite period of time and/or until specific criteria are met;
• Suspension without pay: Unpaid time away from the College for a definite period of time and/or until specific criteria are met;
• Termination: Permanent dismissal of the employee from the College and revocation of rights to be on campus for any reason or to attend College-sponsored events; and/or
• Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.
XXXV. Withdrawal or Resignation While Charges Pending
A. Students
If a student has an allegation pending for violation of the Policy and Procedures, the College may place a hold on a student’s ability to complete a course, graduate and/or to receive an official transcript/diploma.
Should a student decide to not participate in the resolution process, the Formal Grievance Process will proceed absent their participation to a resolution. Should a student Respondent permanently withdraw from the College, the resolution process ends, as the College no longer has disciplinary jurisdiction over the withdrawn student.
However, the College will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Sexual Misconduct and/or Retaliation. The student who withdraws or leaves while the process is pending may not return to the College. Such exclusion applies to all campuses and off site locations of College. A hold will be placed on their ability to be readmitted. They may also be barred from College property and/or events.
If the student Respondent only withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely or may continue at the time that the Respondent seeks to enroll in courses at the College.
B. Employees
Should an employee Respondent resign with unresolved allegations pending, the resolution process may be suspended, as the College no longer has disciplinary jurisdiction over the resigned employee.
However, the College will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged Sexual Misconduct and/or Retaliation.
The Employee who resigns with unresolved allegations pending is not eligible for rehire with the College or any campus or off site location of the College, and the records retained by the Title IX Coordinator and Human Resources will reflect that status.
XXXVI. Appeals
Any party or the party’s Advisor on behalf of the party (“Appealing Party”) may file a request for appeal by submitting a written Request for Appeal to the Title IX Coordinator within five (5) Business Days of the Notice of Outcome having been sent to the parties.
The Title IX Coordinator will appoint a single Appeal Officer to decide the appeal. The Appeal Officer may not have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process.
The Title IX Coordinator will forward the Request for Appeal to the Appeal Officer for consideration to determine if the request meets the grounds for appeal (“Review for Standing”).
The Review for Standing is not a review of the merits of the appeal, but solely a determination as to whether the Request for Appeal asserts one (1) or more of the grounds for appeal and is timely filed.
If more than one (1) party appeals the Notice of Outcome, the Appeal Officer will review and decide all appeals related to the Notice of Outcome in one (1) proceeding.
A. Grounds for Appeal
Appeals are limited to the following grounds:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter; and
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.
If any of the grounds in the Request for Appeal do not meet the grounds in the Procedures, the Appeal Officer will dismiss the appeal at the Review for Standing and submit a written decision of dismissal to the Title IX Coordinator, setting forth the rationale for dismissal. The written decision of dismissal will be reviewed by legal counsel. The Title IX Coordinator will send a copy of the written decision to dismiss to the parties and their Advisors.
If any of the grounds in the Request for Appeal meet the grounds set forth above, then the Appeal Officer will submit a written notification to the Title IX Coordinator that the appeal will proceed and specify which grounds will be permitted to proceed. If the Appeal Officer has determined that some grounds asserted in the Request for Appeal do not meet the grounds set forth above, the written notification will state any grounds that the Appeal Officer has dismissed and the rationale for the dismissal. The written decision of dismissal will be reviewed by legal counsel.
When all or part of the Request for Appeal is permitted to proceed, the Title IX Coordinator will send the written notification to all parties and their Advisors and will include a copy of the Request for Appeal to the other party or parties (“Non-Appealing Party”), including any written decision of dismissal of part of the Request for Appeal. When appropriate, the Title IX Coordinator may send the Request for Appeal and written notification to the Investigator(s) and/or the original Decision- Maker. Notices will be mailed, emailed, and/or delivered in person.
The Non-Appealing Party will be given seven (7) Business Days to submit a response to the portion of the appeal that was permitted to proceed to the Title IX Coordinator. The Title IX Coordinator will send all responses to all other parties and their Advisors. If the Non-Appealing Party does not submit a response within this time period, the Appeal Officer will decide the appeal without a response.
The Appealing Party will be given three (3) Business Days to submit a reply to the response. If the Appealing Party does not submit a reply within this time period, the Appeal Officer will decide the appeal without a reply.
Upon receipt of the response(s) and reply(ies) or expiration of the time permitted to submit a response(s) or reply(ies), the Title IX Coordinator will submit all responses and replies received to the Appeal Officer or inform the Appeal Officer that no responses and/or replies were received.
The Appeal Officer may collect any additional information needed. If additional information is collected, all parties will be provided with a copy of the information. If the Decision-Maker would like to review the recording of the hearing, the Decision-Maker may request a copy of the recording or a transcript of the recording.
The Appeal Officer will apply the clear error standard of review and will prepare a Notice of Appeal Outcome and submit it to the Title IX Coordinator. The Notice of Appeal Outcome will be reviewed by legal counsel. The Appeal Officer will render a decision within ten (10) Business Days from the date the Title IX Coordinator sent the responses and/or replies, if any, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.
The Notice of Appeal Outcome will be sent to all parties simultaneously, including the decision on each permitted ground and rationale. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for returning the Formal Complaint to the original Investigator(s) and/or Decision-Maker for reconsideration, any sanctions that may result which the College is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the College is permitted to share under state or federal law. The Notice of Appeal Outcome will state that the decision is final, unless the matter was returned to the original Investigator(s) and/or Decision-Maker for reconsideration.
Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records, or emailed to the parties’ College-issued email. In rare circumstances where the College has suspended access to a Respondent’s College-issued email account, the College may send notices to the Respondent’s non-College email address. In such cases, the College will also mail a copy to the Respondent’s mailing or permanent address. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.
B. Format of Request for Appeal and Responses
Requests for Appeal and responses are limited to ten (10) pages in length, using 12-point font, double-spaced and with one (1) inch margins on all sides. Replies are limited to five (5) pages in length, using 12-point font, double-spaced and with one (1) inch margins on all sides.
Requests for Appeal must state the grounds for appeal, the evidence and testimony supporting the grounds for appeal, the relief sought (e.g., reversal, reduced/increased sanction, consideration of new evidence or new hearing) and any other appropriate information.
Responses to appeals must state the reasons the appeal or relief sought should not be granted, the evidence and testimony supporting denial of the appeal and any other appropriate information.
Replies to responses are limited to responding to the information and arguments set forth in the response.
C. Sanctions Status during the Appeal
Any sanctions imposed as a result of the hearing are stayed during the appeal process. Supportive measures may be reinstated, subject to the Procedures above.
Pending appeal, the Title IX Coordinator may impose emergency removal, subject to the Procedures above.
The College may place holds on official transcripts, diplomas, graduations, and course registration pending the outcome of an appeal.
D. Appeal Considerations
• Decisions on appeal are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction(s) only if there is a compelling justification to do so.
• Appeals are not intended to provide for a full re-hearing (i.e., de novo review) of the allegation(s). Appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal, unless the Appeal Officer requests additional information.
• An appeal is not an opportunity for Appeal Officer to substitute their judgment for that of the original Decision-Maker merely because they disagree with the finding and/or sanction(s).
• The Appeal Officer may consult with the Title IX Coordinator on questions of procedure or rationale, for clarification, if needed.
• Appeals granted based on new evidence should normally be returned to the original Investigator(s) and/or Decision-Maker for reconsideration. Other appeals may be returned to the original Investigator(s) and/or Decision-Maker at the discretion of the Appeal Officer.
• In rare cases where a procedural or substantive error cannot be cured by the original Decision- Maker (as in cases of bias), the appeal may order a new hearing with a new Decision-Maker.
• Once an appeal is decided, the outcome is final. Further appeals are not permitted, even if a decision or sanction is changed by the Appeal Officer or after reconsideration (except in the case of a new hearing).
• The results of reconsideration by a Decision-Maker cannot be appealed.
• The results of a new hearing can be appealed, once, on any of the three (3) available appeal grounds.
• In cases in which the appeal results in reinstatement to the College or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.
XXXVII. Long-Term Remedies
Following the conclusion of the resolution process, and in addition to any sanction(s) implemented, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the Sexual Misconduct and/or Retaliation, remedy the effects, and prevent reoccurrence.
These remedies may include, but are not limited to:
At the discretion of the Title IX Coordinator, certain long-term supportive measures may also be provided to the parties, even if no policy or procedure violation is found.
When no policy or procedure violation is found, the Title IX Coordinator will address any remedies that may be applied to the Respondent to ensure no effective denial of educational access.
The College will maintain the privacy of any long-term remedies or supportive measures, provided privacy does not impair the College’s ability to provide these remedies or supportive measures.
XXXVIII. Failure to Comply with Sanctions and/or Long-Term Remedies
All Respondents are expected to comply with the assigned sanctions, emergency removal, supportive measures and long-term remedies within the timeframe specified by the Decision-Maker (including the Appeal Officer).
Failure to abide by the sanction(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s), including suspension, expulsion, and/or termination from the College.
A suspension will only be lifted when compliance with the sanction(s) is achieved to the satisfaction of the Title IX Coordinator.
XXXIX. Recordkeeping
The College will maintain for a period of at least seven (7) years records of:
A. Each investigation, including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;
B. Any decision rendered by the Decision-Maker;
C. Any disciplinary sanction(s) imposed on the Respondent;
D. Any remedies provided to the Complainant designed to restore or preserve equal access to the College’s education program or activity;
E. Any appeal and the result therefrom;
F. All materials used to train Title IX Coordinators, Investigators, Decision-Makers, Appeal Officers and Advisors; and
G. Any actions, including any supportive measures, 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; and
3. If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
The College will also maintain any and all records in accordance with state and federal laws.
XL. Disabilities Accommodations in the Resolution Process
The 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 process.
Anyone needing such accommodations or support should contact the Director of Disability Services or Human Resources, who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.
XLI. Revision of this Policy and Procedures
This Policy, Procedures and Process supersede any previous policies, procedures and processes addressing Sexual Misconduct and/or Retaliation that fall within the scope of Title IX. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.
During the resolution process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with notice (on the institutional website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in the Policy and Procedures.
If government laws or regulations change – or court decisions alter – the requirements in a way that impacts this document, this document will be construed to comply with the most recent government regulations or holdings.
This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such policies and codes, generally.
Policy Title: Formal Grievance Process for Alleged Violations of the Sexual Misconduct Policy Procedure (ATIXA)
Policy Category: General
Policy Owner: President
Policy Administrator: Chief Compliance and Fair Practices Officer
Contact Information: complianceofficer@aacc.edu, (410) 777-1239
Approval Date: October 13, 2025
Effective Date: October 30, 2025
History: Adopted May 10, 1994; revised May 12, 2009; June 9, 2015 (effective July 1, 2015; revised on August 14, 2020
Applies to: All Faculty, Staff and Students
Related Policies: N/A
Related Procedures:
Forms/Guidelines: N/A
Relevant Laws: Maryland Education Article, 11-601