麻豆传媒官网

Policy and Processes

INTERIM POLICY AND PROCEDURES
Updated August 2026

Table of Contents

1. Notice of Nondiscrimination
   Rationale for Policy
   Title IX Compliance
2. Scope of Policy
   Jurisdiction of Policy
   Privacy & Confidential Resources
3. Title IX Coordinator Contact Information
4. Mandated Reporter Responsibilities
5. Prohibited Conduct
   Discrimination
   Harassment
   Title IX Sexual Harassment
   Sexual Misconduct
   Other Prohibited Conduct
   Consent, Coercion, Force, and Incapacitation
   Retaliation
6. Reporting Options
   Reporting to the Title IX Coordinator
   Reporting to Mandated Reporters
   Reporting to Local Law Enforcement
   Anonymous Reporting
   Reporting to Confidential Resources
   Additional Reporting Information
7. Supportive Measures
8. Evaluation of Reported Incidents
   Communication with Complainant
   Assessment of Prohibited Conduct and Procedures
   Emergency Removal
   Administrative Leave
9. Formal Complaints
   Filing a Formal Complaint
   Complaint Withdrawals
   Complaints Initiated by the Title IX Coordinator
   Dismissal of Complaints
   Consolidation of Complaints
   Counterclaims
10. Complaint Resolution Procedures: General Information
    Conflicts of Interest
    Relevant & Not Relevant Evidence
    Standard of Proof
    Right to an Advisor and Support Person
11. 1. Complaint Resolution Procedures: Step by Step
    1. Notice of Investigation and Allegations
    2. Complaint Investigations
    3. 1 Non-Title IX Decision-Making Process
    3. 2 Live Hearing for Title IX Sexual Harassment
    4. Deliberations and Notice of Outcome
       Disciplinary Sanctions
       Remedies
    5. Appeals
10. 2 Informal Resolution Process
    
    

Glossary of Terms
Additional Information
Recordkeeping
Federal Statistical Reporting Obligations
Federal Timely Warning Obligations
Revision

1. NOTICE OF NON-NONDISCRIMINATION

麻豆传媒官网 adheres to all federal and state civil rights laws and regulations prohibiting discrimination in private institutions of higher education.

麻豆传媒官网 affirms the dignity of all persons as made in the image of God. Hope College is committed to being a welcoming, vibrant and caring academic community where academic excellence and the pursuit of knowledge are strengthened by our commitment to diversity, equity, and inclusion; and grounded in the historic Christian faith, where the full humanity of all may flourish in an environment in which there is room for different perspectives that bring people together. It is the policy of 麻豆传媒官网 not to discriminate on the basis of age, color, disability, ethnicity, familial status, genetic information, height, national origin, race, religion, sex, gender, gender identity, pregnancy, sexual orientation, veteran status, weight or any other legally protected attribute, status or characteristic, except in the event of a bona fide occupational qualification. 麻豆传媒官网鈥檚 Freedom of Expression Statement can be found here: /about/free-expression.html 

Our commitment to an equitable and inclusive place of learning, living, and working together, and to prevent discrimination and harassment, is the responsibility of all members of the Hope community.

This Policy covers nondiscrimination in all the College鈥檚 programs and activities, including employment, admissions, and access to educational opportunities.

Therefore, any member of the 麻豆传媒官网 community whose acts deny, deprive, or limit the educational or employment or residential and/or social access, benefits, and/or opportunities of any member of the 麻豆传媒官网 community (students and employees), guest, or visitor on the basis of that person鈥檚 legally protected attribute, status or characteristic listed above is in violation of the 麻豆传媒官网 policy on nondiscrimination. 麻豆传媒官网 also provides accommodations to individuals with disabilities.

When brought to the attention of 麻豆传媒官网, any such discrimination will be promptly and fairly addressed and remedied by 麻豆传媒官网 according to the applicable grievance process described below.

The following individual has been designated to handle inquiries regarding the College鈥檚 nondiscrimination policies:

Cara Maat
Associate Dean for Community Belonging and Title IX Coordinator
DeWitt Student Cultural Center 107C
141 East 12th Street 616.395.6816
Email: maatc@hope.edu
Phone: 616.395.6816

麻豆传媒官网 also complies with the Jeanne Clery Disclosure of Campus Security Policy and Campus Security Policy and Campus Crimes Statistics Act, as amended by the Violence Against Women Act (VAWA).^[1] Title IX prohibits retaliation for asserting or otherwise participating in claims of sex discrimination. VAWA imposes additional duties on universities and Colleges to investigate and respond to reports of sexual assault, stalking, and dating or domestic violence, and to publish policies and procedures related to the way these reports are handled.

The College has designated and directed the Title IX Coordinator to coordinate College鈥檚 compliance with Title IX and VAWA, including Clery reporting related to VAWA requirements, and to respond to reports of violations. The College will promptly and equitably respond to all reports of sex discrimination and sexual harassment in order to eliminate the prohibited conduct, prevent its recurrence, and redress its effects on any individual or the community.

RATIONALE FOR POLICY

麻豆传媒官网 is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from discrimination, harassment, and retaliation. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, 麻豆传媒官网 has developed internal policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of protected class status, and for allegations of retaliation. 麻豆传媒官网 values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in a grievance process during what is often a difficult time for all those involved.

TITLE IX COMPLIANCE

麻豆传媒官网 is required to comply with Title IX of the Education Amendments of 1972 (鈥淭itle IX鈥�), which prohibits discrimination based on sex 鈥� including sexual harassment 鈥� in education programs and activities that receive federal financial assistance. 麻豆传媒官网 is committed to the principles of equal opportunity and seeks to establish and maintain an environment which ensures equal access to education for all College community members including students, applicants for admission, employees, applicants for employment, guests, and visitors. 麻豆传媒官网 does not discriminate on the basis of sex in any education program or activity operated by the College including, but not limited to, admissions, employment, recruitment, compensation, and athletics as well as access to housing and facilities, classes and schools, counseling, employment assistance to students, health and insurance benefits and services, and fringe benefits. 麻豆传媒官网 is required by Title IX and the Regulations thereunder not to discriminate in such a manner.

For additional information or inquiries about the application of Title IX and the regulations thereunder, contact 麻豆传媒官网鈥檚 Title IX Coordinator and/or the Assistant Secretary of the United States Department of Education.

The contact information for the College鈥檚 Title IX Coordinator and Deputy Title IX Coordinators can be found in Section 3. of this Policy. 

The United States Department of Education, Office for Civil Rights office contact information is as follows:

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
TDD#: (877) 521-2172
Email: OCR@ed.gov Web: ed.gov/ocr

The regional Office of Civil Rights can be contacted at:

Office for Civil Rights (Cleveland Office)
U.S. Department of Education
1350 Euclid Avenue, Suite 325
Cleveland, OH 44115-1812
216-522-4970

Equal Employment Opportunity Commission (EEOC) [3]

Contact:

The local EEOC office can be contacted at:

EEOC 鈥� Detroit Field Office
Patrick V. McNamara Building 477
Michigan Avenue, Room 865
Detroit, MI 48226
Phone: 1-800-669-4000
Fax: 313-226-4610
TTY: 1-800-669-6820
ASL Video Phone: 844-234-5122
Web:

Complaints with the Office for Civil Rights must be filed within one hundred eighty (180) days of the last act that the Complainant believes was discriminatory. There is no time limit for making a report to 麻豆传媒官网.

2. SCOPE OF POLICY

The core purpose of this Policy is the prohibition of all forms of discrimination. Discrimination involves exclusion from, being denied the benefits of, or otherwise being subjected to discrimination under any 麻豆传媒官网 academic, extracurricular, research, occupational training, or other education program or activity. Discrimination can also take the form of Harassment, Title IX Sexual Harassment, Sexual Misconduct, Retaliation, and Other Prohibited Conduct, collectively referred to as 鈥�Prohibited Conduct鈥� in this Policy.  When an alleged violation of this Policy is reported, the allegations are subject to resolution using 麻豆传媒官网鈥檚 Complaint Resolution Procedures (See Section 10.).

The 麻豆传媒官网 community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, invitees, and campers. The procedures below may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this Policy. When the Respondent is a member of the 麻豆传媒官网 community, a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the 麻豆传媒官网 community.

Any person may experience Prohibited Conduct, irrespective of the identity of the Complainant or Respondent, and is encouraged to report such incidents to the College. Any person, regardless of whether or not the person reporting the alleged incident is the person alleged to be victimized by the incident, may report conduct that may constitute Prohibited Conduct to the Coordinator or any 麻豆传媒官网 Mandated Reporters. For all Reporting Options, see Section 6. of this Policy.

While there is no time limit for reporting allegations of discrimination, the College strongly encourages the prompt reporting of such Prohibited Conduct to allow the College to respond promptly and effectively. The applicable grievance procedures will depend upon the form of Prohibited Conduct and status of the Complainant at the College.

This Policy and Procedures applies to incidents that occurred after August 1, 2026. Incidents that occurred prior to August 1, 2026, will be addressed under the Policy in effect at the time of the incident. For information about the applicable Policy to incidents before August 1, 2026, contact the Coordinator.

JURISDICTION OF POLICY

Any person may experience discrimination anywhere. Therefore, any individual may report any incident to the Coordinator. However, the College鈥檚 response to such incidents is dependent upon the location of the alleged incident.

This Policy applies to all Prohibited Conduct, as defined in Section 5 of this Policy, that occurs within a 麻豆传媒官网 Education Program or Activity, which includes both Title IX Education Programs and Activities and Non-Title IX Education Programs and Activities, as defined below. 麻豆传媒官网 has distinguished between Title IX and Non-Title IX Education Programs and Activities because Title IX requires Formal Complaints of Title IX Sexual Harassment be addressed using Title IX-specific procedures (Section 10.1.C.2. Live Hearing). The table below summarizes the College鈥檚 response to incidents:

As noted in Section 5. Prohibited Conduct, incidents of Title IX Sexual Harassment that occur outside of a Title IX Education Program or Activity but within a Non-Title IX Education Program or Activity may be considered Sexual Misconduct and therefore within the College鈥檚 jurisdiction under this Policy.

麻豆传媒官网 Education Programs and Activities: Encompasses both Title IX and Non-Title IX Education Programs and Activities. It is only important to recognize the distinction between Title IX and Non-Title IX Education Programs and Activities when the reported conduct may constitute Title IX Sexual Harassment. For all other forms of Prohibited Conduct, the distinction is not relevant as both Title IX and Non-Title IX Education Programs and Activities fall under the College鈥檚 jurisdiction.

The following definitions of Title IX and Non-Title IX Education Programs and Activities are used under this Policy:

• Title IX Education Programs and Activities: Locations, events, or circumstances within the geographical boundaries of the United States over which the College exercises substantial control over both: 1) the Respondent; and 2) the context in which the alleged Prohibited Conduct occurs. This includes, but is not limited to:
  • Conduct that occurs on campus
  • Conduct that occurs in any building owned or controlled by a student organization that is officially recognized by the College
  • Conduct that occurs in off-campus settings that are operated or overseen by the College such as field trips, online classes, and athletic programs
  • Conduct that takes place via school-sponsored electronic devices, computer and internet networks and digital platforms operated by, or used in the operations of, the College, including AI technologies. Factual circumstances of electronic, digital, and online Prohibited Conduct will be analyzed on a case-by-case basis to determine the context in which the incident occurred
  • Conduct that occurs during training programs sponsored by the College at another location
  • Conduct subject to the College鈥檚 disciplinary authority that occurs off campus
• Non-Title IX 麻豆传媒官网 Education Programs and Activities: Prohibited Conduct that effectively deprives someone of access to 麻豆传媒官网鈥檚 educational programs or activities and/or the Coordinator determines that the conduct affects a substantial 麻豆传媒官网 interest. A substantial 麻豆传媒官网 interest includes:
  • Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
  • Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
  • Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
  • Any situation that is detrimental to the educational interests or mission of Hope College.

Examples of Prohibited Conduct that does not occur in a Title IX Education Program or Activity as defined above but is nevertheless actionable under this Policy includes, but is not limited to:

• Conduct that occurs off campus and involves a College Complainant
• Conduct that occurs during the College-sponsored or third-party study abroad programs
• Conduct that takes place online, including cyber manifestations of Prohibited Conduct, when such conduct occurs in or has an effect on the College鈥檚 education programs or activities

This is not an exhaustive list of conduct or scenarios that may fall under this Policy. Additional forms of conduct or scenarios may fall under this Policy, depending on the facts. Therefore, the application of this Policy will rely upon a fact-based analysis to determine if the College has disciplinary authority over the Respondent鈥檚 conduct in the context in which the alleged conduct occurred.

Non-Community Member Respondents: If the reported Respondent is unknown, not a member of the College community, or is no longer associated with the College at the time of the report or grievance process is initiated, the College may be unable to conduct an investigation or take disciplinary action. However, the Coordinator will assist the Complainant in identifying appropriate campus and local resources, and Supportive Measures and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.

When the Respondent is enrolled in or employed by another institution, the Coordinator may assist the Complainant in connecting with the appropriate individual at that institution. The Coordinator may assist a student or employee Complainant who experiences Prohibited Conduct in an externship, study abroad program, or other environment external to Hope College.

Supportive measures and resources may still be accessible to the Complainant by contacting the Coordinator or Victim Advocate, Cassidy Bernhardt (advocacy@hope.edu or 616-395-7802). 麻豆传媒官网 may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from 麻豆传媒官网 property and/or events.

All vendors serving the 麻豆传媒官网 through third-party contracts are subject to the policies and procedures of their employers.

Other Conduct: Reported incidents that do not fall under this Policy may be addressed under other institutional policies, such as the Student Handbook, Employee Handbook, etc.

PRIVACY & CONFIDENTIAL RESOURCES

Every effort is made by 麻豆传媒官网 to preserve the privacy of reports. 麻豆传媒官网 will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

麻豆传媒官网 reserves the right to designate which 麻豆传媒官网 officials have a legitimate educational interest in being informed about incidents that fall within this Policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Privacy generally means that information related to a report will only be shared with a limited circle of individuals, including individuals who 鈥渘eed to know鈥� in order to assist in the evaluation, investigation, or resolution of the report or to deliver resources or Supportive Measures. Such individuals could include, but is not limited to: Investigators, Hearing Panel Members/Decision-Makers, witnesses, Parties, Advisors, 麻豆传媒官网 Police, and the Threat Assessment Team, While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation under this Policy, including Advisors and witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the Parties and will be asked to keep any information learned in an investigation meeting or hearing confidential, to the extent consistent with applicable law.

For employees, several grant issuing organizations require the College to disclose any open investigations or disciplinary findings related to Title IX and/or other forms of discrimination during the grant application process. Consult Office of Sponsored Research and Programs regarding any grant terms for specific disclosures required.

Confidential Resources: Certain individuals are designated as having confidentiality. For reports made to employees designated as having confidentiality, 麻豆传媒官网 will respect the reporting Party鈥檚 expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations. For example, complaints involving minors are subject to mandatory reporting requirements. Confidential resources can provide information about the College and off-campus resources, support services and other options

Confidential Resources are required to maintain near complete confidentiality; talking to a Confidential Resource is sometimes called a privileged communication (e.g. Counselor). This means that confidential resources will not share other information with the Coordinator or any other employee of the College without the express permission of the disclosing party. Individuals defined as Confidential Resources only have privileged communication when serving in their Confidential role on campus. For example, if a Campus Chaplain is providing ministerial care to a student in the Campus Ministry Office, that conversation is considered confidential. However, if a student is visiting with a Campus Chaplain in the hallways after class, that communication is not considered privileged or confidential. Additionally, only the individuals with legally recognized privilege or named confidential by title are Confidential Resources (e.g., Campus Chaplains, Health Center providers, Counseling and Psychological Services (CAPS), etc.). Employees working alongside Confidential Resources in the same office or workspace (e.g., Campus Ministries staff, Health Center staff, etc.) are not Confidential Resources but rather Mandated Reporters. For a list of Confidential Resources, see Section 6 of this Policy.

As noted above, because of the confidential nature of these employees, disclosing information to or seeking advice from a Confidential Resources does not constitute a report or Formal Complaint to the College and will not result in a response or intervention by the College. A person consulting with a Confidential Resources may later decide to make a report or Formal Complaint to the College and/or law enforcement.

Community members wishing to seek completely confidential assistance may also speak with off-campus counselors, health service providers or rape crisis resources, who will maintain confidentiality.

Privilege: Communication with certain individuals, such as counselors in CAPS, may be privileged by operation of law and reports made to these individuals will not be shared with the Coordinator or law enforcement except in very limited situations, such as when failure to disclose the information would result in imminent danger to the individual or to others or as otherwise required by law.

Privileged communications cannot legally be disclosed to another person without the consent of the individual who originally provided the information, except under very limited circumstances such as allegations involving the physical or sexual abuse of a child or vulnerable adult or an imminent threat to the life of any person.

Release of Information: Pursuant to the Clery Act, anonymous statistical information must be shared with Campus Safety or the Compliance Office where required by the Clery Act. Annual Clery reporting to the U.S. Department of Education is required by educational institutions for certain offenses that have been reported at campus locations. The information contained in the Clery report tracks the number of Clery reportable offenses occurring at campus locations and does not include the names or any other identifying information about the persons involved in the incident.

麻豆传媒官网 may share non-identifying information about reports received in aggregate form, including data about outcomes and sanctions.

3. TITLE IX COORDINATOR CONTACT INFORMATION

In this Policy, the term 鈥淐oordinator鈥� is used to refer to the 麻豆传媒官网 employee responsible for overseeing the College鈥檚 compliance with Title VI, Title IX, and other discrimination regulations. They may be referred to as the Title IX Coordinator in certain instances. The Coordinator has discretion to delegate specific responsibilities to Deputy Title IX Coordinators and/or designees. Therefore, references to 鈥淐oordinator鈥� throughout this Policy may also encompass a designee of the Coordinator for specific tasks.

The Coordinator has the primary responsibility for responding to reports and Formal Complaints of Prohibited Conduct on behalf of the College. They also coordinate Hope College鈥檚 efforts related to the intake, investigation, resolution, and implementation of Supportive Measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this Policy.

When notified of Prohibited Conduct set forth under this Policy, the Coordinator or designee will evaluate the alleged conduct to determine the applicable grievance procedures and notify the Parties of the grievance procedures and informal resolution options, if available and appropriate. Overall, they will treat Complainants and Respondents equitably and offer and coordinate Supportive Measures.

Reports or notice of alleged Policy violations, or inquiries about or concerns regarding this Policy and procedures, may be made internally to:

Cara Maat
Associate Dean for Community Belonging and Title IX Coordinator
DeWitt Student Cultural Center 107C 141 East 12th Street
Phone: 616.395.6816
Email: maatc@hope.edu
hope.edu/titleix

Gerald Longjohn
Senior Associate Dean of Students and Deputy Title IX Coordinator
DeWitt Student Cultural Center Room 107141 East 12th Street
Phone: 616.395.7829
Email: longjohn@hope.edu

Sara Dorer
Director of Human Resources and Deputy Title IX Coordinator
Anderson-Werkman Financial Center, Suite 210
Phone: 616.395.7817
Email: dorer@hope.edu

Jill Whitcomb
Lead Investigator and Title IX Training Specialist
Anderson-Werkman Financial Building, Room 251
Phone: 616.395.6749
Email: whitcomb@hope.edu

4. MANDATED REPORTER RESPONSIBILITIES

All 麻豆传媒官网 employees (faculty, staff, administrators, student employees who hold positions of authority or supervisory influence over peers), with the exception of those who are designated as Confidential Resources, are considered 鈥淢andated Reporters.鈥� Mandated Reporters are required to notify the Coordinator if they have information about conduct that may reasonably constitute Prohibited Conduct, including sexual harassment. Mandated Reporters are expected to share such information with the Coordinator within 24 hours of receipt and are to include all details of an incident, including the identities of the reporting party, Complainant, and Respondent, if known.

Mandated Reports are responsible for sharing with the Coordinator both reports made to them in the course of their employment as well as behaviors they observe or have knowledge of, even if not reported to them by a Complainant or third-party.

Failure of a Mandated Reporter to report an incident of Prohibited Conduct of which they become aware is a violation of this Policy and can be subject to disciplinary action for failure to comply. However, a Mandated Reporter who is themselves a target of harassment or other Prohibited Conduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

5. PROHIBITED CONDUCT

麻豆传媒官网 prohibits a broad spectrum of discriminatory behavior. The sections below describe the specific forms of legally prohibited discrimination and harassment that are also prohibited under 麻豆传媒官网 Policy. It鈥檚 important to note that a real-life incident may fall under more than one of the definitions provided in this section.

Certain conduct, including forms of Title IX Sexual Harassment or Sexual Misconduct may also encompass criminal conduct under state and/or federal law. Additionally, conduct prohibited under this Policy may result in civil and/or administrative legal consequences.

DISCRIMINATION

Discrimination against an individual based on that person鈥檚 age, color, disability, ethnicity, family status, genetic information, height, national origin, race, religion, sex, gender, gender identity, pregnancy, sexual orientation, veteran status, weight, or any other legally protected attributed, except in the event of a bona fide occupational qualification.

Discrimination includes actions that deprive or limit access to education, employment, benefits, or other opportunities and/or treat an individual differently on the basis of actual or perceived membership in a class protected by policy or law (as listed in the categories noted in this Policy).

Additional information about 麻豆传媒官网鈥檚 Policy on nondiscrimination on the basis of pregnancy or related conditions can be found in 麻豆传媒官网鈥檚 Title IX Pregnancy or Related Conditions Response and Support Policy.

HARASSMENT

Harassment based on any of the specific protected categories in this Policy constitutes Prohibited Conduct under this 麻豆传媒官网 Policy. Harassment under this section of the Policy includes all forms of racial and other harassment, except for Title IX Sexual Harassment and Sexual Misconduct as defined below.

A form of specific Harassment includes Hostile Environment Harassment, defined below:

Hostile Environment Harassment: Unwelcome conduct taken against a person on the basis of a protected category, and determined to be so severe, pervasive, or persistent, that it effectively interferes with or denies that person鈥檚 ability to participate in or benefit from 麻豆传媒官网鈥檚 education program or activity.

Hostile Environment Harassment may be in the form of verbal, written, graphic, or physical conduct. For example, a professor repeatedly tells students that there are no breaks allowed during class at any point throughout the semester, even for those who have arranged accommodations. 

麻豆传媒官网 reserves the right to address offensive conduct and/or harassment that: 1) does not rise to the level of creating a hostile environment; or 2) that is of a generic nature and not based on a protected status. Addressing such conduct will not result in the imposition of discipline under this Policy, but may be addressed through respectful conversation, remedial actions, education, formal resolution, and/or informal resolution mechanisms.

TITLE IX SEXUAL HARASSMENT

Sexual harassment is a form of sex discrimination. Title IX defines sexual harassment as conduct on the basis of sex that occurs in a 麻豆传媒官网 Title IX Education Program or Activity, and satisfies one or more of the following three types of behavior:

1. Quid Pro Quo Harassment

A 麻豆传媒官网 employee conditioning provision of an aid, benefit or service of Hope College on an individual鈥檚 participation in unwelcome sexual conduct.

For example, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual鈥檚 educational or employment progress, development or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of or opportunities in any educational or employment program.

Quid pro quo harassment does not need to be severe and pervasive because the abuse of authority in the form of even a single instance is inherently offensive and serious enough to jeopardize equal educational access.

2. Title IX Hostile Environment Harassment

Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to 麻豆传媒官网鈥檚 education program or activity. (i.e., creates a hostile environment).

Signs of enduring unequal educational access due to severe, pervasive, and objectively offensive sexual harassment may include skipping class to avoid a harasser, a decline in a student鈥檚 grade point average, or having difficulty concentrating in class. However, no concrete injury is required to conclude that serious harassment would deprive a reasonable person in the Complainant鈥檚 position (meaning a reasonable person under similar circumstances and with similar identities to the Complainant) of the ability to access a College education program or activity on an equal basis with persons who are not suffering such harassment.

Typically, the following factors are considered when determining whether Sexual Harassment has occurred: (1) The degree to which the conduct affected the person鈥檚 ability to access the institution鈥檚 education program or activity; (2) The type, frequency, and duration of the conduct; (3) The Parties鈥� ages, roles within the College鈥檚 education program or activity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; (4) The location of the conduct and the context in which the conduct occurred; and  (5) Other sexual harassment in the institution鈥檚 education program or activity.

3. Sexual Assault

Forcible or non-forcible sex offenses under the FBI鈥檚 Uniform Crime Reporting program (U.C.R.). Various forms of sexual assault include:

1. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.
   
   
2. Rape: (Except Statutory Rape) Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
   
   
3. Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person鈥檚 will or not forcibly or against the person鈥檚 will in instances where the victim is incapable of giving consent because of his/her/their youth or because of his/her/their temporary or permanent mental or physical incapacity. Sodomy is considered a form of rape.
   
   
4. Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person鈥檚 will or not forcibly or against the person鈥檚 will in instances where the victim is incapable of giving consent because of his/her/their youth or because of his/her/their temporary or permanent mental or physical incapacity. Sexual assault with an object is considered a form of rape.
   
   
5. Fondling:^[2] The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
   
   The forced touching by the victim of the other individual鈥檚 clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
   
   This includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation.

Sex Offenses, Nonforcible: (Except Prostitution Offenses) Unlawful, nonforcible sexual intercourse.

1. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees where marriage is prohibited by law.
   
   
2. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent. In the state of Michigan, the age of consent is 16 years old.

4. Dating Violence and Domestic Violence

Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on a consideration of the following factors: (1) The length of the relationship; (2) The type of relationship; and (3) The frequency of interaction between the persons involved in the relationship.

Domestic Violence: Felony or misdemeanor crimes of violence committed by: (1) A current or former spouse or intimate partner of the victim; (2) A person with whom the victim shares a child in common; (3) A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (4) A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies; or (5) Any other person against an adult or youth victim who is protected from that person鈥檚 acts under the domestic or family violence laws of the jurisdiction.

*To categorize an incident as Domestic Violence, 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.

5. Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) Fear for the person鈥檚 safety or the safety of others; or (2) Suffer substantial emotional distress.

For the purposes of this definition: 1) Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person鈥檚 property; 2) Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant; and 3) Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Note that any report of sexual assault, dating violence, domestic violence, or stalking is not subject to the elements referenced in the second prong of definitions of sexual harassment, which consider whether the incident was 鈥渟evere, pervasive, and objectively offensive.鈥� A single act of sexual assault, dating violence, domestic violence, and stalking does not need to demonstrate severity, pervasiveness, objective offensiveness, or denial of equal access to education because denial of equal access is assumed. Therefore, Complainants can feel confident reporting such incidents to the College and receive Supportive Measures without wondering whether sexual assault is 鈥榖ad enough鈥� to report.

麻豆传媒官网 is required under Federal Title IX regulations to respond to incidents of sexual harassment as stated above. Additionally, conduct outlined in the above definitions of sexual harassment may be considered a violation of state law and subject to mandatory reporting and/or criminal investigation.

SEXUAL MISCONDUCT

麻豆传媒官网 also prohibits the following conduct based on sex:

Sexual Harassment: Any form of Title IX Sexual Harassment, as defined above, that occurred outside of a Title IX Education Program or Activity but still within a 麻豆传媒官网 Education Program or Activity.

Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this Policy. Specific forms of exploitation include, but are not limited to:

• Observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed
• Taking images or audio recording another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide and observe sexual activity, or disseminating sexual pictures without the photographed person鈥檚 consent), including the making or posting of revenge pornography
• Showing intimate sexual or nude images of oneself to others without seeking prior consent to do so
• Misappropriation of another person鈥檚 identity on apps, websites, or other venues designed for dating or sexual connections
• Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person鈥檚 ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
• Forcing a person to do something against that person鈥檚 will by threatening to show, post, or share information, video, audio, or an image that depicts the person鈥檚 nudity or sexual activity
• Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the infection
• Other sex-based activity that could be charged as a crime in the state of Michigan

OTHER PROHIBITED CONDUCT

麻豆传媒官网 also prohibits the following conduct when the act is based upon the Complainant鈥檚 actual or perceived membership in a protected class of the person experiencing the harm. This conduct includes the following:

• Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person
• Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another
• Hazing, defined as intentional, knowing, or reckless action taken by a person (or group) toward another person (or group) as a requirement to join, maintain membership in, or hold office in a group or organization when that action creates physical, emotional, or social risk (beyond reasonable physical risk for normal participation in an athletic team). 麻豆传媒官网's full Hazing Policy and relevant resources can be found here
• Bullying, defined as repeated and/or severe, aggressive behavior that is likely to intimidate or intentionally hurt, control, or diminish another person, physically and/or mentally

Violation of any other 麻豆传媒官网 policies may constitute a Civil Rights Offense when a violation is motivated by actual or perceived membership in a protected class, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities.

Other conduct that does not constitute Prohibited Conduct as defined under this Policy may be prohibited by 麻豆传媒官网 and therefore addressed under other institutional policies.

The Coordinator has discretion to evaluate reports and determine the applicable policy and procedures, if any.

CONSENT, COERCION, FORCE, AND INCAPACITATION

Consent, Coercion, Force, and Incapacitation are important to understand because they relate to various forms of Prohibited Conduct. These concepts have been defined below, and their definitions apply to Prohibited Conduct:

Consent:^[3] Knowing, voluntary, and clear permission, by word or action, to engage in sexual activity.

Because people may experience the same interaction in different ways, 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 confirmed by word or action at some point during the interaction, but clear communication from the outset is the clearest path forward.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. 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 after it is given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease immediately.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. For example, if ex-partners are at a party and one approaches the other and fondles them, the person doing the fondling could not say that it was something the partner used to like as a way of suggesting consent. 

Coercion: Unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain 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.

Force: Use of physical violence and/or physical imposition to gain sexual access. Force includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., 鈥淗ave sex with me or I鈥檒l hit you,鈥� 鈥淥kay, don鈥檛 hit me, I鈥檒l do what you want.鈥�).

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Incapacitation: A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by use of alcohol or other drugs. As stated above, a Respondent violates this Policy if they engage in sexual activity with someone who is incapable of giving consent.

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the 鈥渨ho, what, when, where, why, or how鈥� of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual鈥檚 state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

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 drugs.

RETALIATION

麻豆传媒官网 prohibits retaliation in its education programs and activities. This means that neither the College nor another person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX, its implementing regulations, or this Policy generally.

Retaliation includes intimidation, threats, coercion, or discrimination, including charges against an individual for Student Handbook violations that do not involve Prohibited Conduct, but arise out of the same facts or circumstances as a report or Formal Complaint of Prohibited Conduct for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations.

This Retaliation provision may apply to any individual who has made a report or complaint of Prohibited Conduct, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, any witness, or any other individuals who participate (or refuse to participate) in any manner in an investigation, proceeding, or hearing of the College鈥檚 Complaint Resolution Procedures. This Policy includes protecting the Complainant, Respondent, and witnesses from being coerced, intimidated, threatened, or otherwise discriminated against based on their participation or refusal to participate in this Policy鈥檚 Complaint Resolution Procedures.

Charging an individual with a Student Handbook or other College policy violation for making a materially false statement in bad faith in the course of the grievance process does not constitute retaliation. However, a determination regarding responsibility alone is not sufficient to conclude that an individual made a materially false statement in bad faith.  A Complainant鈥檚 allegations may not have been knowingly false even where the ultimate determination is that the Respondent is not responsible and/or that the Complainant may not have acted subjectively in bad faith (and conversely, that a Respondent may not have made false, or subjectively bad faith, denials even where the Respondent is found responsible).

Exercising rights protected under the First Amendment and the 麻豆传媒官网 Freedom of Expression Statement does not constitute Retaliation prohibited under this section.

The Parties have the right to discuss the allegations under investigation, but this right does not preclude the College from warning the Parties not to discuss or disseminate the allegations in a manner that constitutes Retaliation or unlawful tortious conduct. It is unacceptable for any person to leak or disseminate information to Retaliate against another person.

6. REPORTING OPTIONS

Individuals may report potentially Prohibited Conduct, as defined above, to a variety of individuals at 麻豆传媒官网. Information about reporting is outlined below.

REPORTING TO THE TITLE IX COORDINATOR

Any person may report an incident(s) of Prohibited Conduct to the Coordinator. The reporting party may be the person who is alleged to have been subjected to conduct that could constitute Prohibited Conduct (referred to as 鈥淐omplainant鈥�) or a third party.

Reports may be written or verbal and may be made at any time (including non-business hours) in person, by using the telephone number or email address, or by mail to the office address, of the Coordinator or by using the online reporting form:

REPORTING TO MANDATED REPORTERS

All 麻豆传媒官网 employees (faculty, staff, administrators, and student employees who hold positions of authority or supervisory influence over peers), with the exception of those who are designated as Confidential Resources, are considered 鈥淢andated Reporters.鈥� Mandated Reporters are required to notify the Coordinator if they have information about conduct that may reasonably constitute Prohibited Conduct, including sexual harassment. Such information includes all details of an incident, including the identities of the reporting party, Complainant, and Respondent, if known. This includes reports made to them in the course of their employment as well as behaviors they observe or have knowledge of, even if not reported to them by a Complainant or third-party.

Therefore, talking with any non-confidential school employee constitutes a report to the College and will therefore be shared with the Coordinator.

Generally, disclosures in climate surveys, human subjects research, or at events such as 鈥淭ake Back the Night鈥� marches or speak-outs do not provide notice that must be reported to the Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from 麻豆传媒官网. Disclosures made in writing assignments or discussions are also typically not considered notice that must be reported to the Coordinator by Mandated Reporters, unless the disclosures involve College students or employees and the disclosed incident(s) occurred while the student was enrolled in the College.

REPORTING TO LOCAL LAW ENFORCEMENT

麻豆传媒官网 encourages anyone who has experienced Prohibited Conduct to pursue criminal action for incidents that may also be crimes under applicable criminal statutes. Law enforcement officers are trained in handling sexual assault and other cases involving harassment. Reporting to law enforcement does not require prosecution of the offense and the reporting party鈥檚 wishes will be taken into account by law enforcement. The police report and any supporting evidence may be turned over to the appropriate District Attorney鈥檚 Office, which decides whether there is sufficient evidence to prosecute. Information about the law enforcement process of reporting, the investigation, arrests, filing of charges, hearings, the trial and sentencing will be explained at the time of the report.

麻豆传媒官网 employees will assist the reporting party in contacting local law enforcement, if explicitly requested by the reporting party. However, reporting an incident of Prohibited Conduct to the College does not in any way equate to reporting the incident to local law enforcement. An individual may decide to report an incident exclusively to the College, exclusively to local law enforcement, or to both 麻豆传媒官网 and local law enforcement.

Contact information for local police departments:

In case of emergency, call 911.

麻豆传媒官网 Campus Safety (Non-Emergencies)
178 East 11th Street
Holland, MI 49423
Phone: 616.395.7770

Should an individual report an incident of Prohibited Conduct to both 麻豆传媒官网 and local law enforcement, the College will comply with law enforcement requests for cooperation. Such cooperation may require the College to temporarily suspend its own investigation into the alleged incident while local law enforcement gathers evidence. During this time, 麻豆传媒官网 will continue to offer Supportive Measures to the Parties. As soon as local law enforcement or the College determines that a delay is no longer necessary, 麻豆传媒官网 will promptly resume its Title IX or other internal investigation.

麻豆传媒官网 policy, definitions, and standard of proof differ from state criminal law. Neither law enforcement鈥檚 determination whether to prosecute a Respondent nor the outcome of any criminal prosecution will determine whether sex discrimination or sexual harassment has occurred under this Policy. Proceedings under this Policy may be carried out prior to, simultaneously with or following civil or criminal proceedings off campus. 

In certain cases where an imminent ongoing threat is present, law enforcement may need to be notified against a Complainant鈥檚 wishes.

In addition to the foregoing, all faculty and staff who become aware of or suspect sexual abuse of a minor (under the age of 16) must report that information to local law enforcement and/or the Coordinator who shall then inform local, state and/or federal law enforcement officials of such incident as required by law.

ANONYMOUS REPORTING

麻豆传媒官网 permits anonymous parties to report alleged incidents of Prohibited Conduct by telephone, mail, email, or the Incident Report Form to the Title IX Office:

Anonymous reports will be investigated by 麻豆传媒官网 to the extent possible, both to assess the underlying allegation(s) and to determine if Supportive Measures can be provided. However, anonymous notice typically limits 麻豆传媒官网鈥檚 ability to investigate, respond, and provide Supportive Measures, depending on what information is shared.

If the anonymous report contains the identity of the Complainant, upon receipt of the report, the Coordinator will contact the Complainant to offer Supportive Measures and explain the process for making a Complaint. However, if the anonymous report does not contain the identity of the Complainant, the College will be unable to contact the Complainant to offer Supportive Measures. While the Coordinator will keep confidential Complainant鈥檚 identity (unless disclosing the Complainant鈥檚 identity is necessary to provide Supportive Measures for the Complainant, such as issuing no-contact orders), the Coordinator must know the identity of the Complainant to offer such Supportive Measures.

REPORTING TO CONFIDENTIAL RESOURCES

If you wish to report a potential violation of this Policy but would like your information to remain confidential (and therefore not reported to the Coordinator), you may choose to report to a Confidential Resource.

Confidential Resources are 麻豆传媒官网 employees with whom an individual can have confidential communication. Most 麻豆传媒官网 Confidential Resources also have legally recognized privilege. For more information about Confidential Resources and Privilege, see Section 2.

麻豆传媒官网鈥檚 confidential resources are listed as follows:

• On-campus Victim Advocate
• On-campus licensed professional counselors and staff (CAPS)
• On-campus Health Center providers and staff
• 麻豆传媒官网 Campus Chaplains (excluding staff working in the Campus Ministries Office)
• Off-campus (non-employees):
  • Licensed professional counselors and other medical providers
  • Local rape crisis counselors (), domestic violence resources, and local or state assistance agencies
  • Clergy/Chaplains
  • Attorneys

All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.

Hope's Counseling and Psychological Services provides free counseling services for degree-seeking students who are enrolled full-time, including availability to manage crisis situations during regular business hours. For crises that arise outside regular business hours students can access telephonic behavioral health services by calling the CAPS phone number (616-395-7945), where they will be immediately connected with a mental health counselor.

The Employee Assistance Program is available to help employees free of charge and may be consulted during normal business hours.

ADDITIONAL REPORTING INFORMATION

Time Limits on Reporting: There is no time limitation on reporting incidents to the Coordinator. However, if the Respondent is no longer subject to 麻豆传媒官网鈥檚 jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide Supportive Measures may be more limited or impossible.

Acting on reported incidents significantly impacted by the passage of time (including, but not limited to, revision of Policy) is at the discretion of the Coordinator, who may document allegations for future reference, offer Supportive Measures, and/or engage in informal or formal action, as appropriate.

False Allegations and Evidence: 麻豆传媒官网 prohibits parties, including Complainants, Respondents, and witnesses, from knowingly making false statements, knowingly submitting false information, knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation during the grievance process.

Therefore, 麻豆传媒官网 reserves the right to charge an individual with a Student Handbook or other internal policy violation for such conduct during the course of the grievance process. Such charges do not constitute retaliation on behalf of the College against the individual, because the individual has potentially violated a separate College policy.

Additionally, deliberately false and/or malicious accusations under this Policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and are also subject to appropriate disciplinary action.

Amnesty for Parties, Third-Party Reporters and Witnesses: The 麻豆传媒官网 community encourages the reporting of misconduct and crimes by Complainants and third-parties. Sometimes, Complainants or third-parties are hesitant to report to 麻豆传媒官网 officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illegal substances at the time of the incident. Respondents may hesitate to be fully truthful during the process for the same reasons.

It is in the best interests of the 麻豆传媒官网 community that Complainants choose to report misconduct to 麻豆传媒官网 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, 麻豆传媒官网 maintains a policy of offering parties and witnesses amnesty from minor policy violations 鈥� such as underage consumption of alcohol or the use of illegal substances 鈥� related to the incident.

Amnesty does not apply to more serious allegations such as physical abuse of another or distribution of illegal substances. The decision not to offer amnesty to a Respondent is based on neither sex nor gender.

Sometimes, students are hesitant to assist others for fear that they may get in trouble themselves (for example, an underage student who has been drinking or using marijuana might hesitate to help take an individual who has experienced sexual misconduct to Campus Safety). 麻豆传媒官网 maintains a policy of amnesty for students who offer help to others in need. While in some circumstances policy violations cannot be ignored fully, 麻豆传媒官网 may provide purely educational options with no official disciplinary finding, rather than punitive sanctions, to those who offer their assistance to others in need.

7. SUPPORTIVE MEASURES

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant and Respondent. Supportive Measures are designed to: 1) restore or preserve access to 麻豆传媒官网鈥檚 education program or activity without unreasonably burdening either Party; 2) protect the safety of all parties or the College鈥檚 educational environment; or 3) deter Prohibited Conduct.

Supportive Measures may vary depending on what 麻豆传媒官网 deems to be reasonably available. These measures may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services; the Employee Assistance Program, or community-based service providers
• Student financial aid counseling
• Education to the community or community subgroup(s) including, but not limited to, informed conversations between an involved party and the Coordinator or community meetings to discuss communal impact and/or harm.
• Altering campus housing assignment(s) and/or work arrangements for employees or student-employees
• Providing transportation accommodations
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Class schedule modifications, withdrawals, or leaves of absence
• Any other actions deemed appropriate by the Coordinator

Violations of no contact orders will be referred to the appropriate student or employee conduct processes for enforcement.

Implementation: The Coordinator is responsible for coordinating the effective implementation of Supportive Measures. Although Supportive Measures may require collaboration with various Departments on campus, the Coordinator will serve as the point of contact for Complainants and Respondents.

The College will offer and coordinate Supportive Measures to every Complainant when the Coordinator receives a report of Prohibited Conduct.

Upon receiving a report of an alleged incident of Prohibited Conduct, the Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures and explain the option for filing a Formal Complaint as well as the applicable grievance process. The Complainant will have the opportunity to express what they would like in the form of Supportive Measures, and the Coordinator will take into account the Complainant鈥檚 wishes in determining which Supportive Measures to offer. Supportive Measures will be available to Complainants regardless of whether or not they wish to file a Formal Complaint to initiate a grievance process.

Supportive measures remain available to the Complainant before and after filing a Formal Complaint as well as when no Formal Complaint has been filed. Additionally, the College may provide Supportive Measures to Complainants even when the alleged incident does not constitute Prohibited Conduct under this Policy.

麻豆传媒官网 may, as appropriate, modify or terminate Supportive Measures at the conclusion of the grievance procedures or an informal resolution process as set forth in this Policy, or the institution may continue them beyond that point.

麻豆传媒官网 adheres to Federal Title IX regulations, which require the equitable treatment of Complainants and Respondents. Equitable treatment under Title IX includes providing Supportive Measures to Complainants and avoiding disciplinary action against Respondents until the formal grievance process as outlined in this Policy is completed. While Respondents will be offered Supportive Measures, Title IX does not require equality or parity with respect to the Supportive Measures provided to Complainants and Respondents.

Confidentiality: 麻豆传媒官网 will keep private any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the Supportive Measures. For example, where a no-contact order is appropriate, the Respondent would need to know the identity of the Complainant in order to comply or if campus security is informed in order to help enforce the terms of such order.

8. EVALUATION OF REPORTED INCIDENTS

Upon receiving a report or Formal Complaint of an alleged incident of Prohibited Conduct, the Coordinator will communicate with the Complainant and evaluate the report or Formal Complaint to determine the College鈥檚 response. 鈥淩eported incidents鈥� refers to alleged conduct shared with the Coordinator in a report or complaint.

Generally, reports and Formal Complaints will be evaluated within five (5) business days of the Coordinator鈥檚 receipt.

COMMUNICATION WITH COMPLAINANT

When the Coordinator is notified of conduct that reasonably may constitute Prohibited Conduct they will promptly contact the Complainant to:

1. Discuss the availability of Supportive Measures, as defined in Section 7. Supportive Measures;
2. Consider the Complainant鈥檚 wishes with respect to Supportive Measures;
3. Inform the Complainant of the availability of Supportive Measures with or without filing a Formal Complaint; and
4. Explain to the Complainant the applicable grievance procedures as outlined under this Policy, the informal resolution process (if available and appropriate), and process for filing a Formal Complaint under this Policy
5. Explain the Complainant鈥檚 right to an Advisor and identify campus advising resources

ASSESSMENT OF PROHIBITED CONDUCT AND PROCEDURES

The Coordinator will conduct a fact-based analysis to determine: 1) if the reported conduct occurred in a 麻豆传媒官网 Education Program or Activity; and 2) if the reported conduct reasonably may constitute Prohibited Conduct as set forth in this Policy. It is important to note that an incident may constitute more than one form of Prohibited Conduct.

Prohibited Conduct that occurred within a 麻豆传媒官网 Education Program or Activity will be addressed under Section 10. Complaint Resolution Procedures set forth in this Policy, which includes both the formal Complaint Resolution Process (Section 10.1) and the Informal Resolution Process (Section 10.2).

Title IX Sexual Harassment: Please note that incidents that may constitute Title IX Sexual Harassment must have occurred within a Title IX Education Program and Activity (as defined in Section 2.) to be considered Title IX Sexual Harassment. Therefore, for reported conduct that may constitute Title IX Sexual Harassment, the Coordinator will also conduct a fact-based analysis to determine if the alleged incident(s) occurred within a Title IX Education Program or Activity. This evaluation is necessary because Formal Complaints alleging Title IX Sexual Harassment must meet specific procedural requirements, as outlined in Section 10.1. Any Formal Complaint that contains allegations of Title IX Sexual Harassment, even if it also alleges other forms of Prohibited Conduct under this Policy, will be addressed under the Title IX-specific procedures as well.

If the alleged conduct could constitute Prohibited Conduct and occurred within a Hope College Education Program or Activity, the Coordinator will notify the Complainant of the applicable Complaint Resolution Procedures and Informal Resolution Process, if available and appropriate. If a Formal Complaint is filed, the Coordinator will also notify the Respondent of the applicable Complaint Resolution Procedures and Informal Resolution Process, if available and appropriate.

If the alleged conduct would not constitute Prohibited Conduct as set forth in this Policy or did not occur within a 麻豆传媒官网 Education Program or Activity, the Coordinator will assess further to determine if it should be addressed under any other College policy or conduct provision(s).

1. Other misconduct not specifically implicated under this Policy may be addressed using other applicable institutional policies such as the Student Handbook (for incidents involving students) or the Employee Handbook (for incidents involving employees).
   
   
2. Non-actionable Reports are those for which action cannot be taken under any existing policy, though the Complainant may request, and the College may provide, Supportive Measures as appropriate.

If the conduct alleged in a report may constitute Prohibited Conduct under this Policy, but the Complainant does not wish to proceed with filing a Formal Complaint and therefore initiate an investigation into the alleged incident(s), the Complainant has the right not to proceed. In certain instances, the Coordinator may still consider it necessary to investigate the allegations. For information about situations where the Coordinator may initiate the Formal Complaint, see Section 9.

Emergency Removal

麻豆传媒官网 may remove a student Respondent entirely or partially from its education program or activity on an emergency basis, provided that the College: 1) Undertakes an individualized safety and risk analysis;  2) Determines that an imminent threat to the physical health or safety of any student or other individual arising from the allegations of Prohibited Conduct justifies removal; and 3) Provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

The individualized safety and risk analysis is performed by the Coordinator in conjunction with the Coordinated Assistance Resource and Education (CARE) team using its standard objective procedures.

In cases where an emergency removal is imposed, the student, or, in the case of a student organization Respondent, two (2) representatives from that student organization will be given notice and the option to submit an appeal to the in writing within one to five business days of removal.

Violation of an emergency removal under this Policy will be grounds for discipline, which may include expulsion or termination.

Administrative Leave

麻豆传媒官网 may place an employee Respondent (including student employees) on administrative leave from employment responsibilities during the pendency of the applicable grievance procedures.

9. FORMAL COMPLAINTS

To initiate the Complaint Resolution Procedures under this Policy, a Complainant must file a Formal Complaint.

FILING A FORMAL COMPLAINT

What is a Formal Complaint? A Formal Complaint alleges any form of Prohibited Conduct under this Policy against a Respondent and requests that 麻豆传媒官网 investigate the documented allegation(s). Therefore, submitting a Formal Complaint indicates an intentional decision on behalf of the Complainant to initiate the applicable grievance process.

The Formal Complaint may be a document or electronic submission (such as email or online form) and must contain the Complainant鈥檚 physical or digital signature or otherwise indicates that the Complainant is the person filing the complaint.

Who can file a Formal Complaint? The Complainant or Coordinator must file the Formal Complaint.

Third parties cannot file Formal Complaints. Additionally, fundamental fairness and due process principles require that a Respondent be informed of the details of the allegations made against them, to the extent that the details are known, to provide an adequate opportunity for the Respondent to respond. Therefore, a Complainant cannot remain anonymous and file a Formal Complaint. However, the Coordinator will keep private the identities of the Complainant and Respondent (and witnesses) from anyone not involved in the grievance process, except as permitted by FERPA, required by law, or as necessary to conduct the grievance process. For more information about confidentiality, see Section 2. Scope of Policy.

While a Formal Complaint requires the Complainant鈥檚 identity, Title IX does not require a Complainant to identify the Respondent in a Formal Complaint. If a Complainant does not know the Respondent鈥檚 identity and files a Formal Complaint, the College is still required to investigate the Formal Complaint because an investigation may reveal the Respondent鈥檚 identity. If the Respondent鈥檚 identity becomes known, the College will send both parties the written Notice of Allegations, follow the applicable grievance process under this Policy, and may impose Disciplinary Sanctions against the Respondent at the conclusion of the grievance process. However, if a Respondent鈥檚 identity remains unknown, the College will be unable to comply with the required grievance process outlined in this Policy and therefore unable to impose Disciplinary Sanctions against the Respondent.

How to file a Formal Complaint? Complainants may submit a Formal Complaint to the Coordinator in person, by mail, or by email by using the contact information provided in Section 3. Title IX Coordinator Contact Information. Formal complaints cannot be filed verbally because they require the Complainant鈥檚 physical or digital signature or otherwise indicate that the Complainant is the person filing the complaint. Reports are distinguished from Formal Complaints in the Glossary of Terms.

When can a Formal Complaint be Filed? There is no time limit on a Complainant鈥檚 decision to file a Formal Complaint, so the decision to sign and file a Formal Complaint does not need to occur in the immediate aftermath of an alleged incident or reporting an incident.

However, at the time of filing a Formal Complaint, the Complainant must be participating in or attempting to participate in a 麻豆传媒官网 education program or activity. This requirement does not exclude a Complainant who has graduated or is on a leave of absence, intends to remain involved in 麻豆传媒官网 alumni programs and activities, or may intend to re-apply after a leave of absence.

If a report is submitted but does not meet the requirements for a Formal Complaint, the Coordinator will contact the Complainant to explain the process for filing a Formal Complaint to ensure that it is filed correctly.

COMPLAINT WITHDRAWALS

Complainants may voluntarily withdraw any or all allegations in the Formal Complaint. Such withdrawals must be submitted to the Coordinator in writing.

COMPLAINTS INITIATED BY THE TITLE IX COORDINATOR

Under certain circumstances, the Coordinator may determine that an investigation is necessary, even when the identity of the Complainant is unknown, or the Complainant does not want an investigation. In this case, the Coordinator may sign a Formal Complaint and initiate the grievance process. When this occurs, the Coordinator is not a Complainant or otherwise considered a Party included in the grievance process. The impacted party will remain the Complainant and be treated as a Party in the grievance process but is not required to participate. When the grievance proceeds in this way, the Complainant (or their Advisor) may have as much or as little involvement in the process as they wish. Respondents are also not required to participate in the grievance process. The Complainant and Respondent retain all rights under this Policy irrespective of their level of participation in the grievance process.

When deciding whether to sign a Formal Complaint, the Coordinator may consider, at a minimum, the following factors:

(1) The Complainant鈥檚 request not to proceed with initiation of a Formal Complaint; (2) The Complainant鈥檚 reasonable safety concerns regarding initiation of a Formal Complaint; (3) The risk that additional acts of Prohibited Conduct would occur if a Formal Complaint is not initiated; (4) The severity of the alleged Prohibited Conduct, including whether the discrimination or harassment, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence; (5) The age and relationship of the Parties, including whether the Respondent is an employee of the institution; (6) The scope of the alleged Prohibited Conduct, including information suggesting a pattern, ongoing discrimination or harassment, or discrimination or harassment alleged to have impacted multiple individuals; (7) The availability of evidence to assist a Decision-Maker in determining whether Prohibited Conduct occurred; and (8) Whether the College could end the alleged conduct and prevent its recurrence without initiating grievance procedures.

If initiating a Formal Complaint as outlined in this section, the Coordinator will notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant鈥檚 safety or the safety of others, including by providing Supportive Measures.

DISMISSAL OF COMPLAINTS

麻豆传媒官网 will investigate the allegations in a Formal Complaint. However, an investigation of the conduct alleged in the Formal Complaint may uncover new information about the incident, and there may be circumstances in which the College may dismiss the Formal Complaint.

For Formal Complaints of Title IX Sexual Harassment: Title IX requires that 麻豆传媒官网 must dismiss Formal Complaints of Title IX Sexual Harassment or one or more allegations listed in the Formal Complaint, if at any point during the investigation or hearing process it is determined that the conduct alleged in the Formal Complaint: (1) Would not constitute Title IX Sexual Harassment as defined in this Policy, even if proven; (2) Did not occur in a 麻豆传媒官网 Title IX Education Program or Activity; or (3) Did not occur against a person in the United States.

麻豆传媒官网 may dismiss Formal Complaints of Title IX Sexual Harassment or one or more allegations listed in the Formal Complaint, if at any time during the investigation or hearing: (1) A Complainant notifies the Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations within it; (2) The Respondent is no longer enrolled or employed by 麻豆传媒官网; or (3) Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations within it.

Please note that allegations dismissed under Title IX may still be addressed under this Policy as another form of Prohibited Conduct. For example, if an incident of sexual assault occurs while 麻豆传媒官网 students are on a College-facilitated study abroad program, the allegations may be dismissed under Title IX and not considered Title IX Sexual Harassment under this Policy because the incident occurred outside of the United States. However, the allegations may still be considered Sexual Misconduct under this Policy because the College鈥檚 Non-Title IX Education Programs and Activities include study abroad programs. For more information about 麻豆传媒官网 Education Programs and Activities, see Section 2.

For Formal Complaints of Discrimination, Harassment, Sexual Misconduct, Retaliation, and Other Prohibited Conduct: If the Coordinator determines that the allegations fall outside the scope and/or jurisdiction or this Policy, and/or if the evidence establishes that, even if true, the alleged conduct would not violate this Policy, the Formal Complaint and allegation(s) within it will be dismissed.

Upon Dismissal: 麻豆传媒官网 will promptly send a written notice of dismissal and the reason(s) for the dismissal simultaneously to both Parties. The College will also notify the Parties that a dismissal may be appealed. The bases for appeal and Appeal Procedures can be found in Section 10. Complaint Resolution Procedures.

For all Formal Complaints of Prohibited Conduct, a dismissal does not indicate that a 麻豆传媒官网 Policy violation may not have occurred. Such allegations may be considered as another form of Prohibited Conduct under this Policy, or they may be addressed under other applicable institutional policies.

Respondent Withdrawal or Resignation During the Complaint Resolution Procedures: If a student is named as the Respondent in a Formal Complaint under this Policy, 麻豆传媒官网 may place a hold, bar access to an official transcript, and/or as necessary to permit the resolution process to be completed. If the student Respondent withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue virtually.

Should an employee named as the Respondent in a Formal Complaint under this Policy resign with unresolved allegations pending, the records of the Coordinator will reflect that status.

If a student Respondent withdraws or employee Respondent resigns from the College while the Complaint Resolution Process is pending, the College may dismiss the Formal Complaint. However, if the Respondent seeks readmission or reemployment, the College may resume the Formal Complaint grievance process as to that Respondent. 

CONSOLIDATION OF COMPLAINTS

麻豆传媒官网 may consolidate Formal Complaints of Prohibited Conduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of Prohibited Conduct arise out of the same facts or circumstances.

Where a grievance process involves more than one Complainant or more than one Respondent, references in this Policy to the singular 鈥減arty,鈥� 鈥淐omplainant,鈥� or 鈥淩espondent鈥� include the plural, as applicable.

COUNTERCLAIMS

麻豆传媒官网 is obligated to ensure that the grievance process is not abused for retaliatory purposes. 麻豆传媒官网 permits the filing of counterclaims but uses an Evaluation of Reported Incidents (Section 8), to assess whether the allegations in the counterclaim are made in good faith. Counterclaims by the Respondent may be made in good faith, but are, on occasion, also made for purposes of retaliation. Counterclaims made with retaliatory intent will not be permitted and constitute a Policy violation.

Counterclaims determined to have been reported in good faith will be processed using the complaint resolution procedures outlined in this Policy. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur.

Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this Policy.

10. COMPLAINT RESOLUTION PROCEDURES: GENERAL INFORMATION

麻豆传媒官网 will respond to any notice, report, or Formal Complaint of a violation of this Policy that is received by the Coordinator, Mandated Reporter, or any other Official with Authority. When a Formal Complaint is filed, the procedures outlined in this Section will be applied. These procedures are referenced as the 鈥淐omplaint Resolution Procedures鈥� or, generally speaking, the 鈥済rievance process.鈥� All processes, provisions, and rules stated in this Policy apply equally to both Parties鈥擟omplainants and Respondents.

麻豆传媒官网 will treat Complainants and Respondents equitably throughout the grievance process. The College will treat Parties equitably by providing Supportive Measures throughout the grievance process, following the grievance process before imposing any Disciplinary Sanctions (or other actions that are not Supportive Measures) against a Respondent, and providing Remedies to a Complainant where a determination of responsibility for Prohibited Conduct has been made against a Respondent.

Determination of a Party鈥檚 credibility will not be based on a person鈥檚 status as a Complainant, Respondent, or witness. 麻豆传媒官网 presumes that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility at the conclusion of the grievance process.

麻豆传媒官网 will take reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the grievance procedures without restricting the ability of the Parties to obtain and present evidence (including by speaking to witnesses, except to prohibit retaliation); consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures.

The role of the Title IX Investigator, Decision-Maker, Appeal Decision-Makers, and/or Informal Resolution Facilitator may be filled by appropriate College personnel and/or external parties. All 麻豆传媒官网 employees^[4] and external parties have received the appropriate training to participate in the Title IX grievance process, and training materials have been made publicly available on the 麻豆传媒官网 website.^[5]

If a Complainant or Respondent believes the College鈥檚 treatment of a Formal Complaint of Prohibited Conduct may constitute discrimination on the basis of sex under Title IX, they may file a report of sex discrimination with the Title IX Coordinator or designee.

The procedures below may be used to address collateral misconduct arising from the investigation of or occurring in conjunction with reported misconduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by the Policy will be addressed through procedures elaborated in the student, faculty, and staff handbooks.

Throughout the Complaint Resolution Procedures, notice 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(es) of the Parties as indicated in official 麻豆传媒官网 records, or emailed to the Parties鈥� 麻豆传媒官网-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.

CONFLICTS OF INTEREST

麻豆传媒官网 employees participating in the Complaint Resolution Procedures including the Coordinator, Investigators, Decision-Makers, Appeals Officers, and Informal Resolution Facilitators as well as external parties employed by the College to complete Title IX investigation and adjudication functions (hearings, appeals, and informal resolution options) are prohibited from having a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

In an effort to avoid potential conflicts of interest, 麻豆传媒官网 may provide the names and titles of internal and external investigators and adjudicators to the Parties at the initiation of the investigation, informal resolution process, or hearing. Such information will be provided no less than five (5) business days before any meeting or hearing between the Party and the Investigator or Decision-Maker. The Complainant or Respondent may request the removal of an Investigator or Decision-Maker on the grounds of personal bias or other conflicts of interest by submitting a written statement to the Coordinator setting forth the basis for the request no more than three (3) business days after receiving notice of the identity of the individual involved in the Title IX grievance process. The Coordinator will review the written statement and make a determination if there is a conflict of interest. Appropriate steps will be taken to ensure that no conflict of interest exists on the part of anyone involved in the investigation, hearing, appeals, or informal resolution processes. If a conflict of interest exists, another individual will be assigned to the appropriate role. If a conflict of interest exists between the Complainant or Respondent and the Coordinator, reports should be directed to the Vice President of Student Formation and Dean of Students (DeWitt Center- Suite 107, 616-395-7800 or deanofstudents@hope.edu) or designee.

RELEVANT & NOT RELEVANT EVIDENCE

麻豆传媒官网鈥檚 Complaint Resolution Procedures rely upon an objective evaluation of all relevant and not otherwise impermissible evidence鈥攊ncluding both inculpatory and exculpatory evidence. Inculpatory evidence is that which tends to connect or assign responsibility to an individual, while exculpatory evidence tends to mitigate or exonerate an individual from responsibility

Relevant evidence is considered to be evidence related to the allegations under investigation as part of the grievance procedures under this Policy. Questions are relevant when they seek evidence that may aid in showing whether the alleged conduct occurred, and evidence is relevant when it may aid a Decision-Maker in determining whether the alleged conduct occurred. Relevant evidence may include an individual鈥檚 prior misconduct history as well as evidence indicating a pattern of misconduct.

Certain evidence and questions seeking such evidence are never considered relevant:

• Questions and evidence about the Complainant鈥檚 sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant鈥檚 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鈥檚 prior sexual behavior with respect to the Respondent and are offered to prove consent.
  
  The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant鈥檚 consent to the alleged sexual harassment or prevent a determination that sexual harassment occurred.
  
  
• Evidence that is protected under a privilege as recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  
  
• A Party鈥檚 or witness鈥檚 records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional鈥檚 or paraprofessional鈥檚 capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the College obtains the Party鈥檚 or witnesses鈥� voluntary, written consent for use in the applicable grievance procedures. 麻豆传媒官网 cannot access, consider, disclose, or otherwise use such records without such voluntary, written consent.
  
  
• Incidents not directly related to the possible violation, unless they evidence a pattern
  
  
• The character of the Parties

STANDARD OF PROOF

麻豆传媒官网 uses the preponderance of the evidence standard of proof, which means that it is more likely than not that the alleged conduct or Policy violation occurred. The College applies the same standard of evidence for Formal Complaints against students and employees, including faculty, and applies the same standard of evidence to all Formal Complaints of Prohibited Conduct under this Policy.

RIGHT TO AN ADVISOR AND SUPPORT PERSON

Advisor: All Parties are entitled to one (1) Advisor of their choosing to assist them throughout the Complaint Resolution Procedures outlined in Section 10. The Advisor may be a friend, mentor, faculty member, family member, attorney or any other individual a Party chooses to advise them who is eligible and available to serve during the grievance process. The parties may choose Advisors from inside or outside of the 麻豆传媒官网 community. Administrators who have an active role in the matter, a supervisor who must monitor or implement sanctions, or any person who may be called as a witness may not serve as an Advisor.

Parties are entitled to be accompanied by their Advisor in all meetings, interviews, hearings, and appeals at which the Party is entitled to be present during the grievance process. Parties are required to have an Advisor present at the Live Hearing for Title IX Sexual Harassment under these Complaint Resolution Procedures. Upon request by a Party and/or if a Party does not have an Advisor available to be present at the live hearing, the College will provide the Party with an Advisor of the College鈥檚 choice in the College鈥檚 sole discretion, without fee or charge to that Party, who may or may not be an attorney.

麻豆传媒官网 cannot guarantee equal advisory rights. Consequently, 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 or other Advisor, except at the hearing. The College is not required to provide an attorney as an Advisor at the hearing.

Support Person: In addition to an Advisor, each Party may have one (1) Support Person of their choice accompany them to any meeting under the Complaint Resolution Procedures. These individuals may be a family member, friend, advocate, disabilities services representative, or interpreter. Administrators who have an active role in the matter, a supervisor who must monitor or implement sanctions, or any person who may be called as a witness may not serve as a Support Person. A Party is not required to have a Support Person present at any meeting, including the live hearing, and the College may not provide a Party with a Support Person unless it is considered a necessary accommodation for a Party. 

A Party may elect to change Advisors and/or Support Persons during the grievance and is not obligated to use the same Advisor or Support Person throughout.

Parties are expected to provide timely notice to the Coordinator if they change Advisors or Support Persons at any time. It is assumed that if a Party changes Advisors, their agreement to share information with the previous Advisor is terminated, and a release for the new Advisor must be obtained.

Guidelines for Participation: All Advisors are subject to the same 麻豆传媒官网 policies, procedures, and rules, whether they are attorneys or not. Advisors and Support Persons should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors are expected to advise their Party without disrupting proceedings. Advisors and Support Persons may not present on behalf of their Party in a meeting or interview unless stated otherwise by the Coordinator, Investigator, Decision-Maker, or Informal Resolution Facilitator. Additionally, Advisors and Support Persons may not actively participate in the investigation or informal process.

Advisors may request or wait for a break in the interview, hearing, or meeting if they wish to interact with Title IX personnel. Advisors may confer quietly or pass notes with their advisees as necessary, as long as they do not disrupt the process. For longer or more involved discussions, the Parties and their Advisors and Support Persons should ask for breaks to allow for private conversation. Advisors or Support Persons may be given an opportunity to meet in advance of any interview or hearing with the Title IX personnel during the grievance process.

Accommodations, including the scheduling of meetings, interviews or hearings, will not be made for Advisors and/or Support Persons if they delay the process unreasonably. No audio or video recording of any kind, other than as required by institutional procedure, is permitted during meetings with College officials and during any part of the Investigative and/or Grievance process.

Pre-Interview Meetings: Advisors may request to meet with the administrative officials conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and 麻豆传媒官网鈥檚 policies and procedures.

Information Sharing and Privacy: To allow for meaningful participation in the Complaint Resolution Procedures, the College may share documentation and evidence related to the allegations with the Parties鈥� Advisors. Prior to sharing, each Party will be required to sign 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 Coordinator or provide similar documentation demonstrating that they consent to a release of information to the Advisor before the College is able to do so.

Additionally, upon written request of a Party, 麻豆传媒官网 will copy the Advisor on all communications between the College and the Party. The Advisor may be asked to sign a confidentiality agreement regarding private, sensitive records.

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by 麻豆传媒官网. 麻豆传媒官网 may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the 麻豆传媒官网鈥檚 privacy expectations.

Typically, Support Persons do not access documentation and evidence related to the allegations. However, in the instance that a Party wishes that their Support Person have access to such materials, the College will: 1) obtain written consent from the Party to share documentation and evidence; 2) give all Parties involved in the matter an equal opportunity to share such materials with their Support Person; and 3) may ask the Support Person to sign a confidentiality agreement.

Violations of 麻豆传媒官网 Policy: Any Advisor or Support Person who fails to follow the guidelines established by the College in the grievance process will be given a verbal warning. If the Advisor or Support Person continues to disrupt or otherwise fails to follow those guidelines, the Advisor or Support Person will be asked to leave the proceeding. If asked to leave, the meeting, interview, hearing or other proceeding will be suspended until the Party鈥檚 Advisor or Support Person is reinstated; the Party secures another Advisor or Support Person to accompany them at that meeting, interview, hearing or proceeding; or the College provides the Party with another Advisor for the hearing. The Coordinator will determine whether the Advisor may be reinstated or must be replaced by a different Advisor for the remainder of the grievance process.

10.1. COMPLAINT RESOLUTION PROCEDURES: STEP BY STEP

All Formal Complaints of Prohibited Conducted under this Policy will be addressed under the procedures provided in this Section, unless the parties agree to participate in the Informal Resolution Process (Section 10.2).

While all Formal Complaints will proceed through the same steps contained in these Complaint Resolution Procedures, Title IX requires allegations of Title IX Sexual Harassment be addressed in a live hearing. To provide clarity, this table explains the steps for Formal Complaints:

*Note: If a Formal Complaint contains allegations of Title IX Sexual Harassment in addition to allegations that are considered Prohibited Conduct under this Policy but not Title IX Sexual Harassment, all allegations contained within that Formal Complaint will be addressed under step C.2 Live Hearing for Title IX Sexual Harassment. 

麻豆传媒官网 aims to complete the Complaint Resolution Procedures, including appeals and informal resolution processes, in a reasonably prompt time frame. Generally, the College will conclude the Complaint Resolution Procedures for Non-Title IX Prohibited Conduct under this section within ninety (90) business days and the Complaint Resolution Procedures for Title IX Prohibited Conduct within one hundred twenty (120) business days.

麻豆传媒官网 reserves the right to allow for the temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of the Party, a Party鈥檚 Advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

A. NOTICE OF INVESTIGATION AND ALLEGATIONS

Upon receipt of a Formal Complaint, 麻豆传媒官网 will provide a written Notice of Investigation Allegations to the Parties whose identities are known, simultaneously, typically within ten (10) business days of receiving a Complaint. The Notice will include the following information:

1. Notice of the Allegation(s) potentially constituting Prohibited Conduct under this Policy, containing sufficient details known at the time, including: Meaningful summary of the allegations; the identities of the Parties involved in the incident(s) (if known); conduct allegedly constituting Prohibited Conduct under this Policy; date and location of the alleged incident(s) (if known); and the specific policies implicated.
   
   
2. Sufficient time for each Party to prepare a response before any initial interview
   
   
3. A statement that each Party has the right to an Advisor of their choice, who may be, but is not required to be, an attorney. The Advisor may participate during the Grievance Process, subject to limitations established by the College
   
   
4. A statement that Retaliation is prohibited
   
   
5. A statement that the Parties are entitled to an equal opportunity to inspect and review all evidence gathered during the investigation and that determinations of responsibility are made at the conclusion of the process
   
   
6. A statement that the Respondent is presumed not to be responsible for the alleged conduct unless and until a determination of responsibility is made at the conclusion of the grievance process
   
   
7. Reference to the section of this Policy that prohibits knowingly making false statements or knowingly submitting false information during the grievance process
8. A copy of the 麻豆传媒官网 Nondiscrimination, Anti-Harassment and Title IX Policy and Procedures, which includes the applicable grievance procedures and informal resolution options, if any
   
   
9. List of Supportive Measures

Ongoing Notice: If, during the course of an investigation, the College decides to investigate additional allegations that are not included in the initial Notice of Investigation and Allegations provided to the Parties, the College will provide notice of the additional allegations to the Parties whose identities are known.

Reasonable Delays: To the extent the institution has reasonable concerns for the safety of any person as a result of providing this Notice, the College may reasonably delay providing written Notice of the Allegations in order to address the safety concern appropriately. Reasonable concerns will be based on individualized safety and risk analysis and not on mere speculation or stereotypes.

B. COMPLAINT INVESTIGATIONS

After the Notice of Investigation and Allegations is issued, 麻豆传媒官网 will conduct a thorough and impartial investigation into the Formal Complaint within a reasonably prompt timeframe.

Role of the Investigator: A trained Investigator (or team of investigators) will be assigned to investigate the conduct alleged in the complaint. Typically, the 麻豆传媒官网 Investigator will conduct the investigation. However, an external Investigator may be assigned if deemed necessary by the Coordinator. The investigation typically includes interviewing the Complainant, Respondent, and witnesses as well as gathering relevant evidence. The Coordinator or Investigator(s) will communicate with the Parties throughout the investigation process to provide notice of meetings and updates.

Burden of Proof and Evidence Collection: The burden to conduct an investigation that gathers relevant evidence sufficient to determine whether Prohibited Conduct under this Policy occurred is upon 麻豆传媒官网, not on the Parties. However, the Parties have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence to the Investigator during the Complaint Resolution Procedures. The Investigator may communicate with other campus offices to gather relevant evidence, if appropriate.

The Investigator will review all evidence gathered during the course of the investigation and determine what evidence is directly related, relevant and what evidence is impermissible, regardless of relevance, as outlined in Section 10. of this Policy.

Any Party may decide to participate or not participate in the investigation. However, Witnesses (as distinguished from the parties) who are faculty or staff of 麻豆传媒官网 are expected to cooperate with and participate in 麻豆传媒官网鈥檚 investigation and resolution process.

Notice of Interviews and Meetings: 麻豆传媒官网 will provide written notice to a Party whose participation is invited or expected in any investigative meeting or proceeding. The written notice will include the date, time, location, names of participants, and purpose of the meetings or proceedings. It will be provided not less than five (5) business days prior to the meeting, so that the Party has sufficient time to prepare to participate.

Participating in Interviews or Meetings: Parties have an equal opportunity to be accompanied to any meeting or proceeding by an Advisor of their choice, who may be, but is not required to be, an attorney. The College has established restrictions regarding the extent to which an Advisor may participate in the grievance procedures. Such restrictions apply equally to the Parties.

Investigative interviews may be recorded by the Investigator .

Parties may not attend interviews of any other Party or witness or any meeting or hearing related to the investigation, unless invited and expected to participate by the College.

Review of Preliminary Investigative Report and Evidence: At the conclusion of the investigation but prior to the completion of the Final Investigative Report, each Party and their Advisor, if any, will have an equal opportunity to access, review, and respond to Preliminary Investigative Report and Evidence (collectively referred to as the 鈥淚nvestigation File鈥�). Each Party and their Advisor, if any, will have access to the Preliminary Investigation File in electronic or hard copy.

The Investigation File will contain any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the school does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence 鈥� whether obtained from a Party or other source 鈥� so that each Party can meaningfully respond to the evidence prior to conclusion of the investigation. All such evidence subject to the Parties鈥� inspection and review will be made available at the live hearing to give each Party an equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

麻豆传媒官网 may redact confidential portions of the investigation file prior to release of the Preliminary Investigation File to the Parties and their Advisors.

The Party and their Advisor, if any, will have ten (10) business days to review and submit a written response to the Preliminary Investigation File by email to the Investigator. Responses may be inserted as comments in the report, consolidated in a separate narrative document, or consolidated in an email. If a Party does not provide a written response within ten (10) business days, it will be assumed that the Party reviewed the information and chose not to respond.

The Parties鈥� responses to the Preliminary Investigation File may include requests for additional witness interviews, evidence collection, general comments, or responses deemed appropriate by the Party.

Creation of the Final Investigative Report and Evidence: After the deadline to submit responses to the Preliminary Investigation File has passed, the Investigator will review and consider the Parties鈥� written responses before completing the Final Investigative Report that fairly summarizes relevant evidence (鈥淔inal Investigation File鈥�). The Investigator has discretion to further investigate or revise the Investigation File at that point.

The Parties鈥� responses to the Preliminary Investigation File, if any, will be included as Appendices to the Final Investigation File.

C.1 NON-TITLE IX DECISION-MAKING PROCESS

Evaluation of Credibility and Recommendations: Prior to issuing the Final Investigative Report and File and sharing it with the Decision-Maker(s), the Investigator will review the evidence presented 鈥� including Party and witness statements as well as Party responses to the Preliminary Investigative Report and File.  The Investigator also weigh Party and witness credibility to provide recommendations to the Decision-Maker(s) as to their determination of whether or not the alleged incident occurred and if that incident constitutes a Policy violation.

Credibility determinations assist an Investigator in assessing the persuasiveness of the evidence and helping the decision-maker determine whether the claim is supported by a preponderance of the evidence. Credibility is a function of the reliability of the evidence, including the statements provided by Parties and witnesses. Credibility can be enhanced or diminished by other witnesses鈥� statements and by independent, objective facts. Certain factors, such as corroboration, may bolster the reliability of the evidence in the analysis. Consistency and plausibility may bolster or detract from an assessment of the credibility of evidence.

The following factors are considered when assessing credibility:

• Ability to perceive or remember the events in question;
• Possible biases, prejudices, and/or personal motivations;
• Inconsistencies among or within the individual鈥檚 statement(s) and/or the evidence;
• Inherent plausibility of account;
• Corroboration; (degree to which testimony is verified, affirmed or authenticated by that of others)
• Omissions

The Investigator may also consider the degree of corroboration and consistency of the statements of all the individuals interviewed and any additional evidence, taken as a whole.

The Investigator will not consider the following factors when assessing credibility:

• Tonal quality, volume, speech patterns, and/or demeanor;
• Allegations of similar behavior that has not been substantiated;
• Character for truthfulness;
• Past record or history of similar behavior.

Role of the Decision-Maker: After receiving the Investigator鈥檚 recommendation, the Coordinator will designate a single Decision-Maker or three-member panel from the trained Grievance Process Pool to serve as Decision-Makers. The Decision-Makers may strongly consider the Investigator鈥檚 recommendation(s), but the recommendation(s) are not binding on the Decision-Maker(s). 

Evaluation of Facts: The Decision-Maker(s) will review the report, evidence, and all responses to the Investigative Report and File. If the record is incomplete, the Decision-Maker(s) may, if needed: 1) Direct or conduct any additional inquiry as necessary, including informally meeting with the Parties or any witnesses; and/or 2) Direct a re-opening of the investigation. The Coordinator may assist in the facilitation of such additional inquiry, as necessary.

After reviewing the gathered information, the Decision-Maker(s) will proceed with Deliberations and Notice of Outcome, as explained below (Section 10.1.D).

C.2 LIVE HEARING FOR TITLE IX SEXUAL HARASSMENT^[6]

Sharing the Final Investigative Report and Evidence: Upon completion, the Investigator will share the Final Investigation File with each Party, their Advisors (if any), and the Decision-Maker no less than ten (10) business days prior to a scheduled hearing, in electronic format or hard copy. The Investigator will not include a recommendation regarding responsibility for the Decision-Maker.

Upon review, the Parties may submit a written response to the Decision-Maker not less than five (5) days prior to the scheduled hearing, which the Coordinator or Investigator will share with other Party, their Advisor, and the Decision-Maker(s).

Role of the Decision-Maker: A trained Title IX Decision-Maker or panel of Decision-Makers will be assigned to facilitate the live hearing, question Parties and witnesses, assess credibility, and determine whether Title IX Sexual Harassment and other Prohibited Conduct under this Policy (if applicable) occurred. The Decision-Maker cannot be the same person as the Title IX Coordinator or Investigator.

Notice of Hearing: No less than ten (10) business days before the hearing, the Title IX Coordinator will issue a Notice of Hearing to the Parties and their Advisors.

The Notice of Hearing will contain the following:

• Summary of the Alleged Conduct and Potential Policy Violations
• Identification of Applicable Policies
• Access to the Final Investigation File (which may have been previously provided by the Investigator)
• Date, Time and Location of Pre-Hearing Meeting(s)
• Date, Time, and Location of the Hearing
• Name of the Assigned Decision-Maker(s)
• Names of the Pre-Hearing Meeting and Hearing Participants
• Information on Requesting Accommodations for a Documented Disability or a Translator
• Statement that Parties are expected to inform the Coordinator of the identity of their live hearing Advisor at least two (2) business days before the hearing
• Additional Information about Pre-Hearing Meeting and Hearing Procedures, as necessary

Pre-Hearing Meetings: After the Final Investigation File is shared with the Parties and their Advisors and before the live hearing, the Decision-Maker(s) may invite the Parties and their Advisors to participate in a pre-hearing meeting. Typically, the Complainant and their Advisor(s) and the Respondent and their Advisor meet separately with the Decision-Maker for their pre-hearing meetings.

The purpose of the Pre-Hearing Meeting is to discuss the hearing procedures, rules of conduct/behavior, and technology that will be used during the hearing; identify witnesses that will be asked to appear at the hearing; determine how to address any new evidence or new witnesses the Parties seek to offer at the hearing that was not previously available during the investigation, if any (see below), any issues of legal privilege; and to resolve any other matters that the Decision-Maker determines should be resolved before the hearing (at their discretion).

New evidence: Parties are encouraged to provide all relevant witnesses and evidence during the investigation. Parties asking that additional relevant and not otherwise impermissible evidence (including witness testimony) that was not previously provided to the Investigator(s) be considered may be asked to demonstrate why such evidence was not reasonably available to them at the time of the investigation. If any Party seeks to introduce such new evidence, the Decision-Maker may, at their discretion: 1.) accept the new evidence as admissible, share it with all Parties and their Advisors (if any) prior to the hearing, and proceed with the scheduled hearing; 2.) postpone the hearing to allow sufficient time for all Parties and their Advisors (if any) to review and respond to such evidence; or 3.) take other measures as they deem appropriate.

Live Hearing Procedures: The hearing will take place no less than ten (10) business days after the Final Investigation File is shared with each Party and their Advisor.

Hearing participants typically include the Decision-Maker(s) (often referred to as the Hearing Chair and Hearing Panelists), the Parties (or three (3) organizational representatives when an organization is the Respondent), Advisors, Support Persons, the Investigator, called witnesses, the Hearing Facilitator and/or the Coordinator, and anyone providing authorized accommodations or assistive services. While the Parties and relevant witnesses will be invited to participate in the live hearing, such participation is not mandatory. Advisor attendance is required, however. (See below) The College will proceed with the live hearing in the absence of any Party or witness, and the Decision-Maker may reach a determination of responsibility in their absence. The Decision-Maker cannot draw an inference about the determination regarding responsibility based solely on a Party鈥檚 or witness鈥檚 absence from the live hearing or refusal to answer cross-examination or other questions.

The live hearing may be conducted with the hearing participants physically present in the same geographic location, or the hearing may be conducted with the Parties in physically separate locations with technology enabling the Decision-Maker, Parties, and Advisors to simultaneously see and hear the Party or witness while that person is speaking. If the hearing is conducted with the Parties at the same geographic location, at the request of either Party, the College must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Decision-Maker and Parties to simultaneously see and hear the Party or the witness answering questions.

麻豆传媒官网 will create an audio or audiovisual recording or transcript of the live hearing, which will be made available to the Parties for inspection and review. Cell phones may not be used during the hearing unless approved by the Decision-Maker in advance.

Questioning of Parties and Witnesses: During the live hearing, the Decision-Maker(s) have the right to ask the Complainant, Respondent, and witnesses questions to aid in evaluating allegations and assessing credibility. Each Party鈥檚 Advisor will also have the opportunity to propose and ask relevant questions and follow-up questions of Parties and witnesses, including questions challenging credibility. This is referred to as 鈥渃ross-examination.鈥� Cross-examination must be conducted directly, orally, and in real time by the Party鈥檚 Advisor. Cross-examination will not be conducted by a Party personally. Advisors must conduct all questioning of the other Party and all witnesses in a live hearing even in the event that their Party is not present at the live hearing. 

Only relevant cross-examination and other questions may be asked of a Party or witness. Therefore, before a Complainant, Respondent, or witness answers a cross-examination or other question, the Decision-Maker must first determine whether the question is relevant. If a Decision-Maker determines that a question is relevant, then the Party or witness may answer that question. The Decision-Maker must explain any decision to exclude a question as not relevant.

Questions that are unclear, harassing, or repetitive of the Party or witness being questioned are not permitted. If the Decision-Maker determines that a question is unclear or harassing, the Decision-Maker will give a Party an opportunity to clarify or revise the question. If a question is sufficiently clarified or revised, the question will be allowed.

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-Maker(s) can only rely on whatever relevant evidence is available through the investigation and hearing in making the ultimate determination of responsibility. If a Party or witness does not attend or does not submit to cross-examination at the hearing, the Decision-Maker may still rely on any relevant statement of that Party or witness in reaching a determination regarding responsibility.^[7] The Hearing Panel may not draw an inference on responsibility solely on the Party or witness鈥檚 absence from the hearing or refusal to answer questions.

Additional rules of decorum and hearing procedures that apply equally to the Parties and their Advisors may be shared prior to the hearing.

Advisors at the Hearing: Parties are required to have an Advisor present at the live hearing to ask questions of witnesses and the Other Party. If a Party does not have an Advisor present at the live hearing, the College will provide the Party with an Advisor of the College鈥檚 choice, without charge to the Party, for the purpose of Advisor-conducted questioning. The Advisor will not be a Confidential Resource and may or may not be an attorney. The College cannot guarantee equal advisory rights. Consequently, 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 or other Advisor, except at the hearing. The College is not required to provide an attorney as an Advisor at the hearing.

Joint Hearings: In hearings involving more than one Respondent or in which two (2) or more Complainants have accused the same individual of substantially similar conduct arising out of the same facts or circumstances; the default procedure will be to hear the allegations jointly.

However, the 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 violation.

D. DELIBERATIONS AND NOTICE OF OUTCOME

Deliberations: Following the investigation (and live hearing for allegations of Title IX Sexual Harassment), the Decision-Maker(s) will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the alleged Prohibited Conduct and Policy violation(s) in question. If a panel is used, a simple majority vote is required to determine the finding. The Hearing Facilitator may be invited to attend the deliberation by the Chair, but is there only to facilitate procedurally, not to address the substance of the allegations. To reach a determination, the Decision-Maker will apply the preponderance of the evidence standard, as defined in this Policy.

When there is a finding of responsibility on one or more of the allegations, the Decision-Maker(s) may then consider the previously submitted Party impact statements in determining appropriate sanction(s). The Decision-Maker(s) may 鈥� at their discretion 鈥� consider the statements, but they are not binding.

The Decision-Maker(s) will review the statements and any relevant conduct history provided by the . They will then determine the appropriate sanction(s) for students. For employees, the Decision-Maker(s) will recommend the appropriate sanction(s), in consultation with other appropriate administrators (such as the Director of Human Resources and/or the Provost).

Notice of Outcome: The Chair Decision-Maker will draft and issue a written determination regarding responsibility called the Notice of Outcome and provide it to the Coordinator, who will then share it with the Parties and their Advisors simultaneously.

Elements of the Notice of Outcome: The Notice of Outcome will include the following elements:

1. Identification of the allegations potentially constituting Prohibited Conduct, and other Prohibited Conduct (if applicable) under this Policy
   
   
2. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
   
   
3. Findings of fact supporting the determination;
   
   
4. Conclusions regarding the application of the College鈥檚 code of conduct to the facts;
   
   
5. A statement of, and rationale for, the result as to each allegation, including:
   
   • A determination regarding responsibility
   • Any Disciplinary Sanctions the College imposes on the Respondent, and
   • Whether Remedies designed to restore or preserve equal access to the institution鈥檚 education program or activity will be provided to the Complainant; and
6. The College鈥檚 procedures and permissible bases for the Complainant and Respondent to appeal.

Generally, the Notice of Outcome will be issued no more than fifteen (15) business days after the live hearing.

The Notice of Outcome becomes final either on the date that the College provides the Parties with the written determination of the result of any appeal, if an appeal was filed, or, if no Party appeals, the date on which an appeal would no longer be considered timely.

DISCIPLINARY SANCTIONS

Disciplinary Sanctions may not be imposed upon a Respondent for Prohibited Conduct under this Policy unless there is a determination at the conclusion of the applicable grievance procedures that the Respondent engaged in Prohibited Conduct and therefore violated the Policy. Sanction(s) will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.

Sanctions may be imposed upon students, employees, or organizations singly or in combination.

Factors considered when determining any Disciplinary Sanctions may include, but are not limited to: the nature, severity of, and circumstances surrounding the violation; an individual鈥檚 sanction history; previous allegations or allegations involving similar conduct; the need for sanctions to bring an end to the Prohibited Conduct; the need for sanctions to prevent the future recurrence of Prohibited Conduct; the need to remedy the effects of the Prohibited Conduct on the Complainant and the community; the impact on the parties; and any other information deemed relevant by the Coordinator.

Student Sanctions: The range of possible Disciplinary Sanctions includes, but is not limited to:

• Letter of Warning: An official letter of warning is placed in the student鈥檚 judicial file.
• Probation Level I: Probation set for a specific length of time. If an individual is found in violation of any College policy during that time, a more serious sanction will be imposed.
• Probation Level II: Probation set for a specific length of time. Students on Probation Level II may be removed from leadership positions in student organizations. Any student found in violation of this level of probation will have a more serious sanction imposed, usually Withheld Suspension. Students on Probation Level II may not be permitted to participate in College-affiliated travel (e.g., Spring Break Immersion Trips, study abroad experiences, etc.) and/or leadership positions in Registered Student and/or Greek Letter Organizations.
• Withheld Suspension: Withheld Suspension is for a specific period of time. Students on Withheld Suspension may be immediately suspended from the College if the student is involved with a violation of any College policy during the stated period of time. This is the most serious sanction short of suspension. Students on Withheld Suspension may not be permitted to participate in College-affiliated travel (e.g., Spring Break Immersion Trips, study abroad experiences, etc.) and/or leadership positions in Registered Student and/or Greek Letter Organizations.
• Suspension: A set length of time during which an individual may not be involved in any aspect of the College. This includes courses, housing, and campus activities. A student may apply for readmission at the end of the suspension period.
• Expulsion: A student is dismissed from the College permanently.
• Educational Sanction: The decision-makers may decide to issue a sanction, within reason, that will be beneficial in assisting the student to understand the impact of their behavior on the community. This may include but is not limited to:
  • Writing a research paper or reflective piece relevant to the violation.
  • Meeting with a faculty or staff member to discuss items relevant to the violation.
  • Develop an action plan to deter further violations.
  • Develop a program or publicity campaign relevant to the violation.
• Withheld Removal from Housing: This sanction means that if a student is involved in a violation of any College policy during the stated period of time, he/she may be immediately removed from College housing.
• Housing: A student鈥檚 current and future housing status may be changed if such an action is deemed beneficial for either the College or the student.
• Referral for Assessment: This could include, but not be limited to, behavioral, psychological, or substance use assessments.

Employee Sanctions: The range of possible Disciplinary Sanctions for employees includes, but is not limited to: Warning 鈥� Verbal or Written; Performance Improvement/Management Process; Required Counseling; Required Training or Education; Probation; Loss of Annual Pay Increase; Loss of Oversight or Supervisory Responsibility; Demotion; Suspension with pay; Suspension without pay; Termination; and/or Other Actions.

A Party, witness, or others participating in either grievance process will not be disciplined for making a false statement or for engaging in consensual sexual conduct based solely on the Decision-Maker鈥檚 determination whether Prohibited Conduct occurred.

Failure to Comply with Sanctions: All Respondents are expected to comply with the imposed Disciplinary Sanction(s) within the timeframe specified. 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 麻豆传媒官网. A suspension will only be lifted when compliance is achieved to the satisfaction of the Coordinator.

REMEDIES

Following the conclusion of the Complaint Resolution Procedures, and in addition to any sanctions implemented, the Coordinator may implement Remedies with respect to the Parties and/or the campus community to stop the harassment, discrimination, and/or other Prohibited Conduct; remedy its effects; and prevent its reoccurrence. The Coordinator is responsible for the implementation of such Remedies.

The range of potential Remedies includes, but is not limited to:

• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Education to the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Policy modification
• Provision of transportation accommodations
• Implementation of long-term contact limitations between the parties
• Implementation of adjustments to academic deadlines, course schedules, etc.

麻豆传媒官网 will maintain the privacy of any Remedies, provided privacy does not impair 麻豆传媒官网鈥檚 ability to provide these services.

E. APPEALS

Complainants and Respondents have the right to appeal the dismissal of a complaint and the Notice of Outcome and make a statement in support of, or challenging, the outcome.

Role of the Appeal Decision-Maker: Generally, the Appeal Decision-Maker(s) will be a three-member Appeal Panel who are chosen by the Coordinator, though the College has the right to engage an external Appeal Decision-Maker. One member of the Appeal Panel will be designated as the Chair. The Appeal Panel will be free of bias as well as conflict of interest and will not be the Coordinator, Investigator involved in the investigation, or Decision-Maker who reached the determination regarding responsibility or dismissal. The Panel will have received required training under Title IX.

Grounds for Appeal: The Parties may appeal the determination on 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 Coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

(4) The sanctions imposed fall outside the range of sanctions that 麻豆传媒官网 has designated for this offense and the cumulative record of the Respondent.

Procedures for Filing an Appeal: The following appeal procedures apply equally to the Parties.

1. Request for Appeal

Any Party may file a written Request for Appeal to the Coordinator within five (5) business days of delivery of the Notice of Outcome or Notice of Dismissal.

The Request for Appeal will be forwarded to the Appeal Decision-Maker for consideration to determine if the Request meets the grounds for appeal (Review for Standing).

This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

If any of the grounds in the Request for Appeal do not meet the grounds set forth in this Policy, that Request will be denied by the Appeal Decision-Maker. The Parties and their Advisors will be notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Decision-Maker will notify the other Party(ies), their Advisor(s), Coordinator, and, at the discretion of the Appeal Decision-Maker, the Investigator and/or the Decision-Maker.

2. Response to Appeal

The other Party(ies) and their Advisors (if any), Coordinator, and, if appropriate, the Investigator and/or the Decision-Maker will be provided the Request for Appeal with the approved grounds and will be given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. All responses will be forwarded by the Appeal Decision-Maker to all Parties for review and comment. 

The non-appealing Party (if any) may also choose to raise a new ground for appeal at this time. If so, that request will be reviewed for standing by the Appeal Decision-Maker and either denied or approved. If approved, it will be forwarded to the Party who initially requested an appeal, Coordinator, and the Investigator and/or Decision-Maker (as necessary), who will submit their responses within five (5) business days, which will be circulated for review and comment by all Parties.

Parties cannot submit any new Requests for Appeal after this time period.

3. Notice of Appeal Outcome

The Appeal Decision-Maker will collect any additional information needed and all documentation regarding the approved grounds and subsequent responses. The Appeal Decision-Maker will apply the preponderance of the evidence standard.

The Notice of Appeal Outcome will be sent to all Parties and their Advisors (if any) simultaneously and will include the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome may contain specific instructions for remand or reconsideration and any sanctions or measures that may result that the institution is permitted to share in accordance with state and federal law. 

Generally, the Appeal Decision-Maker will then draft and issue a Notice of Appeal Outcome in no more than fourteen (14) business days after receiving all timely responses.

Sanctions Status during the Appeal: Sanctions imposed as a result of the hearing will not be in effect during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above.

If any of the sanctions are to be implemented immediately post-hearing, then emergency removal procedures (detailed above) for a hearing on the justification for doing so must be permitted within 48 hours of implementation.

麻豆传媒官网 may still place holds on official transcripts, diplomas, graduations, and course registration pending the outcome of an appeal when the original sanctions included separation.

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)/responsive action(s) only if there is a compelling justification to do so.

Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, 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.

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

The Appeal Decision-Maker may consult with the Coordinator on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained.

Appeals granted based on new evidence should normally be remanded to the original Investigator(s) and/or Decision-Maker(s) for reconsideration. Other appeals may be remanded at the discretion of the Coordinator or, in limited circumstances, decided on appeal.

Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed (except in the case of a new hearing).

In rare cases where a procedural error cannot be cured by the original Decision-Maker(s) (as in cases of bias), the appeal may order a new hearing with a new Decision-Maker(s).

Results of a new hearing can be appealed, once, on any of the three available appeal grounds.

In cases in which the appeal results in reinstatement to 麻豆传媒官网 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.

10. 2 INFORMAL RESOLUTION PROCESS

Informal Resolution is a highly adaptable process that is based on the needs of the people involved and therefore can consist of a variety of approaches to resolving a Formal Complaint. It allows those involved to determine and shape their own process(es) and outcomes with the assistance of a professional facilitator. Informal Resolution is grounded in restorative practices because it focuses on the needs of those involved. It can address harm and conflict at the individual and/or community level, depending on the Parties鈥� needs.

Voluntary Participation: The Informal Resolution Process is voluntary and optional for all Parties. It is separate from the Complaint Resolution Procedures described in Section 10.1. Prior to beginning the Informal Resolution Process, the Coordinator will obtain the Parties鈥� voluntary, written consent to participate. Any participant may discontinue the process at any time.

Informal Resolution Facilitator: A neutral individual who will assist the Parties in identifying the process that fits their needs and interests as well as facilitate that process. The Facilitator for the Informal Resolution Process must not be the same person as the Investigator or the Decision-Maker in the grievance procedures. Any person designated by the College to facilitate an Informal Resolution Process must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Any person facilitating informal resolution for allegations of Title IX Sexual Harassment must receive the required training under Title IX.

Initial Consultation: Before starting the Informal Resolution Process, Parties interested in the process will meet with the Coordinator or Informal Resolution Facilitator to determine whether the Informal Resolution Process may meet their needs. During this meeting, potential participants will explore their goals, questions, concerns, ideal outcomes, and preferred process without committing to participate. This initial consultation meeting is confidential.

Examples of Informal Resolution Process: Since the process is flexible and adapted to meet the Parties鈥� needs in each case, the exact format, timing, and participants may vary. The process can, but does not have to, involve face-to-face interactions with other participants. Examples of common Informal Resolution Processes include:

• Shuttle Negotiation: The Parties meet separately with the Informal Resolution Facilitator to discuss their perspectives, experiences, and interests while working towards a negotiated agreement that meets their needs. This process does not require direct interaction between participants. It can occur simultaneously (e.g., with the Parties participating in the same time but in separate rooms on campus or virtually while the Facilitator shuttles between the rooms) or asynchronously (e.g., the Parties meet with the Facilitator separately and at different times, and the Facilitator shuttles between Parties over the course of days or weeks).
• Facilitated Dialogue: The Parties participate in a structured and facilitated conversation. They may work towards the development of a shared agreement including potential terms, but that is not always the goal of this process for the participants.
• Restorative Circle Process: Individuals who have experienced harm or conflict come together in this structured and facilitated process to engage in a dialogue about the harm and how it may be repaired. This process may include individuals who recognize their contribution to harm and take responsibility for repairing it. A circle can also include community members who may have experienced direct and indirect impact on the broader community. Parties must be in agreement on all who will participate.

Parties and the Informal Resolution Facilitator may determine that a one or a combination of these process, or other process, most fits their needs.

Informal Resolution Agreement: While the Informal Resolution Process is flexible, the outcome must include a written document called the Informal Resolution Agreement that indicates the Formal Complaint has been resolved and Informal Resolution Process has concluded. For example, in a shuttle negotiation, this Agreement could contain the terms that have been mutually agreed upon by the Parties (see Potential Terms below). In other processes, the Agreement may simply acknowledge that the process occurred. This Agreement is signed by the Coordinator, Informal Resolution Facilitator, Parties, Advisors, and other participants (as appropriate) prior to the finalization of the Informal Resolution Process.

Potential Terms: Categories of potential terms that may be included in an informal resolution agreement include, but are not limited to: (1) Restrictions on contact; (2) Restrictions on the Respondent鈥檚 participation in one or more of the College鈥檚 programs or activities or attendance at specific events, including restrictions the College could have imposed as Remedies or Disciplinary Sanctions had the College determined at the conclusion of the applicable grievance procedures that Prohibited Conduct; (3) Educational assignments; (4) Acceptance of responsibility; (5) Acknowledgment of harm; or (6) Additional terms as mutually agreed upon by the Parties.

Timing: Informal Resolution may be considered by the Parties at any time following the filing of a Formal Complaint and prior to the College reaching a determination regarding responsibility under the Complaint Resolution Procedures.^[8] Informal Resolution will not be available if such a process would conflict with Federal, State or local law. Typically, the process concludes within two weeks.

College鈥檚 Role: 麻豆传媒官网 has discretion to determine whether it is appropriate to facilitate an informal resolution process. Circumstances when the College may decline to allow informal resolution include, but are not limited to, when the College determines that the alleged conduct could present a future risk of harm to others or to resolve allegations that an employee sexually harassed a student.

The College will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of Formal Complaints as outlined in this Policy. The College will not require or pressure the Parties to participate in an Informal Resolution Process under this Policy. The College may not offer informal resolution for allegations of Title IX Sexual Harassment unless a Formal Complaint is filed.

Notice of Informal Resolution: Before initiation of an informal resolution process, the College will provide to the Parties written notice that explains:

1. The allegations
   
   
2. The requirements of the informal resolution process, including the circumstances under which it prohibits the Parties from resuming a Formal Complaint arising from the same allegations
   
   
3. That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume the appropriate grievance procedures with respect to the Formal Complaint
   
   
4. That the Parties鈥� agreement to a resolution at the conclusion of the informal resolution process would prohibit the Parties from initiating or resuming grievance procedures arising from the same allegations
   
   
5. The potential terms that could be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties (as applicable to the specific process used in the matter)
   
   
6. What information and records will be maintained or could be shared, and whether and how the College could disclose such information for use in Complaint Resolution Procedures (as applicable), if grievance procedures are initiated or resumed

GLOSSARY OF TERMS

The following terms are related to the 麻豆传媒官网 Nondiscrimination, Anti-Harassment, and Title IX Policy and Procedures:  

Actual Knowledge: Notice of Title IX Sexual Harassment or allegations of Title IX Sexual Harassment delivered to the College Coordinator or any official of the College who has authority to institute corrective measures on behalf of the institution. Such notice includes reports sent to the Coordinator in person, by mail, by telephone, by email, telephone call, in-person, or any other means that result in the Title IX Coordinator receiving a person鈥檚 written or verbal report. Individuals may also submit report to the Title IX Coordinator via email, mail, or in person or complete and submit the .

This standard is not met when the only official of the recipient with actual knowledge is the Respondent.

The mere ability or obligation to report Title IX Sexual Harassment or to inform a student about how to report Title IX Sexual Harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the recipient.

Advisor: An individual who provides support, guidance, and/or assistance to the Complainant or Respondent throughout the investigation, hearing, appeals, and/or informal resolution process. Complainants and Respondents have the right to select an Advisor of their choice. Advisors may be a friend, mentor, family member, attorney, or any other supporter a Party chooses to advise them who is both eligible and available. Advisors may not have personal involvement regarding any facts or circumstances of the alleged misconduct and cannot be a witness in the matter. Advisors are required during the hearing process. If a Party does not have an Advisor present at the live Title IX hearing, the College will provide the Party with an Advisor. Additional information about the role of Advisors can be in Section 10. Complaint Resolution Procedures.

Complainant: An individual who is alleged to be the victim of conduct that could constitute Prohibited Conduct under this Policy. A Complainant may, but is not required to be, a student, employee, or other College community member.

Confidential Resource: An employee of the College or internal/external resource whose communications are designated as confidential by the College and/or privileged under Federal or State law. The employee鈥檚 confidential status, for purposes of this Policy, is only with respect to information received while the employee is functioning within the scope of their duties to which the privilege or confidentiality applies. Confidential Resources are not Mandatory Reporters (irrespective of Clery Act Campus Security Authority status).

Coercion: See Section 5. Prohibited Conduct.

Consent: See Section 5. Prohibited Conduct.

Day: A business day when the 麻豆传媒官网 is in normal operation.

Disciplinary Sanctions: Consequences imposed upon a Respondent following a determination that the Respondent violated this Policy. The Coordinator will coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions.

Education Program or Activity: See Section 2. Scope of Policy.

Force: See Section 5. Prohibited Conduct.

Formal Complaint: A document that initiates the Complaint Resolution Process contained within this Policy. The Formal Complaint must be signed and filed by the Complainant or signed by the Coordinator alleging Prohibited Conduct against a Respondent and requesting that the College investigate the documented allegation(s).

At the time of filing a Formal Complaint, the Complainant must be participating in or attempting to participate in an education program or activity at the University.

A Formal Complaint must contain the Complainant鈥檚 physical or digital signature, or otherwise indicate that the Complainant is the person filing the Formal Complaint. Formal Complaints must be submitted via email, mail, or in-person to the Coordinator.

Submission of a Formal Complaint to the Coordinator is not equivalent to filing charges with local law enforcement and does not require Complainant or the College to file charges with local law enforcement.

Grievance Process or Grievance Procedures: The formal Complaint Resolution Procedures (Section 10.1) designated by 麻豆传媒官网 to address conduct that falls within the Policy.

Grievance Process Pool: includes any investigators, hearing officers, appeal officers, and Advisors who may perform any or all of these roles, including outside contractors (though not at the same time or with respect to the same case).

Incapacitation: See Section 5. Prohibited Conduct.

Mandated Reporter: An employee of the 麻豆传媒官网 who is obligated by Policy to share knowledge, notice, and/or reports of Prohibited Conduct with the Coordinator. Mandated Reports are 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 in this Policy.

Official with Authority (OWA): An employee of 麻豆传媒官网 explicitly vested with the responsibility to implement corrective measures for Prohibited Conduct on behalf of the 麻豆传媒官网. This term includes the Coordinator, senior University officials, and all employees in supervisory positions.

Party or Parties: Complainant(s), the Respondent(s), or the Complainant(s) and the Respondent(s) collectively. Nothing in this Policy may be read in derogation of any legal right of a parent or guardian to act on behalf of their child. 

Remedies: Measures designed and provided to a Complainant to restore or preserve equal access to the College鈥檚 education program or activity after the College determines that Prohibited Conduct as set forth in this Policy occurred. Remedies may include the same individualized services described in Section 7. Supportive Measures. However, Remedies do not need to be non-disciplinary or non-punitive and may burden the Respondent. 

Report: Notice, either written or verbal, provided to the Coordinator of an alleged incident of Prohibited Conduct. Any person, regardless of whether or not the person reporting the alleged incident is the person alleged to be the victim in the incident, may report Prohibited Conduct. Reports may be made at any time, including during non-business hours, in person, by mail to the office address listed for the Coordinator, by telephone, by email, or any other means that result in the Coordinator receiving a person鈥檚 written or verbal report. Individuals may also complete the . A report is distinguished from a Formal Complaint as defined above.

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this Policy.

 Retaliation: The term 鈥淩etaliation鈥� used within this Policy refers specifically to Retaliation relative to an allegation of Prohibited Conduct and/or the grievance processes outlined in this Policy, as set forth in Section 5. Prohibited Conduct.

Standard of Evidence (Preponderance of Evidence): The standard used to determine if a violation of this Policy occurred. The College uses a 鈥減reponderance of evidence鈥� standard, which means that the evidence gathered in the grievance process demonstrates that it is more likely than not that the alleged conduct or Policy violation occurred.

Student: For the purpose of this Policy, 麻豆传媒官网 defines 鈥渟tudent鈥� as any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing relationship with Hope College.

Student with a Disability: A student who is an individual with a disability as defined in the Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(9)(B), (20)(B), or a child with a disability as defined in the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3).

Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the Colleges education programs or activities without unreasonably burdening the other Party, including measures designed to protect the safety of all parties or the College鈥檚 educational environment, or deter Prohibited Conduct. Supportive measures are described in further detail in Section 7. Supportive Measures.

Title IX: Title IX of the Education Amendments of 1972 (Pub. L. 92-318; 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688, 1689), as amended. It is a law that protects against sex-based discrimination and provides for equal opportunity for students to pursue education and have equal and safe access to all of a school鈥檚 programs and facilities and protects these environments from becoming hostile environments. It is mandated through the Office of Civil Rights in the U.S. Department of Education that institutions receiving federal funds or providing federal financial aid to students must adhere to Title IX鈥檚 rules and provisions.

Additional Information

麻豆传媒官网 has made available additional information about various topics related to this Policy, including, but not limited to:

• Grievance Process Pool Information
• Training Information
• Statement of the Rights of Parties
• Expectations regarding unethical relationships

Contact the Coordinator to locate these documents.

RECORDKEEPING

麻豆传媒官网 will maintain for a period of at least seven years records of:

1. Each investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;
2. Any Disciplinary Sanctions imposed on the Respondent;
3. Any Remedies provided to the Complainant designed to restore or preserve equal access to 麻豆传媒官网鈥檚 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 Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an Informal Resolution process. 麻豆传媒官网 will make these training materials publicly available on 麻豆传媒官网鈥檚 website; and
7. Any actions, including any Supportive Measures, taken in response to a report or Formal Complaint of sexual harassment, 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 麻豆传媒官网鈥檚 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.

麻豆传媒官网 will also maintain any and all records in accordance with state and federal laws.

FEDERAL STATISTICAL REPORTING OBLIGATIONS

Mandated Reporters are also deemed Campus Security Authorities 鈥� meaning they have a duty to report all crimes they are made aware of to Campus Safety for federal statistical reporting purposes, as required by the Clery Act.

All personally identifiable information is kept private, but statistical information must be passed along to Campus Safety regarding the type of incident, the date and its general location for publication in the Annual Security Report and daily campus crime log. Issues of sexual assault and/or VAWA based crimes that are reported to the Title IX Coordinator will be shared with Campus Safety by that office.

FEDERAL TIMELY WARNING OBLIGATIONS

Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, 麻豆传媒官网 must issue timely warnings for incidents reported to them that pose a serious or continuing threat of bodily harm or danger to members of the campus community.

麻豆传媒官网 will ensure that a Complainant鈥檚 name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

REVISION

These policies and procedures will be reviewed and updated periodically by the Coordinator. 麻豆传媒官网 reserves the right to make changes to this document as necessary and once those changes are posted online, they are in effect.

The Coordinator may make minor modifications to these procedures that do not materially jeopardize the fairness owed to any Party, such as to accommodate summer schedules. The Coordinator may also vary procedures materially with notice (on the 麻豆传媒官网 website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Policy and procedure.

If government regulations change in a way that impacts this document, this document will be construed to comply with the most recent government regulations.

This Policy does not establish contractual rights, in whole or in part, between the College and any individuals, including students and employees.

This Policy and procedures are effective August 1, 2026.

^[1] The Violence Against Women Act (VAWA) was enacted in 1994 codified in part 42 U.S.C. sections 13701 through 14040.

^[2] The FBI鈥檚 Uniform Crime Reporting Manual (2025) defines this type of behavior as 鈥淐riminal Sexual Contact鈥� rather than 鈥淔ondling.鈥� (). Under this policy, such behavior is considered a form of sexual harassment and policy violation. It does not lead to or implicate either Party in a criminal or otherwise legal proceeding. Therefore, the term 鈥渇ondling鈥� is used in this policy to maintain clarity. Information about reporting incidents of sexual misconduct and sexual harassment to law enforcement is contained in Section 6 of this policy.

^[3] The state of Michigan does not specifically define consent, but Criminal Sexual Conduct laws explicitly state consent can be absent based on age, mental challenges or incapacitation. While we use the definition outlined in the Policy to address campus policy violations, MI penal code section 750.520 should be reviewed as it is applicable to criminal prosecutions for sex offenses in Michigan.

^[4] Hyperlink to internal document/appendix about the Grievance Process pool.

^[5] Hyperlink to website

^[6] The live hearing may address non-Title IX Sexual Harassment allegations if such allegations have been consolidated into a Formal Complaint that contains Title IX Sexual Harassment allegations.

^[7] This provision is effective as to any determination regarding responsibility rendered by Decision Makers on or after August 24, 2021. It replaces a provision in prior versions of Title IX procedures that prohibited reliance on such statements. That provision was based on a regulatory requirement of the U.S. Department of Education that has since been vacated by a federal court and that is no longer enforced by the Office for Civil Rights. See Suzanne B. Goldberg, Acting Assistant Secretary for Civil Rights, U.S. Department of Education, "Letter to Students, Educators, and other Stakeholders re Victim Rights Law Center et al. v. Cardona," p.1 (August 24, 2021).

^[8] This is required under the federal Title IX regulations but applies to all forms of Prohibited Conduct under this Policy.