Determination and Outcome

Determination of Responsibility

• Following the hearing, the Decision-Maker Panel will deliberate in a closed (unrecorded) session using the "preponderance of evidence standard" to determine by majority vote whether "more likely than not" the respondent is responsible or not responsible for committing sex or gender-based harassment/discrimination as outlined in this policy. Note: This is a lesser standard of evidence than the "beyond a reasonable doubt" standard used in the criminal justice system. The "preponderance of evidence standard" will be applied to all Title IX cases, including those involving a respondent who is a University faculty or staff member.
• If and after there has been a determination of responsibility and before imposing corrective disciplinary action, the Panel may consider any impact statement submitted by the complainant and mitigation statement submitted by the respondent.
• Following a determination of responsibility, in deciding the appropriate outcome the Panel may also consider any relevant conduct history provided by the Title IX Coordinator. The Panel may choose to further consult with the Title IX Coordinator regarding the range of appropriate disciplinary actions.
• The chair of the Panel, in consultation with the members, will prepare and submit to the Title IX Coordinator a written deliberation statement detailing the final determination and rationale.
• A determination by the Panel that the respondent is "not responsible" does not necessarily mean the alleged incident did not happen or that the conduct was appropriate. Rather, it may mean that there was insufficient evidence to reach a determination of responsibility for a violation of the alleged Title IX sex or gender-based harassment/discrimination. It may also mean that the conduct was inappropriate and a violation of the general codes of student, faculty or staff conduct.
• Even when there is a determination that the respondent is "not responsible," the Title IX Coordinator and/or Panel may, nevertheless, refer the case to the Student Life Deans Council to be reviewed for a potential response for inappropriate conduct or a general violation of the Code of Student Conduct. If the respondent is a faculty, staff or student employee, the case may be referred to Human Resources to be reviewed for a potential response for inappropriate conduct or a general violation of the "Working Policy" or "Employee Handbook."
• Once a respondent is found responsible, the Panel's imposed response may be disciplinary, punitive and burdensome to the respondent.

Corrective Disciplinary Action and Outcome

In instances where sex or gender-based harassment/discrimination is found by the Decision-Maker Panel to have occurred, the University will take appropriate action, up to and including separation from the University, with the goal to end such harassment/discrimination, prevent its recurrence and remedy its effects. Third parties who engage in sex or gender-based harassment/discrimination may have their relationship with the University terminated and/or their privileges of being on University premises withdrawn.

Any student, faculty or staff member who is found responsible for sex or gender-based harassment/discrimination defined in this policy will be subject to a range of corrective disciplinary action that includes, but is not limited to, verbal counsel, written warning, probation, suspension, dismissal, mandatory education and other remedies the University deems appropriate.

The Decision-Maker Panel reserves the right to determine what type of disciplinary response is appropriate for the level of sex or gender-based harassment/discrimination as well as to broaden or lessen the responses relative to the nature of the behavior. Mitigating or aggravating circumstances, if they exist, may also be considered.

• The following misconduct has a sanction range of warning through dismissal/termination:
  • Sex Discrimination
  • Quid Pro Quo Harassment
  • Hostile Environment Harassment
  • Retaliation
• The following misconduct has a sanction range of probation through suspension/termination:
  • Stalking
  • Dating/Domestic Violence
• The following misconduct has a sanction range of suspension through dismissal/termination:
  • Rape
  • Sexual Assault with an Object
  • Sodomy
  • Incest
  • Statutory Rape
• Sanctions can be assigned outside of these ranges based on aggravating or mitigating circumstances or the respondent's cumulative conduct record.
• The Title IX Coordinator will work with the chair of the Panel to prepare a written outcome letter for both parties that includes: allegation(s), procedural steps taken, determination of responsibility, rationale supporting the determination, corrective disciplinary actions and appeal processes.
• The outcome letter will be provided to both parties as simultaneously as possible. 
• If a request for an appeal is filed, the determination of responsibility and any corrective disciplinary actions will become final on the date the results of the appeal are sent to the parties. If no appeal is filed, the determination of responsibility will become final the day after the deadline for filing an appeal.

Appeal Process

Both the complainant and the respondent have the same right to appeal from a determination regarding responsibility and from the dismissal of a complaint or any allegations therein on the grounds below. The limited bases to activate an appeal process are one or more of the following:

• Procedural Irregularity: The original processes had a procedural irregularity that would change the outcome of the matter.
• New Evidence: New and relevant evidence that (a) was not reasonably available at the time the determination regarding responsibility or dismissal was made and (b) would change the outcome of the matter. A summary of such new information should be included in the request.
• Conflict of Interest: The Title IX Coordinator, investigators or decision-makers had a conflict of interest or bias that would change the outcome of the matter.

A formal request for an appeal should be directed to the Title IX Coordinator within three (3) business days of receiving written notice of the decision. The appeal must contain a concise written statement outlining the grounds for the appeal as described above. The Title IX Officer will provide a copy of the written appeal to the other party. Both parties will be given a reasonable and equal opportunity to submit a written statement in support of, or challenging, the outcome. 

The appeal will generally be directed to a new Conduct Appeals Panel of three members. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other parties, to the Conduct Appeals Panel for consideration. An additional non-voting person will be appointed to chair the Panel. The Conduct Appeals Panel will be selected from a trained pool of panel members.

Given that, in most cases, the complainant and the respondent have already had a face-to-face hearing with the investigative processes and/or the judicial body, the appeal process does not provide a second opportunity for a face-to-face hearing, nor does it provide a rehearing of the facts or a repeat of the investigative processes. The appeal is generally limited to the review of a written appeal or other relevant documents in the context of the stated grounds.

The chair of the Appeals Panel will issue a written determination and rationale regarding whether the appeals process will be granted or denied, as simultaneously as possible to both parties.

If grounds for an appeal are granted, the case will be returned for further proceedings to the original Decision-Maker Panel; provided, however, that there has been a finding of bias on the part of an original member of the Panel, the case will be given to a newly constituted Decision-Maker Panel. The Decision-Maker Panel will have seven (7) business days to review and decide on the appeal, though extensions may be granted at the discretion of the administrator. Following the granting of the appeal process, the original or new Decision-Maker Panel can uphold the original decision, alter the original decision, and/or alter the Panel's response or disciplinary action.

The decision of the Appeals Panel will be final; however, in cases involving a faculty, staff, or student's permanent dismissal from the University, both the complainant and the respondent will have an equal opportunity to request an additional review with the Office of the President.

Duration of University Processes

• If a criminal complaint has been lodged with local law enforcement by the complainant, the University's investigation may be delayed temporarily, as requested by the criminal investigators. The University, however, may not wait on the outcome of the criminal processes and has a responsibility to begin its own investigation in a timely manner and to take any necessary interim supportive and protective measures.
• The informal resolution process is typically completed in 20–30 days.
• A typical administrative or hearing resolution process, which includes an investigation, hearing and outcome from the University, may take approximately 60–90 business days after the Title IX Coordinator has received a written complaint. 
• The timeframe for resolving an appeal is typically an additional 30 days.
• In some cases, the timeframe may be delayed and extended for good cause. Both parties will be notified about any delays or extensions and the reasons. Good cause may include, but is not limited to, accounting for University breaks, summer schedules, concurrent law enforcement activity, the need for language assistance or disability accommodation, the need to troubleshoot technology issues, or to accommodate the availability of participants or witnesses.
• If a party or witness chooses not to participate in the resolution process or becomes unresponsive, the University reserves the right to continue the process without their participation to ensure a prompt resolution. Unresponsive parties may choose to participate again in the resolution process at any time.

Withdrawal or Resignation While Charges are Pending 

• Students: If a student charged with a Title IX violation voluntarily withdraws from the University, the University may place a registration hold to require that student to resolve the Title IX violation before re-enrolling. 
• Employees: Should an employee resign with unresolved Title IX allegations pending, the records of the HR/Title IX Coordinator will reflect that status, and any University responses to future employment inquiries for that individual may include the former employee's unresolved status.

Policy Revision and Effectiveness ⇒