HEAR Sexual Misconduct Response - Iona College
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HEAR\ Sexual Misconduct
Response
Iona College
Chantelle Cleary
Director of Strategic Partnerships & Client Services
May 2021
Meet Your Facilitator
Chantelle Cleary is a nationally-recognized subject-matter
expert in Title IX and related fields. She has more than 10
years of experience in the investigation and adjudication of
sexual and interpersonal violence. She lectures extensively at
universities and conferences throughout the U.S. on Title IX,
VAWA, harassment, and implementation of best and emerging
practices. Prior to joining Grand River Solutions, Chantelle
served as the Director for Institutional Equity and Title IX at
Cornell University, and before that as the Assistant Vice
President for Equity and Compliance and Title IX Coordinator
at the University at Albany. In these roles, she provided direct,
hands-on experience in the fields of Title IX, civil rights,
employment law, and workplace and academic investigations.
Her responsibilities included focusing on diversity efforts,
sexual assault prevention and training, affirmative action, and
protecting minors on campus.
Chantelle Cleary, J.D.
Director of Strategic
Partnerships & Client Services
Grand River Solutions
Vision Mission Core Values
We exist to help create Bring systemic change to v Responsive Partnership
safe and equitable work how school districts and
v Innovation
and educational institutions of higher
education address their v Accountability
environments.
Clery Act & Title IX
v Transformation
obligations.
v Integrity
Today’s Agenda
Iona College’s Response to
01 Sexual Misconduct 05 The Investigation
Title IX’s Scope and
02 Jurisdiction 06 The Hearing
Receiving Reports and
03 Determining the Applicable 07 Appeals
Procedures
04 Informal Resolution 08 The Requirement
of Impartiality
S
N
I O
Iona College’s Response U T to
L
Sexual Misconduct S O
E R
Narrowed jurisdiction andIV
R
expansive procedural requirements
D
01 A N
R
G
S
N
I O
Sexual misconduct is a broad term that
U T
encompasses a wide range of prohibited
L
behaviors of a sexual nature that is
intimidation,O
committed without consent or by
Sexual S coercion, threat, or force.
R
Sexual misconduct can occur between
Misconduct E
strangers, acquaintances, or people who
Vinvolved in an intimate or sexual
I
know each other well, including those who
Rrelationship,
are
D
and can be committed by
N
anyone regardless of sex, gender, or
A
gender identity.
R
G
S
The Title IX Coordinator’sO
N
T I primary
U
responsibility is to coordinate the College’s
Iona L
compliance with this policy including
complaints ofO
overseeing the College’s response to
College S sexual misconduct,
R
coordinating investigations into allegations
Title IX andE
of sexual misconduct, identifying
IV of sexual misconduct that arise
addressing any patterns or systemic
Coordinator Rduring
problems
D
the investigation of a complaint,
N
and assessing the effects of sexual
A
misconduct on the campus climate.
R
G
Iona College’s Sexual MisconductSPolicy
N
This Sexual Misconduct Policy is separated into four parts:
I O
T
1. Sexual Misconduct Policy – Umbrella Policy that sets forth common elements for
U
L
both the Sexual Misconduct Grievance Procedure and the Title IX
Grievance Procedure both of which address the types of sex-based offenses
and adjudicating those sex-based offenses.
S O
constituting a violation of campus policy, and the procedures for investigating
E R
2. Sexual Misconduct Grievance Procedure – sets forth procedures for investigation,
hearing and appeal of sexual misconduct that do not fall within the definition of Title
IX’s Final Rule.
IV
R
3. Title IX Grievance Procedure – sets forth procedures for investigation, hearing and
D
appeal of matters falling within the definitions of Title IX’s Final Rule. (one for
students and one for employees)
A N
4. Definitions - sets forth definitions of terms used in the Sexual Misconduct Policy,
R
Parts I, II, and III.
G
S
N
I O
Title IX’s Scope and U T
L
Jurisdiction SO
E R
Narrowed jurisdiction andIV
R
expansive procedural requirements
D
02 A N
R
G
S
N
I O
UT
L
S O
E R
IV
Title IX of the Education R
Amendments Act of 1972
D
A N
"No person in the United States shall, on the basis of sex, be excluded from participation in,
R
G
be denied the benefits of, or be subjected to discrimination under any education program or
activity receiving Federal financial assistance.”Sexual Harassment: Section 106.30
S
N
Sexual harassment means conduct on the basis of sex that satisfies one or more of
the following:
I O
U T
L
(1) An employee of the recipient conditioning the provision of an aid,
O
benefit, or service of the recipient on an individual’s participation in
unwelcome sexual conduct;
S
E R
(2) Unwelcome conduct determined by a reasonable person to be so severe,
access to the recipient’s educationR
V
I or activity; or
pervasive, and objectively offensive that it effectively denies a person equal
program
(3) “Sexual assault” as defined D
A N in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence”
R as defined in 34 U.S.C. 12291(a)(30).
as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34
G
U.S.C. 12291(a)(8), or “stalking”Includes locations, events, or circumstances over
S
which the recipient exercised substantial control
N
over both the respondent and the context in which
O
the sexual harassment occurs, and also includes
T I
any building owned or controlled by a student
U
organization that is officially recognized by a
L
postsecondary institution.
Covered
ü
O
S incident that occurs as part of the
On campus or in a building owned or controlled
Geography
ü
E R
Off-campus
institution's operations
IV
Rharassment and
üInstitution exercised substantial control over the
respondent the context of alleged sexual
D that occurred off campus pursuant
A N to § 106.44(a); or
R
ü the incident of sexual harassment occurs at an
G
off-campus building owned or controlled by a
student organization officially recognized by a
postsecondary institutionS
N
I O
U T
Off campus L conduct, even if it has an
O
•
Not S
impact on the educational program
Covered E R
or activity;
•
V States.
IUnited
Conduct that occurs outside of the
R
D
A N
R
GS
Covered Individuals
N
O
Eligibility for Title IX’s Protections
T I
L U
“At the time of filing a formal complaint, a complainant
must be participating in or attempting to participate in the
O
education program or activity of the recipient with which
S
the formal complaint is filed.” 34 C.F.R. § 106.30
E R
Applicant
IV Accepted/Hired
R Enrolled/Employed
D
A N
R
GTitle IX Application Post May 2020
Regulations S
N
I O
UT
Ed Program or
L
O
Type of Conduct Required Identity Apply 106.45
S
Activity Procedures
R
• Hostile
• On campus • Complainant is Required
E
Environment
• Campus participating or
V
Sexual Response:
I
Harassment Program, attempting to
R
• Quid Pro Quo Activity, participate in the
Building, and Ed Program or Section 106.45
• Sexual Assault
D
• In the United activity Procedures
• Dating/Domestic
N
Violence States
A
• Stalking
R
GConduct Falling
Outside the S
N
Apply the Sexual Misconduct
O
Grievance Procedure
Scope of Title IX
T I
U
L the Sexual
Apply
Sexual
harassment
S O
Off Abroad
Misconduct
R Grievance
Title
E
Campus
V
Sexual
assault
IX I Procedure
Quid Pro
R
D
Quo
N
Between
A
Students
R
Severe or
Pervasive,
G
onlyS
N
I
Receiving Reports and O
U T
Determining theLApplicable
Procedures SO
E R
IV
R
D
03 A N
R
GReceipt of Report
S
N
I O
UT
Outreach/Response from Title IX Coordinator
Initial L
S O
Response R
Support Measures, whether or not Formal Complaint is
E
filed
Requirements IV
R
D
How to File
A N
R
G
Options for ResolutionS
Request to Initiate GrievanceNProcess
I O
UT
L
S O
By
E R By the Title IX
complainantRIV Coordinator
D
A N
R
GTitle IX Requires a Signed Formal Complaint
S
A Formal Complaint must include:
N
I O
UT
The Complainant’s digital or physical signature, or an indication that the Complainant is the person filing
L
the Formal Complaint;
S O
An allegation of Prohibited Conduct as defined under this Policy. This may include:
R
• Where the incident(s) occurred; what incident(s) occurred; when the incident(s) occurred;
V E
R I
Identity of Respondent, if known;
D
A N
A request for a resolution.
R
G
Formal Complaints may be made to the Title IX Coordinator by US Mail, email, or in person.Notice of Allegation Requirements
S
N
I O
•
UT
Notice of the allegations, including sufficient details known at the time and with sufficient
time to prepare a response before any initial interview. Sufficient details include:
L
• the identities of the parties involved in the incident, if known,
S O
• the conduct allegedly constituting sexual harassment under § 106.30,
• and the date and location of the alleged incident, if known.
•
E R
The written notice must include a statement that the respondent is presumed not
IV
responsible for the alleged conduct and that a determination regarding responsibility is
R
made at the conclusion of the grievance process.
The written notice must inform the parties that they may have an advisor of their choice,
D
•
who may be, but is not required to be, an attorney, under paragraph (b)(5)(iv) of this
N
section, and may inspect and review evidence under paragraph (b)(5)(vi) of this section.
•
R A
The written notice must inform the parties of any provision in the recipient’s code of
conduct that prohibits knowingly making false statements or knowingly submitting false
G
information during the grievance processPathways to Resolution
S
N
I O
UT
L
S O
Alternative/Informal
E R
Formal/ Investigation/ Hearing
• Voluntary
IV
• Agreed upon
R
D
• Documented in writing
A N
R
GS
N
I O
UT
L
O
Informal Resolution
S
E R
IV
R
D
04 A N
R
GInformal Resolution Options SUnder
N
Both Procedures I O
T U
L
S O
Alternate Resolution
E R
IV
R
Acceptance of Responsibility
D
A N
R
GS
Informal Resolution Notice Requirements
N
I O
UT
L
The allegations;
S O
E R
The requirements of the informal resolution process including the circumstances under which it
V
precludes the parties from resuming a formal complaint arising from the same allegations,
I
provided, however, that at any time prior to agreeing to a resolution, any party has the right to
R
withdraw from the informal resolution process;
D
And resume the grievance process with respect to the formal complaint, and any consequences
A N
resulting from participating in the informal resolution process, including the records that will be
maintained or could be shared.
R
GS
N
Informal Resolution Requirements
O I
UT
L
Formal Complaint must be filed; S O
E R
V
Participation in an informal resolution must be voluntary;
R I
Must occur prior to resolution via a formal process;
D
Parties must be permitted to withdraw and seek formal resolution;
A N
Voluntary, written consent to the informal resolution must be obtained;
R
G
Facilitators of informal resolution must be trained.S
N
I O
UT
L
O
The Investigation
S
E R
IV
R
D
05 A N
R
GNotice Requirements S
N
I O
T
Notice of the allegations, including sufficient details known at the the identities of the parties involved in the incident, if known,
time and with sufficient time to prepare a response before any initial
U
the conduct allegedly constituting sexual harassment under § 106.30,
interview. Sufficient details include:
L
and the date and location of the alleged incident, if known.
S O
The written notice must include a statement that the respondent is presumed not responsible for the alleged
conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
E R
IV
The written notice must inform the parties that they may have an advisor of their choice, who may be, but is not
R
required to be, an attorney, under paragraph (b)(5)(iv) of this section, and may inspect and review evidence under
paragraph (b)(5)(vi) of this section.
D
A N
The written notice must inform the parties of any provision in the recipient’s code of conduct that prohibits knowingly making false statements or
knowingly submitting false information during the grievance process
R
GEvidence Collection S
N
I O
Testimony Text Messages T
Social Media
U Emails
L
Posts,etc
S O
R
E Photographs
Police Body
V
Surveillance Videos Camera
R I Footage
D
Swipe Records N
A Records
Medical
Phone Records
Audio
R Recordings
GAdvisor of Choice in the Investigation Process
S
N
I O
UT
L
S O
E R
IV
The advisor can be
R
Institutions cannot No training May not speak on
D
anyone, including place restrictions required. behalf of their
N
an attorney. on who can serve. advisee
RA
GS
N
I O
The Investigation: Sexual
UT
Misconduct Grievance
L
Procedures SO
E R
IV
R
D
05(a) A N
R
GS
N
Evidence collection
I O
UT
L
Investigator drafts a report
S O
Investigation R
Procedures V E
I
Draft report and evidence is shared with
R
both parties
D
A N Parties have 3 days to make corrections
R
and submit a written response that does
not exceed 5 pages
GS
N
I O
UT
L
O
The Investigation
S
E R
IV
Title IX Procedures
R
D
05(b) A N
R
GS
Procedural Requirements for Investigations
N
I O
UT
L
S O
E R
Notice TO BOTH Equal opportunity
IV
An advisor of Written notification Opportunity to Report
R
PARTIES to present evidence choice of meetings, etc., review ALL summarizing
and sufficient time evidence, and 10 relevant evidence
D
to prepare days to submit a and 10 day review
N
written response to of report prior to
the evidence prior hearing
A
to completion of
R
the report
GEvidence Review S
N
I O
U T
L
O
Parties must have equal opportunity to
S that is directly related to
inspect and review evidence obtained as part
R
of the investigation
E
V
the allegations raised in a formal complaint
R I
D 10 days to provide a written response
A N
R
GS
N
I O
“Directly Related” UTand
L
“Relevant Evidence”
S O
E R
IV
R
D
A N
R
GS
Regulations do not define “Directly Related”
N
•
Evidence
I O
• Preamble states it should be interpreted
Directly T
using its plain and ordinary meaning.
U
Related L
• Term is broader than:
S O
• “all relevant evidence” as otherwise
used in Title IX regulations, and
Evidence R• “any information that will be used
V E during informal and formal disciplinary
I
meetings and hearings” as used in Clery
R Act
D
• Includes evidence upon which the school
N
does not intend to rely in reaching a
A
determination regarding responsibility and
R
inculpatory or exculpatory evidence
G
whether obtained from a party or other
sourceS
The Department declines to define
N
“relevant”, indicating that term “should be
I O
interpreted using [its] plain and ordinary
T
meaning.”
“Relevant” L U
S O
See, e.g., Federal Rule of Evidence 401
Evidence R
Test for Relevant Evidence:
V E
R I “Evidence is relevant if:
D • (a) it has any tendency to make
N
a fact more or less probable
A
than it would be without the
R
evidence; and
G
• (b) the fact is of consequence in
determining the action.”S
Evidence That is Not “Relevant”
N
I O
UT
L
• “Questions and evidence about the complainant’s sexual predisposition or prior
sexual behavior are not relevant,
S O
• unless such questions and evidence about the complainant’s prior sexual
R
behavior are offered to prove that someone other than the respondent
E
committed the conduct alleged by the complainant, or
IV
• if the questions and evidence concern specific incidents of the complainant’s
R
prior sexual behavior with respect to the respondent and are offered to prove
consent.”
D
• “Require, allow, rely upon, or otherwise use questions or evidence that constitute,
N
or seek disclosure of, information protected under a legally recognized privilege,
A
unless the person holding such privilege has waived the privilege.”
R
• Physical and mental health records and attorney-client privileged communications
would fit within scope of this prohibition
GWho Decides? S
N
I O
U T
Department emphasizes repeatedly in PreambleLthat investigators have
discretion to determine relevance
S O
E R
• Subject to parties’ right to argue upon review of “directly related” evidence that certain
IV
information not included in investigative report is relevant and should be given more
Investigators will have to balanceRdiscretionary decisions not to
weight
summarize certain evidence D
A N in report against:
R
• Each party’s right to argue their case, and
G
• Fact that decisions regarding responsibility will be made at hearing, not investigation stageInvestigative Report and Review
S
N
I O
T
After reviewing and considering
comments on theUevidence, the
the
L a report that
summarizes S
O
investigator will generate
the relevant evidence.
E R
IV
R report will be shared with the
Dparties and they will have 10 more
That
A N days to comment
R
GS
N
I O
UT
L
The Hearing SO
E R
IV
R
D
06 A N
R
GS
N
I
At the conclusionO of the
U T
investigation, a hearing is
L to determine if the
S O
conducted
Respondent engaged in a
E R
violation of the sexual
IV misconduct policy.
R
D
A N The hearing procedures for
R each process are different.
GPurpose of the Hearing S Why does it
N
T IO matter?
L U
S O
Review and Make
E R Determine Determine
Assess Findings of IV Responsibility Sanction
Facts Fact R / Findings of and
D Responsibility Remedy
A N
R
GThe Essential Elements of All Hearings
S
N
I O
Clear Procedures
UT
L
Due/Fair Process
S O
Fair, Equitable, and Neutral
E R
IV
Consistency R
D
Trauma Informed
A N
R
G
Well Trained PersonnelS
N
I O
UT
L
The Hearing SO
E R
IV
R
Sexual Misconduct Grievance Procedures
D
06(a) A N
R
GPre-Hearing Submissions
S
N
I O
UT
L
Three days prior to the hearing the parties:
• List of witnesses they wish the Hearing Committee to call
S O
R
• copies of documents, and a description of any other information they propose to present
E
The Title IX Coordinator will provide each party with a copy of the list of witnesses and copies of
V
I
documents or other information submitted by each party. A party wishing to challenge the
R
admittance of evidence and/or witnesses must notify the Title IX Coordinator, in writing, at least
twenty-four (24) hours before the hearing date.
D
A N
The Hearing Committee will determine whether the challenge has merit, the relevance of any
R
proposed evidence, and whether to include or exclude certain types of evidence.
GHearing Procedures
S
N
I O
The Hearing Committee is comprised of 1-3 individuals.
UT
L
The parties have the right to choose to participate.
S O
E R
The Hearing Committee determines which witness they want to hear from, either live, or
IV
through a written statement.
R
D
Questioning is conducted by the Hearing Committee, only.
A N
The parties can submit questions to be asked of the other party and witnesses; those
R
questions are asked at the discretion of the committee.
G
Advisor can be present, but does not participate.Hearing Participants S
N
I O
Complainant
T
the person bringing the complaint
Respondent L U
O
the person against whom the complaint has been filed
Advisor S
R
May not participate in the process
V E
I
Witnesses present in the room only when answering questions
R
D
Hearing Chair coordinates all aspects of the hearing, ensures a fair and equitable hearing
process;
Decision-Maker
A N makes decision as to whether policy was violated
R
G
Hearing Facilitator assists with the logistical coordination of the people, the space, technology,
etc.The Decision Makers S
N
I O
UT
L
• Fact finders
S O
• Will question the parties
and the witness at the
E R
hearing
IV
1-3 people R
D
•
• They make the
determination of
A N
responsibility R
GThe Hearing Chair S
N
I O
UT
L
• Oversees the Process
S O
• Maintains
E R
V
order/decorum
• Supports the panel
R I
Where there is a panel,
D
N
•
the Chair will often take
R A
the lead in writing the
G
decisionThe Hearing Facilitator S
N
I O
• Provides administrative
UT
L
support to the DM
• Coordinates the
technology
S O
• Coordinates the
E R
schedule
IV
• Can be anyone, R
D
including the Title IX
Coordinator
A N
R
GHearing Advisors
S
N
I O
UT
L
O
• May not participate in the
hearing.
S
• No required
E R
V
Training/Qualifications
• Communicating their role
R I
• Enforcing their role
D
A N
R
GS
N
I O
UT
L
The Hearing SO
E R
IV
R
Title IX Grievance Procedures
D
06(b) A N
R
GProcedural Requirements for Hearings
S
N
Must be live, but can be conducted remotely
I O
UT
L
No Compelling participation
S O
Standard of proof used may be preponderance of the evidence or clear and convincing;
R
standard must be the same for student and employee matters
E
Cross examination must be permitted and must be conducted by advisor of choice or
V
provided by the institution
Decision maker determines relevancyR
I
D
of questions and evidence offered
A N
Exclusion of Evidence if no cross examination
R
G
Written decision must be issued that includes finding and sanctionHearing Participants S
N
I O
Complainant
T
the person bringing the complaint
Respondent L U
O
the person against whom the complaint has been filed
Advisor S
R
will conduct cross examination
V E
I
Witnesses present in the room only when answering questions
R
D
Hearing Chair coordinates all aspects of the hearing, ensures a fair and equitable hearing
process;
Decision-Maker
A N makes decision as to whether policy was violated
R
G
Hearing Facilitator assists with the logistical coordination of the people, the space, technology,
etc.The Decision Makers S
N
I O
UT
L
• Fact finders
S O
R
• Will question the parties
E
and the witness at the
hearing
IV
• Can be a single person, or
R
D
a panel
• Can not be Title IX
A N
Coordinator, investigator,
R
or appeal person
GThe Hearing Chair S
N
I O
• Oversees the Process
UT
• Maintains
L
order/decorum
Supports the panel S O
R
•
• Makes ruling
V E
• Must Be a Decision
Maker R I
D
•
A N
Where there is a panel,
the Chair will often take
R
the lead in writing the
decision GThe Hearing Facilitator S
N
I O
• Provides administrative
UT
L
support to the DM
• Coordinators the
technology
S O
• Coordinates the
E R
schedule
IV
• Can be anyone, R
D
including the Title IX
Coordinator
A N
R
GHearing Advisors
S
N
I O
• May not participate in the
UT
hearing, other than to
L
conduct cross examination.
No required S O
R
•
E
Training/Qualifications
The College cannot restrict
IV
R
•
who serves. It can be anyone,
D
including an attorney or a
witness
A N
•
R
Communicating their role
•
G
Enforcing their roleCross Examination S
N
Who does it? I O
UT
L
S O
E R
V
If party does not If party does not
Must be conducted
by the advisor R I
appear or does not
participate, advisor
have an advisor,
institution must
D
N
can appear and cross provide one
R A
GCross Examination S
N
Permissible Questions I O
UT
L
Questions must be relevant S O
E R
Not relevant
IV
• Duplicative questions
R
D
• Questions that attempt to elicit information about
N
• Complainant's prior sexual history
A
R
• Privileged information
G
• Mental healthCross Examination S
N
Role of the Decision Maker I O
UT
L
S O
E R
Rulings by Decision Maker required after each
IV
question is asked by the advisor
R
D
A N
• Explanation only required where question not permitted
R
GS
N
Exclusion of all statements
O
of that party
Cross
T I
Examination L U
Impact of S O
Not E R Exception- DOE Blog
Participating IV
R
D
A N What if a party or witness
R
appears, but does not
G
answer all questions?S in
What is Relevant at the Hearing and
the Final Determination N
I O
UT
L
O
The Decision Maker/Hearing Committee will make
S
determinations of relevancy during the hearing and in the
final determination, including:
Who
E R Relevancy of questions posed by the
Decides? IV
advisors during cross examination
R
D
Relevancy of information offered for
consideration
A N
R
What evidence is relevant to the
G
ultimate finding of responsibilityS
Evidence That is Not “Relevant”
N
I O
UT
L
• “Questions and evidence about the complainant’s sexual predisposition or prior
sexual behavior are not relevant,
S O
• unless such questions and evidence about the complainant’s prior sexual
R
behavior are offered to prove that someone other than the respondent
E
committed the conduct alleged by the complainant, or
IV
• if the questions and evidence concern specific incidents of the complainant’s
R
prior sexual behavior with respect to the respondent and are offered to prove
consent.”
D
• “Require, allow, rely upon, or otherwise use questions or evidence that constitute,
N
or seek disclosure of, information protected under a legally recognized privilege,
A
unless the person holding such privilege has waived the privilege.”
R
• Physical and mental health records and attorney-client privileged communications
would fit within scope of this prohibition
GAre the following
relevant? S
N
I O
UT
L
S O
• Character evidence
E R
• Polygraph examinations
IV
• SANE reports
R
• Past conduct of
D
N
complainant, respondent
R A
GS
N
I O
UT
L
S O
E R
Deliberations IV
R
D
A N
R
GEvaluating the Evidence
S
Is it relevant?
N
I O
Evidence is relevant if it has a tendency to make a material fact more or less likely to be true.
UT
L
Is it authentic?
O
Is the item what it purports to be?
S
R
Is it credible?
E
IV
Is it convincing?
IsR
D
it reliable?
N
Can you trust it or really on it?
R A
What weight, if any, should it be given?
G Weight is determined by the finder of fact!Weighing the Evidence & Making S A
N
Determination I O
T U
L
S O
1)
E R
Evaluate the relevant evidence collected to determine what
V
weight, if any, you will afford that item of evidence in your final
determination;
R I
2) Apply the standard of proof and the evidence to each element
D
of the alleged policy violation;
N
3) Make a determination as to whether or not there has been a
A
R
policy violation.
GPreponderance of the
Evidence N S
I O
UT
L
More likely than not
S O
Does not mean 100% true or
accurate
E R
IV
R
A finding of responsibility = A finding of not responsible =
There was sufficient reliable, There was not sufficient reliable,
D
credible evidence to support a credible evidence to support a
N
finding, by a preponderance of finding, by a preponderance of
the evidence, that the policy was the evidence, that the policy was
A
violated violated
R
GS
N
Sanctioning is I O
UT
Determined by •
L
the Student S O
Conduct E R •
Administrator R IV
D
•
A N •
R
GWritten Determination of Responsibility:
S
Sexual Misconduct Grievance Procedures
N
The allegations I O
T
•
• Findings of fact
L U
•
to the policy S O
Conclusion of application of facts
E R
Rationale for each allegation-
IV
•
Show your work!
R
D
Sanctions and Remedies
N
•
Procedure for appeal
•
R A
GWritten Determination of Responsibility:
Title IX Grievance Procedures S
N
The allegations I O
T
•
• Findings of fact
L U
• Procedural History
O
Conclusion of application ofS facts
•
to the policy E R
IV
•
Show your work!D
R
Rationale for each allegation-
•
A N
Sanctions and Remedies
R appeal
Procedure for
G
•S
N
I O
UT
L
Appeals S O
E R
IV
R
D
07 A N
R
GGrounds for Appeal: Sexual NS
IO
Misconduct Grievance Procedures
T
L U
(A) the Hearing Committee committed procedural errors that had a significant impact on
the outcome of the case;
S O
E R
(B) New evidence that was not reasonably available at the time of the
IV
hearing before the Hearing Committee
R
D
(C) the sanctions are not consistent with past practices or the severity of the alleged
N
Sexual Misconduct.
R A
GGrounds for Appeal: Title IXNS
Grievance Procedures IO T
L U
(A) Procedural irregularity that affected the outcome of the matter;
S O
R
(B) New evidence that was not reasonably available at the time the determination regarding
E
responsibility or dismissal was made, that could affect the outcome of the matter; and/or
IV
(C) The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or
R
bias for or against complainants or respondents generally or the individual complainant or
D
respondent that affected the outcome of the matter, and
N
(D) the sanctions are not consistent with past practices or the severity of the alleged Sexual
A
Misconduct
R
GAppeals
The Procedure S
N
I O
UT
L
S O
E R
IV
MUST BE FILED WITHIN RESPONSE FROM
RSUBMISSIONS MAY THREE-PERSON DETERMINATION
D
7 DAYS OF HEARING OTHER PARTY DUE NOT BE LONGER APPELLATE PANEL ISSUED IN WRITING
N
COMMITTEES WRITTEN WITHIN 7 DAYS THAN 5 PAGES
A
DETERMINATION
R
GS
Appellate Finding N
I O
UT
L
The Appeals Committee shall render its decision in writing promptly after review
O
of the materials provided. Should an Appeal Committee determine that one or
S
more of the criteria of a successful appeal has been met, that Committee shall:
R
• dismiss the finding;
• modify the finding; or
V E
I
• refer the matter to the appropriate hearing body for further review.
R
Once it has been determined that the appeal has been denied or modified, the
matter is concluded.
D
A N
R
GS
N
I O
The RequirementLUof
T
Impartiality SO
E R
IV
R
D
08 A N
R
GS
N
Final Rule
I O
§106.45(b)(1)(iii)
UT
L
O
The grievance process must
S
require that any individual
R
designated by the recipient as
E
Title IX Coordinator, investigator,
decision maker, or facilitator of
IV
R
informal resolution not to have
D
a conflict of interest or bias
A N
1. For or against complainants
R
or respondents generally, or
G
2. An individual complainant or
respondentS
Final Rule
N
§106.45(b)(1)(iii)
I O
UT
L
Title IX Coordinator, investigator,
O
decision maker, or facilitator of
S
informal resolution must receive
R
training on…how to serve
E
impartially, including avoiding
prejudgment of the facts at
IV
R
issue, conflict of interest, and
D
bias. This training material may
not rely on sex stereotypes and
A N
must promote impartial
R
investigations and adjudications
G
of formal complaints of sexual
harassment.Impermissible Bias S
N
I O
UT
L
O
S that is based on
Making a decision, determination, or finding
E R
IV
something other than the evidence and specific facts of the case.
R
D
A N
R
GS
N
What Constitutes Bias?
I O
U T
L sense
O
Fact specific, objective inquiry based in common
S
E R
V
Includes:
I
R in stereotypes
• Decision making that is grounded
D
N
• Different treatment based on a person sex or other protected
characteristic
R A
GS
N
I O
UT
L
S O
E R
IV
R
D
A N
R
GS
Avoiding Prejudgment
N
IO
of the Facts
T
L U
S O
R
Requires that the Title IX professional
E
V
refrain from making a judgement on
I
R individual facts, the allegations, or
D whether a policy violation occurred
A N until they have had the opportunity
R to consider all of the evidence.
GS
N
Not influenced by bias or conflicts of interest
I O
UT
Committed to decisions based on an objective
An L
consideration of all the facts and evidence
Impartial S O
Grievance E R
Reliable and accurate
IV
Process Is... R Legitimate
D
A N
R Truth-seeking
GQuestions?
Email Us Follow Us
info@grandriversolutions.com @GrandRiverSols
Chantelle@grandriversolutions.com Grand River Solutions©Grand River Solutions, Inc., 2021. Copyrighted material. Express permission to post training materials for those who attended a training provided by Grand River Solutions is granted to comply with 34 C.F.R. § 106.45(b)(10)(i)(D). These training materials are intended for use by licensees only. Use of this material for any other reason without permission is prohibited.
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