All University personnel involved in the resolution of sexual misconduct allegations receive annual Title IX and other appropriate training, including but not limited to, training on the University Sexual Misconduct Policy and Procedures and how to handle and resolve allegations of sexual misconduct; training on the dynamics of sexual and/or gender-based harassment, discrimination and violence; and trauma-informed training.
Gallaudet community members and third parties who believe they are directly affected by conduct of students or employees in violation of the Sexual Misconduct Policy may request information or advice, including whether certain conduct may violate this policy, seek informal resolution (remedies-based resolution), or make a formal complaint (discipline-based resolution). These options are described below. Gallaudet will also provide the reporting parties information and additional resources of the complainant's rights and options when addressing conduct that falls within the purview of this policy.
Individuals affected are encouraged to bring their concerns and report the conduct in violation of this policy to the Title IX Coordinator. Upon receipt of a report or actual notice, the University will generally proceed as described below. The procedures for handling allegations of sexual misconduct are generally similar for faculty, staff and students, and differ slightly in the panel membership composition and the routing of the appeal, to reflect the differing nature of each respondent's relationship to the University.
As part of the initial assessment of facts, the University will:
- address immediate physical safety and emotional well-being;
- notify the complainant of the right to contact law enforcement;
- notify the complainant of the right to seek medical treatment at the Washington Hospital Center (WHC);
- notify the complainant about resources available at the University and elsewhere that provide counseling and support;
- notify the complainant about the steps involved in pursuing informal, remedies-based resolution or formal, discipline- based resolution; and
- conduct an Initial Review (described below).
The Title IX Deputy Coordinator(s) or Title IX Investigator(s), hereinafter referred to as the Investigative Team, will consult further with the complainant to gather information and to discuss their interest in participating in an investigation. Ordinarily, the initial review will be concluded within one week of the date the allegation was received. Based on the information gathered from the initial review the Investigative Team will determine:
- whether the allegation(s), if true, would rise to the level of Prohibited Conduct and would constitute a violation of this policy such that an investigation is warranted, or
- whether the information warrants an administrative closure and/or referral (i.e. dismissal of the allegation or referral for adjudication in a different department, i.e. Human Resources, Equal Employment Officer, Office of Student Conduct, Academic Dean, etc.) if the alleged violation(s) or additional violations identified during the initial review are a Student Code of Conduct, Administrations and Operations Policy or other University violation not covered by this policy.
Upon approval by the Title IX Coordinator, the Investigative Team's determination will be shared with the complainant.
The complainant may request reconsideration of the decision to close a case administratively to the Title IX Coordinator within seven business days on the grounds that there is substantive and relevant new information that was not available at the time of the decision, or a significant procedural error occurred that may change the outcome of the decision. The Title IX Coordinator will consider requests for reconsideration and inform the complainant of the outcome in writing, ordinarily within one week of the date of the request.
In addition, this initial review will consider the nature of the report, the safety of the individual and the campus community, the complainant's expressed preference for resolution, and the necessity for any interim measures designed to eliminate the reported hostile environment and protect the parties involved, if they are reasonably available. Interim measures may be appropriate regardless of whether a formal complaint is sought by the complainant or the University or regardless of whether the complainant chooses to report the crime to campus police or local law enforcement in order to ensure the preservation of the complainant's educational or employment experience and the overall University environment.
The University will notify the parties about available interim measures and will ask the parties what measures are sought. Interim measures are individualized services offered as appropriate to either or both the complainant and respondent involved in the incident, prior to an investigation or while an investigation is pending. The University will determine which measures are appropriate for either or both parties on a case-by-case basis. Not all of the measures listed below are necessary or appropriate in every case. The University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct as appropriate and if such alternative arrangements are reasonably available, in order to ensure the student's or employee's safety and equal access to employment and/or educational programs and activities. Interim measures or alternative arrangements that may be implemented at any time may include, but are not limited to:
- voluntary access to counseling services and assistance in setting up the initial appointment;
- referral to health and/or victim services;
- education to the community;
- implementing contact limitations between the parties;
- referral to the Employee Assistance Program;
- limits on access to certain University facilities or activities;
- change in student's residence hall assignment;
- change in the employee's work or workspace assignment;
- course schedule alterations, adjustments to academic deadlines, or class reassignments, including the ability to transfer course sections or withdrawal from a course without penalty, and a change to independent study, if the option exists;
- change in work schedule or job assignment;
- voluntary leave of absence;
- interim suspension of the respondent from the University or University-imposed administrative leave; and
- any other remedy or action which would stop the prohibited conduct, prevent its recurrence, and redress its effects.
Any alternative arrangements or remedies issued will be maintained as private as possible to the extent that it will not impair the ability of University officials or individuals with authority to provide such arrangements or protective measures.
The University will seek action consistent with the complainant's request when possible. If the complainant requests confidentiality or asks that the report of sexual misconduct, intimate relationship violence, stalking, or other Prohibited Conduct not be pursued, the University will generally respect and follow the request. The Title IX Coordinator and/or the Investigative Team will still provide the complainant with resources and remedies, if reasonably available, in such instances. It should be noted that University has a dual obligation to provide a safe environment on campus and address and remedy discrimination under Title IX. The Investigative Team, in consultation with the Title IX Coordinator, will weigh the request for confidentiality against the need to provide a safe and non-discriminatory environment and determine whether the request for confidentiality will be followed or the investigation should nonetheless go forward. In some circumstances a request for confidentiality may mean an investigation cannot go forward or can be appropriately resolved without further investigation and without revealing the complainant's identity. In other circumstances the decision may be to go forward without the complainant.
If the Investigative Team determines that the allegation or report would, if substantiated, constitute a violation of this policy, the University may proceed with a remedies-based resolution that does not involve disciplinary action against a respondent, or may proceed with a discipline-based resolution by initiating an investigation to determine if disciplinary action is warranted. The Investigative Team may also determine that the allegation, even if substantiated, would not rise to the level of a policy violation, that there will be insufficient information to investigate the matter, or, after consultation with the complainant about the complainant's preferences regarding participation, may administratively close or dismiss the complaint. The Investigative Team may also determine that the allegation is outside the scope of this policy and refer the allegation to another office for review. The Investigative Team also reserves the authority to pursue any additional potential violations of University policy that have been identified through the investigation and will determine whether such allegations are within the scope of this policy or will be considered in another University process.
Each resolution process is guided by the same principles of fairness and respect for all parties, through a process that protects the rights of both the complainant and the respondent. Each party will have similar, timely access to information, and equal opportunity to identify relevant witnesses and relevant information.
INTERIM SUSPENSION OR ADMINISTRATIVE LEAVE
When the report of sexual misconduct poses a substantial and immediate threat of harm to the safety or well-being of an individual, members of the community, or the performance of normal University functions, the University, in consultation with the Title IX Coordinator, may impose an interim suspension or administrative leave. The University may place a student or student organization on interim suspension, and employees may be placed on administrative leave or suspended indefinitely, depending on their employment classification, pending the resolution of the case. In all cases in which an interim suspension or administrative leave is imposed, the student, employee, or student organization will be given the option to meet with the appropriate administrator (divisional Vice President, Provost, or Dean of Student Affairs) prior to such suspension or leave being imposed, or as soon thereafter as reasonably possible, to show cause for why the suspension or leave should not be implemented. The divisional Vice President, Provost, Dean of Student Affairs or their designee has the sole discretion to implement or stay an interim suspension or administrative leave, and to determine its conditions and duration. Pending the resolution of the case the individual or organization may be denied access to campus premises and University sponsored activities or events on and off campus, or all other University activities or privileges for which the student or employee might otherwise be eligible, as the University determines appropriate. In such instances, students and/or employees will be permitted on campus only for meetings related to their case at the specific dates and times as arranged with the Title IX Coordinator or the Investigative Team. When an interim suspension or administrative leave is imposed, the University will make reasonable efforts to complete the investigation and resolution as soon as possible. At the discretion of the appropriate administrative officer or Academic Dean, alternative coursework options or employee responsibilities may be pursued to ensure as minimal an impact as possible on the respondent.
The remedies-based resolution is designed to eliminate a hostile environment without taking disciplinary action against the respondent. The University recognizes that in some limited circumstances remedies-based resolution may be an appropriate means of addressing some behaviors reported under this policy. Mediation is never appropriate in sexual assault cases. A remedies-based resolution may also be an option for complainants or third parties who are seeking confidentiality or for those whom pursuing formal disciplinary action may be a barrier to reporting or moving forward. Complainants may make a request, either verbally or in writing, for informal resolution to the Investigative Team. Participation by the complainant and respondent in informal, remedies-based resolution is voluntary and either party can withdraw from participating at any time and initiate the formal process. The request should identify the alleged harasser (if known) and describe the allegation with specificity. The Investigative Team will assess the severity of the alleged harassment or misconduct and the potential risk of a hostile environment for others in the community in order to determine whether informal resolution may be appropriate.
Upon determining that informal resolution is appropriate, the Investigative Team will consult further with the complainant, inform the respondent, and gather additional relevant information as necessary from the parties and others to the extent necessary. Interim measures may be put in place at any time. The Investigative Team will attempt to aid the parties in finding a mutually acceptable resolution. The complainant is not required to resolve the problem directly with the respondent. The University may offer mediation or other restorative justice approaches for appropriate cases (mediation, even if voluntary, may not be used in cases involving sexual assault or when violent behavior is involved). In every instance the University will not compel a complainant to engage in such mediation or any particular form of informal resolution/remedies-based resolution. Participating parties must have voluntarily elected to pursue informal resolution process without pressure or compulsion from others and will be advised that they can withdraw from the process at any time. In addition, the respondent must acknowledge the substance of the underlying events and that the complainant and/or other affected parties have reported experiencing harm as a result.
The resolution will be deemed satisfactorily resolved when both parties expressly agree to an outcome that is also acceptable to the Investigative Team. At any point prior to such an expressed agreement in writing the parties may request to end the informal resolution.
The informal, remedies-based resolution will ordinarily be concluded within three weeks of the date of the request. Circumstances that may extend this timeline are further described under "Time Frames" in this policy.
Once the informal, remedies-based resolution is concluded the matter will be considered closed nor can a formal resolution be requested. The agreed upon outcome between the parties is not appealable. The Investigative Team will maintain records of all reports and conduct referred for informal, remedies-based resolution. The University will take immediate and corrective action through the imposition of individual and community remedies designed to address the parties access to the educational, extracurricular and employment activities at the University and to eliminate a hostile environment. Non-compliance of the agreed upon outcome may result in an allegation of non-compliance with a University decision.
Initiating a Discipline-Based Resolution Complaint
A complainant may request a formal complaint of an alleged violation of this policy by a member of the University community through a formal, discipline-based resolution process, to the Investigative Team. The formal complaint should be in writing, signed and dated (video statements are also acceptable). It should state the name of the responding party, if known, and describe with reasonable specificity the incident(s) of alleged violation(s) of this policy, including the date and place of such incident(s). The statement should provide as much information as possible about the facts surrounding the alleged sexual misconduct incident(s). The complaint must be in the complainant's own words, and may not be authored by others, including family members, advisors, attorneys, or other students, except in instances where assistance is needed for a disabilities-related reason. In lieu of a formal written complaint the complainant may make a signed statement to the Investigative Team. The signed statement will be summarized and the complainant will have the opportunity to review the formal complaint document before signing and dating the complaint. The complaint should also include sources of information (witnesses, correspondence, text messages or other written records, etc.), if available, that the complainant believes may be relevant to the investigation.
The University may not investigate a new complaint if it has already adjudicated a formal complaint based on the same circumstances or if the parties and the University have already agreed to an informal, remedies-based resolution based on the same circumstances.
When the initial review concludes that an investigation is warranted and disciplinary action may be appropriate, the Investigative Team will notify the respondent in writing of the allegations and identify the complainant*. The letter will include sufficient details of the allegation(s) constituting the specific policy violation(s) that are alleged to have taken place. The Investigative Team will implement interim measures or accommodations, which may be applied to the complainant and/or the respondent to the extent reasonably available and warranted by the circumstances, as outlined in the "Initial Review" section. The respondent will have five (5) business days to submit a written statement, signed and dated (video signed statements are also acceptable), in response to the allegations. The respondent will not be allowed to see the complainant's statement until after the respondent has already made a statement in response. The statement must be in the respondent's own words, and may not be authored by others, including family members, advisors, attorneys, or other students, except in instances where assistance is needed for a disabilities-related reason. In lieu of a formal written statement in response to the allegation the respondent may make a verbal and/or signed statement to the Investigative Team. The verbal and/or signed statement will be summarized and the respondent will have the opportunity to review the document before signing and dating it. Attached to the statement should be a list of all sources of information (witnesses, correspondence, text messages or other written records, etc.), if available, that the respondent believes may be relevant to the investigation.
The University has the discretion to consolidate multiple reports against a respondent into one investigation if the information related to each incident would be relevant and probative in reaching a determination on the other incident.
The Investigative Team will request individual interviews with the complainant and the respondent, and, as appropriate, with relevant witnesses, which may include those identified by the parties, by the University, or others. When identifying potential witnesses, the parties should understand that the purpose of interviews is to gather and assess information about the alleged incident(s) at issue. Witnesses must have observed the acts in question or have information relevant to the incident and cannot participate solely to speak about an individual's character. The Investigative Team will also gather any available and relevant information, as appropriate. The complainant and the respondent will have an equal opportunity to be heard, to submit information including questions to ask the other party, and to identify witnesses who may have relevant information. The Investigative Team may request individual follow-up interviews with the complainant and respondent to give each an opportunity to respond to the additional information gathered during the investigation. The Investigative Team will determine whether the issues raised and/or documents presented are relevant to the alleged conduct. The Investigative Team has the right to deny questions from either party that are not relevant or inappropriate, such as a question about the prior sexual history with individuals other than the complainant or respondent, or either party's character or reputation, for example.
*If the decision is made to begin an investigation in a case where the complainant is unwilling or unable to participate but the University has assessed the severity of the harassment and potential risk for a hostile environment for others in the community and has determined to proceed, then, for the purpose of these procedures, the University will be considered the complainant.
Preliminary Investigation Report, Investigation Conclusion, and Final Investigation Report
At the conclusion of the investigation, the Investigative Team will prepare a preliminary investigation report that summarizes the information gathered and synthesizes the areas of agreement and disagreement between the parties, and any relevant supporting information or accounts. The Investigative Team will not assess or offer an opinion on the credibility of any individual in the preliminary investigation report. Before the preliminary investigation report is finalized, the complainant and the respondent will have the opportunity to inspect and review the report, including their own statements, statements of the other party and any witnesses, and a summary of other relevant information collected during the investigation. The complainant and respondent may submit any additional comment or information to the Investigative Team within five (5) business days of the opportunity to review the relevant portions of the report. An individual inspecting and reviewing information or documents through this process has the responsibility of maintaining the privacy of this information.
Upon receipt of any additional information by the complainant and respondent, or after the five (5) business day comment period has lapsed without comment, the Investigative Team will consider any additional comment or information, and submit their final investigation report to the Title IX Coordinator. The final investigation report will including the complainant and respondent's statement(s), statements of the other party and any witnesses, and a summary of other relevant information collected during the investigation; the report will not contain the Investigative Team's opinions regarding the respondent's responsibility for any violation of the prohibited conduct, and any conclusions regarding the credibility of any individual participating in the process. The final investigation report, including any response, objections, or comments provided by the complainant or respondent, will serve as the primary information for the panel to review.
Panel Review for Outcome Determination
The Title IX Coordinator will share the final investigation report with a decision-making panel that will make the outcome determination. Panelists will be selected from a pool of University administrators, faculty and staff, all of whom have been specially trained on at least an annual basis on the Sexual Misconduct Policy and Procedures and on topics relevant to the adjudication of sexual misconduct allegations. The Title IX Coordinator will appoint a three-person panel along with a non-voting panel chair from the pool of panelists, and will ensure that the panel members should not be from departments in which either party is employed or enrolled in a course of study, or has a mentoring relationship or other personal relationship with either of the parties. The panel membership composition that reviews the final investigative report will vary based upon the responding party's role/relationship with the University. No member of the pool may be a practicing attorney.
The identities of the panel members will be communicated to the complainant and respondent. Either party has the right to raise any concerns they may have regarding the panel membership composition and submit a written request to the Title IX Coordinator that contains the grounds to support a claim of a panel member's bias, conflict of interest, or an inability to be fair and impartial, within three (3) business days after being informed of the panel membership composition. The Title IX Coordinator may choose another trained panel member in place of the original panelist. Decisions regarding the composition of the panel are made at the sole discretion of the Title IX Coordinator.
If the respondent is a member of the University faculty, the panel membership composition will include two faculty and one staff, and a non-voting panel chair. If the respondent is a member of the University staff, the panel membership composition will include two staff and one faculty, and a non-voting panel chair. If the respondent is a student, the panel membership composition will include a mixture of faculty and staff, and a non-voting panel chair. In every panel every effort will be made to ensure that panels are diverse in terms of race, gender, and hearing status.
Panel Review Process
The panel's review will be limited to the final report submitted by the Investigative Team. The purpose of the review is not to re-investigate the case and re-interview all parties involved, as persons involved in the case should have already provided all relevant information to the Investigative Team. The panel, at its discretion, will determine what information is relevant to the alleged conduct and to the determination of responsibility. The panel may contact the Title IX Coordinator and/or the Investigative Team for clarification of any issue or procedure at any time during the review process.
Panel Outcome Determination
The panel will make a determination, by a majority decision, on whether the respondent violated University policy. The outcome determination will be one of the following findings:
- the respondent is responsible for violating this policy;
- the respondent is not responsible for violating this policy; or
- there is insufficient information to determine whether the respondent is responsible for violating this policy.
All outcome determinations will be based on the preponderance of the evidence standard, meaning it is more likely than not that this policy was violated. The panel's outcome determination, which is shared with the Title IX Coordinator, will include the panel's rationale for the decision. If the respondent is not responsible for violating this policy the Title IX Coordinator will inform the complainant and respondent of the panel's decision simultaneously, usually within five business days after receipt of the outcome determination. The letter to each party will include the rationale for the outcome determination. The letter will also set forth each party's appeal rights, including the time frame for submitting an appeal. More information about the appeal procedures are described below.
If the respondent is responsible for violating this policy the appropriate senior administrator (based on the respondent's role with the University), in consultation with the Title IX Coordinator, will make the determination of the most appropriate sanction(s). Sanction(s) imposed are designed to eliminate the misconduct, prevent its recurrence, and remedy its effects. Sanctions may also serve to promote safety or deter individuals from similar future behavior.
The complainant and respondent may submit an impact statement (written or signed) and/or a statement (written or signed) reflecting their views about suitable sanctions, for consideration to the senior administrator within five (5) business days after receipt of the letter from the Title IX Coordinator containing the panel outcome determination. Neither party is required to do so. Such statements by the complainant and/or respondent may not introduce new facts that could have been presented to the Investigative Team. The statements will not be considered in the determination of responsibility, but will be considered by the senior administrator in the determination of the sanction(s) and remedy. Upon receipt of any statements by the complainant and/or respondent, or after the five business days impact statement period has lapsed without comment, the senior administrator, in consultation with the Title IX Coordinator, will make the determination of the sanction and remedy, if the respondent is found responsible for the violation(s) of this policy.
The senior administrator is required to consider suspending or expelling a student, or terminating the employment of any employee found responsible for sexual misconduct. The senior administrator will be guided by a number of considerations, including the nature of the conduct as issue; the impact of the conduct on the complainant and the University community; whether the respondent has accepted or not accepted responsibility for the conduct; the maintenance of a safe and respectful environment conducive to learning; the necessity for specific action in order to eliminate the prohibited conduct, prevent its recurrence, and remedy its effects on the complainant and the University community, and other appropriate considerations. A respondent's disciplinary history and prior record may be considered a factor for more severe sanctions, if appropriate. The Title IX Coordinator will share relevant disciplinary history and prior record to the senior administrator. If, in the past, a respondent was found to have violated the Sexual Misconduct Policy, the information related to the past violation may be considered by the senior administrator if:
- the previous violation was substantially similar to the present allegation; and
- the previous violation indicates a pattern of behavior and substantial conformity with that pattern by the respondent.
The senior administrator will strive to determine the appropriate sanction(s) within seven (7) days after receipt of the impact statements, if any, and the parties will simultaneously be informed of the sanction(s) in writing. The letter will also set forth each party's appeal rights, including the time frame for submitting an appeal. The Deputy Title IX Coordinators, in consultation with the Title IX Coordinator, will be responsible for ensuring that any sanctions imposed in the final decision are implemented and completed.
The University neither encourages nor discourages the subsequent disclosure or sharing of the written notification by either person. The imposition of sanctions, if issued, will take effect immediately and will not be stayed pending the resolution of the appeal unless the appeal officer decides to delay its implementation, pending the outcome of the appeal.
Both parties have equal rights to an impartial appeal and to participate equally in the appeal process, even if the party is not the appealing party. Either party may appeal the outcome determination and/or the sanctions imposed to an appeal officer identified by the Title IX Coordinator. Appeal officers are specially trained in their roles related to the adjudication of sexual misconduct allegations, and receive annual training on the Sexual Misconduct Policy and Procedures as well as on topics relevant to the adjudication of sexual misconduct allegations. The appeal officer selected to review an appeal will vary based upon the respondent's role/relationship with the University. The Provost (and the FAC Committee, if applicable – refer to the Title IX Faculty Procedures for Severe Sanctions in the Faculty Handbook) will handle faculty appeals; the appropriate staff divisional senior administrator or Provost (or their designee) will handle staff appeals; and the Dean of Student Affairs (or their designee) will handle student appeals. The appeal officer must be impartial and free from bias or conflict of interest; otherwise they must rescue themselves from the appeal process. In such instances the Title IX Coordinator will identify an alternate appeal officer.
The purpose of the appeal is not to initiate a review of substantive issues of fact, or a new determination of whether a violation of University rules has occurred. Dissatisfaction with the outcome determination is not grounds for appeal. In any request for an appeal, the burden of proof lies with the party requesting the appeal. The appeal to the appeals officer (or their designee) must be in writing or video, and submitted within seven (7) business days of the date of the letter based on the following grounds:
- a procedural error occurred which resulted in an unfair outcome. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results;
- there is new or newly discovered information that could not have been produced during the investigation that may change the outcome of the decision. In order for the Appeal Officer (or their designee) to consider new information sufficient to alter a decision, or other relevant facts not brought out during this process, such information and/or facts must not have been known at the time of the investigation or sanctioning process by the appellant; and/or
- the sanction imposed was excessive or insufficient and not appropriate for the violation.
The review of the appeal will be narrowly tailored to the above stated appeal grounds. The appeal must provide a rationale for the appeal and adequate information, including documentation, in support of the grounds for appeal. The appeals officer will provide a copy of the written appeal and any supporting documentation to the other party, and the other party may submit a written response on the appeal within seven business days of the date the appeal information was received. A copy of other party's response will be sent to the appealing party as well.
The appeals officer will consider the merits of an appeal only on the basis of the three available grounds of appeal. The appeals officer will first consider whether an appeal was timely filed and if so, whether the appeal is properly framed on the three appeal grounds. If the appeal officer determines that the appeal does not properly fit within one of the three grounds, the appeal will be denied.
Except as required to explain the basis of new or newly discovered information that was unavailable during the investigation, the review of the appeal will be limited to the written investigation report and all supporting documents. The appeals officer may consult with the Title IX Coordinator, the Investigative Team, and/or the non-voting Panel Chair in making the appeal determination. The appeal officer has the authority to determine the relevance, strength, and value of the information provided, and/or the appropriateness of the sanction(s) issued.
The appeals officer can affirm the outcome, alter the outcome, and/or alter the sanctions, depending on the basis of the requested appeal. If the appeal is based on a procedural error and the appeal officer determines that the deviation from designated procedures results in significant unfairness, the appeals officer may return the report to the Investigative Team with instructions to reconvene to address the procedural error. It may result in the continuance of the investigation and a modification of the Investigation Team's preliminary investigative report. In such instances the Investigative Team's modified investigation report will be shared with both parties, and the parties may submit any additional comment or information to the Investigative Team within five (5) business days of the opportunity to review the new findings before the final report is shared to the Title IX Coordinator. Upon receipt of the modified final report from the Title IX Coordinator the panel will assess the weight and effect of the revised final report in order to determine whether the revisions would impact their original outcome determination. If the panel determines that the revised final report does not impact their original outcome determination, the decision will be shared with the Title IX Coordinator and appeals officer. If the panel determines that the revised final report sufficiently impacts their original outcome determination, the panel will make a new outcome determination to the Title IX Coordinator, who will then share the revised outcome determination with the complainant and respondent. The appropriate senior administrator who handled the initial sanctions will also receive a copy of the revised outcome determination in order to determine if any revisions in the sanction(s) are appropriate, if applicable. Both parties retain their right to appeal the revised outcome determination and/or sanctions in accordance to the same appeal procedures outlined above.
For appeals based on new or newly discovered information, the appeal officer can recommend that the case be returned to the Investigative Team to investigate further, if it can be verified that the new or newly discovered information was unavailable prior to the outcome determination by the panel, and that the new information could possibly alter the outcome of the complaint. At the Investigative Team's discretion, additional investigation of the new information can be requested. The Investigative Team's written report of their findings solely related to the new or newly discovered information will be shared with both parties, and the parties may submit any additional comment or information to the Investigative Team within five (5) business days of the opportunity to review the new findings before the revised investigative report is shared to the panel. The panel will assess the weight and effect of the new information in order to determine whether the information would impact their original outcome determination. If the panel determines that the new information does not impact their original outcome determination the decision will be shared with the Title IX Coordinator and appeals officer. If the panel determines that the new information sufficiently impacts their original outcome determination, the panel will make a new outcome determination and inform the Title IX Coordinator, who will then share the revised outcome determination and any revisions in the sanctions, if applicable, with the complainant and respondent. Both parties retain their right to appeal the revised outcome determination and/or sanctions in accordance to the same appeal procedures outlined above.
For appeals on the grounds that the sanction imposed was excessive or insufficient, the appeal officer can request additional information from the Title IX Coordinator prior to making a final determination.
Ordinarily the appeals officer will strive to complete the review of the appeal within twenty (20) days from the date of the submission of all appeal documents by either or both parties, and the parties will simultaneously be informed of the outcome in writing. In the event the appeals process exceeds the twenty (20) day time frame, the appeals officer will advise the parties in writing of the delay and provide additional information regarding the revised timeline. The decision of the appeals officer is final; no administrative process otherwise available to faculty, staff or students may be used to further appeal the appeal decision.
DISCIPLINARY SANCTIONS AND REMEDIES
Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the University reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The University will consider the concerns and rights of both the complainant and the respondent. The disciplinary action should be consistent with the severity of the offense. Sanctions may include educational, restorative, rehabilitative and/or punitive components. Attempts to commit acts prohibited by the Sexual Misconduct Policy may be disciplined to the same extent as completed violations. Sanctions are considered to be effective immediately upon receipt of the decision by the Title IX Coordinator. The respondent may request in writing to the appropriate appeal officer a postponement of the effective date of the sanction prior to the appeal deadline and/or while an appeal is under consideration. At the discretion of the appropriate appeal officer, all or some of the sanctions may be suspended pending the receipt of an appeal by the stated deadline or final appeal decision by the appeal officer.
Sanctions Applicable to Students
The following sanctions may be imposed for violations of the Sexual Misconduct Policy. The panel may recommend other sanctions instead of or in addition to those specified below, as deemed appropriate.
- Disciplinary Reprimand - written notification to respondents that they have violated a University rule or policy and that subsequent wrongful conduct will not be tolerated and may result in severe disciplinary action.
- Rehabilitative Probation - a period of time, not to exceed one year, during which respondents are required to control questionable behavior. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the respondents are found to be violating any institutional regulation(s) during the probationary period.
- Discretionary Sanctions - work assignments, essays, educational projects, attendance at sexual assault, intimate relationship violence, and/or stalking awareness or related workshops or training, participation in online sexual assault modules, intimate relationship violence, and/or stalking awareness or related courses, service to Gallaudet University, prohibition from hosting an event including alcohol on- or off-campus, or other discretionary assignments.
- Restitution - reimbursement for damages to or misappropriation of property and/or compensation for injury. This may take the form of appropriate service and/or monetary or material replacement.
- Disciplinary Probation - a specified period during which respondents have the opportunity to prove that they can uphold University rules and policies. It may exclude respondents from participation in privileged and/or extracurricular activities, or paraprofessional employment at the University, as set forth in the notice for the specified period of time. Respondents found responsible for violations involving alcohol and other drugs will be referred to the alcohol and other drugs educational programs and counseling offered by the University. Failure to attend will lead to an allegation of non-compliance with a University decision. The terms imply that violation of any provision in the Student Code of Conduct would be viewed not only as a violation of the regulation itself, but also as a violation of the probation and would most likely result in their suspension from the University.
- Residence Hall Suspension - a separation from the residence halls for a definite period of time after which respondents are eligible to return. The respondents will be required to depart the residence halls within 72 hours or otherwise as specified by University administration. As part of the sanction, suspension does not result in a prorated room refund according to University policy. A ban from access to the residence halls may also be imposed.
- Deferred Residence Hall Suspension - a suspension that becomes effective after a specified date. This action may be appropriate near the end of the semester to avoid financial and housing hardships that an immediate suspension often entails. A ban from access to the residence halls may also be imposed.
- Residence Hall Expulsion - permanent separation from residing in the residence halls. A ban from access to the residence halls will also be imposed.
- Loss of Off-Campus Housing Privileges - the loss of the privilege to live off-campus for a specific period of time. The sanction stipulates that the respondent must have a housing assignment on campus in order to maintain student status.
- Access Restriction - prohibition from entering certain buildings or the residence halls for any reason. Failure to comply with the terms would result in the person being removed from the premises and an allegation for violating this regulation will be made.
- University Suspension - the immediate removal of the privilege to attend Gallaudet University for a defined minimum period of time. The suspended respondent will be placed on persona non grata status indefinitely (see definition below). In cases adjudicated prior to the last day of classes, if the final decision is a suspension (or expulsion) from the University the respondents will not earn credit for the semester in which the infraction occurred in most instances. University suspensions may include conditions for readmission. At the end of the suspension, respondents may apply for readmission as long as certain conditions imposed for readmission, if any, have been satisfied. Respondents is expected to inform the vocational rehabilitation counselor or other agencies through which financial assistance is received. As part of the sanction, a suspension does not result in a prorated room refund according to University policy. The respondent's access to email, Blackboard, BISON, and/or other technological resources and access privileges previously issued by the University will be removed. A denial of service notation will be placed in the student's record that would limit the suspended respondent's ability to obtain a transcript and/or other privileges available for students (Counseling and Psychological Services, Career Center services, etc.).
- Expulsion - permanent dismissal from Gallaudet University. As part of the sanction, expulsion does not result in a prorated room refund according to University policy. The sanction of expulsion includes the same conditions and limitations as defined under the University Suspension sanction.
- Persona Non Grata - prohibition from entering campus premises and attending all University-sponsored activities on- and off-campus for any reason. Failure to comply with the terms would result in the respondent being removed from the premises by the Department of Public Safety and/or being charged in D.C. with criminal trespass.
- Community Service - work assignments may be a part of a disciplinary probation or may be imposed as an independent sanction. Community service hours completed will not count towards fulfilling the respondent's community service requirements for graduation or student organizations (including fraternities and sororities). If the respondents do not complete the community service assignment by the assigned completion date, an allegation of non-compliance of a University decision will result.
- Organizational Sanctions - sanctions imposed to a student organization that may range from a disciplinary reprimand to the permanent revocation of organizational registration. A complete list of organizational sanctions can be found under the "disciplinary sanctions" section of the Hearing Procedures for Student Organizations.
Sanctions Applicable to Faculty and Staff
The following sanctions may be imposed for violations of the Sexual Misconduct Policy. The panel may recommend other sanctions instead of or in addition to those specified below, as deemed appropriate.
- Disciplinary Reprimand - written notification to employees that they have violated a University rule or policy and that subsequent wrongful conduct will not be tolerated and may result in severe disciplinary action.
- Censure - a written reprimand for violating employee standards or other University policy. It may specify that an employee's good standing with the University may be in jeopardy. The individual is officially warned that continuation or repetition of prohibited conduct may be cause for additional conduct action including probation, suspension or termination from the University.
- Training and Education - a requirement that the employee receive specific training within a designated time period and at their own expense to prevent further misconduct, discrimination or harassment. Failure to submit documentation of completion of training within the specific time period may lead to further disciplinary action.
- Disciplinary Probation - an exclusion from participation in specified or voluntary activities that are not related to core job responsibilities for a specific period of time. Additional restrictions or conditions may also be imposed. Violations of the terms of disciplinary probation or any other University policy may result in further disciplinary action.
- Loss of Oversight, Teaching, or Supervisory Responsibility - removal of an employee from specific job responsibilities with or without a job title change.
- Demotion - a reduction in rank, status or job title within the University.
- Access Restriction - prohibition from entering certain buildings or the residence halls for any reason. Failure to comply with the terms would result in the person being removed from the premises and an allegation for violating this regulation will be made.
- Restitution - reimbursement for damages to or misappropriation of property and/or compensation for injury. This may take the form of appropriate service and/or monetary or material replacement.
- Suspension - removal from some or all duties, with or without pay, for a specific period of time, with or without pay. Notice of this action will remain in the employment record. Conditions for return to work may be specified in the suspension notice.
- Termination - permanent separation of the employee from the University (termination of contract for contractors).
Sanctions or corrective actions may also be imposed in accordance with relevant policies and/or procedures and other requirements set forth in the Administrations and Operations Manual, Faculty Handbook, Supervisor's Handbook, and other policies or handbooks that may be developed over time, or contracts.
ADDITIONAL INFORMATION OR PROCEDURES APPLICABLE TO INFORMAL OR FORMAL RESOLUTION PROCEDURES
Integrity of Procedures
These procedures are entirely administrative in nature and are not legal proceedings. Neither party (the complainant or respondent) may audio or video record the proceedings, nor are attorneys allowed to participate except as outlined in the "Advisors" section of this policy. The complainant and respondent will be allowed to review documentary information that is part of the case file but will not be provided with copies of such information in order to preserve the integrity and confidentiality of the process. At the Investigative Team's discretion, any person other than the complainant or respondent that disrupts the process may be dismissed from further participation in the proceedings.
The complainant and respondent may be accompanied by an advisor of their choice or may choose to proceed without an advisor during the entirety of this process. Advisors may not be persons involved in the matter or process (for example, as a complainant, respondent, or witness) and cannot speak on behalf of the advisee. The University prohibits outside attorneys, or family members acting as attorneys, from participating in proceedings under this policy in any manner other than the role of advisor.
Advisors may assist a complainant or respondent with understanding the University procedures for handling sexual misconduct allegations and preparing for interviews and meetings, attend interviews and meetings, and otherwise assist and support the complainant or respondent as they move through the process. Advisors may view a redacted version of the allegations or other documents shown to their advisee, once the appropriate consent form that authorizes such sharing is received. Advisors are expected to maintain the privacy of the records shared with them. Information from these records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the University. The University reserves the right to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the University's privacy expectations.
The complainant and respondent are expected to present their own information, ask and/or respond to questions on their own behalf, without representation by their advisor. The advisor may not make a presentation or represent the complainant or respondent at any time or otherwise delay, disrupt, or interfere with any meeting or proceeding during the resolution process. The advisor may consult with their advisee quietly or in writing, or outside during breaks, but may not speak on behalf of the advisee.
A student, faculty or staff should select an advisor whose schedule allows attendance at scheduled meetings, as the University must resolve the complaint within the stated time frames of the process. Delays will not be considered due to the scheduling conflicts of an advisor. The University has the right at all times to determine what constitutes appropriate behavior on the part of the advisor. Any advisor who steps outside of this defined role for advisors will be given a warning, and a subsequent violation will result in the advisor being removed from further participation by the University official directly involved in the process at that time.
The University will, at all times, communicate and correspond directly with the complainant and respondent. If a complainant or respondent has an advisor it is their responsibility to communicate and share information with their advisor. Advisors may be copied on email or written correspondence sent to the complainant and/or respondent, once consent is obtained in writing permitting the release of such information.
The complainant and respondent may also be accompanied by a support person of their choice or may choose to proceed without a support person during the entirety of this process. Support persons may not be persons involved in the matter or process (for example, as a complainant, respondent or witness) and cannot speak on behalf of the advisee. A support person is one who can provide emotional, logistical or other kinds of assistance.
Like advisors, a support person is a silent and non-participating presence, but unlike advisors, a support person is there solely to observe and provide moral support at any time during the entirety of this process. While the support person may be present to hear testimony from the individual receiving the moral support, no written materials, including redacted versions of the allegations or other documents, will be shared with the support person.
Support persons are expected to maintain the privacy of the information shared during the process. The complainant or respondent should select a support person whose schedule allows attendance at scheduled meetings, as the University must resolve the complaint within the stated time frames of the process. Delays will not be considered due to the scheduling conflicts of a support person. The University has the right at all times to determine what constitutes appropriate behavior on the part of the support person. Any support person who steps outside of this defined role for support persons will be given a warning, and a subsequent violation will result in the support person being removed from further participation by the University official directly involved in the process at that time.
Prior Sexual History
In general, a complainant's or respondent's prior sexual history or reputation with other individuals is not relevant and will not be considered as relevant information during an investigation. When there is a current or ongoing relationship between the complainant and the respondent, and the respondent alleges consent, the prior sexual history between the parties may be relevant to assess the manner and nature of sexual communications between the parties. The mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent or preclude a finding of sexual misconduct.
Prior or Subsequent Conduct of the Respondent
A respondent's prior or subsequent conduct may be considered for other purposes, such as determining pattern, knowledge, intent, or the respondent's rationale for taking certain actions either before or after the incident in question. A determination of relevance of whether of a pattern of previous or subsequent conduct from a different incident is substantially similar to the conduct under investigation or indicates a pattern of similar prohibitive conduct may be considered as well. The Investigative Team will determine the relevance of the information and both parties will be informed if the information of prior or subsequent conduct is deemed relevant.
Withdrawal of Complaint
If a complainant wishes to withdraw a complaint prior to the conclusion of the investigation, they may provide the Investigative Team a letter of their desire to do so. Except for extenuating circumstances, a complaint that has been withdrawn cannot be filed again by the complainant within this process. The University, however, reserves the right to move forward with a disciplinary complaint even if the complainant has withdrawn the complaint, in order to provide a safe and non-discriminatory environment. In such instances, the University will become the complainant, and all relevant information gathered prior to the withdrawal of the complaint will still be available to the Investigative Team. Other circumstances may also result in the University's declining a request to withdraw the complaint where, for example, a request to withdraw is made after a significant portion of the investigation has been completed, and terminating the investigation would be inequitable.
If the University chooses to move forward with the investigation without the original complainant's participation, the original complainant will still be informed of the outcome determination (and any sanctions, if applicable) by the Title IX Coordinator. However, since the University is the complainant in this instance the original complainant has no right to appeal. If the University does not choose to move forward, the withdrawal of the complaint will end the formal resolution process for that complaint.
Withdrawal or Resignation of the Respondent from the University
If a respondent withdraws from the University or submits a letter of resignation from a faculty or staff position at any time during the investigation prior to the outcome determination or declines to participate in the proceedings, the matter will be resolved with or without the respondent's input. The University may impose interim measures, such as a prohibition from entering campus premises and attending University events or activities on and off campus, prior to the outcome determination and sanction decision.
Standard of Proof
The standard of proof used to make an outcome determination about facts that are in dispute in all cases and appeals under the purview of this policy is a preponderance of the evidence, which is based upon whether it is more likely than not a violation occurred.
The University's overall goal is to resolve complaints (not including appeals) under this policy within 60 calendar days from receipt of a report, and to resolve appeals within 20 calendar days from receipt of all appeal documents. Circumstances may require extensions of the complaint and/or appeal time frames, or any individual time frame. The University reserves the right to extend these time frames for good cause, which may exist if additional time is necessary to ensure the integrity and completeness of the investigation or to comply with a request from law enforcement to temporarily delay to gather evidence. Other examples of good causes of why time frames may need to be extended include the complexity of the case, the volume of information provided by the parties, the number of witnesses involved, the availability of the parties or witnesses, arranging reasonable accommodations (e.g., interpreters), the effect of a concurrent criminal investigation, delays due to University semester and holiday breaks, inclement weather, and other unforeseen circumstances or legitimate reasons. Exceptions to these time frames will be communicated to the complainant and respondent. The parties will receive periodic updates regarding the status of the investigation.
Timing of Complaints and Availability of Procedures
As long as there is jurisdiction (as defined in the scope of this policy) over the accused University community member, there is no time limit to invoking this policy in response to allegations of sexual misconduct. The policy at the time of the alleged incident will be implemented as appropriate. University community members and third parties are strongly encouraged to report any alleged sexual misconduct as early as possible in order to maximize the University's ability to respond promptly and effectively. Timely reporting also enables the University to provide greater options for support, investigation and adjudication. Delays in reporting an alleged sexual misconduct incident may result in the loss of relevant information, including information from witnesses, and may impair the University's ability to enforce this policy.
If a respondent is no longer a student or employee at the time of the allegation or report, the University's ability to complete its process or take disciplinary action may be limited, but the University will still be able to provide support for the complainant and take steps to end the prohibited behavior, prevent its recurrence, and address its effects. The University may be able to assist the complainant in identifying external reporting options and may take other actions as appropriate.
Reports to Law Enforcement
Because sexual misconduct may constitute both a violation of University policy and the District of Columbia Code (sexual assault, for example), Gallaudet strongly encourages University community members and third parties to promptly report a sexual assault or D.C. Code violation promptly to the Department of Public Safety (DPS) and/or to the D.C. Metropolitan Police Department. Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The collection and preservation of such evidence related to the reported sexual assault makes prompt reporting of the incident to law enforcement especially critical.
Related Criminal Proceedings
Because the standards for finding a violation of criminal law are different from the standards of finding a violation of this policy, criminal investigations or reports are not determinative of whether sexual misconduct, for purposes of this policy, has occurred. In other words, conduct may constitute sexual misconduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and therefore decline to prosecute. The filing of a complaint of sexual misconduct under this policy is independent of any criminal investigation or proceeding. University community members retain the right to file a criminal complaint and a Title IX complaint simultaneously. The University will fulfill its legal and ethical obligation to take immediate and appropriate action to investigate sexual misconduct allegations even if there are other external processes or procedures pending in connection with that same sexual misconduct report. In other words, the University will not necessarily wait for the conclusion of any criminal investigation or proceedings to commence its own investigation and will take interim measures to protect the complainant and the community, as is appropriate. The University may delay temporarily the fact-finding portion of a Title IX investigation and impose interim measures while the police are gathering evidence.
D.C. Civil Protection Orders
University community members also retain the right to file for a civil protection order in the District of Columbia against another person for sexual assault, sexual abuse, stalking, and domestic violence (including intimate partner violence, intra-family violence, and interpersonal violence).
A Civil Protection Order (CPO) is an instrument of the District of Columbia courts and is enforced by the District of Columbia Metropolitan Police Department (MPD). The Department of Public Safety (DPS) has only a support role assisting MPD in documenting any alleged violations and is not responsible for enforcing the CPO. MPD is responsible for making the final determination whether 1) a CPO has been violated and 2) what action to take. University community members who have a CPO in effect and believe that their CPO has been violated can contact either DPS or MPD. If the alleged violation takes place on-campus, DPS prefers community members to make an initial report of the alleged violation to DPS. DPS will take a report and contact MPD for review and action if needed. If the alleged violation took place off-campus, University community members should contact MPD directly, however, DPS is available to assist in contacting MPD if the community member prefers this option.
If DPS officers witness a situation where violence, threat of violence, and/or intimidation takes place between individuals on-campus, they will intervene as they would for any student, faculty, or staff with or without a CPO. It is important to stress that MPD, not DPS, makes the final determination on how to address the complaint and the final authority concerning CPO enforcement is with MPD and the DC Court system.
Gallaudet University strictly prohibits retaliatory discrimination or harassment against any person(s) for reporting, filing, testifying, assisting or participating in any manner in any investigation or proceeding involving allegations of sexual misconduct. The Campus SaVE Act also prohibits retaliation. Retaliatory discrimination or harassment may include, but is not limited to, intimidation, threats, harassment, violations of no-contact orders, and other intentional, adverse action threatened or taken by any individual or group of individuals, including a complainant, respondent, or third party. The University will take appropriate steps to ensure that a person who, in good faith, reports, or participates in a sexual misconduct investigation will not be subject to retaliation. A retaliation concern will be reviewed as a separate violation under this policy; that is, a person can be found responsible for retaliation even if not found to be responsible for the underlying reported sexual misconduct.
Gallaudet University will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct and the Standards of Conduct and/or Workplace Violence Policy (A&O Manual, 1.01) to furnish false or misleading information to any University official, of any policy violation including sexual misconduct. University community members are expected to cooperate fully with any investigation. A University community member who makes a report that is later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action. This does not apply to reports made in good faith, even if the facts alleged in the report are not substantiated by the investigation. Similarly, a respondent or witness who is later proven to have intentionally given false information may be subject to disciplinary action.
University as the Complainant
As necessary, Gallaudet University reserves the right to initiate a complaint, to serve as complainant, and to initiate remedies-based resolutions without a formal complaint from an individual. In certain instances, such as where there exists a risk of imminent harm to an individual or others or a threat to the health and safety of the campus the University reserves the right to take immediate and interim actions, as is appropriate or necessary.
Gallaudet recognizes that deciding whether to make a report alleging a violation of the Sexual Misconduct Policy are personal decisions. Anonymous reports without personally identifiable information from the sender are not considered to be official notice that would trigger an investigation by the University. The University will, however, follow up on anonymous reports for pattern tracking purposes, and will respond with community and/or targeted remedies, depending on what information is shared.
Individuals who wish to report off-campus incidents should report to the local police in the jurisdiction where the incident occurred. The individual may also choose to report a sexual misconduct, intimate relationship violence, or stalking incident to the on-campus resources listed below. The University reserves the right to review and make a decision on whether to adjudicate any occurrence of off-campus conduct by University community members in violation of this policy, the Administrations and Operations Manual, and/or the Student Code of Conduct that may have a continuing adverse effect upon the University or members of the University community or could create a hostile environment on campus.
Leniency for Alcohol and Other Drug Use by Students
Sometimes a student complainant is hesitant to report to University officials because they themselves may be accused of other policy violations, such as underage drinking at the time of the incident. It is in the best interest of this community that as many students as possible choose to report a sexual misconduct incident to University officials. To encourage reporting, the University pursues a policy of offering students who may have violated the code of conduct themselves leniency from alcohol and/or other drug policy violations related to the incident. The University may, however, initiate an educational discussion or pursue other educational interventions regarding alcohol and/or other drugs. The seriousness of gender-based and sexual misconduct is a major concern and the University does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.
The leniency from alcohol and/or other drug policy violations related to the incident does not preclude or prevent action taken by D.C. Police or other legal authorities. Other applicable student and employee policies include Policy #1.04 (Alcoholic Beverages) and #1.05 (Drug Free Environment) in the Administration and Operations Manual.
Academic, Intellectual and Expressive Freedom
This policy recognizes the importance of academic freedom at Gallaudet and embraces respect for intellectual and expressive freedom and upholds these values by prohibiting all forms of sexual misconduct. This policy recognizes that effective learning may include classroom discussions and engagement with difficult, offensive, and historically charged materials. Such pedagogical experiences related to the course do not constitute violations of this policy and are not considered to be reporting events or notice for the purpose of triggering an obligation to investigate or take action with respect to the information shared, unless an individual initiates a complaint.
Other Information That Does Not Trigger Investigations
In addition to anonymous reports without any personally identifiable information of the reporting party, public awareness events such as "Take Back the Night", candlelight vigils, protests, survivor speak outs or other forums at which individuals disclose experiences with sexual misconduct are not considered to be reporting events or notice for the purpose of triggering an obligation to investigate or take action with respect to the information shared, unless an individual initiates a complaint. Community members should feel free to participate in preventive education programs and access resources on campus.
The Sexual Misconduct Policy also applies to recognized student organizations; a student organization or its officers and membership may be held collectively and individually responsible when violations of this policy by the organization or its members take place at organization sponsored events, have received the consent or encouragement of the organization or of the organization's officers, or was known or reasonably should have been known to the membership or its officers.
In any such action, organization and individual determinations as to responsibility will be made, and where appropriate, sanctions may be assigned collectively and individually, in a manner proportionate to the involvement of each individual.
The Title IX Coordinator will retain records of all reports, allegations and complaints, regardless of whether the matter is resolved by the initial review, remedies-based resolution, or discipline-based resolution. Complaints resolved by interim or remedies-based resolutions are not part of a student's disciplinary file maintained by the Office of Student Conduct or the employee's Human Resources or Faculty file maintained by the Provost's Office. Complaints resolved with a responsible finding through discipline-based resolution will be maintained by the Office of Student Conduct (students) or the employee's Human Resources or faculty file. Such records will be used in reviewing any further conduct or in determining appropriate sanctions. Each office has its own record retention policy; it should be noted that the Clery Act requires institutions to maintain all supporting records of incidents that were included in the annual security report (ASR) for seven years.
EFFECTIVE DATE: August 28, 2018
UPDATED: July 22, 2019