Part C: Resolution Procedures

Saint Mary’s College will act on any formal notice/complaint of violation of the Sex/Gender-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy (“the Policy”) that is received by the Title IX Coordinator or any other Official with Authority by applying these procedures. 

The procedures below apply to all allegations of discrimination or harassment on the basis of the actual or perceived sex or gender involving students, staff, administrators, or faculty members. A set of technical dismissal requirements within the Title IX regulations may apply as described below, but when a technical dismissal under the Title IX allegations is required, any remaining allegations may proceed using these same grievance procedures, clarifying which Policy provisions above are applicable. Although the effect of the Title IX regulations can be confusing, these resolution procedures apply to all Policy offenses.

The procedures below may be used to address alleged collateral misconduct by the Respondent arising from the investigation of or occurring in conjunction with reported misconduct (e.g., vandalism, physical abuse of another), when alleged violations of the Policy are being addressed at the same time. In such cases, the Title IX Coordinator may consult with the institution officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs, etc.) to provide input as needed. All other allegations of misconduct unrelated to incidents covered by the Policy will be addressed through procedures described in the employee and student handbooks.

Upon receipt of a Formal Complaint or notice of an alleged policy violation, the Title IX Coordinator¹ initiates a prompt initial assessment to determine the next steps the College needs to take. The Title IX Coordinator will contact the Complainant to offer supportive measures and determine whether the Complainant wishes to file a Formal Complaint.

The Title IX Coordinator will then initiate at least one of three responses:

1. Offering supportive measures because the Complainant does not want to file a Formal Complaint
2. An Informal Resolution (upon submission of a Formal Complaint)
3. A Formal Resolution Process including an investigation and a hearing (upon submission of a Formal Complaint)

The College uses a Formal Resolution Process as described below to determine whether the Policy has been violated. If so, the College will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to harassment or discrimination, their potential recurrence, and/or their effects.

^{1 Anywhere these procedures indicate “Title IX Coordinator,” the reader should interpret that to include, “or designee.”}

Following receipt of notice or a Formal Complaint of an alleged violation of this Policy, the Title IX Coordinator² engages in an initial assessment, typically within one to five (1-5) business days. The steps in an initial assessment can include:

• The Title IX Coordinator seeks to determine if the person impacted wishes to make a Formal Complaint, and will assist them to do so, if desired.
• If they do not wish to do so, the Title IX Coordinator determines whether to initiate a complaint themselves.
• If a Formal Complaint is received, the Title IX Coordinator assesses its sufficiency and works with the Complainant to make sure it is correctly completed.
• The Title IX Coordinator reaches out to the Complainant to offer supportive measures.
• The Title IX Coordinator works with the Complainant to ensure they are aware of the right to have an Advisor.
• The Title IX Coordinator works with the Complainant to determine whether the Complainant prefers a supportive and remedial response,³ an Informal Resolution option, or a formal investigation and resolution process.
• If a supportive and remedial response is preferred, the Title IX Coordinator works with the Complainant to identify their needs, determine appropriate supports, and implements accordingly. No Formal Resolution Process is initiated, though the Complainant can elect to initiate one later, if desired.
• If an Informal Resolution option is preferred, the Title IX Coordinator assesses whether the complaint is suitable for Informal Resolution,^4,5 which informal mechanism may serve the situation best or is available and may seek to determine if the Respondent is also willing to engage in Informal Resolution.
• If a Formal Resolution Process is preferred by the Complainant, the Title IX Coordinator determines if the alleged misconduct falls within the scope of the 2020 Title IX regulations:
  • If it does, the Title IX Coordinator will initiate the formal investigation and resolution process, directing the investigation to address, based on the nature of the complaint:
    • an incident, and/or
    • a pattern of alleged misconduct, and/or
    • a culture/climate issue

The College must dismiss⁶ a Formal Complaint or any allegations therein if, at any time during the resolution process, it is determined that:

1. The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment as defined above, even if proved
2. The conduct did not occur in an educational program or activity controlled by Saint Mary’s College (including buildings or property controlled by recognized student organizations), and/or the College does not have control of the Respondent
3. The conduct did not occur against a person in the United States
4. At the time of filing a Formal Complaint, a Complainant is not participating in or attempting to participate in the College’s education program or activity, and based on the available information, the Title IX Coordinator has determined that they do not need to sign a Formal Complaint on behalf of the College⁷

The College may dismiss a Formal Complaint or any allegations therein if, at any time during the resolution process:

1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein
2. The Respondent is no longer enrolled in or employed by Saint Mary’s College
3. Specific circumstances prevent the college from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein

A Complainant who decides to withdraw a Complaint may later request to reinstate it or refile it.

Upon any dismissal, the College will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.

The dismissal decision is appealable by any party under the procedures for appeal. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.

Please note that dismissing a complaint under the 2020 Title regulations is solely a procedural requirement under Title IX, which does not limit the College’s authority to address a complaint with an appropriate process and remedies.

The College is obligated to ensure the resolution process is not abused for retaliatory purposes, thus counterclaims made with retaliatory intent will not be permitted. The College permits the filing of counterclaims but uses an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith.

Counterclaims determined to have been reported in good faith will be processed using the Resolution Processes below. Investigations of such claims may take place after resolution of the underlying initial complaint, in which case a delay may occur.

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

The parties may each have an (1) Advisor of their choice present with them for all meetings, interviews, and hearings within the Resolution Process, if they so choose. The parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.⁸

More information about the role, responsibilities, and expectations of Advisors in meetings, interviews, and at a hearing can be found in Appendix C.

All resolution proceedings are private. All persons present at any time during the Resolution Process are expected to maintain the privacy of the proceedings in accordance with Saint Mary’s College Policy.

Although there is an expectation of privacy around what investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose, except for information the parties agree not to disclose as part of an Informal Resolution. Parties are encouraged to discuss any sharing of information with their Advisor before doing so.

The Formal Resolution Process is the College’s primary approach unless Informal Resolution is elected by all parties and the College.

If an informal resolution option is preferred, the Title IX Coordinator assesses whether the complaint is suitable for this type of resolution, which informal mechanism may serve the situation best or is available and may seek to determine if the Respondent is also willing to engage in informal resolution. 

It is not necessary to pursue Informal Resolution first in order to pursue the Formal Resolution Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Resolution Process. If both parties agree, the parties involved may participate in an informal resolution.

Informal resolution can include the following different approaches as described below:

1. Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation.
2. Alternative Resolution. When the parties agree to resolve the matter through an alternative resolution mechanism (e.g., mediation, restorative practices, facilitated dialogue, etc.), as described below, often before a formal investigation takes place.
3. Accepted Responsibility. When the Respondent accepts responsibility for violating policy, and desires to accept the recommended sanction(s) and end the Resolution Process (similar to above, but usually occurs post-investigation).
4. Negotiated Resolution.

In all cases, the Title IX Coordinator will have the discretion to determine whether or not Informal Resolution or mediation is appropriate to the circumstances, and the particular form of Informal Resolution. The College generally will not pursue Informal Resolution in cases of sexual assault, domestic or dating violence, and stalking.

To initiate Informal Resolution, a Complainant needs to submit a Formal Complaint, as defined in this Policy. A Respondent who wishes to initiate Informal Resolution should contact the Title IX Coordinator. The parties may agree, as a condition of engaging in Informal Resolution, that statements made, or evidence shared, during the Informal Resolution Process will not be considered in the Formal Resolution Process unless all parties consent.

The parties may not enter into an agreement that requires the College to impose specific sanctions, though the parties can agree to certain restrictions or other courses of action. For example, the parties cannot require a student be suspended, but the parties can agree that the Respondent temporarily or permanently withdraw. The only Informal Resolution Process that can result in sanctions levied by the institution is “Accepted Responsibility.” 

The Title IX Coordinator has discretion to determine if an investigation will be paused during Informal Resolution, or if it will be limited, or will continue during the Informal Resolution process.

Prior to implementing Informal Resolution, the College will provide the parties with written notice of the reported misconduct and any sanctions (only in the case of “Accepted Responsibility”) or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the College.

The College will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

Where appropriate an Alternative Resolution process can be used to resolve allegations. The Title IX Coordinator will consult with the Complainant and Respondent to determine appropriate methods of resolution. This may include counseling, training, mediation, restorative practices, or any other method appropriate to aid in resolving the complaint. All parties must agree and consent to the use of an Alternative Resolution mechanism.

The Title IX Coordinator may consider the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the parties:

• The parties’ amenability to Alternative Resolution
• Likelihood of potential resolution, considering any power dynamics between the parties
• The nature and severity of the alleged misconduct
• The parties’ motivation to participate
• Civility of the parties
• Results of a violence risk assessment/ongoing risk analysis
• Disciplinary history of the Respondent
• Whether an emergency removal is needed
• Skill of the Alternative Resolution facilitation with the type of complaint
• Complaint complexity
• Emotional investment/capability of the parties
• Rationality of the parties
• Goals of the parties
• Adequate resources to invest in Alternative Resolution (time, staff, etc.)

The ultimate determination of whether Alternative Resolution is available or successful is made by the Title IX Coordinator. The Title IX Coordinator is authorized to facilitate a resolution that is acceptable to all parties, and/or to accept a resolution that is proposed by the parties, usually through their Advisors, including terms of confidentiality, release, and non-disparagement.

The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., referral to formal resolution, referral to the conduct process for failure to comply). 

Results of complaints resolved by Alternative Resolution are not appealable.

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether all parties and the College are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of Saint Mary’s College policy and implements agreed-upon restrictions and remedies and determines the appropriate sanction(s) in coordination with other appropriate administrator(s), as necessary.

This result is not subject to appeal once all parties indicate their written assent to all agreed upon resolution terms. When the parties cannot agree on all terms of resolution, the Formal Resolution Process will resume at the same point where it was paused.⁹

^{9 The parties may not want discussions that take place within Informal Resolution to be admissible in a later Formal Resolution Process, but essential facts must and do transfer from the informal process to the formal.} 

The Title IX Coordinator, with the consent of the parties and in consultation with the Office of Community Life, Provost, or Human Resources, as appropriate, may negotiate and implement an agreement to resolve the allegations that satisfies all parties and the College. Negotiated Resolutions are not appealable once agreed upon.

The Title IX Coordinator will provide written Notice of Investigation and Allegations (the “NOIA”) to the Respondent upon commencement of the Formal Resolution Process. This facilitates the Respondent’s ability to prepare for the investigation interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who will be given advance notice of when the NOIA will be delivered to the Respondent.

The NOIA will include:

• A meaningful summary of all allegations
• The identity of the involved parties (if known)
• The precise misconduct being alleged
• The date and location of the alleged incident(s) (if known)
• The specific policies implicated
• A description of the applicable procedures
• A statement of the potential sanctions/responsive actions that could result
• A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
• A statement that the investigation and hearing are not adversarial processes between Complainant(s), Respondent(s), and witnesses, but rather a process the College uses to comply with its obligations under existing law
• A statement that the Complainant does not have the burden to prove, nor does the Respondent have a burden to disprove, the underlying allegation(s) of misconduct
• A statement that any evidence available but not disclosed during the investigation might not be considered at a subsequent hearing if intentionally withheld
• A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity during the review and comment period to inspect and review all directly related and/or relevant evidence obtained
• A statement about the College’s policy on retaliation
• Information about the confidentiality of the process
• Information on the need for each party to have an Advisor of their choosing for the hearing and suggestions for ways to identify an Advisor
• A statement informing the parties that the College’s policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process
• Detail on how the party may request disability accommodations during the Resolution Process
• The name(s) of the Investigator(s), along with a process to identify to the Title IX Coordinator, in advance of the interview process, any conflict of interest that the Investigator(s) may have
• An instruction to preserve any evidence that is directly related to the allegations

Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations.

Notice will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official Saint Mary’s College records, or emailed to the parties’ College-issued or designated accounts. Email is the primary method of delivery and is an official method of communication by the College. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.

The College will make a good faith effort to complete the Resolution Process within a sixty to ninety (60-90) business-day time period, including appeal if any, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.

The College will not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures.

Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints an investigator(s) to conduct the inquiry usually within two (2) to three (3) business days of determining that an investigation should proceed. The investigator(s) may be college-trained and appointed personnel, or an external investigator engaged by the College. All investigations will be thorough, reliable, impartial, prompt, and fair.

Any individual materially involved in the administration of the Resolution Process may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The Title IX Coordinator will vet the assigned Investigator(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. At any time during the Resolution Process, the parties may raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another person will be assigned and the impact and the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the Executive Vice President and Provost, Dr. Corey Cook (cdc13@stmarys-ca.edu).

The Formal Resolution Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports the Respondent engaged in a policy violation and evidence that supports the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness.

The College operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.

Investigations are normally completed within sixty (60) business days, though some investigations may take many weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, law enforcement involvement, etc. 

The College will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

The College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or health conditions. 

The College will communicate the anticipated duration of the delay and reason to the parties in writing and provide the parties with status updates if necessary. The College will promptly resume its investigation and Resolution Process as soon as feasible. During such a delay, the College will implement supportive measures as deemed appropriate.

College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all available relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.

Complainants and Respondents will have a full and equitable opportunity, through the investigation process, to respond to the allegations, identify witnesses and questions they want to be asked of the other party/witnesses, provide evidence, and to thoroughly review and respond to all evidence on the record. The Investigator(s) and/or Title IX Coordinator will communicate regularly with the parties to update them on the progress and timing of the investigation.

At the discretion of the Title IX Coordinator, investigations can be combined when complaints implicate a pattern, collusion, and/or other shared or similar actions.

The Investigator(s) typically take the following steps, if not already completed (not necessarily in this order):

• Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties.
• Interview the Complainant and Respondent, and all available, relevant witnesses and conduct follow-up interviews as necessary; make a good faith effort to notify the parties of any meetings or interview involving the other party, in advance when possible.
• When participation of a party or witness is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose.
• Ask and allow each party the opportunity to suggest witnesses and provide documentary evidence.
• Ask and allow each party the opportunity to suggest questions they wish the investigator(s) to ask of the other party and witnesses, and document in the investigation report which questions were asked, with a rationale for any changes or omissions.
• Provide each interviewed party and witness an opportunity to review and verify the investigator’s summary notes of the relevant evidence/testimony from their respective interviews and meetings.
• During the investigation, identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated; the NOIA may be amended with any additional or dismissed allegations.
• Provide regular status updates to the parties throughout the investigation.
• Provide the parties and their respective Advisors (if so desired by the parties) with a list of witnesses whose information will be used to render a finding before the conclusion of the investigation.
• Complete the investigation promptly and without unreasonable deviation from the intended timeline.
• Write a comprehensive draft investigation report fully summarizing the investigation, all interviews, and addressing all relevant evidence. Appendices including relevant physical, or documentary evidence will be included. The Investigator(s) will synthesize and assess evidence, but make no conclusions, engage in no policy analysis, and render no recommendations as part of their report.
• Share the draft report with the Title IX Coordinator who will review the report and may request further investigation or review from the Investigator(s).
• Provide the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the College does not intend to rely in reaching a determination. The parties will be afforded the opportunity to pose follow-up questions for any witness and the other party, submit new or additional evidence or names of witnesses, request a follow-up interview with the Investigator(s) to clarify or provide additional information that such party believes is relevant to the investigator, or to seek clarification from the Investigator(s) on aspects of the investigation report.
• Parties will have ten (10) business days to review and comment so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten days. 
• Each copy of materials shared will be watermarked on each page with the role of the person receiving it (e.g., Complainant, Respondent, Complainant’s Advisor, Respondent’s Advisor).
• Elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses.
• Incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator(s) should document all rationales for any changes made after their review and comment period.
• Share the finale report with the Title IX Coordinator for their review and feedback.
• Share the final report with all parties and their respective Advisors through secure electronic transmission or hard copy at least ten (10) business days prior to a hearing. The parties and Advisors are also provided with a file of any directly related evidence that was not included in the report.

Witnesses (as distinguished from the parties) who are employees of the College are strongly encouraged to cooperate with and participate in the College’s investigation and Resolution Process. Student witnesses and witnesses from outside the Saint Mary’s College community are encouraged to cooperate with college investigations and to share what they know about a complaint.

Although in-person interviews for parties and all potential witnesses are ideal, circumstances (e.g., externally contracted Investigator(s), study abroad, summer break) may require individuals to be interviewed remotely. Skype, Zoom, Microsoft Teams, FaceTime, WebEx, or similar technologies may be used for interviews if the Investigator(s) determine the timeliness, efficiency, or other reasons dictate a need for remote interviewing. The College will take appropriate steps to reasonably ensure the security/privacy of remote interviews.

Witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

No unauthorized audio or video recording of any kind is permitted during investigation meetings. If Investigator(s) elect to audio and/or video record interviews, all involved parties should be made aware of and consent to audio and/or video recording.

Neither the investigation nor the hearing will consider:¹⁰ (1) incidents not relevant or not directly related to the possible violation(s), unless they evidence a pattern; (2) the character of the parties; or (3) questions and evidence about the Complainant’s sexual predisposition or prior or subsequent sexual behavior unless such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior concerning the Respondent and are offered to prove consent.

^{10 CA Educ. Code, Section 66281.8 provides that parties may not introduce evidence, including witness testimony, at the hearing that the party did not identify during the investigation and that was available at the time of the investigation. However, the decision-maker(s) have discretion to accept for good cause, or exclude, such new evidence offered at the hearing.}

Provided that the complaint is not resolved through Informal Resolution, once the final investigation report is shared with the parties, the Title IX Coordinator will assess the status of the parties to ensure continued jurisdictional coverage and refer the matter for a hearing.

The hearing cannot be held less than ten (10) business days from the conclusion of the investigation – when the final investigation report is transmitted to the parties and the Decision-maker(s) – unless all parties and the Decision-maker(s) agree to an expedited timeline.

The Title IX Coordinator will select an appropriate Decision-maker(s) and provide a copy of the final investigation report and the file of directly related evidence. 

The Title IX Coordinator will designate the Decision-maker(s), one which will be designated as the Chair, or in when a single Decision-maker that person shall hold the position of Chair. The Decision-maker(s) will not have had any previous involvement with the complaint. The Title IX Coordinator may elect to have an alternate person sit in throughout the hearing process in the event that a substitute is needed for any reason.

Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as a Decision-maker for that complaint. Those who are serving as Advisors for any party may not serve as a Decision-maker in that matter.

The Title IX Coordinator may not serve as a Decision-maker or Chair in the matter but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter do not create a conflict of interest. Otherwise, a designee may fulfill the facilitator role. The hearing will convent at a time and venue determined by the Title IX Coordinator, or designee.

Previous disciplinary action of any kind involving the Respondent may not be used unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. This information is only considered at the sanction stage of the process and is not shared until then.

The parties may each submit a written impact and/or mitigation statement prior to the hearing for the consideration of the Decision-maker(s) at the sanction stage of the process when a determination of responsibility is reached.

After post-hearing deliberation, the Decision-maker(s) renders a determination based on the preponderance of the evidence; whether it is more likely than not that the Respondent violated the Policy.

No less than ten (10) business days prior to the hearing,¹¹ the Title IX Coordinator will send notice of the hearing to the parties. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.

The notice will contain:

• A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result.
• The time, date, and location of the hearing. 
• Description of any technology that will be used to facilitate the hearing. Hearings may be held fully remote without compromising the fairness of the hearing. 
• A list of all those who attend the hearing, along with an invitation to object to any Decision-maker based on demonstrated bias or conflict of interest. This must be raised with the Title IX Coordinator at least five (5) days prior to the hearing.
• Information on how the hearing will be recorded and how the parties can access the recording after the hearing.
• A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Chair may reschedule the hearing.
• Notification that the parties may have the assistance of one (1) Advisor of their choosing at the hearing and will be required to have one present for any questions they may desire to ask. The party must notify the Title IX Coordinator if they wish to conduct cross-examination and do not have an Advisor, and the College will appoint one. Each party must have an Advisor present if they intent to cross-examine others. There are no exceptions.
• A statement that questions that are repetitive, irrelevant, or harassing are prohibited.
• A statement that parties may note an objection to questions posed.¹²
• A copy of all the materials provided to the Decision-maker(s) about the complaint unless they have already been provided.¹³
• An invitation to each party to submit to the Title IX Coordinator an impact and/or mitigation statement pre-hearing that the Decision-maker(s) will review during any sanction determination.
• An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.

Hearings for possible violations that occur near or after the end of the academic term (assuming the Respondent is still subject to this Policy) and are unable to be resolved prior to the end of the term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeframe followed by the College and remain within the 60-90 business-day goal for resolution. Employees who do not have 12-month contracts are still expected to participate in Resolution proceedings that occur during months between contracts.

After any necessary consultation with the parties, the Title IX Coordinator, or Chair, will provide the names of persons who have been asked to participate in the hearing, all pertinent documentary evidence, and the final investigation report to the parties at least ten (10) business days prior to the hearing.

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s) or have proffered a written statement or answer written questions, unless all parties and the Decision-maker(s) assent to the witness’s participation in the hearing. The same holds for any relevant evidence that is first offered at the hearing. If the parties and Decision-maker(s) do not assent to the admission of evidence newly offered at the hearing, the Chair may delay the hearing and/or instruct that the investigation needs to be re-opened to consider that evidence.¹⁴

The Notice of Hearing will provide the name of the Decision-maker(s) and all objection to any Decision-maker must be raised in writing, detailing the rationale for the objection, and must be submitted to the Title IX Coordinator as soon as possible and no later than five (5) business days prior to the hearing. Decision-makers will only be removed if the Title IX Coordinator concludes that their actual or perceived bias or conflict of interest precludes an impartial hearing of the complaint.

The Title IX Coordinator will give the Decision-maker(s) a list of the names of all parties, witnesses, and Advisors at least five (5) business days in advance of the hearing. Any Decision-maker who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses, and Advisors in advance of the hearing. If a Decision-maker is unsure of whether a bias or conflict of interest exists, they must raise the concern with the Title IX Coordinator as soon as possible.

During the ten (10) business-day period prior to the hearing, the parties have the opportunity for continued review and comment on the final investigation report and available evidence. That review and comment can be shared with the Chair at a pre-hearing meeting or at the hearing and will be exchanged between each party by the Chair, with the assistance of the Title IX Coordinator as needed.
 

^{14 34 C.F.R. § 668.46(k)(3)(B)(3) requires “timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings.”}

The Decision-maker(s), or solely the Chair, may convene a pre-hearing meeting(s) with the parties and invite them to submit the questions or topics they (the parties) wish to ask or discuss at the hearing, so that the Chair can rule on their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or to provide recommendations for more appropriate phrasing.

However, this advance review opportunity does not preclude an Advisor from asking a question for the first time at the hearing or from asking for a reconsideration on a pre-hearing ruling by the Chair based on any new information or testimony offered at the hearing. The Chair must document and share with each party their rationale for any exclusion or inclusion at a pre-hearing meeting.

The Chair, only with full agreement of the parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the investigation report or during the hearing.

At each pre-hearing meeting with a party, the Chair will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator(s) may be argued to be relevant. The Chair may rule on these arguments pre-hearing and will exchange those rulings between the parties prior to the hearing to assist in preparation for the hearing. The Chair may consult with legal counsel and/or the Title IX Coordinator or ask either or both to attend pre-hearing meetings.

The pre-hearing meeting(s) will not be recorded. The pre-hearing meetings may be conducted as separate meetings with each party/Advisor, with all parties/Advisors present at the same time, remotely, or as a written-only exchange. The Chair will work with the parties to establish the format.

At the hearing, the Decision-maker(s) has the authority to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation and may also hear and make determinations on any additional alleged policy violations that occurred in concert with the discrimination, harassment, and/or retaliation, even though those collateral allegations may not specifically fall within this Policy.

Participants at the hearing may include the Chair, additional Decision-makers, a substitute Decision-maker, hearing facilitator, the Investigator(s) who conducted the investigation (may remain present for the duration of the hearing), the parties, the Advisor to each respective party, any called witnesses (only for the portion of time they are provided testimony), the Title IX Coordinator, College legal counsel, and anyone providing authorized accommodations, interpretation, and/or assistive services. 

The Title IX Coordinator will answer all questions of procedure but may consult with the Chair and/or legal counsel as necessary.

In hearings involving more than one Respondent and/or involving more than one Complainant who has accused the same individual of substantially similar conduct, the default procedure will be to hear the allegations jointly.

However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent or complaint to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent and/or for each complaint with respect to each alleged policy violation.

Introductions and Explanation of Procedure

The Chair explains the procedures and introduces the participants. This may include a final opportunity for challenge or recusal of a Decision-maker based on bias or conflict of interest. The Title IX Coordinator will review the challenge and decide.

The Chair then conducts the hearing according to the hearing script. The hearing facilitator (who may be the Title IX Coordinator) may attend to recording, witness logistics, party logistics, curation of documents, separation of the parties, and other administrative elements of the hearing process.

Investigator Presentation of Final Investigation Report

The Investigator(s) will present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Decision-maker(s) and the parties (through their Advisors). 

Neither the parties nor the Decision-maker should ask the Investigator(s) their opinions on credibility, recommended findings, or determinations, and Advisors and parties will refrain from discussion of or questions for Investigators about these assessments. If such information is introduced, the Chair will direct that to be disregarded.

Testimony and Questioning

Once the Investigator(s) present(s) the report and respond(s) to questions, the parties and witnesses may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the Chair. The hearing will facilitate questioning of parties and witnesses by the Decision-maker(s) and then by the parties through their Advisors.

All questions are subject to a relevance determination by the Chair. The Advisor, who will remain seated during questioning, will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted by the Chair upon request if agreed to by all parties and the Chair), the proceeding will pause to allow the Chair to consider the question (and state it if it has not already been stated aloud), and the Chair will determine whether the question will be permitted, disallowed, or rephrased.¹⁵

The Chair may invite explanations or persuasive statements regarding relevance with the Advisors if the Chair so chooses. The Chair will then state their decision on the question for the record and advise the party/witness to whom the question was directed, accordingly. The Chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

The Chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Chair has final say on all questions and determinations of relevance. The Chair may consult with legal counsel on any questions of admissibility. The Chair may ask Advisors to frame why a question is or is not relevant from their perspective but will not entertain argument from the Advisors on relevance once the Chair has ruled on a question.

If the parties raise an issue of bias or conflict of interest of an Investigator or a Decision-maker at the hearing, the Chair may elect to address those issues, consult with legal counsel, and/or refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the Chair should not permit irrelevant questions that probe for bias.

Refusal to Submit to Questioning; Inferences

Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. The Decision-maker(s) can only rely on whatever relevant evidence is available through the investigation and hearing in making the ultimate determination of responsibility. The Decision-maker(s) may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to submit to cross-examination or answer other questions.

An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared. It is otherwise considered off-limits, and an Advisor who is an institutional employee is temporarily alleviated from mandated reporter responsibilities related to their interaction with their advisee during the Resolution Process.

Hearing Recordings

Hearings (but not deliberations) are recorded by the College for purposes of review in the event of an appeal. The parties may not record the proceedings, and no other unauthorized recordings are permitted.

The Decision-maker(s), the parties, their Advisors, and appropriate administrators of the College will be permitted to review the recording upon request to the Title IX Coordinator. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator. 

The Decision-maker(s) will deliberate in closed session to determine whether the Respondent is responsible for the policy violation(s) in question. The Decision-maker(s) may consult with the hearing facilitator for procedural inquiry, not to address the substance of the allegations.

When there is a finding of responsibility on one or more of the allegations, the Decision-maker(s) may then consider the previously submitted party impact and/or mitigation statement(s) in determining appropriate sanction(s). The Chair will ensure that each of the parties has an opportunity to review any submitted impact and/or mitigation statement(s) once they are submitted.

The Decision-maker(s) will also review any pertinent conduct history provided by the Title IX Coordinator and will determine the appropriate sanction(s), in consultation with other appropriate administrators, when necessary.

The Chair will then prepare a written statement detailing the findings and final determinations, the rationale(s) explaining the decision(s), the evidence used in support of the determination(s), the evidence not relied upon in the determination(s), any credibility assessments, and any sanction(s) and rationales explaining the sanction(s) and will deliver the statement to the Title IX Coordinator.

This statement is typically three to five (3-5) pages in length and must be submitted to the Title IX Coordinator within two (2) business days of the end of the deliberations unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.

Using the deliberation statement, the Title IX Coordinator will work with the Chair to prepare a Notice of Outcome letter. The Title IX Coordinator will then share the letter, which includes the final determination, rationale, and any applicable sanction(s), with the parties and their Advisors within two (2) business days of receiving the deliberation statement.

The Notice of Outcome will be shared with the parties simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official Saint Mary’s College records, or emailed to the parties’ college-issued email or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.

The Notice of Outcome will articulate the specific alleged policy violation(s), including the relevant policy section(s), and will contain a description of the procedural steps taken by the College from the receipt of the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held.

The Notice of Outcome will specific the finding for each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issues; a statement of, and rationale for, the result of each allegation to the extent the College is permitted to share such information under state or federal law; any sanction(s) issued which the College is permitted to share according to state or federal law; and whether remedies will be provided to the Complainant to ensure access to the College’s educational or employment program or activity.

The Notice of Outcome will also include information on when the results are considered final by the College, will note any changes to the outcome and/or sanction(s) that occur prior to finalization, and the relevant procedures and bases for appeal.

See Appendix B

Factors considered when determining a sanction/responsive action may include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
• The impact on the parties
• Any other information deemed relevant by the Decision-makers(s) 

The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.

The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

If it is later determined that a party or witness intentionally provided false or misleading information, that action could be ground for re-opening a resolution process at any time, and/or referring that information to another process for resolution.

Student Sanctions

The following are the common sanctions that may be imposed upon students singly or in combination:¹⁶

• Written Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions/responsive actions.
• Loss of Privileges: Denial of specified privileges for a designated period of time. Examples include, but are not limited to, guests, computer use, housing selection, dining, participation in athletics, leadership positions, cocurricular activities, on-campus student employment, recreational, and/or social activities.
• Required Counseling: A mandate to meet with and engage in external counseling to better comprehend the misconduct and its effects.
• No Contact Directive: A directive to refrain from contact with a specific person(s) and/or location(s), includes direct or indirect communication; including, but not limited to, in-person or electronic communication, and/or through a third party.
• Fines: As appropriate to the violation, a fine may be imposed.
• Restitution: A required payment to the College and/or Complainant for loss, damage, or injury incurred as a result of a violation.
• Disciplinary Probation: A written reprimand for violation of institutional policy. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional policy, procedure, or directive during the probationary period. Probation may include denial of specified social privileges, exclusion from cocurricular activities, exclusion from designated areas of campus, no contact directives, and/or other measures deemed appropriate.
• Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation for a defined period of time or through the remainder of their tenure as a student at Saint Mary’s College. Readmission is not guaranteed and during the suspension period, the student is not permitted on campus and shall not participate in any off-campus College-sponsored/affiliated activity.
• Expulsion: Permanent termination (without refund) of student status and revocation of rights to be on campus for any reason or to attend College-sponsored/affiliated events. The College may rescind a degree following the awarding of a diploma or may withhold the awarding of a degree pending the outcome of the resolution process for a violation of this Policy, that does, or would have the potential to, result in the sanction of Expulsion. The sanction of Expulsion is noted on the student’s academic transcript. Expulsion is not considered to be punitive or a deterrent in the criminal or civil sense, but rather a determination by the College that the student has demonstrated by their conduct that they are unqualified to continue as a member of the Saint Mary’s College community.
• Withholding Diploma: The College may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for violating policy.
• Revocation of Degree: The College reserves the right to revoke a degree previously awarded from the College for fraud, misrepresentations, and/or other violation of college policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
• Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate. For example, residence hall relocation, suspension, or expulsion; parent/guardian notification; programs/projects/activities.

Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an employee who has engaged in discrimination, harassment, sexual misconduct, and/or retaliation include, but are not limited to:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to a New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to or in place of the above sanctions/responsive actions, the College may assign any other responsive actions as deemed appropriate.

Students

Should a student Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the College, the Resolution Process typically ends with a dismissal, as the College has lost primary disciplinary jurisdiction over the withdrawn student. However, the College may continue the Resolution Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged discrimination, harassment, misconduct, and/or retaliation.

Regardless of whether the complaint is dismissed or pursued to completion of the Resolution Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged misconduct. The student who withdraws or leaves while the process is pending may be restricted from returning to the College until the matter is resolved. Admissions and Human Resources will be notified, accordingly. 

If the student Respondent only withdraws or takes a leave of absence for a specified period of time (e.g., one semester), the Resolution Process may continue remotely and, if found in violation, that student is not permitted to return to the College unless and until all sanctions, if any, have been satisfied.

Employees

Should an employee Respondent resign with unresolved allegations pending, the Resolution Process typically ends with a dismissal, as the College has lost primary disciplinary jurisdiction over the resigned employee. However, the College may continue the Resolution Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged discrimination, harassment, misconduct, and/or retaliation.

Regardless of whether the matter is dismissed or pursued to completion of the Resolution Process, the College will continue to address and remedy any systemic issues or concerns that contributed to the alleged violation(s), and any ongoing effects of the alleged misconduct.

The employee who resigns with unresolved allegations pending is not eligible for academic admission or rehire with the College, and the records retained by the Title IX Coordinator will reflect that status.

Any party may submit a written request for appeal (“Request for Appeal”) to the Title IX Coordinator within three (3) business days of the delivery of the Notice of Outcome.

An Appeal Decision-maker will be designated by the Title IX Coordinator, and this person will Chair the appeal. No Appeal Decision-maker will have been previously involved in the Resolution Process for the complaint, including in any dismissal appeal that may have been heard earlier in the process. 

The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (a Review for Standing). This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

Grounds for Appeal

Appeals are limited to the following grounds:

1. A procedural irregularity affected the outcome of the matter.
2. New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter.
3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

If any of the grounds in the Request for Appeal do not meet the grounds in this Policy, that request will be denied by the Appeal Chair, and the parties and their Advisors will be notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meets the grounds in this Policy, then the Appeal Chair will notify all the parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker(s).

All other parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker(s) will be mailed, emailed, and/or provided a hard copy of the Request for Appeal with the approved grounds and be given three (3) business days to submit a response to the portion of the appeal that was approved and involves them. All responses, if any, will be forwarded by the Appeal Chair to all parties for review and comment.

The non-appealing party (if any) may also choose to appeal at this time. If so, that will be reviewed to determine if it meets the grounds in this Policy by the Appeal Chair and either approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or original Decision-maker(s), as necessary, who will submit their responses, if any, within three (3) business days. Any such responses will be circulated for review and comment by all parties. If denied, the parties will be notified accordingly, in writing.

Neither party may submit any new requests for appeal after this time period. The Appeal Chair will collect any additional information needed and all documentation regarding the approved grounds for appeal, and the subsequent responses and the Chair will render a decision within no more than three (3) business days, barring exigent circumstances. All decisions apply the preponderance of the evidence standard.

A Notice of Appeal Outcome will be sent to all parties simultaneously. The Notice of Appeal Outcome will specific the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanction(s) that may result which the College is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the College is permitted to share under state or federal law.

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records, or emailed to the parties’ college-issues email or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.

Sanctions Status During the Appeal

Any sanctions imposed as a result of the hearing are stayed (i.e., not implemented) during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above.

If any of the sanctions are to be implemented immediately post-hearing, but pre-appeal, then the emergency removal procedures for a show cause meeting on the justification for doing so must be permitted within 48 hours of implementation.

If the original sanctions include separation in any form, the College may place a hold on official transcripts, diplomas, graduations, course registration, etc. pending the outcome of the appeal. The Respondent may request a stay of these holds from the Title IX Coordinator within two (2) business days of the notice of the sanctions. The request will be evaluated by the Title IX Coordinator, whose determination is final.

Appeal Considerations

• Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s).  In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.
• Decisions on appeal are to be deferential to the original determination, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so.
• An appeal is not an opportunity for an Appeal Decision-maker to substitute their judgment for that of the original Decision-maker(s) merely because they disagree with the finding and/or sanction(s).
• The Appeal Chair may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained.
• Appeals granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker(s) for reconsideration.
• Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing).
• In rare cases where an error cannot be cured by the original Investigator(s) and/or Decision-maker(s), or the Title IX Coordinator (as in cases of bias). The Appeal Chair may order a new investigation and/or a new hearing with new persons serving in the Investigator and Decision-maker roles.
• The result of a remand to Decision-maker(s) cannot be appealed. The results of a new hearing can be appealed, once, on any of the three available appeal grounds.

In cases that result in reinstatement to the College or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

Following the conclusion of the Resolution Process, an in addition to any sanctions implemented, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the discrimination, harassment, misconduct, and/or retaliation, remedy the effects, and prevent reoccurrence. These remedies/actions may include, but are not limited to:

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

At the discretion of the Title IX Coordinator, certain long-term support or measures may also be provided to the parties even if no policy is found. When no policy violation is found, the Title IX Coordinator will address any remedies the College owes the Respondent to ensure no effective denial of educational access.

The College will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the College’s ability to provide these services.

All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-maker(s) (including the Appeal Chair).

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the College. Supervisors are expected to enforce completion of sanctions/actions for their employees.

A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.

The Title IX Support and Compliance Office is responsible for maintaining records relating to all reports and complaints of sex-based discrimination, sexual harassment, sexual misconduct, and the University’s response. Files will be kept in accordance with Saint Mary’s College record retention policy for a period of at least seven (7) years from the date of report or notice. Records may be maintained longer at the discretion of the Title IX Coordinator in cases where parties have a continuing affiliation with the College. All records pertaining to pending litigation or a request for records will be maintained in accordance with instructions from legal counsel.

The Title IX Support and Compliance Office has implemented the Record Maintenance and Access Policy to guide record management related to all reports and College responses related to reports of sex-based discrimination, sexual harassment, sexual misconduct, any situations specified in this Policy, and any and all records in accordance with state and federal laws. See Appendix E for the policy.

Saint Mary’s College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the College’s Resolution Process.

Anyone needing such accommodations or support should contact the Director of Student Disability Services, or Human Resources, who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

This Policy and procedures supersede any previous policies addressing sex-based discrimination, sexual harassment, sexual misconduct, and/or retaliation for incidents occurring on or after August 14, 2020, under Title IX and will be reviewed and updated annually by the Title IX Coordinator. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

During the Resolution Process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with notice (on the college website, with the appropriate effective date identified) upon determining that changes to law or regulation require Policy or procedural alterations not reflected in this Policy and procedures.

Policy effective date: August 1, 2024