Title IX - Prohibiting Discrimination and Sexual Harassment
Title IX - Prohibiting Discrimination and Sexual Harassment Policy
Effective Date: July 1, 2026
Board Approval: January 14, 2026
Revised: April 6, 2022, Jan. 14, 2026
1 Purpose
Tooele Technical College is committed to advancing knowledge, freedom of thought and inquiry, and the personal, social, and intellectual development of its students, faculty, and staff. An atmosphere of mutual respect among members of our academic community is necessary for the college to function as a center of academic freedom and intellectual advancement.
The college does not discriminate on the basis of sex in the education programs or activities that it operates, as required by Title IX and 34 C.F.R. part 106 and other applicable or successor laws, rules and regulations. The requirement not to discriminate in education programs or activities extends to admission and employment. Inquiries about the application of Title IX and its regulations to the college may be referred to the Title IX coordinator, to the Department of Education, Office for Civil rights, or both. The college prohibits sex discrimination, sexual harassment, and retaliation as defined in this policy herein. Violations of this policy include but are not limited to acts or attempts of dating and relationship violence; domestic violence; discrimination based on sex, pregnancy, pregnancy-related conditions, sexual orientation, gender identity, or gender expression; hostile environment based on sex, pregnancy, pregnancy- related conditions, sexual orientation, gender identity, or gender expression (including intimidation and hazing/bullying); sexual harassment; sexual assault (rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape); and stalking.
This policy is intended to reflect the college’s commitment to stopping and preventing sexual misconduct within the college community. Allegations of sexual misconduct involving students or employees should be referred to the college’s Title IX Coordinator for investigation and appropriate administrative action in accord with this policy.
2 References
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 - 1688
• Violence Against Women, 34 U.S.C. § 12291
• Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. §§ 106.1–106.71
• TTECH Student Due Process Policy
• TTECH Student Grievance Policy
• TTECH Student Code of Conduct Policy
3 Definitions
• Actual Knowledge- Notice of sexual harassment or allegations of sexual harassment to the college’s Title IX Coordinator or any official who has authority to institute corrective measures on behalf of the college. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the college with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the college.
• Advisor- A person who advises a Party throughout the process and may act as a representative at the hearing stage, including making an opening or closing statement, asking questions, and otherwise actively participating. An Advisor may, but need not be, an attorney. The Advisor is expected to abide by the Hearing requirements including civility. An Advisor who is disruptive may be excluded from an interview, hearing, or other proceeding. During the formal investigation or informal resolution process, an Advisor may only advise the student and may not actively participate in the process. If either party chooses to have an Advisor, the Advisor will also act as their support person. If either party does not have an Advisor during the grievance hearing, the college will provide that party with an Appointed Advisor, at no cost to the party. An Appointed Advisor is subject to the same rules and expectations of an Advisor but an Appointed Advisor will only ask questions on behalf of their Party, they will not act as a representative. A Party with an Appointed Advisor may bring a support person to the hearing.
• Complainant- An individual who is alleged to be the victim of conduct that could constitute sexual harassment
• Consent- Consent to engage in a sexual encounter must be given by all participating parties; must be clear, knowing, and voluntary; and may be given only by someone who is 18 years of age or older and is not mentally and/or physically incapacitated. Consent is active, not passive. Consent requires an affirmatively communicated willingness through words and/or actions to participate in sexual activity. Silence, in and of itself, may not be interpreted as consent.
• Discrimination- For purposes of this policy, adverse action towards the college employees or students in the terms or conditions of employment; admission or education on the basis of their inclusion or perceived inclusion (in the case of sexual orientation, gender identity, or gender expression) in the protected classes of sex, pregnancy, pregnancy-related conditions, sexual orientation, gender identity, or gender expression that has the effect of denying or limiting participation in a College program or activity.
• Emergency Measures- Actions taken to temporarily and immediately address a complaint of a Title IX violation. Emergency measures may include temporary no- contact order(s), changes in academic schedule(s), employee administrative leave(s), counseling, or other relevant actions. In extraordinary cases, a Respondent may be temporarily removed from campus prior to the outcome of the grievance process, provided that the college undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment that justifies removal, and provides the Respondent with notice and an opportunity to challenge the decision
immediately following the removal. In such circumstances, the process shall follow the suspension as expeditiously as possible.
• Preponderance of Evidence- The evidentiary standard used during a sexual misconduct investigation/review to determine if the allegations occurred and if a college policy violation has occurred. Preponderance of evidence means it is more likely than not, or more than 50 percent in favor, that the misconduct occurred as alleged.
• Respondent- An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
• Retaliation- Any form of sanction or adverse treatment of a person that is intended to restrain, or has the effect of restraining that person from any college program or activity, because the person made a sexual harassment complaint, or participated in any way in a sexual harassment investigation.
• Sexual Assault- As defined at 20 U.S.C. 1092(f)(6)(A)(v) and the uniform crime reporting system of the Federal Bureau of Investigation, sexual assault means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also, unlawful sexual intercourse, including rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape.
• Sexual Harassment- Making the provision of aid, benefit, or service of the college conditional on an individual’s participation in unwanted sexual conduct (quid pro quo); or unwanted sexual conduct that is so severe and pervasive and objectively offensive that it interferes with someone’s access to a college program or activity. Sexual harassment includes sexual violence, dating violence, domestic violence, and stalking.
• Stalking - Engaging in a course of conduct directed at the complainant, that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress.
• Supportive Measures- Nonpunitive individualized measures designed to restore or preserve access to the college’s programs or activities, protect the safety of all parties, provide support, and deter sexual misconduct or any form of harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
4 Procedures
4.1 Applicability
4.1.1 The college prohibits all TTECH employees, students, volunteers, and contractors from engaging in sexual harassment.
4.1.2 These procedures apply only to sexual harassment complaints, as defined by Title IX of the Education Amendments Act. Not all harassment and sexual misconduct complaints will qualify for Title IX protections. All other instances of sexual misconduct follow the procedures in other applicable policies.
4.2 Confidentiality
4.2.1 Unless required by law, the college will respect all participants’ confidentiality.
4.2.2 Any person who believes they are the victim of, or has knowledge of, sexual harassment is encouraged to report it directly to any of the following: their supervisor, the Title IX coordinator, or their vice president.
4.2.3 Individuals have broad discretion to determine whether to file a formal complaint, except for faculty, staff, and all supervisors. All persons are encouraged to inform and consult with the Title IX coordinator, especially if unsure or uncertain how to proceed. The Title IX coordinator will presume that each report is made in good faith.
4.2.4 Except for confidential employees, all employees who witness or receive a report of a potential instance of sexual harassment must inform the Title IX coordinator within two business days.
4.2.5 The Title IX coordinator will maintain and store the records of all complaints for a minimum of seven years to identify patterns and address instances of a culture of harassment. The complaint file is confidential.
4.3 Retaliation is Prohibited
4.3.1 The college strictly prohibits any form of retaliation against any person who has made a complaint, assisted with, or participated in an investigation under this policy.
4.3.2 Retaliation includes any form of corrective action or adverse treatment of a person because that person either complained about harassment or participated in an investigation of harassment.
4.3.3 The college will treat instances of retaliation as separate offenses to be thoroughly investigated and addressed.
4.3.4 Retaliation against a person who has made a report or participated in an investigation is prohibited and may be subject to corrective action or sanctions.
4.4 Reporting Sexual Harassment
4.4.1 Any person who thinks they have experienced or witnessed sexual harassment or retaliation should inform the college through one of the following methods:
4.4.1.1 submit an online reporting form;
4.4.1.2 discuss it with their first or second-level supervisor;
4.4.1.3 consult with the Title IX coordinator in person, by mail, telephone, or email;
Title IX Coordinator Patricia Walker (students)
Tooele Technical College, 88 S Tooele Blvd, Tooele, UT 84074 435-248-1840
Title IX Coordinator Michelle Davis (employees)
Tooele Technical College, 88 S Tooele Blvd, Tooele, UT 84074 435-248-1815
4.4.1.4 submit a report to the U.S. Department of Higher Education:
U.S. Department of Education–Denver Office
Office of Civil Rights (OCR)
Cesar E Chavez Memorial Building 1244 Speer Blvd., Suite 310 Denver, CO 80204-3582
Telephone: 303-844-5695
Fax: 303-844-4303
TDD: 800-877-8339
Email: OCR.Denver@ed.gov https://www.ed.gov/about/ed-offices/ocr
5 Supervisor and Staff Responsibilities
5.1 ensure and maintain a working environment free of intimidation, coercion, sexual harassment, and retaliation;
5.2 inform the Title IX coordinator promptly after witnessing or receiving a complaint of sexual harassment or retaliation;
5.3 make employees available to participate in an investigation;
5.4 in consultation with the supervisor, the Title IX coordinator, and the VP over that area, determine the appropriate corrective actions for violations of this policy; and
5.5 after imposing the corrective action, notify the appropriate vice president.
6 Confidential Employees
6.1 An employee is a confidential employee if they are a licensed medical, clinical, or
mental health professional or their staff when acting in their professional capacity. This is generally the health and counseling center staff.
6.2 Any person who thinks they may have experienced or witnessed sexual harassment or related retaliation may seek confidential counsel and support from a confidential employee. Confidential employees provide confidential support and counseling regarding sexual harassment or retaliation.
6.3 The college prohibits confidential employees from disclosing protected information communicated to the employee unless:
6.3.1 the individual gives written consent to the employee;
6.3.2 the confidential employee is reasonably concerned that the individual will cause serious
harm to themselves or others; or
6.3.3 the information involves suspected abuse, neglect, or exploitation of a person under 18 years old or a vulnerable adult.
7 Determination of the Appropriate Resolution Process Upon receiving a report, the Title IX coordinator will determine if the allegations, if proven, meet the definition of sexual harassment or retaliation under Title IX.
7.1 If the reported allegations meet the definition of sexual harassment or retaliation, the Title IX coordinator will consult with the complainant to determine whether they wish to file a formal complaint.
7.2 If the complainant wants to file a formal complaint, the Title IX coordinator will support the complainant in filing a formal Title IX sexual harassment complaint (section 4.4) and notify as appropriate:
7.2.1.1 an employee’s supervisor; or
7.2.1.2 Vice President over supervised area.
7.3 If the complainant does not want to file a formal complaint, the Title IX coordinator will determine whether, due to the severity of the allegation, the college must investigate under Title IX. If the Title IX coordinator determines the college must investigate, the Title IX coordinator will create and sign a formal Title IX sexual harassment complaint on behalf of the college and notify the appropriate parties.
7.4 The college will provide counseling, course-related adjustments, modified employment conditions, increased security, or other supportive measures designed to restore or preserve access to the college’s programs or activities to all persons, regardless of the creation of a formal complaint. The Title IX coordinator will provide victims with information regarding emergency services the college and other organizations offer.
7.5 If the reported allegations do not meet the definition of sexual harassment or retaliation, or if the alleged conduct did not occur in an TTECH educational program or activity within the United States, the Title IX coordinator will provide potential alternative remedies under other college policies and direct the person to the appropriate college resources.
7.6 A person may appeal the Title IX coordinator’s determination that the allegations do not meet the definition of sexual harassment or retaliation by following the appeals procedure in section 15 of this policy.
7.7 The Title IX coordinator will record each report alleging sexual harassment or retaliation.
8 Filing a Formal Complaint - A formal complaint is a document filed by a complainant or signed by the Title IX coordinator alleging sex discrimination, sexual harassment, or filed retaliation. A formal complaint may be filed by a complainant who is participating in or attempting to participate in an education program or activity of the college at the time of filing the formal complaint.
8.1 A formal complaint shall be filed with the Title IX coordinator in person, by mail, or by electronic mail, by using the contact information posted for the Title IX coordinator in section 4.4 above. The college shall maintain and supply a form to be used for formal complaints.
8.2 The formal complaint shall contain written notice of the allegations of sex discrimination, sexual harassment, or retaliation, including a concise statement describing the incident, when and where the misconduct occurred, why the complainant believes it violates the college policy, and a proposed resolution. The complainant shall be instructed to provide and preserve all corroborating or potentially relevant evidence in any format, list potential witness names, and sign the statement. From this information, the Title IX coordinator shall prepare a Notice of Investigation.
8.3 By filing a formal complaint, the complainant is giving consent for the Title IX coordinator, designated deputy coordinators, and/or investigators to discuss the information provided with other persons who may have relevant factual knowledge of the circumstances of the complaint, and is authorizing the collection and examination of all records and other documentation relevant to the complaint.
8.4 The Title IX coordinator may independently initiate a formal complaint and investigation if necessary to provide safe and nondiscriminatory educational programs and activities, unless doing so would be clearly unreasonable in light of the known
circumstances, The Title IX coordinator may consider a variety of factors, including a pattern of alleged misconduct by a particular respondent, in deciding whether to sign a formal complaint. When the Title IX coordinator signs a formal complaint, the Title IX coordinator is not a Complainant or otherwise a party under this policy and must remain free of bias or conflict of interest with respect to any party. In this situation, the complainant is treated as a party, though their right to not participate is protected.
8.5 Consolidation of Formal Complaints: The college may consolidate formal complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same or similar facts or circumstances.
8.6 Dismissal of the Formal Complaint: The college must investigate all allegations in a formal complaint unless the conduct alleged in the formal complaint:
8.6.1 Would not constitute sexual harassment as defined in this policy even if proved;
8.6.2 Did not occur in the college education programs or activities; or
8.6.3 Did not occur against a person in the United States.
8.7 If the conduct falls within the criteria outlined in 8.6, the college must dismiss the formal complaint with regard to that conduct for the purposes of Title IX; such dismissal does not preclude investigation or action under another provision of the college policy, rules or regulations.
8.8 The college may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing:
8.8.1 A Complainant notifies the Title IX coordinator in writing that the Complainant wants to withdraw the formal complaint or any allegations therein;
8.8.2 The Respondent is no longer enrolled or employed by the college; or
8.8.3 Specific circumstances prevent the college from gathering evidence sufficient to reach a determination as to the formal complaint.
8.9 Upon a required or permitted dismissal of the formal complaint, the Title IX coordinator shall promptly send written notice of the dismissal and the underlying reason(s) simultaneously to the parties.
8.10 Any party may appeal the dismissal of a formal complaint in accordance with section 15.0 of this policy.
9 Informal Resolution- For matters that proceed after the filing of a Formal Complaint, the college may offer an informal resolution process after a formal complaint is filed. Informal resolution may include a limited inquiry into the facts, but typically does not include an investigation. Informal resolution should be flexible enough to meet the needs of each case, and may include mediating an agreement between the parties, separating the parties, referring the parties to counseling programs, conducting targeted preventive educational and training programs, or providing remedies for the individual harmed by the offense.
9.1 The Title IX coordinator will appoint a facilitator.
9.2 The facilitator may:
9.2.1 conduct an inquiry to determine the facts;
9.2.2 make the parties aware that the Title IX coordinator can facilitate providing
supportive measures such as counseling, course-related adjustments, modified
employment conditions, increased security, or other supportive measures
9.2.3 facilitate the parties’ dialogue to a mutually agreeable resolution;
9.2.4 conduct a follow-up review, if agreed to by the parties, to ensure the parties are abiding by the accepted resolutions; or
9.2.5 take other actions appropriate to an informal resolution process.
9.3 If the informal resolution process results in an agreement:
9.3.1 the facilitator will prepare a written agreement incorporating all the agreed upon terms; and
9.3.2 the parties will sign the agreement, and each will receive a copy of the signed agreement.
9.4 The agreement must be approved through appropriate college personnel (e.g., supervisors if an employee and Vice President if a student).
9.5 Informal resolution processes are confidential.
9.6 A facilitator cannot provide subsequent investigation interviews, testify in a Title IX hearing, or serve in any other Title IX capacity on any formal complaint they resolved.
9.7 Any statements made by either party or their representatives during the informal resolution process may not be used in any subsequent formal process.
10 Formal Investigations- If a Complainant files a formal complaint or the Title IX coordinator signs a formal complaint, the college shall conduct a thorough, impartial investigation by interviewing witnesses, collecting documentary evidence, and preparing a written report of findings. When a Formal Complaint is filed, the Complainant consents to release their identity to the Respondent party. The purpose of the investigation is to establish whether there is a reasonable basis, based on a preponderance of the evidence, to conclude the Respondent violated this Policy. The college reserves the right to engage an outside investigator to conduct all or part of the investigation. Investigations under this policy shall incorporate the following standards.
10.1 The burden of proof and the burden of gathering evidence sufficient to reach a determination rest on the college and not on the parties.
10.1.1 The college shall not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the college obtains the party’s voluntary, written consent to do so for a grievance process under this policy.
10.2 The college shall presume the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
10.3 The college will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. This section notwithstanding,
10.3.1 Retaliation is prohibited. Attempts to alter or prevent a witness’s or party’s
testimony are forms of prohibited retaliation.
10.3.2 Parties may be directed to cease communications with one another (i.e., a “no contact order”).
10.3.3 Parties’ communications remain subject to state laws protecting against defamation and tortious invasions of privacy, such as intrusion upon seclusion, publication of private facts, and false light claims.
10.4 The college shall provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
10.5 Investigators or others shall not question the complainant about, or otherwise seek evidence, regarding the Complainant’s sexual predisposition or prior sexual conduct with anyone other than the respondent(s).
10.6 Parties may choose to be accompanied by an advisor of their choice, who may but need not be an attorney, to any related meeting or proceeding. The advisor may not disrupt the meetings or other proceedings or speak on behalf of the party. Generally, the advisor is limited to listening and quietly conferring with the party. If an advisor is disruptive even after warning, the investigator may exclude them from meetings.
10.7 At any time before or during the investigation, the investigator may recommend that the college provide support measures for the party or witness. Any individual’s intentional interference with support measures may be considered retaliatory and a separate violation of this Policy.
10.8 If either Party fails to participate in the investigation, the investigator(s) may make findings without the response of that party, potentially leading to an unfavorable outcome for that party, or the college may dismiss the case according to section 8.8.3 of this policy.
10.9 The college will provide to a party whose participation is expected or invited, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.
10.10 The college will provide each party with equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including all inculpatory or exculpatory evidence, whether relied upon or not in reaching findings, so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation.
10.11 The Title IX coordinator shall choose the investigator(s), except in cases where the Title IX coordinator or others involved in the investigation have a conflict of interest, in which case the college’s Counsel shall select an external impartial investigator(s).
10.12 Upon initiating an investigation, the college shall provide the parties with a copy of the formal complaint, a notice of investigation, and a copy of this policy. A notice of investigation shall include statements informing the parties that the Respondent is presumed not responsible for the alleged conduct and that a determination of responsibility is made at the conclusion of the grievance process; that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, and who may inspect and review evidence; and inform the parties of any provision in
the college’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during a grievance process.
10.13 If, at any point during the investigation, the college determines a need to investigate allegations not included in the formal complaint, the college must provide notice of the additional allegations to the parties, as known.
10.14 Upon conclusion of the evidence gathering, investigators will give complainant and respondent and their advisors an equal opportunity to review any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint, including evidence upon which the college does not intend to rely in reaching a determination of responsibility, whether inculpatory or exculpatory, in electronic or hard copy format.
10.15 The investigator(s) shall prepare a draft report that summarizes the complainant’s allegations and respondent’s responses, summarizes the relevant evidence and the material witnesses supporting or opposing the allegation(s), and includes recommended or proposed findings. In completing the draft report including any recommended or proposed, the investigator(s) shall consider any written response, information, or evidence provided by the parties.
10.16 The parties may submit a written response to the draft report to the investigator within ten business days of the date of the notice of the opportunity to review the draft report and evidence. This is the parties’ final opportunity to submit any additional information or witnesses. In the absence of good cause, investigators shall not consider information discoverable through the exercise of due diligence that is not provided to the investigator(s) at or before this juncture.
10.17 The investigator(s) shall then prepare a final investigation report that contains a statement of the allegations, the positions/responses of the parties, a summary of relevant evidence and material witnesses the investigator(s) relied on, and the proposed findings of facts. In completing the final investigation report, including any recommended or proposed finding, the investigator(s) shall consider any written response, information, or evidence provided by the parties.
10.17.1 A recommended decision of "unsubstantiated" indicates that the investigator concludes either that there is insufficient evidence to conclude that the event(s) occurred as alleged, or even if the event(s) occurred, it/they did not constitute sexual harassment or retaliation.
10.17.2 A recommended decision of "inconclusive" means that the investigator concludes the evidence did not reach a preponderance of evidence.
10.17.3 A recommended decision of "substantiated" means that the investigator concludes that a violation of the Policy has been established by a preponderance of evidence.
10.18 The Title IX coordinator, or designee, and the college’s Counsel shall review each draft investigation report or summary before it is finalized to ensure compliance with this policy.
10.19 The final investigation report shall be provided to the parties and their advisors, if any, in an electronic or hard copy format, at least ten days prior to any hearing under this
policy, for their review and written response.
10.20 The final investigation report shall be submitted to the responsible college administrator or designee with authority to implement actions and/or discipline necessary to resolve the complaint (unless a conflict of interest exists, in which case the college’s Counsel will recommend to the President a designee to serve as an alternative responsible the college administrator) and the Title IX coordinator. The final investigation report shall be kept in the investigation file and may be used as evidence in other related proceedings, such as subsequent complaints, disciplinary actions, and/or hearings or appeals.
10.21 Nothing in this procedure shall be interpreted to alter the status of otherwise at-will employees.
11 Hearings to Determine Responsibility for Sexual Harassment
11.1 Unless the parties have agreed to and successfully completed an informal resolution process, the college will conduct a live hearing to address a formal sexual harassment complaint.
11.2 The Title IX coordinator will appoint a qualified hearing officer and notify the parties of the choice. The hearing officer may not be anyone who acted as an investigator for the complaint, anyone who facilitated informal resolution, the Title IX coordinator, or a deputy Title IX coordinator.
11.3 The hearing officer will manage the hearing, including establishing deadlines for the parties to submit witness lists and documents intended to be introduced at the hearing.
11.4 The parties must have a personal advisor of their choice present at the hearing. If a party does not have an advisor:
11.4.1 The party must notify the Title IX coordinator at least 10 calendar days before the hearing; and
11.4.2 The college will provide an advisor from the pool of advisors at no cost to the party.
11.5 A party may have one personal representative attend the hearing for emotional support and transparency.
11.6 At the hearing, each party may be accompanied by their advisor and personal representative. If necessary, a translator or interpreter may accompany the party.
11.7 A party who intends to call an expert witness must notify the hearing officer and the other party in writing no later than five business days before the hearing date.
11.7.1 The notice must certify that the expert witness is qualified to offer opinions and provide a written report prepared and signed by the witness or party that includes:
11.7.1.1 the subject about which the expert witness will testify;
11.7.1.2 the substance of the facts and opinions to which the expert will testify;
11.7.1.3 a summary of the basis for each opinion; and
11.7.1.4 the witness’s qualification as an expert.
11.8 If any party refuses to attend a hearing, the college will conduct the hearing in the
party’s absence. The party’s advisor will represent the party’s interests.
11.9 Hearings must be in real-time and may be in person or virtual using equipment that simultaneously allows the hearing officer and the other party to see and hear the party or witness answering questions.
12 Hearing Logistics
12.1 All hearings will be audio or video recorded. The college will make the recordings available to the parties and their advisors for inspection and review.
12.2 All respondents are presumed not responsible for the alleged conduct.
12.3 The standard of proof for all sexual harassment, retaliation determinations, and appeals is a preponderance of the evidence.
12.4 Hearings will treat complainants and respondents equally.
12.5 The hearing officer will begin the hearing by giving the parties and advisors
instructions.
12.6 The lead investigator will present the findings of the investigation.
12.7 The hearing officer may allow advisors to give an opening or closing statement and may limit the time for a statement. The opportunity and time must be equal for both parties.
12.8 Only a party’s advisor or the hearing officer may ask questions of the other party
or witnesses; the parties may not question the other party or witnesses.
12.9 An advisor must ask only relevant questions, follow-up questions, or questions that challenge a party or a witness’s credibility. Advisors must ask questions verbally, directly, and in real-time.
12.10 Before a party or witness answers a question, the hearing officer must determine whether the question is relevant. The hearing officer’s decision is final.
12.11 If the hearing officer determines a question is not relevant, the hearing officer must explain the decision to exclude the question.
12.12 If any person’s behavior is disrespectful, hostile, or undignified, the hearing officer may warn or dismiss that person as the hearing officer deems appropriate.
12.12.1 If the hearing officer dismisses a party’s advisor for misconduct, or if the party asserts that the party’s advisor is not acting in the party’s interest, the hearing officer will:
12.12.1.1 Provide another advisor to act on the party’s behalf; and
12.12.1.2 Reschedule the hearing if necessary.
13 Determination of Responsibility
13.1 When the hearing is before a hearing officer, the hearing officer will determine
responsibility.
13.2 When determining if a respondent is responsible for the alleged conduct, the
hearing officer must:
13.2.1 presume that the respondent is not responsible for the alleged conduct;
13.2.2 evaluate all relevant evidence;
13.2.3 not base the credibility of the parties based on their status as complainant or
respondent in the hearing but only on the evaluation of the totality of the evidence presented at the hearing;
13.2.4 wait until the conclusion of the hearing; and
13.2.5 apply the appropriate preponderance of the evidence standard.
13.3 If a party or witness refuses to attend the hearing or submit to questions, the hearing
officer must not:
13.3.1.1 rely on any statement of the party or witness when deciding responsibility; and
13.3.1.2 draw inferences regarding responsibility based solely on the absence of a party or witness.
13.4 After the hearing officer determines the respondent’s responsibility, the hearing officer will draft a written decision that must identify the allegations of sexual harassment as defined in this policy.
14 Written Decision
14.1 If the hearing officer determines that the respondent is responsible for the conduct, within five business days of the hearing, the hearing officer will confidentially refer the written decision to the respondent’s supervisor and the Title IX Coordinator, as appropriate, to determine sanctions or corrective actions.
14.2 Within three business days of receiving the written decision, the respondent’s supervisor, in coordination with the Title IX Coordinator, will determine the sanctions or corrective action and inform the hearing officer of their decision.
14.3 The supervisor shall notify the appropriate Vice President before imposing the corrective action.
14.4 The hearing officer will include the sanction or corrective action in the written decision.
14.5 The written decision must:
14.5.1 Identify the allegations of sexual harassment as defined in this policy;
14.5.2 Include the procedural steps the college took from the receipt of the formal complaint to the determination, including:
14.5.2.1 Notifications to the parties;
14.5.2.2 Identifying interviews of parties and witnesses;
14.5.2.3 Information about site visits, if any;
14.5.2.4 Documents and evidence obtained;
14.5.2.5 The methods used to gather evidence;
14.5.2.6 Identifying any hearings held;
14.5.2.7 The facts that support the decision;
14.5.2.8 Conclusions regarding the application of the facts to the Employee and Student Code of Conduct policies allegedly violated;
14.5.2.9 A statement of the rationale for a decision for each allegation;
14.5.2.10 Corrective action or sanctions, if any, the college will impose on the respondent;
14.5.2.11 Any remedies designed to restore or preserve the complainant’s access to the college’s educational programs and activities; and
14.5.2.12 The grounds, time limit, and process for either party to appeal.
14.5.2.13 Within 20 calendar days of the hearing, the hearing officer must provide the written decision to both parties simultaneously. The time limit can be extended for a good cause.
14.5.2.14 The Title IX coordinator is responsible for coordinating the application of any remedies provided.
15 Appeals
15.1 Any party may appeal the hearing panel’s decision regarding responsibility or from the dismissal of any portion of a formal complaint for any of the reasons listed below.
15.1.1 A procedural irregularity that affected the outcome of the hearing.
15.1.2 New evidence that was not reasonably available at the time of the decision or dismissal.
15.1.3 The Title IX coordinator, the investigator(s), or the hearing officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome.
15.2 If the respondent has been determined responsible for sexual harassment, any party may simultaneously appeal the decision regarding sanctions for any the following reasons:
15.2.1 The decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome.
15.2.2 The sanction is clearly unreasonable in light of the known circumstances.
15.3 The Title IX coordinator must receive written notice of a party’s intent to appeal within 10 calendar days after the hearing officer issues the decision.
15.4 Upon receiving an appeal, the Title IX coordinator must notify the other party within five business days.
15.5 The Title IX coordinator must notify both parties of who will determine the appeal and that person’s contact information within five business days of receiving the appeal.
15.6 The person determining the appeal (“appeal officer”) is the cognizant vice president or their designee. The appeal officer must be free of any bias or conflict of interest with respect to any party.
15.7 The appeal officer must not be anyone involved in the grievance process before the appeal, including the sanctioning administrator.
15.8 The parties may submit a written statement to the appeal officer supporting or opposing the decision of the hearing officer and/or sanctions based upon the grounds set forth above.
15.8.1 The appeal officer must receive any written statements within ten (10) days from the hearing officer sending the notice to the parties.
15.9 The appeal officer will review all written statements, reports, evidence, and recordings and make a written decision.
15.10 The appeal officer’s written report may affirm or modify the hearing officer’s decision, remand the decision to the hearing officer, order a new investigation or overturn the decision.
15.11 The appeal officer will simultaneously issue a report to both parties detailing the decision and the rationale for the decision.
15.12 The appeal officer’s decision is final.
16 Record Keeping
16.1 The Title IX Office must maintain the following records for a period of seven years:
16.1.1 Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required by this policy, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the college’s education program or activity;
16.1.2 Any appeal and the result;
16.1.3 Any informal resolution and the result; and
16.1.4 All materials used to train Title IX coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
16.2 For each report to the Title IX coordinator of sexual harassment in the college’s education program or activity against a person in the United States, the Title IX Office must create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the Title IX Office must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the college’s education program or activity. If the college does not provide a complainant with supportive measures, then the Title IX Office must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the college in the future from providing additional explanations or detailing additional measures taken.
17 Training
17.1 Annual Title IX employee training is required by the college, as it receives federal funding and meets Title IX federal regulations. The training applies to all employees, not just those with formal Title IX roles, because the regulations require every employee to understand their role and responsibilities regarding sex discrimination.
17.1.1 All employees must complete training every year.
17.1.2 Initial training is required upon hire, with ongoing annual training thereafter.
17.1.3 Training content must include:
17.1.3.1 Scope of Title IX and prohibited behavior
17.1.3.2 Reporting duties and responsibilities
17.1.3.3 Campus policies for handling complaints
17.1.3.4 Resolution process and supportive measures
17.1.3.5 Investigation impartiality.
17.2 Annual training materials are made publicly available on the college’s website.