This Sexual Misconduct Adjudication Addendum, for non-Title IX sexual misconduct matters, is a supplement to the Community Standards Adjudication Process, the Staff Grievance Policy, and the Faculty Grievance Process. Where language between this addendum and these processes differ, this addendum governs. The College retains the discretion to resolve ambiguities regarding whether this addendum applies in any particular matter.
- Parties shall be provided equal opportunity to inspect and review information obtained as part of an investigation that is directly related to the allegations brought forward in the adjudication.
- Decision-makers and investigators will receive not less than annual training on issues related to sexual misconduct, investigatory procedures, and hearing procedures, where applicable.
- Presumption of Non Responsibility:
There is a presumption that the persons accused of violating the College’s Nondiscrimination and Harassment Policy are not responsible for the alleged conduct until a determination on the matter is made at the conclusion of the relevant process.
Parties to a sexual misconduct adjudication may be supported by an advisor of their choice. The College retains the discretion to set rules regarding an advisor’s participation in the process.
- Standard of Evidence: The following standards of evidence will be used in resolving charges of non-Title IX sexual misconduct:
- Charges against students: Resolved by the Community Standards Adjudication Process using the preponderance of the evidence standard.
- Formal complaints against staff: Resolved by the Staff Grievance Policy using the preponderance of the evidence standard.
- Formal complaints against faculty members: Resolved by the Faculty Grievance Process using the clear and convincing standard.
- Information Presented For Resolution of Complaint:
- Parties to a grievance shall have an equal opportunity to present information and/or witnesses. In cases where the College is the moving party, the person(s) aggrieved by the alleged behavior may serve as a witness and shall have equal opportunity to present information and/or other witnesses.
- Parties will receive timely and equal access to relevant information that will be used to determine the outcome of the formal complaint.
- The College retains the discretion to limit the use of certain information including, but not limited to, the use of information related to a party’s prior sexual history and character evidence.
- Parties shall not verbally question each other during any phase of the adjudication process.
- Notification of Outcome:
Parties to a non-Title IX sexual misconduct adjudication shall be informed, in writing, of the results of the adjudication not later than seven business days after a final determination of the complaint, not including any time for an appeal, unless there is good cause for the delay. Any delays shall be communicated to the parties. The notification of outcome will include information regarding the process for appealing the decision, if applicable.
- Confidentiality: The College will not disclose the identity of the parties, except as necessary to carry out disciplinary proceedings or as permitted under state or federal law.