Title IX Policy

• TIX Coordinator will contact the complainant (even if that person is not the reporter) in a reasonably prompt time-frame …
  • To explain and discuss supportive measures and their availability
  • To consider the complainant’s wishes with respect to supportive measures
  • Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint (see the information below)
  • Explain to the complainant the process for filing a formal complaint and the grievance process which follows a formal complaint
• The College may remove a student respondent from the education program or activity on an emergency basis, only after:
  • Undertaking an individualized safety and risk analysis; and
  • Determining if an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and
  • Providing the respondent with notice and an opportunity to challenge the decision immediately following the removal while respecting all rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act, as applicable.
• Place a non-student employee respondent on administrative leave during the pendency of a grievance process under existing procedures, without modifying any rights provided under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

Complainant
An individual who is alleged to be the victim of conduct that would constitute sexual harassment.

A school must treat a person as a complainant anytime the school has notice that the person is alleged to be the victim of conduct that could constitute sexual harassment (regardless of whether the person themselves reported or a third- party reported the sexual-harassment or the complaint chooses to remain anonymous) and irrespective of whether the complainant ever chooses to file a formal complaint.

Respondent
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Consent is defined in MINNESOTA as

1. 1. Consent means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act.
   2. A person who is mentally incapacitated or physically helpless as defined by this section cannot consent to a sexual act.
   3. Corroboration of the victim’s testimony is not required to show lack of (Minnesota Statute 609.341 DEFINITIONS, subdivision 4.) [Note: for a full reading of this Minnesota Statute, see appendix.]Additional Applicable Definitions and Understandings Regarding Consent:Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create clear mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity.Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.Previous relationships or prior consent cannot imply consent to future sexual acts. In order to give consent, one must be of legal age (18).

      In some instances, because of a person’s power/authority, or the perception thereof, one individual may not be able to give consent to a given sexual encounter. For example, one individual who supervises another may not be able to obtain consent in an intimate encounter because the other person fears they might lose their job or status if they object to some or all aspects of the encounter. Power and authority may arise from a variety of areas including one’s size, strength or reputation within the College.

      Sexual activity with someone whom one should know to be — or based on the circumstances should reasonably have known to be — mentally or physically incapacitated (e.g., by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.

      Incapacitation
      A state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (i.e., to understand the “who, what, when, where, why or how” of their sexual interaction).

      This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including, but not limited to Rohypnol, Ketomine, GHB, or Burundanga, is prohibited, and administering one of these drugs to nother student is a violation of this policy.

      Force
      The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.

      Coercion
      Unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.

      When someone makes clear to you that they do not want sex or that they do not want to go past a certain point of a sexual interaction, continued pressure beyond that point can be coercive.

      Physical resistance (e.g., pushing someone away) is a clear demonstration of non-consent. The lack of physical resistance does not imply the individual consented to the sexual activity or event.

      Use of alcohol or other drugs will never function as a defense to a violation of this policy.

Formal Complaint

• A document filed by a complainant or signed by the TIX Coordinator alleging sexual harassment against the respondent and requesting that the school investigate the allegation of sexual harassment.
• A formal complaint may be filed with the TIX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the TIX Coordinator, and by any additional method the school designates.
• The phrase “document filed by a complainant” means a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.
• There is no time limit or statute of limitations on a complainant’s decision to file a formal complaint, other than that the complainant must be enrolled in the school’s education program or registered to be enrolled in said program.

Supportive Measures

• Non-disciplinary, non-punitive individualized service is offered as appropriate, as reasonably available, and without fee or charge to the complainant (alleged victim) or the respondent (alleged perpetrator) before or after the filing of a formal complaint, or where no formal complaint has been filed.
• All such measures are designed and intended to restore or preserve equal access to the school’s education program or activity without unreasonably burdening either party. Supportive measures are also designed to protect the safety of all parties and the school’s educational environment, and to deter continuing sexual-harassment.

• Supportive measures may include, but are not limited to:
  • Counseling
  • Extensions of deadlines or other course related adjustments
  • Modifications of work or class schedules
  • Campus escort services
  • Mutual restrictions and contact between the parties
  • Changes in work or housing locations on campus
  • Leaves of absence
  • Increased security and monitoring of certain areas of the campus
    Other similar measures
• The school must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the school to provide the supportive measures.

 

1. Quid pro quo
   • A benefit is directly tied to an unwelcome sexual advance
   • Sexual harassment that involves a proposed exchange of actions
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies equal access to the College’s education programs or activities
   • Gender-based sexual harassment
   • Sexual Exploitation/Sexual Misconduct occurs when a student/employee takes non- consensual or abusive sexual advantage of another.
   • Virtual sexual harassment
3. Clery Act and Violence Against Women Act crimes
   • Sexual assault – rape, fondling, incest, statutory rape
   • Dating violence
   • Domestic violence
   • Stalking
   • Hazing

Prohibited conduct in this policy includes harassment and discrimination, including but not limited to sexual discrimination, unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct or communications of a sexual nature on the basis of sex.

Sexual harassment may consist of repeated actions or may even arise from a single incident if sufficiently extreme. The complainant and the alleged perpetrator may be of either gender and need not be of different genders.

General examples include, but are not limited to: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual-based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.

Specific Examples of Sexual Harassment:

• A professor insists that a student have sex with him/her in exchange for a good This is harassment regardless of whether the student accedes to the request.
• A student repeatedly sends sexually oriented jokes around on an email list he/she created, even when asked to stop, causing one recipient to avoid the sender on campus and in the residence hall in which they both live.
• Explicit sexual pictures are displayed in a professor’s office, on the exterior of a residence hall door or on a computer monitor in a public space.
• A professor engages students in discussions in class about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. Professor probes for explicit details, and demands that students answer, though they are clearly uncomfortable and hesitant.
• An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend, turning him into a social pariah on campus.
• Displaying or transmitting unwelcome sexually suggestive electronic content, including inappropriate e-mails or postings on social media such as Facebook, Twitter, or Instagram;
• Stalking or cyberbullying another student;
• A student grabbed another student by the hair, grabbed her breast and then laughed about it as a joke.

Sexual Exploitation and Sexual Misconduct occurs when a student/employee takes non-consensual or abusive sexual advantage of another.

Examples of sexual exploitation and sexual misconduct include, but are not limited to:

• Invasion of sexual privacy
• Prostituting another student
• Non-consensual video or audio-taping or broadcasting of sexual activity
• Engaging in voyeurism
• Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation
• Physical assaults of a sexual nature, such as rape, sexual assault, sexual battery, molestation, or attempts to commit these acts
• The use or display in the classroom or workplace, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification
• Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person’s sexuality or sexual

Sexual activity with someone whom one should know to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated* (e.g., by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.

Sexual Assault is a particular type of sexual harassment that includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol, or the victim’s physical, mental or legal incapacity.

Non‐Consensual Sexual Contact *

• any intentional sexual touching,
• however slight,
• with any object,
• by a man or a woman upon a man or woman,
• that is without consent and/or by force**

*Sexual Contact includes: Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

**Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion.

Non‐Consensual Sexual Intercourse*

• any sexual intercourse
• however slight,
• with any object,
• by a man or woman upon a man or a woman,
• that is without consent and/or by

*Intercourse includes: vaginal or anal penetration by a penis, object, tongue or finger and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact

Stalking
The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• fear for his/her safety or the safety of others; or
• suffer substantial emotional

For the purposes of this definition—

• Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

• Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

The MINNESOTA State Statutes list the following definitions and criminal sexual misconduct categories on the Legislature’s website. See: https://www.revisor.mn.gov/statutes/?id=609.341

DOMESTIC VIOLENCE: The term “domestic violence” means

1. Felony or misdemeanor crimes of violence committed-
   1. By a current or former spouse or intimate partner of the victim;
   2. By a person with whom the victim shares a child in common;
   3. By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
   4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
   5. By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
2. For the purposes of complying with the requirements of this section and Minnesota Statute section 01, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Information on MINNESOTA Statutes regarding Domestic Abuse and Violence can be found at on the legislative website at https://www.revisor.mn.gov/statutes/?id=518B.01

DATING VIOLENCE: The term ”dating violence” means violence committed by a person

1. who is or has been in a social relationship of a romantic or intimate nature with the victim and
2. the existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition-
   1. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
   2. Dating violence, according to Minnesota law, includes acts covered under the definition of domestic violence.
3. For the purposes of complying with the requirements of this section and applicable Minnesota law any incident meeting this definition is considered a crime for the purposes of Clery Act MINNESOTA Statutes treat Dating Violence under the heading of Domestic Abuse and Violence

The TIX Coordinator must provide WRITTEN NOTICE to the parties who are known:

• Notice of the School’s GRIEVANCE PROCESS
• Notice of the school’s INFORMAL RESOLUTION PROCESS
• Notice of the allegations of sexual harassment including…
  • Identities of parties involved, if known
  • The conduct allegedly constituting sexual harassment
  • Date(s) and location(s) of alleged incidents
  • Statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process

Each party will also be notified about the following:

• They will have sufficient time to prepare a response before any meetings/interviews.
• Each party may have an Advisor of their choice, who may be, but is not required to be, an attorney, or an Advisor will be provided for them by the college, free of Each party, finally, must have an advisor throughout the grievance process.
• The prohibited retaliation among either the Complainant, the Respondent, or parties affiliated with the Complainant or the Respondent.

If at any point during the investigation the College discovers any further allegations that were not included in the initial notice, the College will provide notice of the additional allegation details to the parties in writing.

If a case is dismissed, parties will receive a written notice of dismissal with grounds for dismissal, as well as information on how to appeal the dismissal.

• The Title IX Coordinator assigns at least one (1) investigator to the case, two (2) if
• The investigators interview both parties and all witnesses and collect evidence that is relevant to the case.
• The investigators write a report of findings, which is shared with both The parties are allowed 10 business days to inspect the preliminary report and all evidence gathered and respond with any factual changes they want to be made.
• After factual changes and/or corrections are clarified, parties are allowed an additional 10 business days to review.
• The Investigator(s) assigned to the case will carry out an investigation without bias or prejudice. Audio recordings by investigators of any interviews are permissible as long as one individual is aware of the recording taking place. The burden of proof and responsibility for gathering evidence will rest on the College and not on either party. If multiple formal complaints arise from the same facts, the College may consolidate investigations at its discretion.

• The Complainant and Respondent, and witnesses, will be given written notice in advance of any interview with sufficient time to prepare for meaningful participation.
• As part of the investigation, the investigator(s) will seek separate interviews with the Complainant, the Respondent, and any witnesses to the greatest extent To help ensure a prompt and thorough investigation, interviewees are encouraged to provide as much of the following information as possible, such as:

• The name, department, and position/status of the person or persons in alleged violation of this policy.
• A description of any relevant incident(s), including the date(s), location(s), and
• The alleged effect of the incident(s) on the Complainant’s academic standing, educational benefits or opportunities, position of employment, salary, employee benefits, promotional opportunities, or other terms or conditions of
• The names of other students or employees who might have been subject to the same or similar discrimination, harassment, or retaliation.
• Any steps the Complainant has taken to try and stop the discrimination, harassment, or retaliation.
• Any other information the Complainant believes to be relevant to the alleged discrimination, harassment, or retaliation.
• Any information or exculpatory evidence the Respondent believes to be relevant to the alleged discrimination, harassment, or retaliation.
  • The final report is completed and parties are given 10 business days at a minimum to prepare before the live hearing.

A Note on Privileged Information
Information that is protected by doctor-patient confidentiality, marital status, attorney-client privilege, etc. shall remain protected during the Investigation and the Live Hearing unless it is voluntarily given by the party as evidence in the case.

A Note on the Conduct of Advisors during the Investigation
As noted above, each party will have an advisor of their own choosing, or if they are unable to obtain such, they will have an advisor appointed for them by the college. During the investigation, each party’s advisor may accompany and be a witness to any interview or meeting held by the investigators with that party. The advisor is not allowed to participate in the interview or meeting, or interrupt it in any way, but may simply observe.

A Note on Furnishing False Information
Prohibited Behavior:

• Furnishing false information to any College official, faculty/staff member, or Office;
• Furnishing false information in any College application or agreement that is required by the College no matter the time of discovery
• Knowingly bringing false charges against the student, faculty or staff member
• Knowingly providing false information during any investigation carried on by the college, g., investigations of academic integrity, conduct code/handbook violations, Title IX allegations.

A Note on Recording during the Investigation and Live Hearing
Audio or video recording of any proceedings are prohibited by any party other than the College throughout this process. The burden of proof and responsibility for gathering evidence will rest on the College and not on either party.

Prior to a live hearing, a pre-hearing meeting will take place with the Title IX Coordinator, the parties, and the advisors to clarify the hearing rules. During a live hearing, the Complainant and Respondent with their Advisors will agree to be in either one room, or two separate locations connected via video and audio, so that parties can see and hear each other in real-time. Either party can request that the live hearing occur with the parties located in separate rooms with technology enabling the Adjudicators and parties to simultaneously see and hear the party or the witness answering questions

Live hearings will be recorded and will be made available to the parties for inspection and review.

The hearing panel will be made up of three to four adjudicators, one serving as the Lead Adjudicator.

• Live hearings allow for cross-examination of both parties and any
• Questions are only asked by the Advisors and Adjudicators during the live
• Adjudicators determine the relevancy of each question before it is answered.
  • Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior 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 with respect to the respondent and are offered to prove consent.
• Complainant and Advisor will appear before the panel first, the panel will ask questions, Complainant’s Advisor will ask questions of the Respondent and any witnesses they
• Once this is completed, the Respondent and Advisor will appear before the panel, the panel will ask questions, Respondent’s Advisor will ask questions of the Complainant and any witnesses they wish.
• Advisors will be limited to asking questions that their advisee (Complainant or Respondent) wishes them to Cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.
• If either party or any witness refuses to answer even one question during cross- examination, no part of their statements during the hearing or during the investigation can be used by the Adjudicators to make a determination of responsibility regarding the allegation
  • In such a case, however, the Adjudicators cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
• At the conclusion of the live hearing, the Adjudicators will meet to deliberate and come to a final determination. A written final determination (with sanctions/remedies included when the respondent is found responsible for violations) will be provided to the parties.

• The Live Hearing Protocol can be found in the appendix to this policy document.

The Adjudicator panel will meet following the conclusion of the live hearing in order to reach a determination of responsibility within a reasonably prompt time frame. When they have determined if College policy/policies have been violated, they will then decide which remedies/sanctions to assign. Written notice of their determination will be sent out to the parties simultaneously. The written notice of determination will include:

• • Identification of the allegations potentially constituting sexual harassment as defined in Title IX regulations and this policy.
  • A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held, ,
  • Findings of fact supporting the determination,
  • Conclusions regarding the application of the College’s code of conduct (specifically this policy) to the facts,
  • A statement of, and rationale for, the result as to each allegation, including:
    • any disciplinary sanctions the College imposes on the respondent; and
    • whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

The Title IX Coordinator is responsible for effective implementation of any remedies

Either party may appeal a dismissal of the allegation or a final determination of violation/no violation solely upon the following grounds:

• A procedural error in the formal grievance process
• New evidence that was not previously available
• Conflict or bias of College officials involved in the grievance process that impacted the outcome

To complete the appeal process:

1. Review the rationale for appeal as outlined above and write a letter or email that states clearly in the opening paragraph the reason(s) you believe an appeal is warranted. Use the following paragraph(s) to expand or substantiate the reason(s) for the appeal or grievance, including a summary of any evidence you would like to be considered in the review
2. Attach any supporting documentation that may be supportive to the
3. Send the appeal material to the Title IX Coordinator within 10 business days after receiving the findings of the Hearing Board The Title IX Coordinator will forward the appeal to the appeal officer.
4. The College will notify the other party in writing when an appeal is filed and will ensure that the decision-maker(s) for the appeal is not the same person as the Adjudicator(s) that reached the determination regarding responsibility or dismissal, the Investigator(s), or the Title IX Coordinator.
5. Both parties have the right to submit a written statement in support of, or challenging the appeal or its outcome.
6. As stated above, the determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

The appeal form can be found in the Appendix.

Standard of Evidence
The standard used to determine whether this policy has been violated is whether it is more likely than not that the Respondent violated this policy. This is often referred to as the “Preponderance of Evidence” standard.

Objective Evaluation of Evidence
Title IX team members will be assigned to cases after determination that they do not have a conflict of interest in the case. Team members participate in annual training on objectively evaluating evidence and avoiding bias.

Dismissal of Allegation
An allegation must be dismissed as pertaining to Title IX if it:

• Does not fall under definition of sexual harassment
• Did not occur in the college’s program or activity
• Did not occur in the United States
• If at the time of filing a formal complaint, a complainant is not participating in or attempting to participate in the education program or activity of the recipient.

A case may be dismissed as pertaining to Title IX if:

• Complainant requests dismissal in writing
• Respondent is no longer a student or employee
• Or determination cannot be made due to specific circumstances, for example, circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

If a case is dismissed, all parties will be notified in writing of the dismissal, whether it was mandatory or discretionary, and of their right to appeal the dismissal.

Referral
The Title IX Coordinator may refer any/all of the matter for consideration under another applicable College policy or procedure (Student Conduct System, Human Resources, etc.) in the event that a complaint is dismissed for purposes of Title IX.

Consolidation of Complaints
Complaints may be consolidated if there are multiple parties with complaints and/or there are cross claims of the same allegation.

Range of Sanctions and Remedies
Any violation of this policy involving students, faculty, staff, or other employees of the College is subject to the policy and procedures as stated in this document and is not governed by any other employee or student handbook or policy. The College will take steps to prevent the recurrence of any harassment or other discrimination and to remedy the discriminatory effects on the Complainant (and others, if appropriate).

The Decision Makers will review the information gathered during the investigation process and live hearing to determine the outcome, which may include “no violation” or “in violation” and the application of one or more sanctions or remedies.

The range of potential sanctions/remedies may include, but is not limited to, one or more of the following:

• no contact order,
• campus housing restrictions,
• academic course/class/schedule restrictions,
• campus event restrictions,
• campus leadership restrictions,
• advising restrictions,
• teaching restrictions,
• probation,
• community service,
• education, training, counseling
• suspension, or

The College also may take any other corrective action that it deems appropriate under the circumstances.

Employees and/or students who are found to have violated this policy will be subject to disciplinary action up to and including expulsion or dismissal.

Faculty and staff who are found to have violated this policy will be subject to disciplinary action up to and including discharge or termination.

Guests and other third parties who are found to have violated this policy will be subject to corrective action deemed appropriate by the College, which may include removal from College property and termination of any contractual or other arrangements.

When the College is unable to offer resolution to an alleged violation of this policy because a Complainant insists on confidentiality or for some other reason, the College will nonetheless take steps to limit the effects of any actions that violate this policy and will work to prevent any recurrence of violation.

Retaliation
Retaliation exists when action is taken against a participant in the complaint process that (i) adversely affects the individual’s employment or academic status and (ii) is motivated in whole or in part by the individual’s participation, or lack thereof, in the complaint process.

No individual involved in a complaint alleging a violation of this policy or participating in the investigation, adjudication or resolution of such a complaint shall be subject to retaliation as a result of such activity or participation. Any acts of retaliation shall be grounds for disciplinary action, up to and including expulsion/dismissal for students and termination/dismissal for faculty and staff.

• Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by title IX or this part, constitutes
• The exercise of rights protected under the First Amendment does not constitute
• Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute retaliation as long as a policy recognizes that determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Complaints alleging retaliation may be filed with the Title IX Coordinator by signing and filing a written letter of complaint outlining the retaliatory behavior.

The College will provide training for Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, as applicable, on:

• The definition of sexual harassment in 106.30
• The scope of the recipient’s education program or activity
• How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes
• How to serve impartially, by avoiding prejudgment of the facts at issue, conflicts of interest, and bias
• Any technology to be used at a live hearing
• Issues of relevance of questions and evidence
• Issues of relevance to create an investigative report that fairly summarizes relevant

Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

Materials that have been used for training purposes include:

The College will maintain the confidentiality of the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.