Title IX Grievance Procedures

Reports of Sexual Misconduct may be disclosed directly by the Complainant, by a bystander who observed or heard about the alleged misconduct, or may be made anonymously.

When a report is received, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures (available with or without filing a Formal Complaint), consider the Complainant’s wishes with respect to Supportive Measures, and explain the process for filing a Formal Report.

If the Complainant chooses not to file a Formal Complaint, the Title IX Coordinator may choose to do so. In these cases, the Title IX Coordinator will sign the Formal Complaint, and MLC will notify the Complainant before proceeding. The Title IX Coordinator will advise the Complainant that they do not have to participate in the process. The Title IX Coordinator signing the Formal Complaint does not make the Title IX Coordinator a party to the Complaint Resolution process or adverse to the Respondent.

If the Complainant or the Title IX Coordinator chooses to file a Formal Complaint, such Formal Complaint will be handled in accordance with the following Formal Complaint Resolution Process.

A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail as outlined in the Sexual Misconduct Policy. Receipt of a Formal Complaint begins the Complaint Resolution Process. If MLC receives the Formal Complaint, and the Title IX Coordinator did not meet with the Complainant beforehand, the coordinator will meet with the Complainant as described in Section 1.

Written Notice of Allegations
When the Title IX Coordinator has received a Formal Complaint, the Title IX Coordinator will assess the Formal Complaint to determine if it states any allegations of Sexual Misconduct. If the Formal Complaint alleges Sexual Misconduct, the Title IX Coordinator will provide a Written Notice of Allegations to the known parties. The Notice includes:

• Notice of MLC’s grievance process;
• Notice of MLC’s informal resolution process;
• Notice of the allegations of Sexual Misconduct, including
  • Identities of the known parties involved;
  • The conduct allegedly constituting Sexual Misconduct;
  • Date(s) and location(s) of the alleged incident;
  • 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;
  • The right to an Advisor* of choice, who may be, but is not required to be, an attorney;
  • The ability to inspect and review evidence in connection with the Formal Complaint;
  • Obligation to promptly notify the Title IX Coordinator if at any time they believe the Title IX Coordinator, Investigator, facilitator of any Alternative Resolution Process, Hearing Officer, or Appellate Officer has a conflict of interest or bias;
  • Prohibition of retaliation;
  • Prohibition of knowingly making false statements or knowingly submitting false information during the grievance

If, during the course of an investigation, MLC decides to investigate allegations about the Complainant or Respondent that were not included in a previous written notice, it will provide notice of the additional allegation to known parties.

*Advisor Information and Role
Each party may be accompanied to any meeting, interview, hearing, or other proceeding under this Policy by one Advisor of the party’s choice, who may be, but is not required to be, an attorney.

The Advisor may provide support, guidance, and consultation to the party and may privately confer with the party during meetings and proceedings. Except as expressly permitted by this Policy, Advisors may not answer questions on behalf of a party, make statements for a party, present evidence, question witnesses, or otherwise disrupt the process.

In matters subject to the Title IX Grievance Process that require a live hearing, each party’s Advisor must conduct cross-examination. Parties may not personally conduct cross-examination. If a party does not have an Advisor present at the hearing, the College will provide an Advisor, without fee or charge, solely for the purpose of conducting cross-examination on that party’s behalf.

Parties may change Advisors at any time by notifying the Title IX Coordinator. The College will make reasonable efforts to accommodate Advisors’ schedules, but will not unreasonably delay proceedings due to an Advisor’s availability.

Advisors are expected to comply with the College’s Rules of Decorum. An Advisor who fails to comply may be removed from a meeting or hearing. If removal occurs during a Title IX hearing and the party is left without an Advisor, the College will appoint a replacement Advisor as necessary to comply with applicable law.

Meeting with the Respondent
The Title IX Coordinator meets with the Respondent after receiving the Formal Complaint.

Prior to the initial meeting, the Title IX Coordinator will send the Respondent 1) Notice of Meeting, 2) Notice of rights, and 3) No-contact directive (if applicable)

During the meeting, the Title IX Coordinator will:

• Notify the Respondent of the complaint and alleged Policy violations;
• Provide the Respondent with an explanation of the Complaint Resolution process;
• Notify the Respondent of the importance of preservation of evidence;
• Notify the Respondent of any supportive/interim measures that have been put in place that directly relate to the Respondent (i.e., no-contact order);
• Notify the Respondent of available supportive/interim measures;
• Provide the Respondent with information about on and off-campus resources;
• Inform the Respondent of the right to have an Advisor of choice, as applicable under this Policy;
• Explain the College’s Policy prohibiting retaliation; and
• Provide the Respondent with the list of available

Grounds for Dismissal
If the Title IX Coordinator determines that the report or Formal Complaint, even if substantiated, would not constitute sexual harassment, they may dismiss the matter or refer it to another applicable disciplinary procedure. An allegation must be dismissed as pertaining to Title IX if it:

• Would not fit within the definition of sexual harassment;
• Did not occur in an education program or activity of the school
• Did not occur in the S.
• The Complainant is not participating in or attempting to participate in the College’s education program or activity.

A dismissal under this section does not prevent the College from addressing the alleged conduct under another College policy, including policies addressing Sexual Misconduct, student conduct, employee conduct, or other applicable standards.

If a complaint is dismissed, the parties will be notified of that determination, and the Complainant will be informed of other procedures for resolving the complaint and of other resources that may be available.

If, at any time after the filing of a Formal Complaint: 1) the Title IX Coordinator is notified by the Complainant in writing that they wish to withdraw the Formal Complaint; 2) the Respondent is no longer enrolled or employed at MLC; or 3) specific circumstances prevent MLC from gathering evidence sufficient to reach a determination; then MLC may dismiss the Formal Complaint in whole or in part.

If a case is dismissed, the parties will receive a written notice of dismissal that includes the grounds for dismissal and information about the appeal process.

Following a Formal Complaint, the College may facilitate an informal resolution process at any time before reaching a determination of responsibility. The College will never require the parties to participate in an informal resolution process. Further, it will not condition enrollment/continuing enrollment, employment/continuing employment, or enjoyment of any other right upon the waiver of the right to an investigation and adjudication of a Formal Complaint.

Appendix A: Informal Resolution Process  provides more information about the Informal Resolution Process, including when it is appropriate.

After determining that an investigation is warranted, MLC will begin the investigation process. If multiple Formal Complaints arise from the same facts, MLC may consolidate investigations at its discretion. MLC will bear the burden of proof and responsibility for gathering evidence, not either party.

The Complainant and Respondent will be given an equal opportunity to present witnesses they believe should be interviewed, and other inculpatory and exculpatory evidence. The parties will be informed of the close-of-evidence date. Both parties must submit any and all information and evidence they would like considered as part of the investigation by the close of evidence date. No evidence may be submitted after this date unless the Investigator(s), in consultation with the Title IX Coordinator, determine otherwise.

The Title IX Coordinator will assign at least one (1) Investigator to the case, two (2) if possible.

• MLC will ensure the Investigator(s) have received appropriate training, are impartial, and are free of any conflict of interest or bias in favor of or against either
• The parties will receive written notice of the Investigator(s) appointed. If any party has a concern that the Investigator(s) has/have a conflict of interest, the party should report the concern in writing to the Title IX

The Investigators conduct the investigation in a manner appropriate for the circumstances of the case. Investigations may include:

• Interviews* of both parties and all witnesses. The Complainant, 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 possible. To help ensure a prompt and thorough investigation, interviewees are encouraged to provide as much of the following information as possible:
  • 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 witnesses.
  • 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 employment.
  • 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 to stop the discrimination, harassment, or retaliation, if any.
  • 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.
• Collection of physical, documentary, or other evidence that is relevant to the case;
• The Complainant and Respondent may advise the Investigator of any witnesses they believe should be interviewed* and any inculpatory or exculpatory evidence, including, for example, emails, text messages, photographs, video surveillance, and/or other physical, documentary, or other evidence. Witnesses suggested by the Complainant or Respondent may be interviewed at the Investigator(s)’ discretion.

*Audio recordings of interviews by Investigators are permissible as long as one individual is aware that the recording is taking place.

Evidence Review
After the Investigator(s) have gathered evidence, both parties (and any Advisor) will be given the opportunity to inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint. The Title IX Coordinator will send the evidence to each party and each party’s Advisor in electronic or hard-copy format.

• The parties are allowed ten (10) calendar days to inspect the evidence and provide a written response to such
• Any written response(s) will be considered by the Investigator and may be further investigated before completing the Investigative
• If the Investigator(s) make substantive changes to the report based on the written responses, parties will be given a reasonable opportunity to respond to the added

The parties and parties’ Advisors may use the evidence reviewed at this step only for purposes of participating in the Complaint Resolution process and are prohibited from disseminating or otherwise sharing the evidence with any other individual.

Note: Evidence provided to the parties for inspection and review is furnished solely for purposes of the College’s Title IX grievance process. Before receiving access to the evidence, the College may require the parties and their Advisors to acknowledge in writing that the evidence will be used only for purposes of the grievance process and will not be publicly disclosed or disseminated except as permitted by law or as reasonably necessary to participate in the process, obtain legal or other professional advice, or exercise legal rights.

Nothing in this Policy restricts a party’s ability to discuss the allegations under investigation or to participate in any governmental or legal proceeding.

Investigation Report
After the evidence review process is complete, the Investigator(s) prepare the Investigation Report. It will fairly summarize the relevant evidence. The Investigation Report will be forwarded to the Title IX Coordinator, who will review the Investigation Report and has the discretion to ask the Investigator(s) for clarification, additional investigation, and/or to have information added, removed, or redacted from the Investigation Report.

In the event a Formal Inquiry proceeds to a Hearing, the Investigation Report will be sent to both the Complainant and Respondent (and any Advisor). The report will be sent at least ten

(10) calendar days before the hearing for review and response.

Notes to the Investigation Process:

• • • Privileged information (i.e., protected by doctor-patient confidentiality, marital status, attorney-client privilege, etc.) shall remain protected during the Investigation and the Live Hearing unless the person holding the privilege has provided voluntary, written consent to waive the privilege.
    • All participants in the Title IX process are expected to provide truthful and accurate information to the best of their Knowingly making a materially false statement, knowingly submitting fabricated evidence, or intentionally providing false information during a Title IX proceeding may constitute a violation of College policy and may result in disciplinary action, independent of the outcome of the Title IX process.

A determination that the evidence does not establish a policy violation, a finding of no responsibility, or the existence of inconsistent statements alone does not establish that a party or witness knowingly provided false information or made a false report.

• • Audio or video recording of any proceedings is prohibited by any party other than the College throughout this The College, not either party, bears the burden of proof and responsibility for gathering evidence.

If a Formal Complaint proceeds to a hearing under these Procedures, the College will conduct a live hearing before an impartial Decision-Maker. The purpose of the hearing is to provide the Decision-Maker with the opportunity to evaluate the evidence, hear relevant testimony,

determine the relevance of proposed questions, and reach a determination regarding responsibility based on the preponderance of the evidence.

The hearing will be conducted by a Decision-Maker who did not serve as the Title IX Coordinator, Investigator, or Advisor in the same matter and who has received appropriate Title IX training. The Decision-Maker is responsible for maintaining order during the hearing, ruling on the relevance of questions, and issuing the written determination.

Participants
The following participants may attend the hearing:

• Complainant
• Respondent
• Advisors: Each party may be accompanied by one Advisor of the party’s choice. If a party does not have an Advisor present, the College will provide an Advisor, without fee or charge, solely to conduct cross-examination.
• Decision-Maker
• Title IX Coordinator (optional)
• Witnesses
• Interpreter or other disability accommodation provider
• Other persons approved by the Decision-Maker

Format
At the College’s discretion, the hearing may be conducted in person or via technology that allows all participants to see and hear one another simultaneously. At the request of either party, the College will provide separate rooms with technology that enables participants to see and hear one another simultaneously.

Recording
The College will create an audio or audiovisual recording or transcript of the hearing and will make it available to the parties for inspection and review.

Order of the Hearing

1. Opening remarks by the Decision-Maker
2. Explanation of procedures
3. Investigator’s summary of the investigation
4. Complainant testimony
5. Respondent testimony
6. Witness testimony
7. Questioning by the Decision-Maker
8. Cross-examination by Advisors
9. Closing statements (optional)
10. Deliberation

Questioning and Cross-Examination
After the Decision-Maker asks any appropriate questions, each party’s Advisor will have the opportunity to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Parties may not personally conduct cross-examination.

Before a party or witness answers a question posed during cross-examination or otherwise, the Decision-Maker will determine whether the question is relevant and explain any decision to exclude a question as not relevant.

Questions and evidence regarding a Complainant’s sexual predisposition or prior sexual behavior are not relevant unless:

• offered to prove that someone other than the Respondent committed the alleged conduct; or
• concern specific incidents of the Complainant’s prior sexual behavior with the Respondent, and are offered to prove

Absence or Refusal to Answer
The Decision-Maker will not draw an inference regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer questions. However, the Decision-Maker may consider such refusal or absence when determining how much weight to give the party’s / witness’s account or the credibility of their account.

Parties may share questions they would have asked the absent party or witness at the hearing. Deliberation (Decision-Making Process)

After the hearing concludes, the Decision-Maker will independently review all relevant evidence presented during the investigation and hearing before determining responsibility. The Decision-Maker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence, and will make findings of fact based on the evidence presented.

The Decision-Maker may assess the credibility and reliability of parties and witnesses based on factors such as consistency, plausibility, corroboration, demeanor (where appropriate), and the totality of the evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

The Decision-Maker will determine whether the Respondent is responsible for a violation of the Policy using the preponderance-of-the-evidence standard. A finding of responsibility will be made only if the Decision-Maker concludes that it is more likely than not that the alleged conduct occurred and constituted a violation of the Policy.

If, after reviewing the evidence presented, the Decision-Maker determines that additional relevant information is necessary before reaching a determination, the Decision-Maker may temporarily suspend deliberations and remand the matter to the Investigator for further investigation on specified issues. After completing the additional investigation, the parties will be provided with any newly gathered evidence and afforded any procedural rights required by these Procedures before the matter returns to the Decision-Maker.

The Decision-Maker’s deliberations are confidential and are not part of the hearing record. Only the written determination constitutes the official decision of the College.

After the Decision-Maker arrives at a determination, the College prepares a Written Notice of Determination. Both the Respondent and the Complainant shall be simultaneously informed, in writing of:

• an identification of the allegations;
• a description of the procedural steps taken from the receipt of the Formal Complaint through the determination;
• findings of fact supporting the determination;
• conclusions regarding the application of the Policy to the facts;
• a statement of, and rationale for, the result as to each allegation, including any disciplinary sanctions imposed on the Respondent and any remedies provided to the Complainant;
• the procedures and permissible grounds for

The College will provide the parties with at least 24 hours’ advance notice of the date and anticipated time of release of the written determination, unless circumstances require a shorter notice. The notice will identify when and how the parties can expect to receive the written determination.

Timing of Written Determination Release
The College will make reasonable efforts to deliver the written determination during regular business hours. The College will not intentionally release an outcome at the end of a business day, on a weekend, or on a College holiday, when doing so would prevent a party from reasonably accessing College personnel or resources to understand or respond to the outcome.

If circumstances require the College to release an outcome outside regular business hours, the College will provide information about available resources and the party’s available rights and options.

Either party may appeal a dismissal of the allegation or a final determination of violation/no violation within five (5) calendar days after receiving the Notice of Determination. Appeals may be made solely upon the following grounds:

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

Appeal Process

1. A party wishing to appeal must submit a written appeal within five (5) calendar days after receiving the written determination or The appeal may include statements that:
   1. Review the rationale for the appeal as outlined
   2. Identify the specific ground(s) for
   3. Explain how the identified ground(s) affected the
   4. Include a summary of any new evidence you would like to be considered in the review process (if new evidence became available).
   5. Attach any supporting documentation that may be supportive of the
   6. Send the appeal material to the Title IX
2. The Title IX Coordinator will provide written notice to the other party, including a copy of the appeal submission.
3. The non-appealing party will have five (5) business days to submit a written
4. Appeals will be reviewed by an impartial Appellate Decision-Maker who:
   1. did not serve as the Investigator, Title IX Coordinator, or Decision-Maker in the underlying matter;
   2. does not have a conflict of interest or bias; and
   3. has received appropriate Title IX

Scope of Review and Appeal Outcomes
The Appellate Decision-Maker will review the written appeal, any response submitted by the other party, and the relevant portions of the record. The Appellate Decision-Maker will not

conduct a new investigation or substitute their judgment solely because they would have reached a different conclusion.

The Appellate Decision-Maker may:

• affirm the determination or dismissal;
• reverse the determination or dismissal;
• modify the outcome where appropriate; or
• remand the matter to the Investigator or decision-maker for further

The Appellate Decision-Maker will issue a written decision describing the result of the appeal and the rationale for the decision. The written appeal decision will be provided to both parties simultaneously.

The determination of responsibility becomes final upon issuance of the written appeal decision or, if no appeal is filed, upon expiration of the appeal deadline.

The Title IX Coordinator is responsible for effectively implementing any remedies.

*When a Respondent is found not responsible for a Policy violation, but nevertheless is found to have engaged in inappropriate conduct—for example, inappropriate remarks that do not rise to the level of a violation of this Policy—the College may, in its discretion, require the Respondent to receive appropriate education and/or training. The College may also recommend counseling or other support services for the Respondent.

Purpose of Informal Resolution
Informal Resolution is a voluntary, flexible process that allows the parties to resolve allegations without completing the formal grievance process. Informal Resolution may include facilitated dialogue, restorative practices, negotiated agreements, acceptance of responsibility, or other remedies designed to resolve the allegations. Supportive measures remain available to either party throughout the Informal Resolution process.

Informal Resolution may be offered at any time after a Formal Complaint has been filed and before a determination of responsibility is made.

When Informal Resolution May Be Offered
The College, through the Title IX Coordinator, retains sole discretion to determine whether Informal Resolution is appropriate and is not required to offer Informal Resolution in every case. The Title IX Coordinator determines if an Informal Resolution (hereafter IR) is appropriate given the allegations. Factors that the Title IX Coordinator may weigh in considering the appropriateness of the IR process include, but are not limited to,

• The gravity of the allegations;
• Whether there is an ongoing threat of harm or threat to the safety of the campus and campus community;
• Whether the Respondent is a repeat offender;
• Whether there are allegations involving coercion or abuse of authority;
• Whether there is a significant power

IR will not be offered to resolve allegations that an employee engaged in Title IX Sexual Harassment against a student.

Written Notice and Voluntary Consent
Before initiating IR, the College will provide both parties with written notice describing:

• the allegations;
• the requirements of the IR process;
• any consequences resulting from participation;
• the circumstances under which information obtained during the process may be used in a formal grievance process;
• that either party may withdraw prior to signing a final agreement; and
• that both parties must voluntarily provide informed, written consent before the process begins.

The College will generally keep information shared during IR private to the extent permitted by law and College policy. However, the College may use information obtained during Informal Resolution as permitted by Title IX regulations, including if the IR ends and the matter returns to the Title IX Grievance Process, as disclosed to the parties before participation.

Facilitated Resolution Process
The Title IX Coordinator and/or the coordinator’s trained designee (hereafter, the facilitator) will supervise the IR process. The facilitator will explain the IR process, facilitate discussions between the parties, and help the parties develop potential terms of resolution. If either Party does not agree with the proposed terms or is uninterested in engaging in negotiations, the Title IX Grievance Process will resume.

The facilitator may meet separately or jointly with the parties, facilitate communication, discuss possible terms of resolution, review information the parties voluntarily choose to provide, and help the parties reach a mutually acceptable agreement.

Advisors may consult with the parties during the process but may not participate directly unless the facilitator permits it.

Both parties may propose terms of resolution. The Title IX Coordinator or facilitator may also suggest terms designed to resolve the complaint and prevent future policy violations. An IR agreement may include, but is not limited to, an admission of responsibility, housing and academic accommodations, disciplinary sanctions, counseling, involvement in an educational program appropriate to the situation, (e.g., on topics including but not limited to: consent and communication, the use of alcohol or other drugs, healthy interpersonal relationships, stress management, and well-being) or other measures deemed appropriate by the Title IX Coordinator.

Withdrawal and Termination
Either party may withdraw, without penalty, from the IR process up until a written resolution agreement is signed by both parties. If either party withdraws from the IR, the Title IX Grievance Process will resume.

The facilitator has the authority to end the resolution process if:

• either party is not participating in good faith;
• campus safety requires a formal resolution;
• new information indicates that IR is no longer appropriate; or
• either party no longer wishes to

If this happens, the Title IX Grievance Process will resume.

Resolution Agreement
Any IR must adequately address the Complainant’s concerns, the Respondent’s rights, and the College’s overall intent to stop, remedy, and prevent Policy violations. After reaching an agreement, the facilitator will draft a binding agreement based on the parties’ agreed-upon terms. The Title IX Coordinator will review the proposed agreement to ensure that it is consistent with College policy and adequately addresses the reported conduct.

Separately, both parties will then be offered the opportunity to sign this IR agreement. If either party refuses to sign this agreement, the complaint will be referred to the formal resolution process.

A signed agreement is binding on both parties. Upon signing the IR agreement, the Complainant and the Respondent are bound by its terms, and the matter is considered resolved upon execution. Report alleged violations of the agreement to the Title IX Coordinator for review.

Timeframes
The College aims to complete the IR process within thirty (30) days of receipt of both parties’ written consent. The College may, at its discretion, extend this timeframe for good cause.

Agreements reached through IR are final and are not subject to appeal or review under this Policy. The College will maintain records of IR in accordance with Title IX record-retention requirements and applicable law.

Retaliation
Retaliation against any individual for requesting, participating in, declining to participate in, or withdrawing from an IR process is prohibited and may result in disciplinary action.