Bible Institute; or (3) specific circumstances prevent the Bible Institute from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
The Title IX Coordinator will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties (complainant and respondent) and will also notify the complainant of the right to appeal a dismissal. See below for more information on appeals. . Consolidation of Formal Complaints: The Bible Institute may consolidate formal complaints as to allegations of sexual harassment 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 facts or circumstances. D. Sexual Harassment Grievance Process This grievance process allows for the prompt and equitable resolution of formal complaints of sexual harassment through either an informal or formal resolution process (both of which are set forth below), and the Bible Institute will respond promptly in a manner that is not deliberately indifferent (i.e., clearly unreasonable in light of the known circumstances). The grievance process includes a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process, and the Bible Institute will not impose any disciplinary sanctions against a respondent until a determination of responsibility is made. All decision-makers involved in the grievance process are required to make an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and credibility determinations may not be based on a person’s status as a complainant, respondent, or witness. The Title IX Coordinator, Investigator, and any decision-makers will receive required training on this process and handling allegations of sexual harassment. . Time Frames for Grievance Process: The Bible Institute plans to conclude the grievance procedure in a reasonably prompt time frame. Any time frames listed below are subject to change for good cause. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. Written notice of any delay or extension and the corresponding reasons will be provided simultaneously to the complainant and the respondent. . Notice of Allegations: After receiving a formal complaint, the Title IX Coordinator will provide a written notice of allegations to the complainant and respondent in advance of the initial interview with the Investigator to give the parties sufficient time to prepare. The notice of allegations will include: 1) notification of the grievance process as well as the availability of an informal resolution; 2) a list of the allegations of misconduct, including sufficient details known at the time such as the identities of the parties involved in the incident, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident; 3) a 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; 4) notification that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney; 5) notification that the parties may inspect and review evidence; and 6) the provision in the Bible Institute’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. If in the course of an investigation, the Bible Institute decides to investigate allegations about the complainant or respondent that are not included in the original notice of allegations, the Title IX Coordinator must provide notice of the additional allegations to the parties. . Informal Resolution: An informal resolution process may be applied to resolve a formal complaint, except when the complainant is a student, and the alleged respondent is an employee. To initiate the informal resolution process, the Title IX Coordinator will review the process with the complainant and the respondent in a timely manner and elicit their interest in engaging this process. Each party must receive written notice disclosing: (1) the allegations; (2) the requirements of the informal resolution process including the
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