The College only uses one type of disciplinary proceedings for domestic violence, dating violence, sexual assault and stalking allegations by using an investigator model. The steps and the decision-making process are outlined in the section below “Investigation and Resolution.” The victim of dating violence, domestic violence, sexual assault or stalking may choose for the investigation to be pursued through the criminal justice system and the Title IX Coordinator, or only the former or the latter. The Title IX Coordinator can guide the victim through the available options and support the victim in his or her decision. Investigation & Resolution Title IX Coordinator/Campus President and Campus Security Officers are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking and taught how to conduct an investigation and grievance process that protects the safety of the victim and promotes accountability. The training also addresses what constitutes relevant evidence and how it should be used during a proceeding. A refresher is given annually on proper techniques for questioning witnesses and basic procedural rules for investigating. The training also covers the rules on avoiding actual and perceived conflicts of interest. Upon notice of a potential discrimination or harassment situation related to this policy, the Title IX Coordinator will conduct an assessment to determine if the complaint constitutes a potential violation of this policy. If it does not, the complaint will be dismissed (or could be referred to another department if the complaint constituted a violation of another college policy). If the complaint could constitute a violation of this policy, a fair and impartial investigation will be conducted by at least one trained staff member. Sumner College reserves the right to employ external investigators if it determines that the investigation would be best conducted in this way. The investigation will typically include interviewing all involved parties (accused, victim, witnesses) and the collecting of any documentation or evidence relevant to the allegation. Upon completion of the investigation, the investigator and the Title IX Coordinator shall meet to determine if the investigation is complete. If the investigation is complete, the investigator will meet with the victim and respondent separately after fact-finding but before a finding of responsibility and advise them of the facts that will be used in determining if it was more likely than not that the respondent violated this policy. The parties will be offered an opportunity to correct any information that is factually inaccurate or to present any new information to the investigator at this time. If new information is presented that prompts the need for further investigation, the investigator will complete it based on the new information shared. If no further investigation needs to occur, the investigator will provide the final report to the Title IX Coordinator. The investigator will include in their findings their determination of whether or not it is more likely than not that the respondent violated this policy and will include that
rationalization in the report, which will be shared with the Title IX Coordinator. The victim and respondent are permitted to bring, at their expense, an advisor of choice to any meeting or disciplinary proceeding in which they are required to be present. An advisor of choice means any person who the victim or respondent chooses to bring to advise, counsel, or support them. Sumner College permits an advisor of choice, however, strictly controls the role of such advisor. An advisor may not speak to anyone other than his or her advisee, may not ask questions of the administrator, investigator, or witnesses, and may in no way interfere with the meeting or proceeding in which they are attending. At any point, Sumner College may remove an advisor if it is determined that the advisor is being disruptive to the process. If at the conclusion of the investigation the investigator has determined that it is more likely than not that sexual misconduct occurred in violation of this, the following will occur: • If the accused party is a student, the Title IX Coordinator will confer and decide on the appropriate sanction. After determining the sanction, the Title IX Coordinator will issue the finding, the reason for the finding and the associated sanctions in writing simultaneously to the victim and respondent. The Title IX Coordinator will impose the sanctions as identified, which include options such as undergoing Title IX education and prevention program; Title IX training assignment/research paper, apology letter, community service, presentation, loss of privileges, including possible exclusion from participating in school related events; probation, no contact with the victim; suspension or expulsion from Sumner College. • If the accused party is an employee, the Title IX Coordinator and/or Chancellor will confer with the Human Resources department and decide on the appropriate sanction. After determining the sanction, the Title IX Coordinator or Chancellor will issue the finding, the reason for the finding and the associated sanctions in writing simultaneously to the victim and respondent. Human Resources will impose the sanctions as identified by the Title IX Coordinator or Chancellor, which could include undergoing Title IX education and prevention program, apology letter, community service, probation, no contact with the victim; suspension or termination of employment. The Title IX Coordinator and Sumner will routinely confer on all cases to ensure consistent application of this policy. Sumner College reserves the right to bring complaints forward against a student or employee and to act as the victim for purposes of this policy. Further, a victim need not be a member of the Sumner College community. The standard of proof used to determine whether or not a violation of this policy has occurred is a preponderance of evidence, which means it is more likely than not the misconduct occurred, to have a finding of responsibility. Typically, the investigation, resolution, and appeal will not exceed 60 days although Sumner College reserves the right to exceed this time-frame in order to conduct a thorough investigation. If the investigation does or is anticipated to
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