investigation and provide a copy of the formal complaint.
specific circumstances prevent the school from gathering sufficient evidence to reach a determination. The College must dismiss a formal complaint or allegations therein if: the allegations do not meet the definitions of sexual harassment the alleged conduct did not occur within the United States, or the alleged conduct did not occur within a College sponsored program or activity. If the College determines the formal complaint or allegations therein will be dismissed, the Title IX Coordinator will provide written notice to both parties of the dismissal of allegations, the reason for dismissal within five (5) business days of the decision to dismiss the complaint and the Complainant's right to Appeal, if applicable. G. NOTICE OF ALLEGATIONS The Title IX Coordinator will provide simultaneous written notice of allegations, including sufficient details, and intent to investigate to the Complainant and Respondent no later than ten (10) calendar days after receipt of the formal complaint. The Title IX Coordinator will also provide both parties with the formal complaint, grievance and appeal process, possible sanctions and remedies, and availability of advisors. The written notice shall include a statement that the respondent is presumed not responsible for the alleged conduct, that the parties and their advisors may review and inspect evidence, and advise the parties of the provisions of the College Code of Conduct relating to making false statements or submitting false information during the grievance process.
H. ADVISORS In addition to providing the Complainant and Respondent with written notice of allegations and intent to investigate, the Title IX Coordinator will inform the parties of the availability of advisors. Both parties shall have the right to retain, at the respective party's own cost, the assistance of legal counsel or other personal representative advisor. In the alternative, either or both parties may also request an advisor provided by the College.
Only an advisor may conduct cross- examination during the live hearing.
I. INVESTIGATION PROCEDURE The Title IX investigator is responsible for conducting an investigation of the submitted formal complaint. The Title IX investigator will have received Title IX investigator training within the current academic year. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties. The Title IX investigator will notify the Complaint and Respondent in writing of the intent to investigate within five (5) business days of receipt of the formal complaint and will commence interviews within ten (10) business days of receipt of the formal complaint. The Title IX investigator will notify the Complainant and Respondent and their respective advisors in writing of all individuals the investigator intends to interview. Either party may identify other witnesses with relevant information for interview or other evidence for review by the investigator.
The Title IX Coordinator will additionally notify the Title IX investigator of the pending
The Title IX investigator will conduct a factual
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2022-23 College Catalog and Student Handbook
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