. 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 circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations; (3) that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; and (4) any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. Both parties must give voluntary, informed written consent to participate in the informal resolution process. To reach an informal resolution, the Title IX Coordinator (or designee) will speak with both parties and any appropriate witnesses to explore what actions and supportive measures can be agreed upon. If a satisfactory resolution is reached through this informal conversation, the resolution will be documented and signed by both parties. If both parties sign the resolution, they may not then pursue the formal resolution process, which includes the investigation, hearing, and appeals processes described below. If these efforts are unsuccessful or if the complainant or respondent do not accept the informal resolution, the formal resolution process may commence. Either party (complainant or respondent) may stop the informal process at any time and request that the complaint be handled through the formal process. The complainant may request to end the informal or formal process at any time prior to a determination. . Investigation: One of the Title IX Investigators will conduct the investigation on behalf of the Bible Institute. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the Bible Institute and not on the parties. However, both parties must have the opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence to the Investigator. The Investigator cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional which are made and maintained in connection with the provision of treatment to the party, unless the Investigator obtains that party’s voluntary, written consent to do so for the grievance process.
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