committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker may not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. . Impact of Testimony: If a party or witness does not submit to cross-examination at the live hearing, the decision-maker must not rely on any statement of that party or witness in reaching a determination regarding responsibility (including a statement made to the investigator during the investigation). The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. . Standard of Evidence: The decision-maker will use the preponderance of evidence standard in determining responsibility for formal complaints involving students or employees, which means the decisionmaker must determine whether there is evidence to indicate a policy violation is more than 50% likely. . Determination Regarding Responsibility: After the hearing, the decision-maker will issue a written determination regarding responsibility applying the preponderance of the evidence standard which will be provide simultaneously to the complainant and respondent. The written determination will include: (1) a list of the allegations potentially constituting sexual harassment; (2) a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; (3) findings of fact supporting the determination; (4) conclusions regarding the application of the Bible Institute’s policies or codes of conduct to the facts; (5) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility; (6) any disciplinary sanctions imposed on the respondent; (7) any remedies designed to restore or preserve equal access to the Bible Institute’s education program or activity that will be provided to the complainant; and (8) the procedures and permissible bases for the complainant and respondent to appeal. The determination regarding responsibility becomes final either on the date that the parties receive the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. . Remedies and Sanctions: If the respondent is found to be responsible for the alleged sexual harassment, the decision-maker will provide remedies to the complainant designed to restore or preserve equal access to the Bible Institute’s education programs or activities and impose disciplinary sanctions on the respondent. Remedies may include the supportive measures discussed above but need not be non-disciplinary or non-punitive and need not avoid burdening the respondent. Potential sanctions for student-respondents include campusing, work duties, counseling, suspension, or dismissal. Potential sanctions for employee-respondents include warning, leave of absence, termination. . Appeals: Both parties involved have the right to appeal the determination regarding responsibility or the dismissal of a formal complaint. Appropriate measures will be taken during the appeal process to ensure an environment free of sexual discrimination and retaliation. Notice of intent to appeal must be submitted within 15 days of the written notification of the determination or dismissal, and will be based on one of the following grounds: 1. Procedural irregularity that affected the outcome of the matter. 2. New evidence, which was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter.
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