civil-rights-and-sexual-misconduct-reporting-response-procedure-8-25-2021.pdf

about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent 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. • When there is a finding of responsibility on one or more of the allegations, the Hearing Decision-Maker/Panel may then consider any previously submitted party impact statements in determining appropriate sanction(s). • The TIXC will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Hearing Decision- Maker/Panel may, at their discretion, consider the statement(s) but they are not binding. • The Hearing Decision-Maker/Panel will then prepare a written deliberation statement and deliver it to the TIXC, detailing the determination, rationale, the evidence used in support of its determination, the evidence disregarded, credibility assessments, and any sanctions or recommendations. The Hearing Decision-Maker/Panel will base their determination on a preponderance of the evidence standard (i.e., whether it is more likely than not that the accused individual committed each alleged violation). h. Notice of Outcome • Using the deliberation statement, the TIXC will prepare a Notice of Outcome. The Notice of Outcome will then be reviewed by the College’s legal counsel. The TIXC will then share the letter,including the final determination, rationale, and any applicable sanction(s), with the parties and their Advisors within seven (7) business days of receiving the Hearing Decision-Maker/Panel’s deliberation statement. • The Notice of Outcome will be shared with the parties simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in officialCollege records, or emailed to the parties’ College-issued email address or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. • The Notice of Outcome will identify the specific policy(ies) reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by the College from the receipt of the Complaint to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held. • The Notice of Outcome will also include information on when the results are considered by the College to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.

F. Sanctions/Corrective Actions

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