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�ǿմ�ý will act on any Notice, Complaint, or Knowledge of a potential violation of the Sex-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy (“the Policy”) that is received by the Title IX Coordinator,¹ or any other Mandated Reporter by applying a resolution process as outlined below.

The procedures below apply to all allegations of sex-based discrimination, including sexual harassment, sexual violence, and retaliation, or other prohibited conduct outlined in Part B of this Policy involving students, staff, administration, faculty members, or third parties. 

Upon receipt of Notice, a Complaint, or Knowledge of an alleged Policy violation, the Title IX Coordinator will initiate a prompt initial evaluation to determine the College’s next steps. The Title IX Coordinator will contact the Complainant/source of the Notice to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

Collateral misconduct is defined to include potential violations of other College policies not incorporated in this Policy that occur in conjunction with alleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be included along with potential violations of this Policy, to be resolved jointly under these Procedures.

In such circumstances, the Title IX Coordinator may consult with College officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs) to solicit their input as needed on what allegations should be included, but the exercise of collateral allegations under these procedures is within the discretion of the Title IX Coordinator. All other allegations of misconduct unrelated to incidents covered by this Policy will typically be addressed separately through procedures described in the student and employee handbooks.

The Title IX Coordinator¹ conducts an initial evaluation typically within three (3) business days of receiving Notice/Complaint/Knowledge of alleged misconduct. The initial evaluation typically includes:

• Assessing whether the reported conduct may reasonably constitute a violation of this Policy.
  • If the conduct may not reasonably constitute a violation of this Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another College process, if applicable.
• Determining whether the College has jurisdiction over the reported conduct, as defined in this Policy.
  • If the conduct is not within Saint Mary’s College’s jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate College office for resolution.
• Offering and coordinating supportive measures for the Complainant.
• Offering and coordinating supportive measures for the Respondent, as applicable.
• Notifying the Complainant, or the person who reported the allegation(s), of the resolution process, including supportive and remedial response, an Informal Resolution option, and/or the Administrative Resolution option described below.
• Determining whether the Complainant wishes to make a Complaint.
• Notifying the Respondent of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Administrative Resolution option described below, if/when a Complaint is made.

Helping a Complainant to Understand Options

If the Complainant indicates they wish to initiate a Complaint (in a manner that can reasonably be construed as reflecting intent to make a Complaint), the Title IX Coordinator will help to facilitate the Complaint, which will include:

• Working with the Complainant to determine whether the Complainant wishes to pursue one of three options:
  • A supportive and remedial response, and/or
  • Informal Resolution, or
  • Formal Resolution

The Title IX Coordinator will seek to abide by the wishes of the Complainant but may have to take an alternative approach depending on their analysis of the situation.

If the Complainant elects for a resolution process, and the Title IX Coordinator has determined this Policy applies and the College has jurisdiction, they will route the matter to the appropriate Resolution Process, will provide the Parties with a Notice of Investigation and Allegation(s) (“NOIA”), and will initiate an investigation consistent with these Procedures.

If any Party indicates (either verbally or in writing) that they want to pursue an Informal Resolution option, the Title IX Coordinator will assess whether the matter is suitable for Informal Resolution and refer the matter, accordingly.

If the Complainant indicates (either verbally or in writing) that they do not want any action taken, no Resolution Process will be initiated (unless deemed necessary by the Title IX Coordinator), though the Complainant can elect to initiate one later, if desired.

Title IX Coordinator Authority to Initiate a Complaint

If the Complainant does not wish to file a Complaint, the Title IX Coordinator, who has ultimate discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Title IX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone’s safety or if the College cannot ensure equal access without initiating a Complaint. The Title IX Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:

• The Complainant’s request not to proceed with initiation of a Complaint,
• The Complainant’s reasonable safety concerns regarding initiation of a Complaint,
• The risk that additional acts of discrimination would occur if a Complaint were not initiated,
• The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence,
• The age and relations of the Parties, including whether the Respondent is a Saint Mary’s College employee,
• The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals,
• The availability of evidence to assist a Decision-maker in determining whether discrimination occurred,
• Whether the College could end the alleged discrimination and prevent its recurrence without initiating its resolution process.

If deemed necessary, the Title IX Coordinator may consult with appropriate College employees, and/or conduct a violence risk assessment to aid their determination whether to initiate a Complaint.

When the Title IX Coordinator initiates a Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this Policy and can choose what level of participation they have in a resolution process.

The College may dismiss a Complaint if, at any time during the initial evaluation or a resolution process, one or more of the following grounds are met:

1. the College is unable to identify the Respondent after taking reasonable steps to do so,
2. the College no longer enrolls or employs the Respondent,
3. a Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the Title IX Coordinator declines to initiate a Complaint, and/or
4. the College determines that conduct alleged in the Complaint would not constitute a Policy violation, even if proven.

The Decision-maker(s) can recommend dismissal to the Title IX Coordinator, if they believe the grounds are met. A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it.

Upon any dismissal, the College will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, the College will also notify the Respondent of the dismissal.

The dismissal is appealable by any party.

The Complainant may appeal a dismissal of their Complaint. The Respondent may also appeal the dismissal of the Complaint if dismissal occurs after the Respondent has been made aware of the allegations. All dismissal appeal requests must be filed in writing within three (3) business days of the notification of the dismissal.

The Title IX Coordinator will notify the Parties of any receipt of appeal of the dismissal. If, however, the Complainant appeals, but the Respondent was not notified of the Complaint, the Title IX Coordinator must then provide the Respondent with a NOIA and will inform the Respondent of the Complainant’s appeal with an opportunity to respond.

Throughout the dismissal appeal process, the College will:

• Implement dismissal appeal procedures equally for the Parties,
• Assign a trained Dismissal Appeal Decision-maker who did not take part in an investigation of the allegations or dismissal of the Complaint,
• Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal, and
• Notify the Parties of the result of the appeal and the rationale for the result.

The grounds for dismissal appeals are limited to:

1. Procedural irregularity that would change the outcome
2. New evidence that would change the outcome and that was not reasonably available when the dismissal was decided
3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

Upon receipt of a dismissal appeal in writing from one or more Parties, the Title IX Coordinator will share the petition with the other party and provide three (3) business days for other Parties to respond. The appeal should specify at least one of the grounds above and provide any reasons and/or supporting evidence for why the ground is met. This appeal will be provided in writing to the other Party(ies), and the Title IX Coordinator, who will be invited to respond in writing. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other Party(ies) to the Dismissal Appeal Decision-maker for consideration.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Dismissal Appeal Decision-maker, and the Parties, their Advisors, and the Title IX Coordinator will be notified in writing of the denial and the rationale.

If any of the asserted grounds in the appeal satisfy the grounds described in this Policy, then the Dismissal Appeal Decision-maker will notify all Parties and their Advisors, and the Title IX Coordinator, of their decision and rationale in writing. The effect will be to reinstate the Complaint.

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Decision-maker has three (3) business days to review and decide on the appeal, though extensions can be granted at the discretion of the Title IX Coordinator, and the Parties will be notified of any extension.

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

The Dismissal Appeal Decision-maker may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

The College may emergency remove a student accused of Sex Discrimination or Sex-Based Harassment upon receipt of Notice/Knowledge/Complaint, or at any time during a resolution process. Prior to an emergency removal, the College will conduct an individualized risk assessment and may remove the student if that assessment determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies such action.

When an emergency removal is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal should not be implemented or should be modified. The Executive Director of Campus Safety and Transportation, Dean of Students, or designee(s), may be invited to attend this meeting.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate, should be modified, or lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal will be deemed waived. A student can later request to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review.

An emergency removal may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within two (2) business days of the review meeting.

When the Respondent is an employee, or a student-employee, accused of misconduct in the course of their employment, existing provisions for interim action are typically applicable instead of the above emergency removal process.

The College is obligated to ensure that resolution processes are not abused for retaliatory purposes. Although the College permits the filing of Counter-Complaints, the Title IX Coordinator will use an initial evaluation, described above, to assess whether the allegations in the Counter-Complaint are made in good faith. When Counter-Complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a violation of this Policy.

Counter-Complaints determined to have been reported in good faith will be processed using a Resolution Process below. At the Title IX Coordinator’s discretion, investigation of such claims may take place concurrently or after resolution of the underlying initial Complaint.

The parties may each have one (1) Advisor of their choice present with them for all meetings and interviews within the Resolution Process, if they so choose. The parties may select whomever they wish to serve as their Advisor so long as the Advisor is eligible and available.¹

More information about the role, responsibilities, and expectations of Advisors in meetings or any other steps in a resolution process can be found in Appendix D.

This Resolution Process, consisting of Informal Resolution and Administrative Resolution, is the College’s chosen approach to addressing forms of Sex Discrimination, Sex-Based Harassment, other forms of Sexual Misconduct, and Retaliation related to such cases. The process considers the Parties’ preferences but is ultimately determined at the Title IX Coordinator’s discretion.

Resolution proceedings are confidential. All individuals present, or communicated with, at any time during the Resolution Process are expected to maintain the confidentiality of the proceedings and communications in accordance with College Policy.

The Resolution Process relies on a pool of staff and administrators (“the Pool”) to carry out the process.¹

Pool Member Roles

Members of the Pool are trained annually, and may serve in the following roles, at the discretion of the Title IX Coordinator:

• Intake of and initial guidance pertaining to Complaints
• College-Appointed Advisor
• Informal Resolution Facilitator
• Perform or assist with initial evaluation
• Investigator
• Emergency Removal Challenge Decision-maker
• Supportive Measures Challenge Decision-maker
• Administrative Resolution Decision-maker
• Complaint Dismissal Appeal Decision-maker
• Resolution Appeal Decision-maker

Pool Member Appointment

The Title IX Coordinator, in consultation with senior administrators as necessary, appoints the Pool, which acts with independence and impartiality. Although members of the Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed in different Complaints, the College can also designate permanent roles for individuals in the Pool.

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the Parties, in writing. The College will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution.

Before initiation of Informal Resolution, the College will provide the Parties with a NOIA that explains:

• The allegations,
• The requirements of the Informal Resolution process,
• That, prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and to initiate or resume the College’s Administrative Resolution process,
• That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution will preclude the Parties from initiating or resuming the Administrative Resolution process arising from the same allegations,
• The potential terms that may be requested or offered in an Informal Resolution Agreement, including notification that an Informal Resolution Agreement is binding only on the Parties, and
• What information the College will maintain, and whether and how it could disclose such information for use in its Resolution Process.

The College offers four (4) categories of Informal Resolution:

1. Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation.
2. Educational Conversation. When the Title IX Coordinator can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations or can accompany the Complainant in their desire to confront the conduct.
3. Accepted Responsibility. When the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Complainant(s) and the College are agreeable to the resolution terms.
4. Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.

The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker for the matter.

It is not necessary to pursue Informal Resolution first in order to pursue Administrative Resolution. Any party participating in Informal Resolution can withdraw from the Informal Resolution at any time and initiate or resume an Administrative Resolution.

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Administrative Resolution, should Informal Resolution not be successful, unless agreed to by all Parties.

If an investigation is already underway, the Title IX Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

The Title IX Coordinator will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve the Complainant’s access to the College’s education program and activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Title IX Coordinator may also provide reasonable supportive measures for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Title IX Coordinator does not initiate a Complaint.

The Complainant may request that the Title IX Coordinator address their allegations by meeting (with or without the Complainant) with the Respondent to discuss concerning behavior and institutional policies and expectations. Such a conversation is non-disciplinary and non-punitive. Respondent(s) are not required to attend such meetings, nor are they compelled to provide any information if they attend. The conversation will be documented as the Informal Resolution for the matter, if it takes place. In light of this conversation, or the Respondent’s decision not to attend, the Title IX Coordinator may also implement remedial actions to ensure that policies and expectations are clear and to minimize the risk of recurrence of any behaviors that may not align with Policy.

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Resolution Process.¹ If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Title IX Coordinator will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Title IX Coordinator will determine whether all Parties and the College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of College Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of the resolution, the Administrative Resolution Process will either commence or resume.²

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the conduct, both on the Complainant and the College community.

The institution offers a variety of Alternative Resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative Resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the Title IX Coordinator or other appropriate College officials; and other forms of resolution that can be tailored to the needs of the Parties. Some Alternative Resolution mechanisms will result in an agreed-up outcome, while others are resolved through dialogue. All Parties must consent to the use of an Alternative Resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an Alternative Resolution process.

The Title IX Coordinator may consider the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the Parties:

• The Parties’ amenability to Alternative Resolution
• Likelihood of potential resolution, considering any power dynamics between the Parties
• The nature and severity of the alleged misconduct
• The Parties’ motivation to participate
• Civility of the Parties
• Results of a violence risk assessment/ongoing risk analysis
• Respondent’s disciplinary history
• Whether an emergency removal or other interim action is needed
• Skill of the Alternative Resolution facilitator with the type of Complaint
• Complaint complexity
• Emotional investment/capability of the Parties
• Rationality of the Parties
• Goals of the Parties
• Adequate resources to invest in Alternative Resolution (e.g., time, staff, etc.)

The Title IX Coordinator has the authority to determine whether Alternative Resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the Alternative Resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the Alternative Resolution.

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive or disciplinary actions (e.g., dissolution of the Agreement and resumption of the Administrative Resolution Process, referral to a conduct process for failure to comply, application of the enforcement terms of the Agreement, etc.). 

The results of Complaints resolved by Alternative Resolution are not appealable.

If an Informal Resolution option is not available or selected, the College will initiate or continue an investigation and subsequent Administrative Resolution Process to determine whether the Policy has been violated

Prior to an investigation, the Title IX Coordinator will provide the Parties with a detailed written Notice of Investigation and Allegation(s) (“NOIA”). Amendments and updates to the NOIA may be made as an investigation progresses and more information becomes available regarding the addition or dismissal of various allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA typically includes:

• A meaningful summary of all allegations
• The identity of the involved Parties (if known)
• The precise misconduct being alleged
• The date and location of the alleged incident(s) (if known)
• The specific policies/offenses implicated
• A description of, link to, or copy of the applicable procedures
• A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
• The name(s) of the Investigator(s), along with a process to identify to the Title IX Coordinator, in advance of the interview process, any conflict of interest the Investigator(s) may have
• A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
• A statement that determinations of responsibility are made at the conclusion of the process and the Parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence
• A statement that retaliation is prohibited
• Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share College work product obtained through the Resolution Process
• A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the Resolution Process
• A statement informing the Parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process
• Detail on how a party may request disability accommodations or language assistance during the Resolution Process
• A link to the College’s VAWA Brochure
• An instruction to preserve any evidence directly related to the allegations 

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(es) of the Parties as indicated in official College records, or emailed to the Parties’ College-issued email or designated account. Email is the primary method of delivery and is considered an official method of communication for the College. One mailed, emailed, and/or received in person, notification will be presumptively delivered. 

The College will make a good faith effort to complete the Resolution Process within sixty to ninety (60-90) business days, including any appeals, which can be extended as necessary for appropriate cause by the Title IX Coordinator. The Parties will receive regular updates on the progress of the Resolution Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on issues such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

If a party or witness chooses not to participate in the Resolution Process or becomes unresponsive, the College reserves the right to continue without their participation to ensure a prompt resolution. Non-participatory or unresponsive Parties retain the rights outlined in this Policy and the opportunity to participate in the Resolution Process. 

The College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to delay the investigation temporarily, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. The College will promptly resume its Resolution Process as soon as feasible. During such a delay, the College will implement and maintain supportive measures for the Parties as deemed appropriate.

College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

The College will make a good faith effort to complete the Resolution Process as promptly as circumstances permit and will communicate regularly with the Parties to update them on the progress and timing of the process.

Any individual materially involved in the administration of the Administrative Resolution Process, including the Title IX Coordinator, Investigator(s), and Decision-maker(s), may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The Title IX Coordinator will vet the assigned Investigator(s), Decision-maker(s), and Resolution Appeal Decision-maker(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. At any time during the Administrative Resolution Process, the Parties may raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so and uncurable, another Pool member may be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with Executive Vice President and Provost Corey Cook (cdc13@stmarys-ca.edu). 

The Administrative Resolution Process involves an objective evaluation of all available relevant and not otherwise impermissible evidence, including evidence that supports that the Respondent engaged in a Policy violation and evidence that supports that the Respondent did not engage in a Policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.

Once an investigation is initiated, the Title IX Coordinator appoints an Investigator(s) to conduct it. The Investigator(s) may be members of the Resolution Process Pool, or any other properly trained individual, either internal or external to the College’s community.

Employees (not including Complainant and Respondent) are required to cooperate with and participate in the College’s investigation and Administrative Resolution Process. Student witnesses and witnesses from outside the College community cannot be required to participate but are encouraged to cooperate with college investigations and to share what they know about a Complaint.

Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx, etc.)., or, in limited circumstances, by telephone. The College will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

It is standard practice for the Investigator(s) to create a record of all interviews pertaining to the Administrative Resolution Process. The Parties may review copies of their own interview records, upon request. 

All interviews are recorded, and all involved persons shall be made aware of the audio and/or video recording. No other unauthorized audio or video recording of any kind is permitted during investigation meetings. 

The recording and/or a transcript of those meetings will be provided to the Parties for their review, after which the Parties may pose additional questions to each other. Those subsequent interviews/meetings are also recorded and/or transcribed and shared with the Parties.

The Investigator(s) and the Decision-maker(s) will only consider evidence that is deemed relevant and not otherwise impermissible.

‘Relevant Evidence’ is that which may aid in determining whether the allegation occurred, and/or whether the behavior constitutes a violation of Policy.

‘Impermissible Evidence’ is defined as evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless 1) evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged misconduct, or 2) is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent.

The fact prior consensual sexual conduct may have occurred between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent or preclude a determination that sex-based harassment occurred.

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

At any point in the proceedings, if a Respondent elects to admit to the charged violations and waive further process, the Decision-maker(s) are authorized to accept that admission, adopt it as their finding/final determination, and administer sanctions. This would waive the Respondent’s right to appeal. If the Respondent rejects the finding/final determination/sanctions, or does not admit to all conduct alleged, the Resolution Process continues to its conclusion. The Complainant retains their right to appeal a determination when a Respondent admits responsibility.

All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all relevant Parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary.

After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the Parties and witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

The College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

The Investigator(s) typically take(s) the following steps, if not already completed and not necessarily in this order:

• Determine the identity and contact information of the Complainant.
• Identify all offenses implicated by the alleged misconduct and notify the Complainant and Respondent of all specific policies implicated.
• Assist the Title IX Coordinator, if needed, with conducting a prompt initial evaluation to determine if the allegations indicate a potential Policy violation.
• Work with the Title IX Coordinator, as necessary, to prepare the initial NOIA. The NOIA may be amended with additional or dismissed allegations.
• Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses.
• When participation of a party is expected, provide that party with written notification of the date, time, and location of the meeting, as well as the expected participants and purpose.
• Make good faith efforts to notify each party of any meeting or interview involving another party, in advance when possible.
• Interview the Complainant and the Respondent and conduct any necessary follow-up interviews with each.
• Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
• Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript or recording) of the relevant evidence/testimony from their respective interviews and meetings.
• Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of another party and/or witness. Document which questions were asked with a rationale for any changes or omissions in the investigation report.
• Where possible, complete the investigation promptly and without unreasonable deviation from the intended timeline.
• Provide the Parties with regular status updates throughout the investigation.
• Prior to the conclusion of the investigation, provide the Parties and their respective Advisors with a list of witnesses whose information will be used to render a finding.
• Ask the Parties to provide a list of questions they would like asked of the other party or any witnesses. The Investigator will ask those questions deemed relevant, and for any question deemed not relevant, will provide a rationale for not asking the question.
• Write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes party and witness interviews, the investigation, and provides all relevant evidence.
• Provide the Parties and their respective Advisors an electronic copy of the Draft Investigation Report as well as an opportunity to inspect and review all relevant evidence obtained as part of the investigation for a review and comment period of ten (10) business days so that each party may meaningfully respond to the evidence. The Parties may elect to waive all or part of the review period.
• The Investigator(s) will share the investigation report with the Title IX Coordinator, and may share with legal counsel, for their review and feedback.

The Administrative Resolution Process is used for all Complaints of sex discrimination, sex-based harassment, sexual misconduct, retaliation, and other prohibited conduct (as related to this Policy), or when Informal Resolution is unavailable, not elected, or unsuccessful.

The Administrative Resolution Process consists of a hand-off of the investigation report and all relevant evidence to the Decision-maker(s) to make a finding and determine sanctions (if applicable).

At the discretion of the Title IX Coordinator, the assigned Decision-maker(s) will be drawn from the Resolution Process Pool, or other trained individuals either internal or external to the institution. Once the Decision-maker(s) receives and reviews the file, they can recommend dismissal to the Title IX Coordinator, if they believe the grounds are met.

The Administrative Resolution Process typically takes approximately thirty (30) business days to complete, beginning with the Decision-maker(s)’ receipt of the Draft Investigation Report. The Parties will be regularly updated on the timing and any significant deviation from this typical timeline.

Investigator-led Questioning Meetings¹

• The Title IX Coordinator provides the Draft Investigation Report to the Decision-maker(s) and the Parties simultaneously for review. The Decision-maker(s) can then provide the Investigator(s) with a list of relevant questions to ask the Parties or any witnesses.
  • To the extent credibility is in dispute and relevant to one or more of the allegations, the questions provided by the Decision-maker(s) may also explore credibility.
• The Investigator(s) will also ask each Party to provide a list of proposed questions to ask the other Party(ies) and any witnesses.
  • To the extent credibility is in dispute and relevant to one or more of the allegations, questions proposed by the Parties may also explore credibility.
  • All party questions must be posed during this phase of the process and cannot be posed later unless authorized by the Decision-maker(s).
  • The Investigator(s) will share all party-proposed questions with the Decision-maker(s), who will finalize the list with the Investigator(s) to ensure all questions are both relevant and permissible.
• The Investigator(s) will then hold individual meetings with the Parties and witnesses to ask the questions posed by the Decision-maker(s), as well as the questions proposed by the Parties that have been deemed relevant and not duplicative, including questions intended to assess credibility. These meetings will be recorded and transcribed.
  • For any question deemed not relevant or duplicative, the Investigator(s) will provide a rationale for not asking the question, either during the recorded meeting, or in writing (typically as an appendix to the Final Investigation Report).
• Typically, within three (3) business days of the last of these meetings, the recordings or transcripts of them will be provided to the Parties for their review. The Parties will then have five (5) business days to review these recordings or transcripts and propose any follow-up questions for the Investigator(s) to ask.
• The Investigator(s) will review the proposed questions with the Decision-maker(s) to determine relevance and permissibility. If deemed necessary, the Investigator(s) will then meet individually with the Parties or witnesses for whom there are relevant, and not duplicative, follow-up questions. These follow-up meetings will also be recorded and transcribed, and the Parties will receive the recordings or transcripts of these meetings. This final round of questioning is the last round permitted, unless permission is granted to extend by the Decision-maker(s). 
• The Investigator(s) will then incorporate any new, relevant evidence and information obtained through the Parties’ review of the Draft Investigation Report, the questioning, and follow-up meetings into a Final Investigation Report.
• The Investigator(s) will also respond in writing (typically within the Final Investigation Report) to the relevant elements of the Parties’ responses to the Draft Investigation Report and incorporate relevant elements of the Parties’ written responses, additional relevant evidence, and any necessary revisions into the Final Investigation Report. 
• The Investigator(s) will then share the Final Investigation Report with the Title IX Coordinator and/or legal counsel for their review and feedback, which will be incorporated as applicable within the Final Investigation Report.
• The Investigator(s) will then provide the Title IX Coordinator with the Final Investigation Report and investigation file.

The Decision-maker(s)’ Determination

• The Title IX Coordinator will provide the Decision-maker(s), the Parties, and their Advisors with the Final Investigation Report (FIR) and investigation file, including the evidence and information obtained through the Investigator-led Questioning Meetings.
• The Decision-maker(s) will review the FIR, all appendices, and the investigation file.
• If the record is incomplete, the Decision-maker(s) may direct a re-opening of the investigation, or may direct or conduct additional inquiry necessary, including informal meetings with the Parties or any witnesses, if needed.
• Upon reviewing the relevant evidence, the Decision-maker(s) may also choose to pose additional questions:
  • To the extent credibility is in dispute and relevant to one or more of the allegations, the Decision-maker(s) may meet individually with the Parties and witnesses to question them in order to assess their credibility. These meetings will be recorded, and the recording or transcript will be shared with the Parties.
  • At their discretion, the Decision-maker(s) may also meet with any party or witness to ask additional relevant questions that will aid the Decision-maker(s) in making their findings. These meetings will be recorded, and the recording or transcript will be shared with the Parties.
• The Decision-maker(s) will then apply the preponderance of the evidence standard to decide on each of the allegations, and if applicable, any associated sanctions.
• Timeline. The Decision-maker(s)’ determination process typically takes approximately five (5) business days, but this timeframe can vary based on a number of factors and variables. The Parties will be notified of any delays.
• Impact Statements. Prior to a determination, the Title IX Coordinator, will also provide the Parties with an opportunity to submit a written impact or mitigation statement. The Title IX Coordinator will review these statements upon receipt to determine whether there are any immediate needs, issues, or concerns, but will otherwise hold them until after the Decision-maker(s) have decided on the allegations. If there are findings of a Policy violation, the Decision-maker(s) will request the impact/mitigation statements from the Title IX Coordinator and review them prior to determining sanctions. They will also be exchanged between the Parties at that time.
• If it is later determined that a party or witness intentionally provided false or misleading information, that action could be grounds for re-opening a Resolution Process at any time, and/or referring that information to another process for resolution.

Factors the Decision-maker(s) may consider when determining sanctions and responsive actions include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the sex discrimination, sex-based harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of sex discrimination, sex-based harassment, and/or retaliation
• The need to remedy the effects of sex discrimination, sex-based harassment, and/or retaliation on the Complainant and the community
• The impact on the Parties
• The Respondent’s acceptance of responsibility
• Any other information deemed relevant by the Decision-maker(s)

The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

Student Sanctions¹

The following are common sanctions that may be imposed upon students singly or in combination:

• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any Saint Mary’s College policy, procedures, or directive may result in more severe sanctions/responsive actions.
• Required Counseling: A mandate to meet with and engage in external (not College-sponsored) counseling to better comprehend the misconduct and its effects.
• Restrictions: A student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or holding leadership roles in student organizations.
• Probation: An official sanction for violation of institutional policy, providing for more severe disciplinary sanctions in the event the student is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from extracurricular activities, exclusion from designated areas of campus, contact limitation directives, and/or other measures deemed appropriate.
• Suspension: Separation from the institution, or one or more of its facilities, for a defined period of time, typically not to exceed two (2) years, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the student is eligible to return if the institution determines it is appropriate to re-enroll/readmit the student. The student is typically required to vacate institutional property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Title IX Coordinator or other appropriate official. During an institution-wide suspension, the student is banned from institutional property, functions, events, and activities unless they receive prior written approval from an appropriate institutional official. This sanction may be enforced with a trespass action, as necessary.
• Expulsion: Permanent separation from the institution. The student is banned from institutional property, and the student’s presence at any institution-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary.
• Withholding Diploma: The College may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for violation Policy.
• Revocation of Degree: While rarely exercised, the College reserves the right to revoke a degree previously awarded from the College for fraud, misrepresentation, and/or other violation of college policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
• Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate (e.g., on-campus housing probation, suspension, or removal).

Employee Responsive/Correction Actions

Responsive actions for an employee who has engaged in sex discrimination, sex-based harassment, and/or retaliation include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to a New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to or in place of the above sanctions/responsive actions, the College may assign any other responsive actions as deemed appropriate.

Within five (5) business days of the conclusion of the Administrative Resolution Process, the Title IX Coordinator provides the Parties with a written outcome notification. The outcome notification will specify the finding for each alleged Policy violation, all applicable sanctions that the College is permitted to share pursuant to state or federal law, and a detailed rationale, written by the Decision-maker(s), supporting the findings to the extent the College is permitted to share under federal or state law.

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals.

The Title IX Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official College records, or emailed to the Parties’ College-issued or designated email account. Email is the primary method of delivery and is considered an official method of communication by the College. Once mailed, emailed, and/or received in person, the outcome notification is presumptively delivered.

Students

Should a student Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If a student Respondent withdraws from the College, the Resolution Process may continue, or the Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the College will still provide reasonable supportive or remedial measures as necessary to address safety and/or remedy any ongoing effects of the alleged sex discrimination, sex-based harassment, and/or retaliation.

Regardless of whether the Complaint is dismissed or pursued to completion of the Resolution Process, the College will continue to address and remedy systemic issues or concerns that may have contributed to the alleged violation(s), and ongoing effects of the alleged sex discrimination, sex-based harassment, and/or retaliation.

When a student withdraws or leaves while the process is pending, the student may not return to the College in any capacity until the Complaint is resolved and any sanctions imposed are satisfied. If the student indicates they will not return, the Title IX Coordinator has discretion to dismiss the Complaint. The Registrar, Office of �ǿմ�ý, and/or Human Resources may be notified, accordingly.

If the student Respondent takes a leave for a specified period of time (e.g., one semester or term), the Resolution Process may continue remotely. If found in violation, that student will not be permitted to return to the College unless and until all sanctions, if any, have been satisfied.

Employees

Should an employee Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If an employee Respondent leaves their employment with the College with unresolved allegations pending, the Resolution Process may continue, or the Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the College may still provide reasonable supportive or remedial measures as necessary to address safety and/or remedy ongoing effects of the alleged sex discrimination, sex-based harassment, and/or retaliation.

When an employee resigns and the Complaint is dismissed, the employee may not return to the College in any capacity. The Registrar, Office of �ǿմ�ý, and Human Resources will be notified, accordingly, and a note will be placed in the employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with the College. The records retained by the Title IX Coordinator and/or Human Resources will reflect that status.

The Title IX Coordinator will designate an Appeal Decision-maker – either an individual chosen from the Pool, or other trained internal or external individual, to hear the appeal. No Appeal Decision-maker will have been previously involved in the Resolution Process for that Complaint, including in any supportive measure challenge or dismissal appeal that may have been decided earlier in the process.

Appeal Grounds

Appeals are limited to the following grounds:

1. A procedural irregularity that would change the outcome.
2. New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility was made.
3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally, or the specific Complainant or Respondent that would change the outcome.

Request for Appeal

Any party may submit a written request for appeal (“Request for Appeal”) to the Title IX Coordinator within three (3) business days of the date of the Notice of Outcome communication.

The Request for Appeal will be forwarded to the Appeal Decision-maker for consideration to determine if the request meets the grounds for appeal (a Review for Standing). This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Appeal Decision-maker, and the Parties, and their Advisors, will be simultaneously notified in writing of the denial and the rationale.

If any of the information in the Request for Appeal meets the grounds in this Policy, then the Appeal Decision-maker will notify the Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker(s).

All other Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-maker(s) will be provided a copy of the Request for Appeal with the approved grounds and then be given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties and the Title IX Coordinator for review and comment.

The non-appealing party (if any) may also choose to appeal at this time. If so, that Request for Appeal will be reviewed by the Appeal Decision-maker to determine if it meets the grounds in this Policy and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or Decision-maker(s), as necessary, who will submit their responses, if any, within five (5) business days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties and their Advisors will be notified accordingly, in writing.

No party may submit any new Requests for Appeal after this time period. The Appeal Decision-maker will collect additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses, and will then promptly render a decision.

Appeal Determination Process

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Decision-maker will deliberate as soon as is practicable and assess the merits of the appeal.

Appeal decisions are to be deferential to the original determination, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions are made applying the preponderance of the evidence standard of proof.

An appeal is not an opportunity for the Appeal Decision-maker to substitute their judgment for that of the original Decision-maker(s) merely because they disagree with the finding and/or sanction(s).

The Appeal Decision-maker may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

Appeal Outcome

An appeal may be granted or denied.

Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker(s) with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker(s) and/or the Title IX Coordinator (as in cases of bias), the Appeal Decision-maker may order a new investigation and/or a new determination with new Pool members servings in the Investigator and Decision-maker roles.

A Notice of Appeal Outcome letter (“Appeal Outcome”) will be sent to all Parties simultaneously, or without significant time delay between notifications. The Appeal Outcome will specify the finding on each appeal ground, any specific instructions for remand or reconsideration, all sanction(s) that may result which the College is permitted to share according to federal or state law, and the rationale supporting the essential findings to the extent the College is permitted to share under federal or state law.

Written notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official institutional records, or emailed to the Parties College-issued email or otherwise approved account. Email is the primary method of delivery and is considered an official method of college communication. Once mailed, emailed, and/or received in person, the Appeal Outcome will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.

If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the three (3) available appeal grounds.

Sanction Status During the Appeal

Any sanctions imposed as a result of the determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal procedures for a “show cause” meeting on the justification for doing so must be permitted within two (2) business days of implementation.

Following the conclusion of the Resolution Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or the College community that are intended to stop the sex discrimination, sex-based harassment, and/or retaliation, remedy the effects, and prevent recurrence.

These remedies/actions may include, but are not limited to:

• Referrals to counseling and health services
• Referral to the Employee Assistance Program (for employees)
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts or increased security monitoring
• Climate surveys
• Policy modification and/or training
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, course schedules, or other academic support

At the discretion of the Title IX Coordinator, certain long-term supportive measures may also be provided to the Parties even if no Policy violation is found.

When no policy violation is found, the Title IX Coordinator will assess and implement remedies the College owes the Respondent to ensure no effective denial of educational access.

The College will maintain the confidentiality of any long-term remedies/actions, provided confidentiality does not impair the College’s ability to provide these services.

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker(s), including the Appeal Decision-maker or the Informal Resolution Agreement.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or for any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the College.

Supervisors are expected to enforce the completion of sanctions/responsive actions for their employees. Support from the Title IX Coordinator and/or Human Resources will be available to supervisors monitoring sanctions of their supervisee.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator’s satisfaction.

The Title IX Support and Compliance Office is responsible for maintaining records relating to all reports and complaints of sex-based discrimination and harassment, sexual misconduct, and retaliation and the College’s response to such reports. Files will be kept in accordance with the Saint Mary’s College record retention policy for a period of at least seven (7) years from the date of report or notice. Records may be maintained longer at the discretion of the Title IX Coordinator in cases where parties have a continuing affiliation with the College. All records pertaining to pending litigation or a request for records will be maintained in accordance with instructions from legal counsel.

The Title IX Support and Compliance Office has implemented the Record Maintenance and Access Policy to guide record management related to all reports and College responses related to reports of sex-based discrimination, sexual harassment, sexual misconduct, any situations specified in this Policy, and any and all records in accordance with state and federal laws. See Appendix E for this policy.

Disability Accommodations

The College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the College’s Resolution Processes.

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with the appropriate disability support offices/persons to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

Other Support

The College will also address reasonable requests for support for the Parties and witnesses including:

• Language services/Interpreters
• Access and training regarding use of technology throughout the Resolution Process
• Other support as deemed reasonable and necessary to facilitate participation in the Resolution Process

These procedures succeed any previous procedures addressing sex discrimination, sex-based or sexual harassment, sexual misconduct, and retaliation for incidents occurring on or after August 1, 2024. The Title IX Coordinator will regularly review and update these procedures. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

If governing laws or regulations change, or court decisions alter, the requirements in a way that impacts this document, this document will be construed to comply with the most recent governing laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background federal and state laws that frame such policies and codes, generally. 

These procedures are effective September 16, 2024.