*This policy is applicable regardless of the sexual orientation and/or gender identity of the individual engaging in sexual activity.
The exercise of rights protected under the First Amendment does not constitute retaliation. Nor is it retaliation to charge an individual with a Code of Conduct violation if the College finds that the individual made a materially false statement in bad faith in the course of a grievance proceeding under this Policy, provided that a determination regarding responsibility, standing alone, is not sufficient to conclude that any party made a materially false statement in bad faith. Retaliation will not be tolerated and may result in severe sanctions, including discipline, suspension, expulsion, termination of employment or revocation of tenure, or an additional charge.
Confidential Reporting Options
If a reporting party would like the details of an incident be kept confidential, they should speak with a licensed counselor, members of the clergy and chaplains, or off-campus rape crisis resources. The college recommends contacting Domestic and Sexual Abuse Services at 1-800-828-2023 (crisis line). Those who are able to maintain confidentiality will do so except in extreme cases of immediate threat or danger or in the abuse of a minor.
If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. They will be able to inform you of their duties, and help you make decisions about who can best assist you.
Personally identifiable information will be shared in the event that the incident reveals a need to protect you or other members of the community. If personally identifiable information is shared, it will only be shared as necessary with as few people as possible, and all efforts will be made to protect your privacy.
Formal reporting options
Reporting parties are encouraged to file a formal complaint of sex/gender-based harassment, discrimination or retaliation at www.glenoaks.edu by clicking on the Report a Concern tab on the home page. This report submits to the College’s Title IX Coordinator, who will review the allegations made and determine if they fall within the scope of this Policy or would constitute some other Code of Conduct violation. Reporting parties may also contact a Title IX Coordinator (as described above), or another school administrator, with whom the reporting party feels comfortable to make a complaint. Students and employees have the right to have incidents of sexual harassment, discrimination or retaliation investigated and properly resolved through a grievance process. Information will be shared as necessary with the Complainant, Respondent, and appropriate college administrators who play a role in the grievance process.
If a victim wishes to remain anonymous, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the victim may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the College will likely be unable to honor a request that no investigation take place, but will maintain confidentiality to the extent possible. In cases where the victim requests confidentiality and the circumstances allow the College to honor that request, the College will offer supportive measures, but will not otherwise pursue formal action. A complainant/reporting party has the right, and can expect, to have reports taken seriously by the College, and when formally reported, to have those incidents investigated and properly resolved through these procedures.
Federal Timely Warning Reporting Obligations
Victims of sexual misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to any member of the campus community. The College will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed in the above paragraph.
Within five (5) business days of receiving a complaint, the Title IX Coordinator will determine whether any supportive measures are necessary, work on implementing those supportive measures, and initiate an investigation. The investigation, which will be conducted by the Title IX Coordinator or his/her designee, will include interviews of witnesses deemed necessary by the investigator as well as review of relevant evidence. Absent unusual circumstances (e.g., unavailability of witnesses), the investigation will be completed within 60 business days. At the conclusion of the investigation, the investigator will prepare a report that summarizes the factual evidence gathered and makes a determination of whether there is sufficient evidence to conclude– by a preponderance of evidence (i.e. “more likely than not”) – that sex discrimination occurred in one of the College’s programs or activities.
If the Title IX Coordinator did not act as the investigator, the investigator will provide a copy of the Report to the Title IX Coordinator and the parties. Within five (5) business days of receiving the report, the Title IX Coordinator (if not the investigator) will adopt, modify or reject the investigator’s conclusions and provide notice to the parties of that decision. The Title IX Coordinator will also determine what remedial actions (if any) may be necessary to end any sex discrimination that occurred, prevent its recurrence and redress any continuing effects of the discrimination.
Both parties will have the right to file a written appeal of the Title IX Coordinator’s decision to the President of the College. An appeal must be submitted, in writing, to the Title IX Coordinator within five (5) business days after the date of the Title IX Coordinator’s report or notification. The decision of the President is final.
Retaliation against a person for making a good faith complaint of sex discrimination is strictly prohibited. Any complainant who believes that he/she has been retaliated against for making a complaint of sex discrimination under this Policy should notify the Title IX Coordinator and that complaint will be handled according to the grievance procedures provided in this Section.
A formal complaint of sexual harassment may be filed with the Title IX Coordinator in person, by mail, by email or by using the contact information for the Title IX Coordinator described above, but the College strongly encourages submission of reports through the Report a Concern option at www.glenoaks.edu. The Title IX Coordinator reserves the right to file a formal complaint should the complainant decline to file a formal complaint. The Title IX Coordinators are the school officials charged with authority to institute corrective measures for violation of this Policy, but all College employees are obligated to report incidents of sexual harassment of which they become aware, unless they have a recognized confidentiality privilege, such as serving as a licensed counselor for the College. Further, students and guests who have observed or been made aware of sexual harassment are encouraged to report such incidents.
The formal complaint should clearly and concisely describe the conduct that the complainant believes constitutes sexual harassment; the identities of the parties involved in the incident, if known; the date and location of the incident, if known; and the desired remedy sought. The formal complaint should contain the name and contact information for the complainant if available. Any supporting documentation and evidence should be referenced within the body of the formal complaint. Additionally, the complainant should submit any supporting materials as quickly as is practicable.
Each of the parties will have an equal opportunity to present evidence and witnesses, including fact and expert witnesses. The investigator will not restrict the ability of either party to discuss the allegations under investigation or their ability to gather and present relevant evidence.
The investigator will conduct interviews (and follow-up interviews, as needed) with the parties and relevant witnesses. Prior to any investigative interview or other meeting where a party is invited or expected to attend, the investigator will provide advance, written notice of the date, time, location, participants and purpose of the meeting, with sufficient time for the party to prepare to participate.
Absent unusual circumstances (e.g, school closure, unavailability of witnesses, delay caused by criminal investigation), the investigation will be completed within 60 business days. Any time the general timeframe for resolution outlined in this Policy will be delayed, the College will provide written notice to the parties of the delay, the cause of the delay, and the anticipated time needed as a result of the delay.
The investigation summary report, which will fairly summarize the evidence, will be provided to the complainant, respondent, and advisors at least 10 days prior to the live hearing. Both parties will have the opportunity to review that report and respond in writing.
At least 10 days after the investigation summary report was distributed to the parties, the investigator will submit the report (as well as the parties’ responses to the report, if any) to the Hearing Chair.
Informal resolution may not be used to resolve complaints alleging that an employee sexually harassed a student. In cases where informal resolution is permitted, it will be strictly voluntary, and will not be required of any party as a condition of enrollment or continued enrollment; employment or continued employment or any other right.
At the live hearing, each party’s advisor will have the opportunity to ask the party questions relevant to the allegations of the formal complaint. Questions about a complainant’s sexual predisposition or prior sexual behavior are not relevant, unless those questions or evidence: (1) are offered to prove that someone other than the respondent committed the conduct alleged by complainant; or (2) concern specific incidents of complainant’s prior sexual behavior with respect to respondent and are offered to prove consent. Cross examination of parties and witnesses will be conducted directly, orally and in real time, but a party or witness will not be required to answer any such question until the Hearing Officer has considered the question and deemed it relevant. If a question is deemed irrelevant, the Hearing Officer will explain why. A party may not directly cross-examine another party or witness.
Although the hearing will be conducted in a live setting and in real time, at the request of a party, the parties will be located in separate rooms with technology enabling the Decision-maker(s) and parties to simultaneously observe (through sight and sound) the witness answering questions. The College may also, in its discretion, conduct the live hearing virtually, with technology enabling participants to simultaneously see and hear each other. All live hearings – whether conducted with participants in the same geographic location or virtually – will be recorded audiovisually or transcribed. That recording or transcript will be available to parties for inspection and review.
At the conclusion of the hearing, the Decision Maker (or Panel) will deliberate and determine if the respondent is responsible for the alleged violation, using the preponderance of evidence (“more likely than not”) standard. In making this determination, the Decision-maker (or Panel) may consider statements made by parties and witnesses during the investigation, electronic exchanges between parties leading up to the alleged sexual harassment, and relevant statements about the alleged sexual harassment, regardless of whether the parties or witnesses submit to cross examination at the live hearing. The Decision-maker (or Panel) may also consider police reports, Sexual Assault Nurse Examiner documents, medical reports, and other documents even if those documents contain statements of a party or witness who is not cross-examined at the live hearing. The Decision-maker (or Panel) will not, however, make an inference about responsibility based solely on a party’s or witness’s absence or refusal to testify at the hearing. In other words, the Decision-maker (or Panel) will not assume that a respondent sexually harassed the complainant solely because the respondent refused to testify at the hearing; nor will the Decision-maker (or Panel) assume that the respondent did not sexually harass the complainant solely because the complainant refused to be cross-examined.
After reaching a determination of responsibility, the Decision Maker (or Panel) will simultaneously issue to both parties a written determination that:
Violations of this policy may result in sanctions and corrective actions, which can include, but are not limited to:
The College may assign other sanctions as appropriate in each particular situation. Sanctions and corrective actions will be imposed in accordance with relevant policies and/or procedures and other requirements set forth in the applicable Staff/Faculty Handbooks, Student Handbook, collective bargaining agreements, other policies or handbooks that may be developed over time, or contracts.
In addition, the College may take steps to remediate the effects of a violation on victims and others. Following an investigation, the College may extend interim protective measures and accommodations, and/or take other measures to eliminate any hostile environment caused by the sexual harassment or misconduct, prevent the recurrence of any sexual harassment or misconduct, and remedy the effects of the sexual harassment or misconduct on the complainant and the College community. Such measures may include, but are not limited to, the interim measures and accommodations referenced in this policy, as well as counseling, training, and other preventative measures.
Appeals are [only] permitted for the following reasons:
The appeal should be titled “Appeal” and directed to the Title IX Coordinator, who will assign the appeal to an individual or Panel (not the Investigator, Title IX Coordinator or Decision-maker/Panel) who has received requisite training and is without conflict of interest or bias (“the Appellate Officer”).
Once an appeal has been filed, each party will have the opportunity to submit a written statement in support of (or challenging) the outcome. That statement should be provided to the Title IX Coordinator within ten (10) days of the Determination Letter. The letter will then be forwarded to the Appellate Officer. The Appellate Officer will issue a written decision – simultaneously to both parties – describing the result of the appeal and rationale for the decision within ten (10) business days of the date the parties’ written statements were due.
The determination of responsibility will be considered final when: (1) neither party files a written appeal with the Title IX Coordinator within the timeline for appeal required in this Part; or (2) the individual or Panel designated to decide the appeal has issued a written decision, whichever occurs last.
Approved by Board of Trustees: 8/13/20, updated 8/27/21