Formal Complaint
A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the College investigate and adjudicate a report of Sexual Harassment in accordance with these procedures. Provided, however, that at the time the Complainant submits a Formal Complaint, the Complainant must be participating in, or attempting to participate in, one or more of the College’s education programs or activities.
A Complainant may file a Formal Complaint with the Title IX Coordinator in person, by regular mail, or by email using the contact information specified above. No person may submit a Formal Complaint on the Complainant’s behalf.
A Formal Complaint should contain the dates and times of the alleged misconduct. The names of persons involved, including potential witnesses, should also be included. The Formal Complaint should outline what occurred in as much detail as possible and the redress that is being sought. Finally, the contact information for the Complainant should be included.
In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the College if doing so is not clearly unreasonable. Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College Community.
If the Complainant or the Title IX Coordinator files a Formal Complaint, then the College will commence an investigation and proceed to adjudicate the matter as specified below. In all cases where a Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the party’s level of participation. In a case where the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party for purposes of the investigation and adjudication processes.
Consolidation of Formal Complaints
The College may consolidate Formal Complaints where the allegations of Sexual Harassment arise out of the same facts or circumstances. Where the investigation and adjudication process involve more than one Complainant or more than one Respondent, references in this policy to the singular “party,” “Complainant,” or “Respondent” include the plural, as applicable. A Formal Complaint of Retaliation may be consolidated with a Formal Complaint of Sexual Harassment.
Dismissal Prior to Commencement of Investigation
In a case where the Complainant files a Formal Complaint, the Title IX Coordinator will evaluate the Formal Complaint and must dismiss it if the Title IX Coordinator determines:
- The conduct alleged in the Formal Complaint would not constitute Sexual Harassment, even if proved; or
- The conduct alleged in the Formal Complaint falls outside the scope of the policy (i.e., because the alleged conduct did not occur in the College’s Education Programs and Activities and/or the alleged conduct occurred outside the geographic boundaries of the United States).
In the event the Title IX Coordinator determines the Formal Complaint should be dismissed, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal. The dismissal is a final determination unless modified or overturned on appeal. The Title IX Coordinator may refer the subject matter of the Formal Complaint to other College offices or procedures, as appropriate.
Notice of Formal Complaint
Within five (5) business days of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes:
- A physical copy of this policy or a hyperlink to this policy;
- Sufficient details known at the time so that the parties may prepare for an initial interview with the investigator, to include the identities of the parties involved in the incident (if known), the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident (if known);
- A statement that the Respondent is presumed not responsible for the alleged Sexual Harassment and that a determination of responsibility will not be made until the conclusion of the adjudication and any appeal;
- Notifying the Complainant and Respondent of their right to be accompanied by an advisor of their choice;
- Notifying the Complainant and Respondent of their right to inspect and review evidence;
- Notifying the Complainant and Respondent of the College’s prohibitions on retaliation and false statements; and
- Information about resources that are available on campus and in the community.
Should the College elect, at any point, to investigate allegations that are materially beyond the scope of the initial written notice, the College will provide a supplemental written notice describing the additional allegations to be investigated.
Criminal Reporting Procedures
Reporting to Public Safety and/or the local police is an option at any time following a sexual violence or assault incident. If the victim chooses not to report to the police immediately, he/she can still make the report at a later time. However, with the passage of time, the ability to gather evidence to assist with criminal prosecution may be limited. Depending on the circumstances, the police may be able to obtain a criminal restraining order on the victim’s behalf.
Amnesty for Reporting
To encourage reporting on the part of students, victims of Sexual Harassment will not be charged with alcohol, drug and most other policy violations related to their efforts to seek assistance.
Prohibition against Retaliation
No individual involved in a report or formal complaint alleging a violation of this policy or participating in the investigation or adjudication of such a complaint shall be subject to Retaliation.
Any report or Formal Complaint of Retaliation will be processed under this policy in the same manner as a report or Formal Complaint of Sexual Harassment, as the case may be. The College retains discretion to consolidate a Formal Complaint of Retaliation with a Formal Complaint of Sexual Harassment for investigation and/or adjudication purposes if the two Formal Complaints share a common nexus.
Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including dismissal for students and termination for faculty and staff.
Health/Counseling/Clergy
The individual may choose to seek advice and assistance from physicians, psychotherapists, professional counselors, clergy, sexual assault and domestic violence counselors and advocates, including individuals who work or volunteer for them.
Civil Lawsuits
The Complainant may choose to file a civil lawsuit against the Respondent, whether or not criminal charges have been filed. A civil lawsuit provides the Complainant the opportunity to recover actual damages, which may include compensation for medical expenses, lost wages, pain, suffering, and emotional distress.
Protective Orders
The Complainant may choose to obtain a protective or restraining order. Restraining orders must be obtained from a court in the jurisdiction where the incident occurred. Restraining orders can protect victims who have experienced or are reasonably in fear of sexual violence or assault, including domestic violence, dating violence or stalking. The Title IX Coordinator/ Deputy Title IX Coordinator can offer assistance with obtaining a protective or restraining order.
Clery Act
The College is obligated to report any incidents of sexual violence or assault on its annual crime statistics under the Clery Act. The College, under this Act, is also obligated to issue a timely warning when an incident of sexual violence or assault has occurred.
Non-Reporting
The individual is strongly encouraged to report any incident of sexual violence or assault to the police and/or the College’s Title IX Coordinator/Deputy Title IX Coordinator so that steps may be taken to protect the College community. However, non-reporting is also an option.