TITLE IX, NON-DISCRIMINATION STATEMENTS

Students now have more control whether to file a formal complaint or ask for supportive measures. If a student feels that they have experienced sexual harassment as defined in the Title IX definitions above and within the school’s program, the complainant should contact the School’s Title IX Coordinator, who will listen and review the complainant’s situation. She will provide the complainant with the Title IX definitions for sexual harassment for the student’s review. The Title IX Coordinator has the authority to institute corrective measures, including offering supportive measures to the complainant (alleged victim). She will inform the complainant of the grievance process, that they have an option and a process for filing a formal complaint. She will inform the complainant the process of filing a formal complaint and how the School will proceed with a formal complaint. The School will provide supportive measures to the complainant under the circumstances whether or not a formal complaint is filed. The Title IX Coordinator may not encourage or discourage a complainant to file a formal complaint or participate in a grievance process.

The School will investigate all formal complaints. If the alleged victim chooses to file a formal complaint,the School will investigate the complaint. The complainant and the respondent will have the opportunity to provide a statement, present evidence, and speak at a live hearing. Both the complainant and the accused may obtain an adviser, such as an attorney or other person to represent them. Each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. The School officials involved in the hearing shall use the clear and convincing evidence standard to determine the outcome of the hearing and will provide a written determination and rationale to the complainant and the respondent.

All school official’s involved in the grievance process are thoroughly familiarized with the Title IX definitions and the OCR webinars and resource information on this disclosure, as well as through the School’s training material created using the same resources and the school policies and procedures.

ENSURING EVEN-HANDED JUSTICE: The new rules will also ensure that schools can no longer inflict longstanding harm against students before providing basic, fair procedures. This final regulation will also provide due process protections to students facing accusations of sexual misconduct. Bureaucracy created in our Nation’s institutions of higher education have often stacked the deck against the accused, failing to offer protections such as a presumption of innocence or adequate ability to rebut allegations. The regulation prescribes a transparent grievance process that treats the accused as innocent until proven guilty, requires the school to state a standard of evidence, and requires the school to provide a written decision and rationale. Recognizing that colleges often fail to provide due process, Federal courts reviewing campus adjudications have stepped in to issue more than 100 decisions favorable to the accused.

Today’s protections will legitimize the process and support survivors, including by ensuring that final findings of responsibility are credible.