C. Process for Investigating and Resolving Complaints

This section describes how Olin will: 1) investigate a report that activates the Title IX process, 2) detail conduct that could violate Olin’s Sexual Misconduct Policy, and 3) determine what, if any, safety measures and/or disciplinary sanctions exist for individuals found responsible for violating Olin’s Sexual Misconduct Policy.

Initial Steps: Interim Measures
Upon receiving a report of conduct that could fall under Olin’s Sexual Misconduct Policy, the Title IX Coordinator will assess the need to take any immediate action to address the safety and health needs of the Complaining Party⁵ and the Olin community. The initial assessment is a preliminary action to determine the next steps for investigating the reported conduct and the need for any interim measures; it is not part of the investigation.

This initial process may include, but is not limited to, the following:
1. The Title IX Coordinator will contact the Complaining Party and encourage them to meet to discuss the nature and circumstances of the reported conduct, review relevant documentation that is available, and address the need for any interim measures. Examples of interim measures, with respect to sexual misconduct, include no-contract directives, requests for academic adjustments, changes to living, dining, transportation, working and/or immigration situations, statutorily-provided leave to employees pursuant to M.G.L. c. 49, § 52D, and other actions to address the situation and the Complaining Party’s immediate physical safety, emotional needs, and concerns on an interim basis.
2. The Title IX Coordinator will assess the reported conduct to determine whether circumstances pose a threat to the health or safety of the College community that warrants issuance of a timely warning, a stay-away order for any person, or any other interim protections, including, but not limited to, suspension of a student, placing an employee on leave, or restricting any individual from other privileges prior to completing an investigation. During the interim action, Olin reserves the right to prohibit the individual from entering Olin property or participating in any Olin activities, absent of written authorization from an appropriate College official. The failure of an individual to comply with an interim restriction is a violation of Olin’s Sexual Misconduct Policy and may lead to additional disciplinary action. The decision to impose interim restrictions will be communicated by the Title IX Coordinator and will be effective immediately.
3. The Title IX Coordinator will notify the Complaining Party about the availability of Olin’s Sexual Misconduct Policy as well as the right to report or the right to decline to report the matter to Public Safety and/or local law enforcement. A report to Public Safety or local law enforcement will not change Olin’s obligation to potentially investigate the matter but it may briefly delay the timing of an investigation if a law enforcement agency requests that the College delay its process for a reasonable amount of time to allow it to gather evidence of criminal conduct.
4. The Title IX Coordinator will notify the Complaining Party of the available resources for seeking medical treatment, counseling, spiritual guidance, or other interim measures. See Section IV and V.
5. If the Title IX Coordinator determines the reported conduct could, in any way, trigger Olin’s Sexual Misconduct Policy, they will contact the Complaining Party to discuss that determination. In collection with allegations of sexual misconduct, if, at any time, the Complaining Party requests that the process not move forward, Olin will weigh that request against its obligation to address any risk of harm to the Complaining Party or other individuals in the community and the nature of the incident or conduct at issue. Except in limited circumstances, in which the Complaining Party’s request not to proceed to investigation is granted, the Title IX Coordinator will proceed to Section VII.C.3. For further information please see Section VI.A.
6. If the Title IX Coordinator determines that the reported conduct would not, in any way, trigger the Sexual Misconduct Policy, they will advise the Complaining Party of such and refer the reported conduct to the appropriate office for addressing, consistent with their policy. If however, new information is subsequently provided, the reported conduct may be reevaluated to determine whether an investigation is warranted.
Optional Informal Resolution Procedures
The following Informal Resolution Procedure may not be used in an effort to resolve allegations of sexual violence, other inappropriate sexual contact, inducing incapacitation, and stalking or relationship violence, as each of these terms are defined in Section VII.A.

At any time prior to the Title IX Coordinator review of the investigative report, a Party may request an informal resolution of the complaint. All Parties and the Title IX Coordinator must agree to informal resolution for this option to be used. The Title IX Coordinator will assess the request for an informal resolution against the severity of the alleged violation and the potential risks to Olin community members. If the Title IX Coordinator determines that an informal resolution is appropriate, the Title IX Coordinator will notify the Parties. The Title IX Coordinator will facilitate a dialogue with the Parties in an attempt to reach a resolution. The allegation will be deemed resolved when the Parties expressly agree to an outcome that is acceptable to them, which is approved by the Title IX Coordinator in consultation with other appropriate College administrators. A Party may withdraw from the informal resolution process at any time. The Title IX Coordinator may also reinitiate an investigation at any time they deem appropriate.
The Investigation Phase
1. Notice of an Investigation. If it is determined that the reported conduct could trigger Olin’s Sexual Misconduct Policy and an investigation is required, the Title IX Coordinator will prepare a written notice to the Complaining Party and Responding Party that will include a brief description of the allegations, the portions of Olin’s Sexual Misconduct Policy that are alleged to have been violated, and any interim measures in place for which either Party must be made aware. This written notice does not constitute a finding or a determination of responsibility.
2. Information about Advisers in Connection with Allegations of Sexual Misconduct. In connection with an allegation of sexual misconduct involving sexual violence, or other inappropriate sexual contact, relationship violence or stalking⁶, each Party may have a single adviser of their choice present during any Olin sexual misconduct disciplinary proceedings, including any related meeting or interview held, pursuant to the Sexual Misconduct Policy. Advisers may not participate actively while present at any disciplinary proceeding and may not speak or otherwise communicate on the part of the Party that they represent. However, the adviser may ask to suspend any meeting or interview briefly to provide private consultation related to the disciplinary proceeding in progress. An adviser is subject to the same confidentiality expectations applicable to others in attendance. Accommodations, including scheduling of interviews or reviews, generally will not be made for any advisers if they unduly delay the process. Without prior approval of the Title IX Coordinator, as determined in their sole discretion, the adviser is not permitted to attend a meeting or proceeding without the Party. Olin reserves the right to take appropriate action regarding any adviser who disrupts the process, or who does not abide by the restrictions on their participation as determined in the sole discretion of the Title IX Coordinator. A union-represented employee who is the Responding Party may choose an adviser who is not a union representative, if the Responding Party does not desire to have the union representative participate in the proceeding⁷.
3. Support Services and Resources. The Parties should review Section IV and V regarding the available support services and resources at Olin. At the request of either Party or witness, the Title IX Coordinator can provide additional information on the support services, resources, and options available.
4. Designation of Investigator. The Title IX Coordinator will designate at least one investigator to conduct a prompt, fair, and impartial investigation of the reported conduct and prepare a report of investigative finding (the “Investigative Report”). At Olin’s discretion, the investigator may be an external investigator and more than one investigator may be assigned. All investigators will be selected from a group of qualified and trained individuals engaged by Olin for the purpose of conducting investigations under Olin’s Sexual Misconduct Policy. The Title IX Coordinator will provide the Parties with the name of the investigator(s) assigned to investigate the reported conduct. As soon as possible, but no later than three (3) calendar days after notification of the identity of the Investigator(s), the Parties should inform the Title IX Coordinator (in writing) of any conflicts of interest with regard to the selected Investigator(s). The Title IX Coordinator will consider the nature of the conflict and determine if different investigator(s) should be assigned. The Title IX Coordinator’s decision regarding any conflicts is final. The Title IX Coordinator may consult with other Olin employees (e.g., the Dean of Students and/or Director of Human Resources) to discuss any conflicts of interest.
5. Nature of the Investigation. The investigation will include separate interviews with the Complaining Party, the Responding Party, and any witnesses whom the Investigator(s) believe will provide necessary and relevant information. The investigation may include review of documentation or other items relevant to the reported conduct. The Investigator(s) will provide the Parties with written notices of meetings in which their presence is required.
6. The Parties’ Identification of Potential Witness and Documentation. The Parties have the opportunity to identify potential witnesses who have specific information about the reported conduct and with whom they would like the Investigator(s) to speak. The Parties also have the opportunity to provide the Investigator(s) with any documentation or other items or questions they would like to be considered. All information described in this section must be presented to the Investigator(s) in writing and include a brief description as to how the persons, documents, and/or items are relevant to the reported conduct. This information must be provided to the Investigator(s) during the Investigation Phase and without delay upon becoming aware of it. The Investigator(s) will exercise discretion in their determination of what information to consider and which potential witnesses identified by the Parties can provide relevant information to the investigation.
7. Investigation Prohibitions. Neither Party will be permitted to question or cross-examine the other Party directly during the investigation or disciplinary proceedings. Moreover, the Investigator(s) generally will not gather or consider information related to either Party’s sexual history outside of the conduct in question.
8. Responding Party Voluntary Agreement to Policy Violation. At any point prior to the Title IX Coordinator’s review of the investigative report, a Responding Party may agree, in writing, to 1) the alleged violation(s) of Olin Sexual Misconduct Policy and 2) proposed sanction, in cases of sexual harassment not involving sexual violence, other inappropriate sexual contact, sexual exploitation, stalking or relationship violence. In cases of sexual violence, other inappropriate sexual contact, sexual exploitation, stalking or relationship violence, the Title IX Coordinator will determine and impose sanction(s) pursuant to Section VII.C.5.a below.
Investigative Report and Determination of Responsibility by Title IX Coordinator
1. Content of the Investigative Report. At the conclusion of the Investigation Phase, the Investigator(s) will prepare an Investigative Report, which would include a summary of the factual information presented during the Investigation Phase, a separate section where the Investigator(s) point out relevant consistencies or inconsistencies (if any) between different sources of information, and a separate section describing the Investigator(s)’ perception of the demeanor of the individuals interviewed. The Investigative Report will not include a determination by the Investigator(s) as to whether a Party has violated Olin’s Sexual Misconduct Policy or what sanctions may be appropriate. These determinations will be made by the Title IX Coordinator, as described below.
2. Review by the Parties. The Parties will have an opportunity to review the Investigative Report and may submit written comments about the content of the Investigative Report to the Investigator(s) within five (5) calendar days of the date they are notified that the Investigative Report is available for review. This review will take place at a secure location and in a secure manner determined by the Title IX Coordinator. The time to submit written comments can be extended for a brief period if the Title IX Coordinator concludes, in their sole discretion, that additional time is warranted. Likewise, the secure location and manner of reviewing the Investigative Report can be modified if the Title IX Coordinator deems it necessary and appropriate. Each Party may have their adviser review the Investigative Report with them. Photographs or any other copies of the Investigative Report are not allowed by either Party or adviser. The comments submitted by the Parties may not exceed ten (10) double spaced pages unless a higher page limit is otherwise determined to be necessary and appropriate in the sole discretion of the Title IX Coordinator. After reviewing the submissions, if any, from the Parties, the Investigator(s) may determine that either additional investigation is required, or no further investigation is needed. If further investigation is conducted, the Investigator(s) will include any additional relevant information in the Investigative Report. The Investigative Report will then be submitted to the Title IX Coordinator. Any submissions made by either Party pursuant to this section, as well as any other documentation deemed relevant by the Investigator(s), will be attached to the Investigative Report.
3. Review and Determination by the Title IX Coordinator. The Title IX Coordinator will make a determination as to whether or not the Responding Party is responsible for violating Olin’s Sexual Misconduct Policy by having engaged in some or all of the reported conduct. The Title IX Coordinator has the authority to accept the Investigative Report without seeking additional investigation, or to ask the Investigator(s) to conduct additional investigation on specific points. The Title IX Coordinator in their discretion, may invite the Investigator(s) to attend a meeting if they believe it would be helpful to ask the Investigator(s) any questions arising from the Investigative Report. The Title IX Coordinator also has the authority, in their discretion, to speak directly with any persons identified in the Investigative Report. The Title IX Coordinator, as the ultimate decision-maker in the matter, is provided broad discretion.
4. Notification of Decision. Upon reaching a determination of responsibility, the Title IX Coordinator will draft a written notification of the decision. If sanctions are necessary, they will be assigned in accordance with Section VII.C.5 below. The notification will consist of a brief statement of the allegations and the determinations made by the Title IX Coordinator.
5. Standard of Proof. All findings and determinations of responsibility under Olin’s Sexual Misconduct Policy will be made using a preponderance of the evidence standard. This standard requires the determination of whether it is more likely than not (>50%) that a fact exists or that a violation of Olin’s Sexual Misconduct Policy occurred.
  Please note that the preponderance of the evidence standard is not the standard used for criminal culpability in most jurisdictions, and a determination of responsibility under Olin’s Sexual Misconduct Policy does not equate with a finding of a violation of criminal laws. Conversely, lack of a prosecution or conviction in a criminal proceeding does not necessarily imply that Olin’s Sexual Misconduct Policy was not violated. The two procedures are significantly different and utilize different standards for determining violations.
6. Student Group, Organizations Teams, and Team Leaders. A student group, organization, team, or team leader may be held responsible for a violation of Olin’s Sexual Misconduct Policy when one or more members of the group or other individuals associated with the group, organization or team are found responsible for a violation of Olin’s Sexual Misconduct Policy and the Title IX Coordinator separately determines that:
  - Members of the group, organization or team acted in concert with respect to misconduct;
  - The individual found responsible for committing the misconduct was either acting on behalf of the group, organization or team or engaged in an activity sponsored, financed or endorsed by the group, organization or team or its leaders;
  - The misconduct arises from, occurs during, or is related to any activity or event sponsored, financed or endorsed by the group, organization or team;
  - Any leader, officer, or team captain of group, organization or team had knowledge of the misconduct or incident before or while it occurred and failed to take corrective action; and/or
  - A pattern of individual misconduct by members of the group, organization or team is found to exist.
  The designated student leader or leaders (e.g., president, officer(s), or team captain(s)) shall represent the student group, organization or team throughout the process.
Determination of Sanctions
The Title IX Coordinator will determine the appropriate sanction in the event that the Responding Party is found responsible for violating Olin’s Sexual Misconduct Policy. The determination will be in writing and shared simultaneously with the Parties as detailed in Section VII.C.6.
1. Types of Sanctions
  1. Employees. Sanctions imposed with respect to Responding Parties who are employees may include, but are not limited to, one or more of the following: dismissal from employment, non-renewal of an employment contract, suspension, probation, reprimand, warning, issuance of a no-contact order, training and/or counseling.
  2. Students. Sanctions may include, but are not limited to, one or more of the following: expulsion, suspension, probation, reprimand, warning, restitution, education/counseling, issuance of a no-contact order, restriction from extracurricular programs or activities, loss of leadership opportunity or positions in activities, housing restriction/relocation, and/or loss or restriction from College employment.
  3. Student Groups, Organizations, Teams, and Team Leaders. Sanctions for groups, organizations, teams, and team leaders may include, but are not limited to, one or more of the following: suspension, revocation or denial of registration or recognition, probation, reprimand, warning, restitution, restriction, and/or educational directive.
  4. Considerations. In determining an appropriate sanction, the College may take into account the following:
    - The nature and circumstances of the misconduct.
    - The impact of the misconduct on the Complaining Party.
    - The impact of the misconduct on the College community.
    - The disciplinary history of the Party deemed responsible.
    - Any other mitigating or aggravating circumstances in order to reach a fair and appropriate resolution in each case. Range of sanctions are typically imposed for similar violations.

The Title IX Coordinator reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating or aggravating circumstances. The appellate officer will not deviate from the range of recommended sanctions unless compelling justification exists to do so. See Section VII.C.7 and VII.C.7.a.

Additional Remedies. The Title IX Coordinator may also identify additional remedies to address the effects of the conduct on the impacted Party. Remedies may include extending or making permanent any interim or safety measures. If a Complaining Party declined or did not take advantage of a specific service or resource previously offered, Olin may re-offer the service, as applicable or necessary. The Title IX Coordinator may also consider broader remedial action for the campus community, such as increased supervision or monitoring, targeted or increased education and prevention efforts, and review of policies and procedures. In addition, if any matter raised, but not addressed hereunder, potentially violates any other Olin policy, rule, or procedure, the Title IX Coordinator may refer the matter raised to the appropriate officials, irrespective of the finding under this Policy.
Notification of Investigation Outcome
The Title IX Coordinator will inform the Parties in writing of 1) the outcome of the disciplinary proceeding and 2) the procedures for either Party to appeal the result of the disciplinary proceeding. The Title IX Coordinator will also inform other Olin officials with a legitimate educational interest about the outcome of the finding. Notice to these other individuals will be accompanied with a request that the information should remain confidential except in situations in which disclosure is necessary to protect the safety of the community.
Appeals
Within three (3) business days of the delivery of the notice of the decision of responsibility and/or sanction, either Party may appeal the decision by submitting to the Title IX Coordinator a letter stating why the Party requesting the appeal believes the determination of responsibility and/or sanctions were inappropriate. A Party appealing under this section may only appeal on the following grounds:
- Procedural error by the Investigator(s) or Title IX Coordinator that materially prejudiced the Party requesting review; and/or
- Newly discovered material information that was not known to the Party requesting review and not available to the Investigator(s) and Title IX Coordinator which likely would have changed the finding of responsibility or the sanction imposed, had it been available.
The Party submitting the appeal must set forth, in detail, the grounds for review and must attach all materials that they wish to have considered in the appeal process. The Title IX Coordinator will provide a copy of the appeal submitted by one Party to the other Party.
1. The Appellate Officer(s): The Provost (or an impartial designee) will be the Appellate Officer. The Appellate Officer(s) will decide the merits of any appeal and, in doing so, may consult with the Investigator(s), the Title IX Coordinator, and any other individual the Appellate Officer(s) deem appropriate.
  Sanctions of all types (including, but not limited to, any form of suspension, dismissal, or separation from the College) can be imposed, in full or in part, while an appeal is pending at the sole discretion of the Title IX Coordinator.
  
  The Appellate Officer(s) may 1) deny the appeal and affirm all or part of the determination of responsibility or the determination of sanction or 2) refer the matter back to the Investigator(s) and Title IX Coordinator for further consideration, with specific instruction. In the event of a referral for further consideration, the Title IX Coordinator will be consulted and further proceedings may commence, as appropriate under the circumstances, consistent with Olin’s Sexual Misconduct Policy.
  
  The decision of the Appellate Officer(s) regarding the appeal will be in writing and is final. The Title IX Coordinator will inform the Parties simultaneously and in writing of the outcome of the appeal.
Timeframe for Completion of Investigation and Disciplinary Process
Olin cannot promise the definitive timeframe of this process, but ordinarily will complete its investigation and disciplinary process, if any, within sixty (60) days of the delivery of written notice of the investigation to the Parties. This time period does not include the time for any appeal. The U.S. Department of Education (DOE) has made clear that the length of investigations may vary with the complexity and unique factors in each case. Examples of such factors include, without limitation, circumstances in which critical witnesses are unavailable, or if law enforcement requests that Olin temporarily halt its investigation for a brief period of time. Accordingly, all timeframes set forth in Olin’s Sexual Misconduct Policy may be altered by the Title IX Coordinator for good cause. Olin’s overarching goal is that all complaints be investigated in a prompt, fair, and impartial manner.
Additional Matters
1. Duty of Truthfulness. All Parties and witnesses are obligated to be completely truthful during the course of the entire process set forth in Olin’s Sexual Misconduct Policy. Any person who knowingly makes a false statement, either explicitly or by omission, in connection with any part of the process, may be subject to separate disciplinary action. A report made in good faith, however, is not considered false merely because the evidence does not ultimately support or refute the allegation of violation of the policy.
2. Duty of Cooperation. All Parties and witnesses are obligated to cooperate with the Title IX Coordinator and any persons charged with implementing Olin’s Sexual Misconduct Policy and these procedures. Any person who knowingly interferes with the actions taken to implement the reporting, investigation, or resolution of matters under Olin’s Sexual Misconduct Policy may be subject to separate and/or additional disciplinary action.
3. Respect for Privacy. Olin values the privacy of individuals involved in the reporting, investigation, and/or resolution of matters subject to Olin’s Sexual Misconduct Policy. The U.S. Department of Education (DOE) has provided guidance indicating that there are situations in which it may be necessary for an institution to override a request for privacy or confidentiality in order to meet its obligations under the law. In the event that circumstances result in Olin overriding a request for privacy or confidentiality to meet its obligations, Olin will do so with the utmost sensitivity and respect for the circumstances and the individuals involved. See Section VI.A.1.
  It is expected that all Parties involved maintain strict confidentiality of any related content or information associated with Title IX proceedings. Failure to do so may constitute an act of retaliation. See section VII.C.9.F below.
4. Participation in Proceeding. To enable the most accurate and fair review of the facts, the respondent is expected to attend and participate in meetings during the course of an investigation under Olin’s Sexual Misconduct Policy. If an individual chooses not to attend one or more meetings, the allegations will be reviewed on the basis of the information and evidence available, and a decision will be made. Although no inference may be drawn against an individual failing to attend a meeting or remaining silent, the process will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the respondent to attend one or more meetings, to participate in such meeting(s) or to answer the allegations.
5. Recording the Proceeding. The Parties are not permitted to make video, audio, or other electronic, photographic, or digital recordings of any meetings or proceedings held under Olin’s Sexual Misconduct Policy or these procedures, including the Investigative Report. The Title IX Coordinator may make exceptions to this prohibition in limited circumstances if they conclude, in their sole discretion, that a recording is warranted, and upon written request of the Party seeking the recording that explains the need for the recording.
6. Follow-up with Reporting Party. Where the Title IX Coordinator deems appropriate, they may contact the Reporting Party to provide an update on the process, the timing and extent of which will be determined by the Title IX Coordinator and depend upon the nature of the allegations and the situation.
7. Prohibition against Retaliation. The College will not tolerate retaliation in any form against any persons for their participation or involvement in the reporting, investigation, and/or resolution of matters reported or subject to Olin’s Sexual Misconduct Policy, including retaliation against the Title IX Coordinator. The College will take appropriate steps to prevent and/or address retaliatory conduct immediately. The College includes retaliation in its definition of prohibited conduct under Olin’s Sexual Misconduct Policy. See Section VII.A.
8. Accommodations for Students with Disabilities. Reasonable accommodations will be provided to an individual with disabilities in accordance with applicable law. An individual with a disability who requires an accommodation for any meeting or process under Olin’s Sexual Misconduct Policy must request an accommodation through the Title IX Coordinator. The Title IX Coordinator, in possible consultation with the Assistant Dean of Student Affairs (student accommodations) or Human Resources (employee accommodations), will make a determination regarding the request and notify the appropriate parities.
9. Amnesty for Student Reporting Sexual Misconduct. Olin encourages reporting under Olin’s Sexual Misconduct Policy and seeks to remove barriers to reporting. Students may be hesitant to report sexual violence, relationship violence or stalking out of a concern that they, or witnesses, might be charged with violations of Olin’s policy prohibiting the use of drugs or alcohol. While Olin does not condone such behavior, Olin places a priority on the need to address sexual misconduct. Olin, generally, will not hold a student who in good faith reports or is a witness during an investigation responsible under Olin’s Sexual Misconduct Policy. Under limited circumstances, a person who reports conduct under the Sexual Misconduct Policy may be held accountable for their own misconduct if it is determined that 1) the behavior placed the health and safety of any person at risk or 2) if the behavior created a danger to the Olin community. Olin retains the right to require students to attend counseling or drug/alcohol related courses even in circumstances in which disciplinary conduct will not be pursued under Olin’s Sexual Misconduct Policy.
10. Record Retention. Title IX related files are maintained separately from any other academic, employment or official file at Olin by the Title IX Coordinator. Generally, records will be retained for seven (7) years after the date of an incident unless 1) Olin is mandated to maintain the record in compliance with federal, state, or local law or Olin policy and/or 2) the case resulted in an expulsion, termination or rescission of acceptance, in which case the individuals entire Title IX file will be retained indefinitely.
11. Special Situations. Olin retains the right to determine, in its sole discretion, if it will address a report of conduct under Olin Sexual Misconduct Policy administratively and outside of the process described herein when the safety of the Olin community is at risk, if the material facts are undisputed, if there are extenuating circumstances involving either of the Parties, or if the Title IX Coordinator, in consultation with appropriate administrators, determines it is in the best interest of the College and/or the community to do so.