Student Handbook 2024-25 > Sexual and Interpersonal Misconduct and Title IX Policy and Procedure > X Initiating a Complaint With the College

X Initiating a Complaint With the College

A. Period of Limitations

There is no window of time after an incident of Prohibited Conduct has occurred in which to file a complaint with the College. The College, however, strongly encourages early filing of a complaint in order to preserve evidence for a potential legal or College grievance proceeding. Delays in making a complaint, while permitted, may limit the College’s ability to investigate and respond effectively, given the passage of time.

B. Notice of Allegation(s) to the Parties

When the Title IX Coordinator decides that a resolution process under this Policy will be initiated, the Title IX Coordinator will provide the following written notice to the parties who are known:

• Notice of the applicable College grievance process, including information regarding the College’s informal resolution process (if available); the College will also provide the parties with a link to this full Policy.
• Notice of the allegations potentially constituting Prohibited Conduct, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:

• The identities of the parties involved in the incident, if known;
• The conduct allegedly constituting Prohibited Conduct, which will include a specific statement of which policies were allegedly violated and by what actions; and
• The date, time and location of the alleged incident, if known.

• A statement that retaliation is prohibited.
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the applicable grievance process.
• A statement informing the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, during the grievance process, and that they will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker.
• A statement that they are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence.
• A statement informing the parties that knowingly making false statements or knowingly submitting false information during the grievance process is prohibited and subject to appropriate disciplinary action.

If, in the course of an investigation, the College decides to investigate allegations that are not included in the notice provided above, the Title IX Coordinator will provide notice of the additional allegations to the parties whose identities are known.

C. Consolidation of Complaints

The Title IX Coordinator may consolidate complaints as to allegations of Prohibited Conduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of Prohibited Conduct arise out of the same facts or circumstances.

D. Emergency Removal Procedures

In cases that involve allegations of conduct that would, if proved, constitute Prohibited Conduct as defined above, the Title IX Coordinator or Deputy Coordinator may remove a student or employee from the College’s education program or activity on an emergency basis, provided that the Coordinator (or designee):

1. Undertakes an individualized safety and risk analysis;
2. Determines that an imminent and serious threat to the health or safety of any student, employee, or other individual arising from the allegations of Prohibited Conduct justifies removal; and
3. Provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

This provision will not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.

An emergency removal does not replace the regular grievance hearing process in Prohibited Conduct cases, which will proceed on the normal schedule, up to and through a hearing, if required.

E. How to Challenge an Emergency Removal Decision

Challenges are resolved by the Dean of Student Affairs. A challenge must be submitted in writing by the Respondent within five (5) business days after the receipt of the Title IX Coordinator’s or Deputy Title IX Coordinator’s emergency removal decision.

The challenge statement must specify the grounds for the challenge and include any evidence in support of the grounds.

During the challenge, the emergency removal decision will remain in place. A written response to the appeal will be provided by the Dean of Student Affairs to the Respondent by mail and email (if both addresses are known). The outcome of the challenge decision is final.

F. Administrative Leave

In cases that involve allegations of Prohibited Conduct as defined above, the College may place an employee Respondent (including a student employee Respondent, with regard to their employment duties) on paid or unpaid administrative leave during the pendency of a resolution process, at the College’s discretion. This provision will not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.