EQUAL OPPORTUNITY, HARASSMENT AND NONDISCRIMINATION POLICY

Overview

This Policy is intended to fully comply with applicable law, including Title VII, Title IX, the Clery Act, and state law, and will be interpreted and applied by the College accordingly. As such, this Policy supersedes any contrary policy/process/provision contained in Central’s Student or Employee policies, procedures, and documents.

This Policy and procedures will be reviewed annually by the Title IX Coordinator. Central College reserves the right to make changes to this Policy as necessary, and once those changes are posted online, they are in effect. During any resolution process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with prior written notice to the Parties upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Policy and procedures.

This policy is not a contract, is not intended to afford contractual or third-party beneficiary rights to any individual, and does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such policies and codes.

Definitions

Complainant: an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class as prohibited by this Policy; or retaliation for engaging in a protected activity.

Confidential Resource: an employee, person, or entity who by a legal privilege or professional obligation will maintain confidentiality unless there is clear and imminent threat to a client or others or when legal requirements demand such as court-ordered testimony.

Day: a calendar day.

Final Determination: A conclusion by a preponderance of evidence standard that it is more likely than not that the alleged conduct occurred and whether it did or did not violate policy.

Finding: A conclusion by the preponderance of evidence standard that it is more likely than not that the conduct did or did not occur as alleged.

Formal Grievance Process:  “Process A,” a method of formal resolution designated by the College to address conduct that falls within the scope of Title IX, and which complies with the requirements of 34 CFR Part 106.45.

Hearing Decision-Maker or Panel: those who have decision-making and sanctioning authority within the College’s Formal Grievance process.

Investigator: the person or persons charged by the College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.

Official with Authority (OWA): an employee of the College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the College.

Parties: include the Complainant(s) and Respondent(s), collectively.

Process A: the Formal Grievance Process for qualifying allegations of sexual harassment under Title IX (including sexual assault, dating violence,  domestic violence, and stalking) involving students, staff, administrators, or faculty members which fall within the College’s educational programs or activities.

Process B: the resolution procedures for offenses that fall under policies on protected class harassment or discrimination. Process B can also apply to sexual harassment (including sexual assault, dating violence, domestic violence, and stalking,) when jurisdiction does not fall within Process A, of which parties will receive notice from the Title IX Coordinator.

Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class under this Policy; or retaliation for engaging in a protected activity.

Sanction: a consequence imposed by the College on a Respondent who is found to have violated this Policy.

Sexual Harassment: the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence as defined in this Policy.

Title IX Coordinator: at least one official designated by the College to ensure compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.

Title IX Team: the Title IX Coordinator, any deputy coordinator, and any member of the Grievance Process Pool.

Responsibilities

See Definitions.

Policy Details

Introduction/Statement Of Policy

Central College is committed to providing a learning and working environment, as well as other benefits, programs, and activities, that are free from discrimination, harassment, and retaliation. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of its educational programs or activities, Central College has developed internal policies and procedures that provide prompt, fair, and impartial processes for those involved in an allegation of discrimination or discriminatory harassment on the basis of protected class status, and for allegations of retaliation.

The College urges individuals to report any of these acts to campus officials under these administrative provisions. The college also encourages individuals to promptly report any such act that might also constitute a crime to local law enforcement, although it is a victim’s choice to contact law enforcement. Central College values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in its resolution processes during what is often a difficult time for all those involved.

Through this Policy the College intends to:

• Educate all constituencies about what constitutes discriminatory harassment and discrimination, including sexual harassment under Title IX in 34 CFR Part 106.3, other federal anti-discrimination law, and state law;
• Inform students, faculty and staff of this Policy and the procedures for reporting discriminatory harassment and discrimination within the college;
• Encourage students, faculty and staff to report discriminatory harassment and discrimination that constitutes a crime to the appropriate law enforcement authorities;
• Educate student safety and college personnel about their responsibilities, the laws, and potential sanctions and liabilities when discriminatory harassment or discrimination occurs;
• Inform students, faculty and staff of the supportive measures available when a complaint of discriminatory harassment or discrimination is made; and
• Educate students, faculty and staff to be respectful of the limits expressed or implied by their partners in sexual contacts.

Applicable Scope And Jurisdiction

General Scope: The core purpose of this policy is the prohibition of all forms of discrimination and discriminatory harassment as defined herein. Members of the Central College community, guests and visitors have the right to be free from discrimination, discriminatory harassment, and retaliation. All members of the community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The Central College Equal Opportunity, Harassment, and Nondiscrimination Policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. The purpose of this Policy is to promote compliance with applicable campus, state and federal regulations; to allow for behavior that is inconsistent with the Central College policies to be appropriately reported, investigated, and sanctioned; and to educate all members of the college community about implications and consequences of their behavior.

This policy covers conduct that occurs at all Central-sponsored programs and activities, as well as conduct that occurs on the campus or on property owned or controlled by Central College. The policy can also cover prohibited conduct that initially occurs off-campus when students or employees experience continuing effects of the off-campus acts in the educational or work setting that effectively deprive them of access to Central’s educational program. The policy covers conduct perpetrated by faculty, staff, students, and third parties, and if the respondent is unknown or not a member of the Central community, the Title IX Coordinator will assist the complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report.

Scope under Title IX for Sexual Harassment: The College’s scope under Title IX is limited to locations, events, or circumstances over which it substantially controls both the respondent and the context in which the alleged harassment occurs, as well as any building owned or controlled by a student organization that is officially recognized by the college, such as a fraternity or sorority. The College’s scope under Title IX is also limited to conduct against a person that occurs in the United States.

Any person may file a complaint alleging a violation of this policy. If a report or complaint falls under the college’s scope under Title IX, the college will utilize Process A to respond and will not proceed under any other College policy or procedure if doing so would interfere with any right or privilege provided to a party under Title IX. If the College determines that a report or complaint does not fall under the College’s scope under Title IX, but nonetheless falls under this Policy and/or its general scope, the College may still take action for such alleged conduct, including under Process “B” of this Policy.

Definitions Of Prohibited Conduct

A. Discrimination

As described in Central’s Welcome Statement (Nondiscrimination Policy) (accessed online at https://www.central.edu/about/welcome-statement/), the College does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of race, color, creed, national origin, religion, disability, sex (including pregnancy), age, sexual orientation, gender expression and identity, genetic information (for employees), or any other characteristic protected by law.

Any member of the Central community whose acts deny, deprive, or limit the educational or employment access, benefits, and/or opportunities of any member of the Central community, guest, or visitor on the basis of that person’s actual or perceived membership in the protected classes listed above is in violation of the College’s policy on nondiscrimination.

When brought to the attention of the College, any such discrimination will be promptly and fairly addressed and remedied by Central according to the appropriate resolution process described elsewhere in this Policy.

B. Discriminatory Harassment

Students and employees are entitled to an employment and educational environment that is free of discriminatory harassment. Central College’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom.

Discriminatory harassment is defined as unwelcome conduct on the basis of actual or perceived membership in a class protected by policy or law, and which creates a “hostile environment.” Central College does not tolerate discriminatory harassment of any employee, student, visitor, or guest.

A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities. This discriminatory effect results from harassing verbal, written, graphic, or physical conduct that is severe or pervasive and objectively offensive.

When discriminatory harassment rises to the level of creating a hostile environment, Central may also impose sanctions on the respondent through application of the appropriate resolution process below. The college also reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature and not based on a protected status. Addressing such conduct may not result in the imposition of discipline under Central’s policy, but may be addressed through respectful conversation, remedial actions, education, effective alternate resolution, and/or other informal resolution mechanisms.

C. Sexual Harassment

Prohibited acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.
Sexual Harassment, as an umbrella category, includes the offenses below:

1. Conduct on the basis of sex that satisfies one or more of the following:
   1. Quid Pro Quo: An employee of Central College conditions the provision of an aid, benefit, or service upon an individual’s participation in unwelcome sexual conduct;
   2. Hostile Environment: Unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the college’s education program or activity, including work;
2. Sexual Assault: One of the following offenses in which one has or attempts to have sexual contact or sexual penetration with another individual without their consent:
   1. Rape: the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person without consent of the victim;
   2. Fondling: the touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim;
   3. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; or
   4. Statutory rape: sexual intercourse with a person who is under the statutory age of consent. 
3. Dating Violence:
   Violence committed by a person who has been in a romantic or intimate relationship with another. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
4. Domestic Violence: Felony or misdemeanor crime of violence committed by:
   1. Current or former spouse or intimate partner of the victim;
   2. Person with whom the victim shares a child in common;
   3. Person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
   4. Person similarly situated to a spouse of the victim under the laws of the State of Iowa or the jurisdiction in which the incident reported occurred; and
   5. Any other person against an adult or youth victim who is protected from that person’s act under the laws of the State of Iowa.
5. Stalking: Engaging in a course of conduct toward another person under circumstances that would reasonably cause a person to fear bodily injury to themselves or others or to experience substantial emotional distress.

As used in the offenses above, the following definitions and understandings apply:

Consent: Effective consent is informed, freely and actively given, mutually understandable words or actions which indicate a willingness/permission to engage in sexual activity, and specific sexual conduct. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.
Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease as soon as reasonably possible.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.

Consent is not effective if a party is incapacitated, or it results from the use of fraud, force, threats, intimidation, or coercion.

Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”). Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Incapacitation: Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). Incapacitation can result from the use of alcohol or other controlled substances, or from mental or physical incapacity. Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

It is a defense to a sexual assault policy violation that the respondent neither knew nor should have known the complainant to be incapacitated. “Should have known” is an objective, reasonable person standard which assumes that a reasonable person is both sober and exercising sound judgment.

D. Other Prohibited Offenses

In addition to the forms of discriminatory and sexual harassment described above, Central College additionally prohibits the following offenses as forms of discrimination/harassment when the act is based upon the complainant’s actual or perceived membership in a protected class. In this section, the definition of “consent” is the same as defined above.

1. Sexual Exploitation, defined as: taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that conduct does not otherwise constitute sexual harassment under this Policy. Examples of Sexual Exploitation include, but are not limited to:
   1. Sexual voyeurism (such as viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent);
   2. Invasion of sexual privacy;
   3. Prostituting another person;
   4. Recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent;
   5. Distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure, including the making or posting of revenge pornography;
   6. Knowingly transmitting a sexually transmitted disease (STD) or infection (STI) or human immunodeficiency virus (HIV) to another individual without informing the other person of the infection;
   7. Exposing one’s genitals to another when the exposing individual knows or should have known that the other person did not consent to such exposure and objects to such exposure; causing another to expose genitals without that person’s effective consent;
   8. Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity;
   9. Misappropriating another person’s identity on apps, websites, or other venues designed for dating or sexual connections;
   10. Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity;
   11. Knowingly soliciting a minor for sexual activity;
   12. Engaging in sex trafficking;
   13. Creating, possessing, or disseminating child pornography.
2. Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person;
3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the Central community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Abusive Affiliation (Hazing) Policy);
5. Bullying, defined as: Repeated and/or severe unwelcome aggressive behavior that is likely to intimidate or intentionally hurt, control, or diminish another person, physically and/or mentally.

Violation of any other Central College policies may constitute prohibited conduct herein when a violation is motivated by actual or perceived membership in a protected class, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities.

E. Retaliation

Retaliation occurs when an individual harasses or intimidates another person because that other person filed a complaint, participated in the resolution process of a violation of this Policy, supported a complainant or respondent, and/or acted in good faith to oppose conduct that constitutes a violation of this policy. Harassment or intimidation includes but is not limited to threats or actual violence against the person or the person’s property, adverse educational or employment consequences, ridicule, taunting, bullying or ostracism. Retaliation is prohibited under this policy and is expressly prohibited by Title VII, Title IX and other state and federal laws.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a resolution proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. Central College is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

Steps To Take Immediately Following Sexual And/or Physical Violence

If a person experiences sexual and/or physical violence, many do not know where to turn for help or what steps to take. Although the choices about which options to explore rest with the victim, those who experience sexual or physical violence should consider the following steps:  

• Get to a safe place as soon as possible.
• Contact the local law enforcement (911). If the violence occurs on campus, Student Safety should also be notified by calling 641-628-9000.
• Seek immediate medical attention. Those who experience sexual and/or physical violence are strongly encouraged to seek immediate medical attention at an area hospital or medical clinic. If desired, an advocate from Crisis Intervention Services (641-673-5499 or 1-800-270-1620) can accompany a victim to the hospital, and Student Safety or other College personnel can provide transportation (641-628-9000).

For those who experience sexual violence, a Sexual Assault Nurse Examiner (a specially trained nurse) at the Pella Regional Health Center Emergency Room is on call (call Crisis Intervention Services at 1-800-270-1620 or go directly to the Emergency Room at 405 Monroe, Pella). Other clinical options include:

Pella Medical Center – Emergency/Urgent Care
405 Monroe
Pella, IA 50219
641-621-2200 (24/7 Nurseline)

Pella Regional Health Center Medical Clinic
404 Jefferson
Pella, IA 50219
641-621-2200 (24/7 Nurseline)

Planned Parenthood
For health centers in Iowa: https://www.plannedparenthood.org/health-center/ia
or call 877-811-7526

Please be aware that hospital personnel may be obligated to contact proper authorities regarding reported violence. Although you are not obligated to do so, those who experience sexual and/or physical violence are highly encouraged to take advantage of victim’s services to help understand options for off-campus proceedings and receive counseling.

• Preserve Evidence. In the event of a sexual assault, if at all possible, do not change clothes, shower, bathe, douche, defecate, or urinate prior to seeking medical attention. Emergency room personnel are trained to check for injuries, as well as collect physical evidence. It is important to preserve evidence for the proof of a violation of this policy or of a crime should you decide to pursue charges through law enforcement. Costs for providing and administering the rape kit are incurred by the Iowa Department of Public Health. The hospital staff will collect information, check for injuries, and address the possibility of exposure to sexually transmitted infections. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render information useless). If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. You can take a support person with you to the hospital, and they can accompany you through the exam, if you want. Do not disturb the scene-leave all sheets, towels, etc. that may bear information for the police to collect. You should also consider preserving texts, emails, social media posts, or other documentation as evidence for either a college resolution process or law enforcement action.
• Remember: you are not alone. Talking with someone who understands can help you sort out the emotional aftermath of sexual and/or physical violence. Because the reactions to these offenses are complex and often confusing, it’s important to remember that your feelings are normal and you are not alone. Central College counselors provide free counseling for those who experience sexual and/or physical violence. Additional confidential resources in the area are also available to you:

Central College Counseling Services
Maytag 231
641-628-5656

Crisis Intervention Services
207 A Ave. E, Oskaloosa, IA 52577
Office: 641-673-0336
Shelter: 641-673-5499
24/7 Emergency hotline: 1-800-270-1620

Crossroads
Pella Community Center
712 Union St.
Pella, IA
641-628-1212

Capstone – Newton
641-792-4012

Capstone – Grinnell
641-260-8270

Iowa Victim Service Call Center
1-800-770-1650
Text ‘IowaHelp’ to 20121

Heartland Christian Counseling Pella Clinic 
2611 Washington, Pella
641-628-9599

Life Point Counseling
611 Main, Pella
641-628-1723

A list of existing Campus and Community Resources for counseling, emergency/safety/security, health, legal assistance, mental health, student financial aid, Title IX coordinator, victim advocacy, visa and immigration assistance for students and employees can be found in the Central College Campus And Community Resources For Students And Employees.

Reporting A Violation Of This Policy

Incidents of discrimination and discriminatory harassment are notoriously underreported on college campuses, often because the complainant does not recognize their experience as a college policy violation, or due to their lack of knowledge of resources. By seeking assistance and reporting conduct covered by this Policy, complainants can initiate fair resolution processes and promote the standards of community and respect that are a part of Central College. The College encourages complainants to talk to somebody about what happened – so they can get the support they need, and so the College can respond appropriately.

1. Confidential Resources

If a complainant would like the details of an incident be kept confidential, they should speak with a campus counselor or the campus chaplain. These resources will maintain confidentiality unless there is present or future, clear and imminent threat to the client or others or when legal requirements demand that confidential information is revealed, e.g. court ordered testimony. In any situation where confidential information must be revealed, it will be done with client-informed consent whenever possible. Campus counselors are available to help students free of charge and can be seen on an emergency basis. Employees have access to counselors free of charge through the Employee Assistance Program (efr.org/login/). Off-campus victim counselors and rape crisis resources are also confidential resources. On and off-campus, emergency assistance is also available as listed below:

2. Official College Reporting Options

If complainants wish the college to be notified about and/or resolve an incident of harassment, discrimination and/or retaliation, they should report as promptly as possible to the Title IX Coordinator or other College Official With Authority (OWA):

1. Reports to the Title IX Coordinator
   The Title IX Coordinator is responsible for ensuring compliance with this Equal Opportunity, Harassment, and Nondiscrimination Policy and all related processes. The Title IX Coordinator has the primary responsibility for coordinating Central College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under this Policy. The Title IX Coordinator will typically not personally investigate any complaints or play any decision-making role with respect to responsibility findings or sanction decisions. The Title IX Coordinator should be considered an unbiased resource for all parties involved in the processes. The Title IX Coordinator acts with independence and authority free from bias and conflicts of interest. To raise any concern involving bias or conflict of interest by the Title IX Coordinator, contact the Central College President (President@central.edu). 

Jill Anderson
Title IX Coordinator and Chief Talent, Equity and Engagement Officer,
Office location: Central Hall 1A
Office phone: 641-628-5198
Email: TitleIX@central.edu or andersonji@central.edu
Address: Campus Box 6000, Central College, 812 University Ave., Pella, IA 50219

A report to the Title IX Coordinator may be made at any time (including during non-business hours), by using the telephone number or email address, or by mail to the campus box office address, listed for the Title IX Coordinator. Reports may also be made in person during business hours.

2. Reports to College OWAs
   An individual who is subjected to conduct covered by this Policy is encouraged to make an official college report directly to the Title IX Coordinator, but may also report to a College Official with Authority to take corrective action, or OWA. At Central College, the OWAs include all personnel who have a supervisory role, and residence life student employees. A report to an OWA is expected to be transferred immediately to the Title IX Coordinator.
3. Reports to Other, Non-Confidential College Employees
   At Central College all employees (including student employees) are expected to bring instances of alleged discrimination and harassment, including sexual harassment, to the attention of the Title IX Coordinator or an OWA, unless the employee is acting as a campus chaplain or campus counselor covered by the confidential reporting options listed elsewhere in this policy. When a complainant tells a college employee, other than the Title IX Coordinator, about an incident involving conduct covered by this policy, the individual should not expect confidentiality in that communication. Likewise, any College employee is expected to promptly share with the Title IX Coordinator all known details of a report made to them concerning conduct covered by this policy. Doing so will allow the Title IX Coordinator to reach out to the complainant to ensure safety, offer supportive measures, and provide options. College employees are not to investigate and are not required to obtain proof of any actual policy violation. To the extent possible, information reported to any college employee will be shared only with officials with authority responsible for handling the college’s response to the report.
4. Requests for Confidentiality and/or When a Complainant Does Not Wish to Proceed
   If a complainant does not want their name to be shared, does not want an investigation to take place, or does not want a formal complaint to be pursued, the request for confidentiality should be made to the Title IX Coordinator, either by the complainant or by a college employee who receives the report. The Title IX Coordinator will weigh the request for confidentiality/no formal action against the college’s obligation to provide a safe, non-discriminatory environment for all students and employees, including the complainant. In conducting this analysis, the Title IX Coordinator will weigh the complainant’s request and preferences against factors such as: the seriousness of the alleged misconduct; the complainants’ age; whether there have been other complaints against the accused that increase the risk of the campus community; whether the alleged incident involved threatened future sexual violence or use of force or a weapon; whether an incident involved multiple respondents; whether an incident involved alcohol, drugs, or any date rape drug; whether the school has other methods for obtaining relevant evidence (i.e., security cameras or physical evidence); and, when the matter is under the scope of Title IX, to what extent non-participation by the Complainant may impact the availability of evidence and the College’s ability to pursue a Formal Grievance Process fairly and effectively.

Based on this assessment, the college may decide not to honor the complainant’s desire for confidentiality, and investigate and adjudicate a violation of this policy, when doing so is not clearly unreasonable. If so, the Title IX Coordinator may sign a formal complaint to initiate a resolution process. The Title IX Coordinator will not become the complainant. The complainant retains all rights of a complainant under this policy irrespective of their level of participation. Central will not be able to ensure the complainant’s confidentiality, but will still offer and provide supportive measures.

In cases in which the complainant requests confidentiality/no formal action and the circumstances allow the college to honor that request, the college will offer informal resolution options (see below), supportive measures, and remedies to the complainant and the community, but will not otherwise pursue formal action.

If the complainant elects to take no action, they can change that decision if they decide to pursue a complaint at a later date. Upon making a complaint, a complainant has the right, and can expect, to have allegations taken seriously by the college, and to have the incidents investigated and properly resolved through these procedures.

3. Anonymous Reporting Option

Individuals can report information relating to alleged violations of this policy to Central Sees. Knowledge of any crime or suspicious activity that occurred on campus can be reported by completing the on-line form. Click here for Central Sees Website. Information will be kept confidential within the limits of the law. Anonymous reports for violations of this policy are accepted but pose important limitations to what the college can do to help. The Title IX Coordinator tries to provide at a minimum supportive measures to all complainants, which is impossible with an anonymous report.

4. Limited Immunity for Reporting

Central College encourages the reporting of misconduct and crimes. Sometimes, complainants or witnesses are hesitant to report to college officials or participate in resolution processes because they fear they may be in violation of certain policies, such as underage drinking or use of illicit drugs. Respondents may hesitate to be forthcoming during the process for the same reasons. It is in the best interests of the Central community that complainants choose to report misconduct to college officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process.

To encourage reporting and participation in the process, Central College maintains a Good Samaritan Rule, which offers parties and witnesses limited immunity from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to an alleged incident of misconduct. Limited immunity does not apply to more serious allegations such as physical abuse of another or illicit drug distribution.

The severity of the infraction will determine the applicability of the Good Samaritan policy, but whenever possible the college will respond educationally rather than punitively to the illegal or improper use of drugs and/or alcohol so as not to inhibit the reporting of a violation of this Policy.

5. False Allegations and Evidence

Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action, in accordance with the Student Code of Conduct.

Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under Central College policy.

6. Federal Notification and Statistical Reporting Obligations

Federal law requires Student Safety to publish an annual report of certain crimes that fall within the scope of this policy that have occurred and their general location (on or off campus or in the surrounding area; no addresses are given). These reports contain statistical information only. All personally identifiable information is kept confidential.

This law, the Clery Act, also requires institutions to issue timely warnings to the campus community about crimes that have already occurred but may continue to pose a serious or ongoing threat to students and employees. Timely warnings are only required for Clery-reportable crimes that occur on Clery-defined geography, although Central reserves the right to issue appropriate warnings regarding other criminal activity that may pose a serious threat as well. The college will make every effort to ensure that a complainant’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.

7. Law Enforcement

Along with the on-campus reporting options described above, Central College strongly encourages a complainant to make a report to local law enforcement and to speak with a rape crisis or other counselor, on or off campus, to the extent alleged discrimination or harassment constitutes a crime. An officer can be dispatched to campus to meet with the person calling, to assist the complainant in obtaining medical attention and emotional counseling, and to write a formal report of the incident. Although reporting to law enforcement is strongly encouraged, at no time will any individual be forced to make a report to law enforcement as a precondition to using the internal reporting/resolution processes described in this policy. The Title IX Coordinator, deputy coordinators, counselors, chaplain, and off-campus victim advocates can assist in notifying law enforcement, if a complainant chooses.

Law Enforcement Contacts:
Pella Police Department, 641-628-4921
Marion County Sheriff, 641-828-2220

What To Expect After An Official Report Is Made

A. Privacy

Every effort is made by the college to preserve the privacy of reports. Central will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any complainant, any respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

Central reserves the right to designate which college officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Information will be shared as necessary with investigators, hearing panel members/decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.

The college may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will usually consult with the student first before doing so.

B. Supportive Measures

The college will offer and implement appropriate and reasonable supportive measures to the parties upon receiving a report of alleged harassment, discrimination, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the college’s education program or activity, including measures designed to protect the safety of all parties or Central’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

In most instances, both the complainant and the respondent will be instructed to mutually avoid all contact with the other. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third-party communication with one another. If these instructions are not heeded, disciplinary action may be taken. In addition, a party may seek an order of protection, “no-contact” order, restraining order, or similar order issued by a criminal, civil, or tribal court. If an individual obtains an order of protection from a court in Iowa, the Title IX Coordinator should receive a copy to be aware of any limitations or restrictions and to develop a plan to abide by the court order. The college cannot enforce a violation of a court order, but can assist an individual in contacting law enforcement to report a violation. If any terms of a court order are unclear in their application to the campus environment, it is up to the parties to seek clarification through the court – the college cannot render a legal opinion or give advice other than to develop a plan to reasonably prevent violations of the order.

Supportive measures for the complainant and/or respondent may include but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program (EAP)
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation accommodations
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus

The Title IX Coordinator works with the complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented. The college will generally initiate these measures only with the complainant’s knowledge and consent, but the college reserves the right to take whatever measures are deemed necessary to protect the parties and/or the community. In cases where confidentiality is requested and feasible, to the extent it is reasonably possible, a complainant may still be provided requested support services such as a change in living or academic/work arrangements, and increased monitoring, supervision or security at locations and activities where the alleged misconduct or violence occurred.

The college will work with the parties or their advocates to identify what supportive measures are appropriate in the short term (e.g., during the pendency of an investigation or other school response), and will continue to work collaboratively throughout the college’s process and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are available to keep the parties safe.

C. Interplay with Criminal Proceedings

As noted, some conduct covered by this policy may constitute both a criminal violation and a violation of college policy. A person charged with a crime can be prosecuted under the Iowa Criminal Code and separately adjudicated by the college for any behavior that also constitutes a violation of this policy. Even if the criminal justice authorities choose not to prosecute, a college disciplinary process may still apply.

A report or complaint for a violation of this policy matter will be processed without waiting for any separate criminal investigations/proceedings to be conducted or completed. The college may briefly delay the start of its investigation for up to ten (10) days to allow an initial law enforcement investigation when a police report has been made, but absent compelling circumstances, a longer delay will not be allowed, absent compelling circumstances.

D. Time Frame

All allegations are acted upon promptly by the college once it has received a report or a formal complaint. In most cases complaints will take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the college will avoid undue delays within its control. If circumstances are such that the process will not be rendered in this time frame, the complainant and respondent will be advised in writing about the reason for the delay and provided an estimated time frame for the conclusion of the process.

Formal And Informal Resolution/Grievance Processes

A. Initiating a Formal Complaint

When the college learns of potential discrimination or harassment, in most cases outreach will be done by the Title IX Coordinator with the complainant to identify reporting options (discussed in another section) within and outside the college and to offer supportive measures. The Title IX Coordinator is available to meet to discuss those reporting options with the complainant or answer questions from the respondent.

A complainant who proceeds with a formal complaint must do so in writing, and by filing a complaint with the Title IX Coordinator by hard copy, email, or any other writing evidencing a physical or digital signature, or otherwise verifying the complainant is filing the complaint. If the Title IX Coordinator signs a formal complaint, the Title IX Coordinator will not become a party or complainant for purposes of the processes below.

B. Initial Assessment of Applicable Scope/Process

Upon receipt of any formal complaint of violation of this policy, the Title IX Coordinator will promptly conduct an initial assessment to determine the next steps the college needs to take. The college will initiate at least one of three responses:

1. Provide the complainant with assistance and support only, based on the complainant’s request that the college not take action, where that request is not clearly unreasonable;
2. Determine the circumstances satisfy the jurisdictional requirements of Title IX at 34 CFR 106.45 and resolve the complaint under informal or formal “Process A” resolution procedures;
3. Determine the circumstances do not satisfy the jurisdictional requirements of Title IX at 34 CFR 106.45 and dismiss the complaint under Title IX, but resolve the complaint under informal or formal “Process B” resolution procedures, or other policies and procedures, as applicable.

Specifically, Process A procedures apply only to qualifying allegations of sexual harassment under Title IX (including sexual assault, dating violence, domestic violence, and stalking, as defined elsewhere) involving students, staff, administrators, or faculty members. If they do not, they must or may be “dismissed” as follows:

The College must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

1. The alleged conduct would not constitute sexual harassment as defined in the policy herein above, even if proven;
2. The college does not substantially control both the respondent and the context in which the alleged harassment occurs, nor did it occur in any building owned or controlled by a student organization that is officially recognized by the college, such as a fraternity or sorority;
3. The alleged conduct did not occur against a person in the United States; and/or
4. At the time of filing a complaint, a complainant is not participating in or attempting to participate in the education program or activity of the college.

The College may dismiss a complaint or any allegations therein if, at any time during the investigation or hearing:

1. A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the complaint or any allegations therein; or
2. The respondent is no longer enrolled in or employed by the college; or
3. Specific circumstances prevent the college from gathering evidence sufficient to reach a determination as to the complaint or allegations therein.

Upon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. This dismissal decision is appealable by any party under the procedures for appeal below. A complainant who decides to withdraw a complaint may later request to reinstate it or refile it.

Dismissing a complaint under Title IX may be procedural, and does not limit the college’s authority to address a complaint with an appropriate process and remedies. If the Title IX Coordinator determines that the misconduct alleged does not fall within the scope of Title IX, other policies may apply and the matter may be referred for resolution, including under Process B.

Process B applies to the resolution of offenses such as violations of policies on protected class harassment or discrimination above. Process B can also apply to sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) when jurisdiction does not fall within Process A, as specified by the Title IX Coordinator.

C. Grievance Process Pool

The resolution processes below rely on a pool of trained investigators, administrators, or other individuals (“the Pool”) to carry out the process. The Title IX Coordinator, in consultation with the President, appoints the Pool, which acts with independence and impartiality. The college reserves the right to appoint external Pool members with expertise in investigation and in chairing/facilitating hearings.

Members of the Pool may serve in in the following roles, at the direction of the Title IX Coordinator:

• To act as an advisor to the parties
• To investigate complaints
• To serve as a chair/hearing facilitator
• To serve as a decision-maker regarding the complaint
• To serve as an appeal officer

Pool members involved in the process of investigating, responding, coordinating or otherwise assisting in the adjudication of complaints will receive annual training as required on the topics of 1) impartiality, 2) avoiding prejudgment of facts at issue, 3) conflicts of interest and bias, 4) the college’s resolution processes, 5) issues of relevance and evidence, 6) the scope of the college’s educational programs and activities, 7) types of harassment and discrimination; and (8) how to conduct an investigation and hearing process that protects the rights, well-being, and safety of the parties, provides an equitable process for all parties involved, and promotes accountability. Some of the materials used to train members of the Pool are publicly posted here: https://www.central.edu/about/title-ix/.

D. Process A: Grievance Process For Qualifying Allegations Of Sexual Harassment Under Title IX

Process A procedures apply only to qualifying allegations of sexual harassment under Title IX (including sexual assault, dating violence, domestic violence, and stalking, as defined in this Policy) involving students, staff, administrators, or faculty members.

1. Right to an Advisor
   The parties may each have an advisor of their choice, at their expense, present with them for all meetings and interviews within the resolution process, if they so choose.  A party may elect to change advisors during the process and is not obligated to use the same advisor throughout.
   1. Who Can Serve as an advisor
      The parties may select whoever they wish to serve as their advisor. The advisor may be a friend, mentor, advocate, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process, and at their own expense. The parties may choose advisors from inside or outside of the Central community.
   2. Advisors in Hearings/College-Appointed Advisor
      Under U.S. Department of Education regulations applicable to Title IX, cross-examination is required during the hearing, but must be conducted by the parties’ advisors. The parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have an advisor for a hearing, the College will appoint an advisor for the limited purpose of conducting any cross-examination. A party may reject this appointment and choose their own advisor, but they may not proceed without an advisor. If a party does not have an advisor, the College will appoint an advisor and the selection will be in the College’s sole discretion. The College cannot guarantee equal advisory rights, meaning that if one party selects an advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney.
   3. Advisor’s Role
      The parties may be accompanied by their advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews.

All advisors are subject to the same College policies and procedures, whether they are attorneys or not. Advisors are expected to advise their advisees without disrupting proceedings. The advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or other Decision-maker(s), with the sole exception of conducting cross-examination during a hearing proceeding. In conducting cross-examination, the advisor will not be abusive towards any party or witness, and will act with appropriate decorum.

The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the advisor generally may not speak on behalf of their advisee, the advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their advisors should ask for breaks to allow for private consultation.

Any advisor who oversteps their role as defined by this policy will be warned only once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the advisor’s non-compliance and future role.

4. Sharing Information with the advisor
   The college expects that the parties may wish to have documentation and evidence related to the allegations shared with their advisors. Parties may share this information directly with their advisor, but the advisor will be under the same expectations of privacy as the party. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the college. The college may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the college’s privacy expectations. The college may require both parties and their advisors to enter into a written agreement prohibiting the use or dissemination of evidence for any purpose other than those directly related to the parties’ participation in resolution process.

2. Informal Resolution

After the filing of a formal complaint, the college may facilitate an informal resolution between the parties, and at any time prior to the decision-maker’s determination of responsibility via the issuance of a written decision.

The Title IX Coordinator will assess the severity of the alleged harassment and the potential risk of a hostile environment for others in the community to determine whether informal resolution may be appropriate. Informal resolution will not be available to resolve allegations involving an employee sexually harassing a student.

The college will not require the parties to participate in the informal Resolution process as a condition of enrollment, continuing enrollment, or employment or continuing employment, or of any other right conferred by the college.

The Title IX Coordinator, or trained designee, will provide the parties with a written notice of the allegations, the requirements of the informal resolution process set forth in this policy, the right of any party to withdraw from the informal process and proceed with the formal complaint resolution process above, at any time prior to agreeing to a resolution; and any consequences resulting from the participation in the informal process, including the records that will be maintained or could be shared by the college. Both parties must voluntarily consent in writing to participation in the informal resolution process.

The Title IX Coordinator, or trained designee, will attempt to aid the parties in finding a mutually acceptable resolution to the complaint. This resolution will be reduced to writing and must be signed by the complainant and the respondent. Once both parties have voluntarily signed the written resolution, the written resolution becomes final and neither party can initiate the formal complaint resolution process above to resolve the allegations in the formal complaint. The written resolution is not subject to appeal.

3. Formal Resolution Process
   1. Notice of Investigation and allegations
      The Title IX Coordinator will provide written notice of the investigation and allegations (the “NOIA”) simultaneously to both parties.

The NOIA will include:

• The identity of the involved parties (if known),
• The misconduct being alleged,
• The date and location of the alleged incident(s) (if known),
• The policies potentially implicated,
• A statement that the college presumes the respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination,
• The parties’ rights to have an advisor of their choice at the party’s expense, who may be an attorney,
• A statement informing the parties that the college’s policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process, and may constitute an independent basis for disciplinary sanctions, up tand including suspension or expulsion of a student or termination of an employee’s employment;
• The name(s) of the investigator(s), along with a process to identify, in advance of the interview process, to the Title IX Coordinator any conflict of interest that the investigator(s) may have, and
• The parties’ rights to review and comment on investigative evidence.

The NOIA shall be provided prior to the initial interview of any party, and within a sufficient amount of time to prepare. Parties will also be provided advance notice in writing of the date, time, location, participants, and purpose of any interview, hearing, or meeting in the investigation and resolution process.If, during the course of investigation, the college determines that additional allegations will be investigated as part of the pending complaint, the Title IX Coordinator or designee will provide written notice of the additional allegations to any identified complainant(s) or respondent(s).

2. Investigators

Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints an investigator or investigators who have received annual training to investigate campus matters of sexual harassment and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability to conduct the investigation, usually within two (2) business days of determining that an investigation should proceed. The investigation team may be composed of internal Pool members, external professionals, or a combination of both.

To ensure impartiality the Title IX Coordinator will vet assigned investigators to ensure there are no actual or apparent conflicts of interest or disqualifying biases. If, prior to the initiation of the investigation, either party alleges that an investigator has a conflict of interest, the Title IX Coordinator will decide whether to excuse the investigator and announce this decision in writing to both parties. If the Title IX Coordinator determines that the investigator should be excused, or if an investigator is unavailable to conduct the investigation, the Title IX Coordinator will appoint a replacement investigator.

3. Investigation Process

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence, both inculpatory and exculpatory.

While in-person interviews for parties and all potential witnesses are ideal, circumstances (e.g., study abroad, summer break) may require individuals to be interviewed remotely. Skype, Zoom, FaceTime, WebEx, or similar technologies may be used for interviews if the Investigator(s) determine that timeliness or efficiency dictate a need for remote interviewing. The college will take appropriate steps to reasonably ensure the security/privacy of remote interviews.

All investigations will be conducted as discreetly as is practicable. All interviews will be audio recorded, and all such recordings shall at all times remain the property of the college. No unauthorized audio or video recording of any kind is permitted during investigation meetings. Investigator(s) are encouraged to confer with the Title IX Coordinator throughout the process in an effort to ensure compliance with the outlined processes.

The burden of proof and the burden of gathering sufficient evidence to reach a determination of responsibility rests with the college and not with the parties. The investigation may include, but is not limited to, interviews with the complainant, the respondent, any witnesses identified by the parties or by the investigator as having information relevant to the complaint, and collecting and reviewing any relevant documents, communications, or physical evidence if possible. The Investigation typically includes the following:

• Interview the complainant and respondents separately. Each party will be asked to participate in an initial interview and may be asked to participate in a follow-up interview(s) as needed.
• Each party may offer witnesses and other information, documents or other evidence relevant to the complaint, both inculpatory and exculpatory. Information, documents or other evidence provided by the parties and witnesses may be shared with both parties during the investigation.
• The order of the interviews will be determined by the Investigator(s) based on the circumstances of each complaint.
• The investigator(s) will make a good faith effort to contact and interview relevant witnesses.
• In the event complainant or respondent request reasonable accommodations during the investigation process due to a disability, the investigator(s) will consult with the Title IX Coordinator.

Neither party will be restricted in their ability to discuss the allegations or to gather and present relevant evidence; provided, however, that such communications shall not constitute harassment of or retaliation against any party.

The investigator(s) will evaluate all relevant evidence, both inculpatory and exculpatory. The investigator(s) will only access, consider, disclose, or otherwise use a party’s treatment records made or maintained by a health care provider, or other records protected under a legally recognized privilege, if the party provides the investigator(s) with voluntary, written consent to do so. The investigator will also deem irrelevant questions and evidence about the complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

4. Inspection and Review of the Evidence and Investigation Report

Prior to the completion of the investigation report, the complainant and respondent and, unless directed otherwise by the respective parties, their advisors, will be provided the opportunity to inspect all evidence directly related to the allegations of the formal complaint, including both inculpatory and exculpatory evidence, and evidence that the college does not intend to rely on in reaching a determination. The college may require both parties and their advisors to enter into a written agreement prohibiting the use or dissemination of evidence for any purpose other than those directly related to the parties’ participation in the resolution process.

Complainant and respondent will be given at least ten days to inspect and review the evidence collected during the college’s investigation and to submit a written response that the investigator(s) will consider in preparing a final investigation report. The parties can waive all or part of this inspection period.

The final investigation report will summarize the information and include any documents gathered. The investigative report will not include determination of responsibility for the complaint itself. Complainant and respondent will be given at least an additional ten days after receiving a copy of the college’s final investigation report to respond to the investigation report, in writing. In their written response to the investigation report, complainant and respondent may provide written comments regarding the relevance of the evidence included in or excluded from the investigation report, provide factual or other corrections to the report, and otherwise provide context for the report.

The final investigation report will be distributed, concurrently, to both of the parties and the Title IX Coordinator at least ten (10) calendar days prior to a hearing to determine responsibility.

5. Hearing

After the conclusion of the investigation, the Title IX Coordinator will refer the matter for a hearing.

The Title IX Coordinator will select a three-member panel of appropriate decision-makers, which may include members of the Pool or external decision-makers. One decision-maker will be appointed by the Title IX Coordinator as chair for the hearing. The decision-makers will not have had any previous involvement with the investigation.

1. Notice of Hearing
   No less than ten (10) calendar days before the hearing, the Title IX Coordinator or designee will prepare and send the parties a written notice of the time and date of the hearing, as well as the identities of the decision-maker(s). Within five (5) calendar days, either the complainant or respondent may request, in writing to the Title IX Coordinator, that the decision-maker(s) be recused because of an identified conflict of interest. Decision-makers will only be removed if the Title IX Coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).
   
   If a party requests, the entire hearing will be conducted with the parties in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the witness answering questions.
    
2. Notice of Witnesses
   At least five (5) calendar days before the hearing, the decision-maker(s) will notify the parties in advance which witnesses (including complainant or respondent) they would like to be present at the hearing. The decision-maker(s) or designee will notify these witnesses of the hearing date and time and that their presence has been requested. Any witness called by the decision-maker(s) will also be expected to answer questions from the parties.
   • When notifying the parties of these witnesses, the decision-maker(s) will also request the parties identify any additional witnesses they wish to have present at the hearing for cross-examination.
   • The decision-maker(s) or designee will notify relevant witnesses of the hearing date and time and that their presence has been requested by the party for cross-examination.
      
3. Pre-Hearing Meetings
   The chair may convene a pre-hearing meeting(s) with the parties to invite them to submit the questions or topics they wish to ask or discuss at the hearing, so that the chair can consider and discuss their relevance ahead of time. However, this advance review discussion does not preclude a party from introducing evidence or an advisor from asking any cross-examination question at hearing.
   
   The chair, only with full agreement of the parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the investigator(s) in the investigation report or during the hearing.
   
   At each pre-hearing meeting with a party, the chair may consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the investigator(s) may be argued to be relevant. The chair may rule on these arguments pre-hearing and will exchange those rulings between the parties prior to the hearing to assist in preparation for the hearing. The chair may consult with legal counsel and/or the Title IX Coordinator, or ask either or both to attend pre-hearing meetings.
    
4. Hearing Procedures
   At the hearing, the decision-maker(s) have the authority to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation.
   
   The hearing is closed to the general public. Participants at the hearing will include the chair, any additional decision-makers, the parties, advisors to the parties, any called witnesses (which could include the investigators), and anyone providing authorized accommodations or assistive services. Any additional persons present must be approved by the chair.
   
   The chair will answer all questions of procedure and make all evidentiary rulings. There shall be no formal pleadings, legal memorandum, or motions filed in the hearing process.
   
   Hearings (but not post-hearing deliberations) are recorded by the College for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator.
   
   The chair conducts the hearing, which may include, but is not limited to, the following steps, in the chair’s discretion:
   • The chair explains procedures and introducing participants;
   • The chair will advise the parties if opening statement or closing statements are permissible;
   • If investigator(s) are called as witnesses, they may be asked to present a summary of the final investigation report, and will be subject to questioning by the decision-maker(s) and the parties (through their advisors). Neither the parties nor the decision-maker(s) should ask the investigator(s) their opinions on recommended findings, or determinations. If such information is introduced, the chair will direct that it be disregarded.
   • The parties may be asked if they have any additional evidence they wish the decision-maker(s) consider, and if the parties wish to comment on the investigation report and evidence. Any new evidence presented by a party, if admitted as relevant, will be provided to the other party to review and provide comment

Testimony and questioning: Parties will be allowed, through their advisors, to cross-examine all other parties and any witnesses, including fact and expert witnesses, and to ask all relevant questions and follow-up questions including those challenging party or witness credibility, directly, orally and in-real time. Any party without an advisor will be appointed an advisor by the college, with selection of the advisor being at the sole discretion of the college. The following applies to cross-examination:

• All questions are subject to a relevance determination by the chair. The advisor, who will remain seated during questioning, will pose the proposed question orally, electronically, or in writing. The chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive.
• The chair may ask advisors to frame why a question is or is not relevant from their perspective, if the chair so chooses. The chair will explain any decision to exclude a question as not relevant. The chair has final say on all questions and determinations of relevance, subject to any appeal.
• If a party’s advisor of choice refuses to comply with the college’s established rules of decorum for the hearing, the college may require the party to use a different advisor. If a college-provided advisor refuses to comply with the rules of decorum, the Title IX Coordinator may provide that party with a different advisor to conduct cross-examination on behalf of that party.

5. Refusal to Submit to Cross-Examination and Inferences
   If a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attend the meeting after being called, or they attend but refuse to participate in questioning, then the decision-maker(s) may not rely on any prior statement made by that party or witness at the hearing (including those contained in the investigation report) in the ultimate determination of responsibility. Evidence provided that is something other than a statement by the party or witness may be considered.
   
   The decision-maker(s) may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
    
6. Deliberation, Decision-Making, and Standard of Proof

The decision-maker(s) will deliberate in closed session to determine whether the respondent is responsible or not responsible for the policy violation(s) in question. If a panel is used, a simple majority vote is required to determine a finding. The preponderance of the evidence standard of proof is used, which generally means “more likely than not.” The decision-maker(s) will independently evaluate the evidence, without deference to the investigative report.

A written decision called a Notice of Outcome will be provided simultaneously to the parties and include the following information:

1. allegations of sexual harassment,
2. procedural history (including specifics about notifications of hearings, meetings and interviews, methods used to gather evidence and hearings held),
3. findings of fact supporting the decision,
4. conclusions regarding application of policy to the facts,
5. rationale for the decision/finding of responsibility as it applies to each allegation,
6. disciplinary sanctions imposed on respondent, if any,
7. whether (but not the nature of) remedies designed to restore/preserve equal access to any or all education programs or activities that will be provided to the complainant, and
8. procedure and permissible bases for appeal.

The Title IX Coordinator will be responsible for coordinating the effective implementation of remedies, as well as any non-punitive or non-disciplinary supportive measures imposed. The possible range of sanctions and remedies are detailed in Section VIII(G) below.The Notice of Outcome, including the imposition of any sanctions, will become final upon written notification to the parties of the outcome of an appeal or, if there is no appeal, the date on which an appeal would no longer be considered timely. The Appeal Rights and Procedures are detailed in Section VIII(F) below.

E. Process B: Grievance Process For Allegations Of Harassment Or Discrimination On The Basis Of Protected Class Status And/or Allegations Of Sexual Harassment Not Covered Under Process A

Process B: For Allegations on Basis of Protected Class Status or Not Under Process A

Process B applies to the resolution of offenses such as violations of policies on protected class harassment or discrimination involving students, staff, faculty members, or third parties. Process B can also apply to sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) when jurisdiction does not fall within Process A, as determined by the Title IX Coordinator. All other allegations of misconduct unrelated to incidents covered by this policy will be addressed through the procedures elaborated in the respective student, faculty, and staff policies.

1. Right to an advisor
   Each party may utilize an advisor, at the party’s own expense, to accompany them to meetings and interviews during these proceedings. The advisor can be anyone, including an attorney, but should not be someone who is also a witness in the process. A party may elect to change advisors during the process and is not obligated to use the same advisor throughout. The advisor may be asked to sign a non-disclosure agreement (NDA) regarding private, sensitive records.
2. Resolution options
   Proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accord with college policy, and to maintain the integrity and impartiality of the process.
   1. Informal resolution 
      Particularly with workplace discrimination and harassment, before filing a formal complaint, individuals are encouraged to make informal inquiry to their immediate supervisor, instructor, advisor or counselor, as soon as possible following the alleged discrimination or harassment. The employee contacted should report the incident to the Title IX Coordinator for purposes of documentation and advice regarding the necessary steps of the complaint process. Every effort should be made to resolve the conflict at this time. If this is not possible, the individual will be referred to the Title IX Coordinator.
      
      After referral or receipt of a report or complaint, the Title IX Coordinator should assess the severity of the alleged harassment and the potential risk of a hostile environment for others in the community to determine whether informal resolution may be appropriate. If so, the Title IX Coordinator will work with the parties to determine if a negotiated resolution of the complaint, which may include disciplinary sanctions, remedies, or other supportive measures, are appropriate to resolve the complaint and remediate any alleged discrimination or harassment.
   2. Formal resolution
      If informal resolution is not appropriate or unsuccessful, a formal complaint will be adjudicated through a formal investigation and resolution process. Upon the initiation of a formal resolution process, the Title IX Coordinator will provide written notification of the investigation to the parties at an appropriate time. Typically, notice is given at least 48 hours in advance of an interview. Notification will include a summary of the allegations and alleged policy violated, if known at the time.

Investigation
The College aims to complete all investigations within sixty (60) business days, which can be extended as necessary for appropriate cause by the Title IX Coordinator, with notice to the parties as appropriate. Some investigations take longer, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc. The college will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

Once the decision is made to commence an investigation, the Title IX Coordinator will appoint one or more investigator(s), which may include Pool members or external investigators, to conduct the investigation. The Title IX Coordinator will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no conflicts of interest or disqualifying bias. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Investigator will be assigned and the impact of the bias or conflict, if any, will be remedied.

Investigations involve interviews with all relevant parties and witnesses, and obtaining available, relevant evidence. All parties have a full and fair opportunity, though the investigation process, to suggest witnesses and questions and to provide evidence. No unauthorized audio or video recording of any kind is permitted during the resolution process. If Investigator(s) elect to audio and/or video record interviews, all involved parties must be made aware of audio and/or video recording.

Following the investigation, the Investigator(s) will provide the Title IX Coordinator, in writing or as otherwise deemed appropriate, with a summary of the investigation and relevant findings.

Determination
Within two to three days of receiving the Investigator’s summary of the investigation, a decision-maker or designee will make the final determination on the basis of the preponderance of the evidence regarding whether the respondent violated the policy and whether to impose any sanctions or remedies in order to effectively to stop the harassment, discrimination, and/or retaliation; prevent its recurrence; and remedy the effects of the discriminatory conduct, both on the complainant and the community.

The Title IX Coordinator or designee will then simultaneously and in writing provide the parties with a written Notice of Outcome which includes the finding on whether the respondent violated the policy, and any sanction(s) or remedies. The Notice to the Complainant may only include those sanctions relevant to the complainant, and may not contain confidential personnel or educational information pertaining to the respondent.

The Notice will detail when the determination is considered final and will detail any changes that are made prior to finalization. The Notice of Outcome also includes the grounds on which the parties may appeal and the steps the parties may take to request an appeal of the findings.

Appeal Process

1. Either party may request that an appeal officer review a Notice of Outcome in writing, by submitting a written Notice of Appeal to the Title IX Coordinator within five (5) calendar days of the date of the Notice of Outcome. In the Notice of Appeal, the appealing party must identify one of the following bases for appeal and explain in detail how such a basis for appeal exists in the case:
   1. To consider new information, unavailable during the investigation, that could be outcome determinative; a summary of this new evidence and its potential impact on the decision must be included;
   2. To assess whether a deviation from written procedures materially impacted the fairness of the investigation (a deviation materially impacts an investigation if a different outcome is probable if the alleged procedural defect is corrected);
   3. To decide if a sanction(s) is grossly disproportionate to the severity of the offense (either too lenient or too harsh); and/or
   4. To assess whether the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the specific complainant or respondent that affected the outcome.
2. Upon receiving a timely Notice of Appeal, the Title IX Coordinator will determine if the request meets the grounds for appeal (A Review for Standing). This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.
3. If the Notice of Appeal meets the grounds for appeal, the Title IX Coordinator will share a copy of the Notice of Appeal with the non-appealing party and appoint an appeal officer. If, within three calendar days of receiving notification of the identity of the appeal officer, either the complainant or the respondent alleges that the appeal officer has a conflict of interest, the Title IX Coordinator will decide whether to excuse the appeal officer and announce this decision in writing to both parties. If the Title IX Coordinator determines that the appeal officer should be excused, the Title IX Coordinator will appoint a replacement.
4. The Title IX Coordinator will ensure that the Appeal Officer is provided with the following materials in addition to the Notice of Appeal: (a) the Notice of Investigation and Allegations; (b) the Investigators’ Final Investigation Report; and (c) the Notice of Outcome.
5. The appeal officer will issue a written appeal decision within five (5) calendar days after receiving the materials from the Title IX Coordinator, and that decision will be provided to the parties, the Title IX Coordinator, and the decision-maker(s). The appeal officer may affirm, reverse, or modify the Notice of Outcome. When the appeal officer issues its decision in writing and simultaneously to the parties, the matter is final with the exception of the following: If the respondent is a tenure-line faculty member, and a final decision from the decision-maker(s) or appeal officer recommends imposition of disciplinary action which constitutes serious sanctions or termination as defined by the faculty bylaws, then the matter will be referred to the VPAA/Dean for processing under the procedures set forth in the faculty bylaws.
6. The charges of misconduct remain allegations and any sanctions are stayed until a final decision is reached and all appeals exhausted under the applicable college procedures.

Sanctions

1. Student Sanctions
   The following are the range of sanctions that may be imposed upon students or organizations singly or in combination:

• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any college policy, procedure, or directive will result in more severe sanctions/responsive actions.
• Required Counseling: A mandate to meet with and engage in either college-sponsored or external counseling to better comprehend the misconduct and its effects.
• Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
• Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at Central. This sanction will be noted on the student’s transcript as disciplinary sanction, with the date the suspension begins. The student may submit a request to the Title IX Coordinator that this sanction be removed from the student’s transcript upon return to the college.
• Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend college-sponsored events. This sanction will be noted permanently as a disciplinary expulsion on the student’s official transcript.
• Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including Central College registration) for a specified period of time.
• Other Actions: In addition to or in place of the above sanctions, the college may assign any other sanctions as deemed appropriate.

2. Employee Sanctions
   The range of disciplinary sanctions for an employee who has engaged in harassment, discrimination, and/or retaliation include: 

• Warning – verbal or written
• Performance improvement/management process
• Required counseling
• Required training or education
• Probation
• Loss of Annual Pay Increase
• Loss of oversight or supervisory responsibility
• Demotion
• Suspension with pay
• Suspension without pay
• Termination
• Other Actions: In addition to or in place of the above sanctions, the college may assign any other sanctions as deemed appropriate.

ATIXA 2020 ONE POLICY, TWO PROCEDURES MODEL
USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE TO CENTRAL COLLEGE
ALL OTHER RIGHTS RESERVED.
©2020. ATIXA

Last Revision Date: 7/14/2026, minor edits

Policy Owner: Talent, Equity and Engagement Office