4.4.8.8 : Determining Complaint Outcomes and Notification

After the hearing, the Hearing Officer will issue a written determination of responsibility applying the clear and convincing evidence standard, and make a determination as to whether or not a violation of the policy occurred. The written determination will include:

• Identification of the allegations potentially constituting Sexual Harassment made in the formal complaint;
• A description of the procedural steps taken by the University upon receipt of the formal complaint, through issuance of the written decision, including notification to the parties, interviews with the parties and witnesses, site visits, methods used to gather non-testimonial evidence, and the date, location, and people who were present at or presented testimony at the hearing.
• Articulate findings of fact, made under a clear and convincing evidence standard, that support the determination;
• A statement of, and rationale for, each allegation that constitutes a separate potential incident of Sexual Harassment, including a determination regarding responsibility for each separate potential incident;
• Sanctions and any steps deemed necessary to 1) maintain an environment free from discrimination and harassment and 2) protect the safety and well-being of the complainant and other members of the University Community. Sanctions can include other remedial measures to correct the effects of such conduct on the complainant and others and to prevent the recurrence of discrimination, harassment, and/or retaliation; and
• A description of the University’s process and grounds for appeal, as specified below.

The Hearing Officer’s written determination will be transmitted to the parties. Transmittal of the written determination to the parties concludes the hearing process, subject to any right of appeal.  The range of sanctions if it is determined that the underlying conduct is a violation of this policy, includes: no-contact orders; classroom reassignment; and the provision of counseling, other support services training.

Written formal warning, suspension, expulsion, or other appropriate institutional sanction(s), depending on the severity of the incident and taking into account any previous conduct infractions.

The written determination, including any sanctions imposed, will be included in the parties’ University files. The written determination shall be final, subject only to the right of appeal set forth in Appealsbelow.

In the event the Hearing Officer finds that the Respondent has committed an act of sexual harassment as defined by this policy, the matter will proceed as follows:

Students: If the Respondent is a University Student, the office of Community Life will determine and administer the appropriate disciplinary action. If the University Student is found to have committed a sexual assault, the Office of Community Life may initiate expulsion proceedings pursuant to the Student Handbook and Student Code of Conduct

Staff: If the Respondent is a staff member, the Title IX Coordinator or Deputy Coordinator will recommend the appropriate disciplinary action to the Director of Human Resources. If a staff member is found to have committed a sexual assault, then his or her employment may be terminated in accordance with the Employee Handbook.

Faculty: If the Respondent is a faculty member and his or her conduct warrants discipline that is less severe than discharge or suspension, the Title IX Coordinator will recommend sanctions to the Chief Academic Officer. In cases where the faculty member’s actions warrant discharge or termination of employment, the Title IX Coordinator will recommend to the President that termination proceedings be initiated. If the President accepts the recommendation, the matter will proceed in accordance with the terms of the University’s Faculty Handbook providing for Dismissal for Cause. If a faculty member is found to have committed a sexual assault, then the matter may proceed in accordance with the terms of the University’s Faculty Handbook providing for Dismissal for Cause.
Except where suspension or expulsion has been imposed, any appeal of the investigator’s decision and recommendation shall stay the imposition of disciplinary action under this section, but only during the pendency of the appeal. If the disposition of the appeal does not alter the recommended sanction, disciplinary action pursuant to this section shall proceed. Any actions pertaining to the safety and well-being of either party, or other remedial measures put in place by the Title IX Coordinator may, in the discretion of the Title IX Coordinator, remain in place even during an appeal process.