Formal Resolution Process
The formal resolution process applies (i) when any party so requests in connection with a matter that is eligible for informal resolution; and (ii) to all matters that are not eligible for informal resolution (i.e., matters involving alleged or suspected sexual assault or sexual violence). The School may also elect to use the formal resolution process in any matter when the School deems it appropriate. As part of the formal resolution process, the school may determine that further steps are required to complete the school’s investigation. The following procedural protections apply to matters that are not resolved using the Informal Resolution Process described above:
- Standard for Determining Responsibility. The standard used to determine whether this policy has been violated is whether it is more likely than not that the accused violated this policy. This is often referred to as a “preponderance of the evidence” standard.
- Rights of Complainants and Accused Parties; Timing of Resolution. The School shall provide any individual suspected or accused of violating this policy with a written explanation of the suspected or alleged violations of this policy. Complainants and accused parties shall both be provided with the following in connection with the resolution of suspected or alleged violations of this policy.
- The opportunity to speak on their own behalf.
- The opportunity to identify witnesses who can provide information about the alleged conduct at issue.
- The opportunity to submit other evidence on their behalf.
- The opportunity to review any information that will be offered by the other party in support of the other party’s position (to the greatest extent possible and consistent with FERPA or other applicable law).
- The right to be informed of the outcome of the investigation (to the greatest extent possible and consistent with FERPA or other applicable law).
- The opportunity to appeal the outcome of the investigation.
- Sanctions; Corrective Actions. The official conducting the investigation will determine whether a violation of this policy has occurred and what, if any, corrective action is appropriate. The school will take reasonable steps to prevent the recurrence of any violations of this policy and to correct the discriminatory effects on the complainant (and others, if appropriate). The range of potential sanctions/corrective actions that may be imposed against a student includes but is not limited to the following: written or verbal apology, discrimination or harassment education, verbal or written warning, probation, suspension, and withdrawal from the school. Employees who are found to have violated this policy may be terminated or subjected to other disciplinary action in accordance with the Code of Business Conduct & Ethics. Guests and other third parties who are found to have violated this policy are subject to corrective action deemed appropriate by the School, which may include removal from the School and termination of any applicable contractual or other arrangements. In instances where the School is unable to take disciplinary or other corrective action in response to a violation of this policy because a complainant insists on confidentiality or for some other reason, the School will nonetheless pursue other steps to limit the effects of the conduct at issue and prevent its recurrence.
- Notification of Outcome. After the conclusion of the investigation, the school will provide written notification to the complainant and the accused of the outcome (i.e., whether a violation of this policy has occurred) within seven (7) calendar days after the conclusion of any hearing or proceeding unless the school determines that additional time is required. This notice shall be issued contemporaneously to both parties to the extent practicable. The school may also disclose to the complainant information about any sanctions or corrective actions taken that relate directly to the complainant (e.g., a “no contact” order). The school will maintain documentation of all hearings or other proceedings, which can take various forms (e.g., notes, written findings of fact, transcripts, or audio recordings, etc.). In no event will the complainant in matters involving an alleged violation of the Policy Against Sex Discrimination be required to abide by a nondisclosure agreement that would prevent disclosure of the outcome.
- Right to Appeal. Once written notification of the resolution has been provided, either the complainant or the accused will have the opportunity to appeal the outcome (including the issue of whether there is a policy violation and any sanction(s) imposed). Any appeal must be submitted in writing to the Senior Vice President of Regulatory Compliance & Academic Integrity within seven (7) calendar days of being notified of the outcome and must set forth the grounds upon which the appeal is based. If the Senior Vice President of Regulatory Compliance & Academic Integrity is unable to resolve the appeal for any reason, the School will designate another representative to decide the appeal. Neither party shall be entitled to a hearing in connection with any appeal, but the Senior Vice President of Regulatory Compliance & Academic Integrity (or designee) may request written submissions from the parties or consider any other information as deemed appropriate by the Senior Vice President of Regulatory Compliance & Academic Integrity (or designee). Both parties will be informed in writing of the outcome of any appeal within fourteen (14) days of the date by which all requested information is received unless the Senior Vice President of Regulatory Compliance & Academic Integrity (or designee) determines that additional time is required.