Section 7: Formal Conduct Procedures
Findings by Investigators
The following options (1-3) describe how to proceed depending on whether the responding student is found responsible and whether the Responding Student accepts or rejects the findings and/or the sanctions either in whole or in part.
1. The Responding Student is Found "Not Responsible"
Where the responding student is found not responsible for the alleged violation(s), the investigation will be closed. The party bringing the complaint, if any, may request that the Title IX Coordinator and/or Dean of Students, as applicable, review the investigation file to possibly re-open the investigation or convene a hearing. The decision to re-open an investigation or convene a hearing rests solely in the discretion of the Title IX Coordinator or the Dean of Students in these cases, and is granted only on the basis of extraordinary cause.
2. The Responding Student Accepts a Finding of "Responsible"…
a) The Responding Student Accepts a Finding of "Responsible" and Accepts the Recommended Sanctions.
Should the responding student accept the finding that they violated University policy, the Investigator will recommend appropriate sanctions for the violation, having consulted with Dean of Students and/or Title IX Coordinator, as appropriate. In cases involving discrimination, recommended sanctions will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the University community. If the responding student accepts these recommended sanctions, the sanctions are implemented by the Dean of Students or designee and the process ends. There will be a three-day period for review between the date of acceptance and when the resolution becomes final. Should the responding student decide to reject the sanctions within that time period, Option 2B, below, will apply. This outcome is not subject to appeal.
b) The Responding Student Accepts a Finding of "Responsible" and Rejects the Sanctions Recommended.
If the responding student accepts the "responsible" findings, but rejects the recommended sanctions, there will be an administrative conference on the sanction, only. Administrative conference procedures are detailed below.
3. Responding Student Rejects the Findings Completely or In-part
a) Responding Student Rejects the Findings Completely
Where the responding student rejects the finding that they violated University policy, a review by an appeals panel convened by the Dean of Students and/or Title IX Coordinator will be conducted.
At the hearing, the investigator(s) will present their report to the appeals panel, the panel may choose to review information from the reporting or responding parties or witnesses.
If the appeals panel finds the responding student not responsible for all violations, the Director of Student Community Standards will inform with due haste the parties of this determination and the rationale for the decision in writing. This determination is subject to appeal by any party to the complaint. Appeal review procedures are outlined below.
If the panel finds a violation, it will recommend a sanction/responsive action to the Director of Student Community Standards, who will confer with the Title IX Coordinator and/or Dean of Students as necessary and, render a decision within three (3) days of the hearing and timely notify the parties orally, as well as in writing. An appeal of sanction(s) may be filed by any party to the complaint as detailed below.
b) Responding Student Accepts the Findings in Part and Rejects in Part
Where the responding student rejects in part the finding that they violated University policy, there will be a review by the appeals panel solely on the disputed allegations within seven days, barring exigent circumstances. For all findings holding a responding student responsible for a violation, the University will follow the sanctioning process detailed here, below. If the appeals panel finds the responding student "Not Responsible" on any of the contested allegations, the process will move to the Sanctioning Phase on only the uncontested allegations, as detailed in sub-sections here.