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The standard of proof that the Hearing Panel will utilize is preponderance of information. The preponderance standard means that the Adjudicator finds it is more likely than not the Respondent is responsible or not responsible for a violation of this policy based on the information presented to the Hearing Panel.
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The Respondent and Complainant will be notified in writing of the decision made by the Hearing Panel. This notification to both Respondent and Complainant(s) will be done at the same time or as close to the same time as possible. If the Complainant is deceased, the next of kin will receive results of disciplinary proceedings.
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The Hearing Panel will audio visually‐record the hearing, but not the deliberations of the hearing panel members. The audio recording is created for limited purposes only. The audiovisual recording can be used as reference by the hearing panel during deliberations and for review by the Title IX Appeals Officer (or designee) in connection with an appeal. The audio recording is a record of the college and is destroyed after 7 years. After this point the audio recording will be destroyed by the Title IX Coordinator.
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A student found responsible for violating this policy may be assigned sanctions that include, but are not limited to, expulsion, suspension, or probation. A full list of sanctions is described in "Sanctions," elsewhere in this Annual Report.
The imposition of sanctions will take effect immediately and will not be delayed pending the resolution of the appeal. Appeal Process Reasons for Appeal: The Respondent or Complainant may appeal a decision in a case for the following reasons: • • •
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BSC’s failure to follow its own process and procedures that affected the outcome of the grievance process; New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could have affected the outcome of the matter; The Title IX Coordinator or Deputy Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or for or against the individual complainant or respondent, that affected the outcome of the grievance process; or, The severity of the sanction was not consistent with the severity of the offense.
Appeals: Appeals will be heard by the Title IX Appeal Officer or their designee. Appeals must be submitted in writing to the Title IX Coordinator within ten (10) calendar days of the Hearing Panel’s Notice of Responsibility. However, in any case involving a student suspension and expulsion, an appeal from either party can be made in writing within one (1) year following the date of the sanction and/ or decision. If the Respondent or Complainant submits an appeal and the appeal is granted, both parties will be informed by the Title IX Coordinator that an appeal has been granted. Appeals with the Title IX Appeals Officer •
The Title IX Appeals Officer/or their designee will have access to reports, statements made by the Complainant, Respondent, witness and any other materials gathered during the investigation.
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The Title IX Appeals Officer//or their designee will determine whether or not the original sanction(s) should be amended. Amendment of the sanctions may include an increase or decrease in severity.
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The decision of the Title IX Appeals Officer//or their designee is final. Appeals Board Process:
Title IX Student and Employee Grievance Process (includes cases of Sexual Assault, Dating Violence, Domestic Violence, and Stalking) For the purpose of addressing formal complaints of sexual harassment, as defined by the Department of Education, that allege that sexual harassment occurred within the College’s educational program or activity within the United Stated the following grievance process will be used. Note that this grievance process is applied equally to both parties, and as such the College will provide remedies to a Complainant where a determination of responsibility for sexual harassment has been made against the Respondent, and by following the grievance process that complies with the process outlined below before any disciplinary sanctions or other actions that are not supportive measures are made against the Respondent.
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