Title IX Grievance Process for Addressing Discrimination on the Basis of Sex, Including Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking The College will respond promptly and equitably when any incident of sexual misconduct or harassment is alleged against a faculty, staff, or student. This includes a direct complaint or if the College becomes aware of an incident by other reliable means. The College’s response may take a number of discretionary forms. This includes offering reasonable protection and services to the Complainant or others, conducting an initial assessment, a Title IX inquiry or review, conducting an investigation, and imposing corrective action, including sanctions. The College’s disciplinary process includes a prompt, fair, and impartial investigation and resolution process from the initial investigation to the final result. Furthermore, a prompt, fair, and impartial proceeding includes a proceeding that is: 1. Completed within reasonably prompt time frames designated by an institution’s policy, including a process that allows the extension of time frames for good cause with written notice to the Complainant and the Respondent of the delay and the reason for the delay; 2. Conducted in a manner that; a. Is consistent with the institution’s policies and transparent to the Complainant and the Respondent; b. Includes timely notice of meetings at which the Complainant and Respondent, or both, may be present; and c. Provides timely and equal access to the Complainant and the Respondent and the appropriate officials to any information that will be used during informal and formal disciplinary meeting and hearings; and 3. Conducted by officials who do not have a conflict of interest or bias for or against the Complainant and the Respondent. 4. The institutional disciplinary procedures will be conducted by officials who, at minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; 5. The Complainant and the Respondent will have the same opportunities to have others present during any institutional disciplinary proceeding. The Complainant and the Respondent each have the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice. The College will not limit the choice of advisor or presence for either the Complainant or the Respondent in any meeting or institutional disciplinary proceeding. However, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties; and 6. The Complainant and the Respondent will be notified simultaneously, in writing, of the results of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking; Result means any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution.
29
(The result must include any sanctions imposed by the institution. Notwithstanding section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly referred to as the Family Educational Rights and Privacy Act (FERPA), the result must also include the rationale for the result and the sanctions.) 7. Where an appeal is permitted under the applicable policy, the Complainant and the Respondent will be notified simultaneously in writing, of the procedures for the Respondent and the victim to appeal the result of the institutional disciplinary proceeding. When an appeal is filed, the Complainant and the Respondent will be notified simultaneously in writing of any change to the result prior to the time that it becomes final as well as of the final result once the appeal is resolved. If a report of domestic violence, dating violence, sexual assault or stalking is reported to the College, the Office of Title IX (rollins.edu/titleix) will address the reports on a case by case basis in regards to the investigation proceeding that will take place, as well as timelines for report processing. Whether or not criminal charges are filed, the College or a person may file a complaint under the policy alleging that a student or employee violated the Title IX Grievance Policy or Sexual and Gender-Based Harassment and Related Misconduct Policy. Procedures detailing the investigation and resolution processes of Rollins can be found online at rollins.edu/ titleix. The Title IX Coordinator is ultimately responsible to ensure, in all cases, that the behavior is brought to an end, Rollins acted reasonably to prevent its recurrence, and the effects on the survivor and community are remedied. The Title IX Coordinator is also responsible to ensure that training is conducted annually for for all investigators, decisionmakers, and appellate officers. Training will focus on sexual misconduct, domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation and other behaviors that can be forms of sex or gender discrimination covered by Title IX and the Clery Act. The 2020 Title IX regulations require that an institution with actual knowledge of sexual harassment in an education program or activity responds promptly in a manner that is not deliberately indifferent. In all cases, investigations that result in a finding of more likely than not that a violation of the Title IX Grievance Policy or Sexual Gender-Based Harassment and Related Misconduct Policy occurred will result in sanctions being issued against the Respondent. Students who violate these policies will be subject to discipline, up to and including dismissal. Sexual assault, domestic violence, dating violence, and stalking are violations of these policies. Employees who violate these policies will be subject to discipline, up to and including termination of employment. Sexual assault, domestic violence, dating violence, and stalking are criminal acts, which also may subject to criminal and civil penalties under federal and state law.
