Title IX Policy Statement and Form

Bellin College is committed to maintaining a living, working, and educational environment free from sexual harassment, sexual violence, and sexual discrimination. It is the policy of Bellin College to comply with Title IX. Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded educational programs and activities. Title IX prohibits sex discrimination in all College programs and activities including, but not limited to, recruiting, admissions, financial aid, academic programs, student services, counseling, discipline, roster assignment, grading, and employment.

SCOPE:

This policy applies to all College community members. Vendors, independent contractors, and other outside parties who conduct business with the College through affiliation and other agreements will be expected to comply with this policy, as specified by the terms of any contract or agreement between the College and such third party.

PURPOSE:

Bellin College believes that each individual should be treated with respect and dignity and that any form of sexual harassment and/or discrimination based on sex is a violation of human dignity. Students, faculty, and staff have the right to work and learn free of sexual harassment and discrimination. The College maintains a “zero-tolerance” for misconduct based on sex and will take all reasonable efforts to prevent and promptly correct instances of Title IX violations. Additionally, students, faculty, and staff have the right to a structured process for resolution of their concerns.

Bellin College’s purpose is:

• To communicate the mechanisms for investigating complaints in a manner that reasonably protects the privacy of individuals involved in situations of alleged sexual harassment, including sexual violence and/or discrimination based on sex.
• To ensure the provision of equal employment and educational opportunities to faculty, staff, students, and applicants for such opportunities without regard to race, ethnicity, religion, sex, marital status, national origin, age, disability, gender identity, sexual orientation, veteran status, and any other groups protected by federal, state, or local statutes.
• To protect all those involved who report or provide information related to Title IX violations from retaliation of any kind.
• To set forth guidance for preventing sexual harassment, including sexual violence and/or discrimination based on sex.
• To take timely action when sexual misconduct is alleged to have occurred.
• To establish a consistent process for resolving complaints of Title IX violations in a fair and just manner.

“Sex” for Title IX purposes includes biological or anatomical factors; actual or perceived gender; and actual or perceived sexual orientation. Sexual discrimination includes acts of sexual harassment. The US Departments of Education and Justice define sexual harassment as misconduct on the basis of sex that satisfies one or more of the following conditions: Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activity; sexual assault, as defined in the Clery Act, or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA); a school employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo). Only one of the three conditions listed must be met for the conduct to be considered sexual harassment.

The federal Violence Against Women Act (VAWA) amendments and accompanying regulations clarify the duties of colleges to investigate and respond to reports of sexual assault, stalking, and dating and domestic violence, and to publish policies and procedures related to the handling of these cases. Under VAWA, colleges and universities also must provide training to the campus communities on sexual misconduct. Compliance with VAWA is a condition for colleges, like Bellin, that participate in the federal student aid program, and is administered by the Department of Education’s Federal Student Aid Office.

Students, staff, and faculty who become aware of conduct that might violate these policies are urged to promptly report the conduct. When the sexual harassment creates a hostile environment, the College must address the issue. The US Departments of Education and Justice define hostile environment as an occurrence where “a student is sexually harassed and the harassing conduct is sufficiently serious to deny or limit the student’s ability to participate in or benefit from the program.”

The US Department of Education defines sexual violence as “physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, for example, due to the use of drugs or alcohol; or disability preventing a student from having the capacity to give

Consent.” Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual

coercion. Sexual violence can be carried out by school employees, other students, or third parties (US Dept. of Ed. Office for Civil Rights, 2014).

Title IX prohibits retaliation against people for making or participating in complaints of sexual harassment, sexual discrimination, and/or sexual violence. Bellin College prohibits retaliation against anyone for making a complaint, for assisting someone else in making such a complaint, or for participating in an investigation. Complaints alleging retaliation under this policy, including for the exercise of rights under this policy, must be filed in accordance with this policy and will be addressed promptly and equitably.

Vendors, independent contractors, and other outside parties who conduct business with the College through affiliation and other agreements will be expected to comply with this policy as well, as specified by the terms of any contract or agreement between the College and such third party.

Freedom of expression and principles of academic freedom are central to the mission of institutions of higher education. The right to free expression cannot be considered sexual harassment under this policy; however, sexual harassment is not a proper exercise of free expression.

Bellin College has designated a Title IX Coordinator, a Deputy Title IX Coordinator and a Title IX Team who will address complaints of Title IX violations.

POLICY:

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Bellin College is only responsible for responding to conduct that occurs within its education program or activity. This policy does not apply to off-campus, private settings which are not an education program or activity of Bellin College. The policy and grievance procedures do not apply to college community members outside of the United States.

Title IX applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies. Educational programs and activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or because a person made charges, testified, or participated in any complaint action under Title IX.

The Title IX Final Regulations have been released on May 6, 2020. Bellin College continues to have a responsibility under Title IX to protect students’ rights to equal education in an environment free from sexual harassment and discrimination based on sex. Relative to the latest guidance and regulations, Bellin College has implemented the processes needed to achieve compliance with regulations issued by the Department of Education.

Bellin College’s policies and procedures are intended to afford a prompt response to reports of sexual misconduct, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions on violators of College policy. Bellin College promptly and thoroughly investigates and resolves complaints alleging sexual harassment, including sexual violence, and/or sexual discrimination. Bellin College offers resources and support to all College community members experiencing concerns. We encourage you to make us aware of these concerns so that we can offer support and resources to you and/or those involved.

It is the policy of the College to provide equal employment and educational opportunities to students, faculty, staff, and applicants without regard to race, color, religion, sex, marital status, national origin, age, disability, gender identity, sexual orientation, veteran status, and any other groups protected by federal, state or local statutes. In addition, it is the policy of the College to comply with applicable state statutes and local ordinances governing nondiscrimination in employment and educational activities.

Acts of sexual harassment, sexual violence and/or discrimination based on sex are considered serious violations of this College policy. Because of the seriousness of these actions, the full range of institutional sanctions, including probation, termination, suspension, and dismissal may be imposed.

A College community member who believes themselves to be victim of sexual misconduct is encouraged to report the information in writing to the Title IX Coordinator. The College requires all Bellin College employees who receive information about sexual misconduct involving any college student, faculty, or staff member to report the incident to the Title IX Coordinator. The only exceptions to this are student employees and the individuals who provide confidential help, as listed below.

The College will broadly disseminate this policy and distribute a list of resources available to respond to concerns of sexual harassment, sexual violence, and/or sexual discrimination.

Additionally, students and employees will participate in appropriate educational programs on Title IX, prevention, and violations of Title IX.

This policy applies to all terms and conditions of employment including, but not limited to, hiring, placement, benefits, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training.

DEFINITIONS:

Actual Knowledge and Applicability: Bellin College is only responsible for investigating "formal complaints, which are defined as a complaint made to an “official with authority” to institute corrective measures on the recipient’s behalf such as the Title IX Coordinator.

Advisor and Their Role: Parties must have the same opportunity to select an advisor, who may be an attorney. At the live hearing, an advisor is assigned, without fee, to any party who does not have one during the live hearing. The college must allow both parties the opportunity to select an advisor, without restriction on who the advisor may be, for interviews and meetings. The college retains the ability to limit the role of the advisor in interviews and meetings as long as it does so equally for both parties. It cannot, however, limit the advisor’s role in cross-examining the other party and witnesses at the hearing.

An individual may select any person to be an advisor, including but not limited to: Another student or employee not involved in the complaint, a parent or family member, or a member of the faculty or administration not involved in the complaint. Advisors are not necessarily attorneys.

Alternative Resolution: An alternative resolution is permissible only after a Formal Complaint is filed. The complaint form must be filled out and emailed or given to the Title IX Coordinator. The form can be found on the Bellin College website or in the Title IX Coordinator’s Office. Bellin College is allowed to offer and facilitate Alternative Resolution options, such as mediation, as long as both parties give voluntary, informed, and written consent. The college is not allowed to offer or facilitate an Alternative Resolution process if an employee is a respondent.

Burden of Gathering Evidence and Burden of Proof: Bellin College is responsible for gathering sufficient evidence to reach a decision. The burden of proof (preponderance of the evidence) is not the responsibility of the complainant or respondent. Further, the college must not restrict the ability of either party to discuss the allegations or present relevant evidence. Institutions must provide equal opportunities for the parties to present facts, expert witnesses, and evidence. The college is prohibited from accessing a party’s health, psychiatric, or counseling records without written consent.

Business Day: Any weekday when Bellin College offices are open for business that is not designated as a holiday or College closure day.

Complainant: An individual who is subject to alleged discrimination, harassment, retaliation, or unfair treatment regarding the interpretation or application of an existing college policy.

Confidential Employee: Designated individuals who, in accordance with state and federal laws, have the ability to have privileged communications about Title IX complaints without reporting information to the Title IX Coordinator. Confidential employees are required to give the information regarding the incident without identifying the name of the student and or employee.

Confidentiality: The college cannot access, consider, disclose, or use medical, psychological, or similar privileged treatment records without the party's voluntary, written consent to do so. Also, the college cannot require restrictions regarding the ability of either party to discuss the allegations or gather relevant evidence. The college must keep confidential the identity of individuals involved in a Title IX proceeding, except as may be permitted by the Family Educational Rights and Privacy Act (FERPA), as required by law, or as required to carry out a Title IX proceeding.

Conflict of Interest: In the formal resolution process, if a member of the investigative team or the appropriate College authority has an actual or perceived conflict of interest, the investigator or appropriate College authority may be asked to excuse himself/herself from the process. The excused individual shall not have access to any of the materials from the case from which the individual is excused.

Consent: The voluntary, informed, un-coerced agreement through words or actions freely given, which could be reasonably interpreted as a willingness to participate in mutually agreed-upon sexual acts.

Course of Conduct: Two or more acts that are directed at a specific person, which would cause a reasonable person to fear for their safety or suffer substantial emotional distress.

Criminal Sexual Contact (previously “fondling”): The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. It also includes the forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation.

Dating Violence: Intimidation, harassment, physical abuse, sexual abuse, emotional abuse, or interference with the personal liberty of any person by someone in an intimate relationship.

Violence by a person who is or has been in a social relationship of a romantic or intimate nature (serious, casual, monogamous, or not, short, or long-term) with the victim.

Decision-Maker(s): The decision-maker(s) conduct and adjudicate the grievance proceedings involving Title IX through a live hearing. This individual(s) evaluates the evidence, decides whether evidence is relevant and who reaches conclusions about whether the respondent is responsible for the alleged sexual harassment. Decision-maker(s) also determine whether remedies will be provided to complainants, and appropriate disciplinary sanctions for respondents, if any. After the proceedings, the decision-maker(s) issues written determinations regarding responsibility with findings of fact, conclusions, and rationale for the result. When an appeal occurs, a different decision-maker(s) will decide the appeal.

Decision-Maker(s) can be a single individual or a panel of individuals, an outside contractor, or a consortium with no bias or conflict of interest who have appropriate and sufficient training to conduct the proceedings. The decision-maker(s) cannot be the Title IX coordinator or the same investigator(s) who worked the case.

Disciplinary Sanctions: Punitive consequences imposed on a student or employee after a formal investigation determines they violated the college’s policy.

Discrimination: Any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual’s actual or perceived race, color, religion, sex, marital status, national origin, age, disability, gender identity, sexual orientation, veteran status, and any other groups protected by federal, state or local statutes. The conduct must be so egregious as to alter the conditions of the individual’s employment or educational experience.

Discriminatory Harassment: Detrimental action based on an individual’s actual or perceived race, color, religion, sex, marital status, national origin, age, disability, citizenship, sexual orientation, veteran status, and any other groups protected by federal, state or local statutes that is so severe, persistent, or pervasive that it unreasonably interferes with or limits an individual’s ability to participate in or benefit from the work or educational environment. Examples of harassment include, but are not limited to, intimidation and humiliation as expressed by communications, threats, acts of violence, hatred, abuse of authority, or ill-will that assault an

individual’s self-worth. Harassment of a non-sexual nature can include slurs, comments, rumors, jokes, innuendoes, cartoons, pranks, and other verbal or physical conduct, frequent, derogatory remarks even if the remarks are not sexual in nature and any other conduct or behavior deemed inappropriate by Bellin College.

Domestic Violence: Violence by a current or former spouse of the victim, by a person with whom the victim shares a child in common, or by a person who is cohabitating with or has cohabitated with the victim.

Educational Program or Activity: All operations of a school, college, or university that receives federal financial assistance, covering on-campus and off-campus locations, academic programs, athletics, and school-sponsored events. It specifically includes areas where the institution exercises substantial control over both the respondent and the context of the incident, including recognized student organization buildings.

Facilitator: The Title IX team is made up of facilitators which consist of the Title IX Coordinator, Title IX advocates, and Deputy Title IX Coordinators who all help execute the Title IX policies and procedures.

False Information: Anyone interviewed as part of an investigation into a possible violation of this policy who intentionally furnished false information may be subject to corrective/disciplinary action.

False Reporting: The College encourages anyone who believes that s/he has been the victim of sexual violence, harassment, or discrimination to report her/his concerns but will not tolerate intentional false reporting of incidents.

FERPA (as related to Title IX): If there is conflict between FERPA and the Title IX regulations, the college must comply with the Title IX regulations.

Fondling: See “Criminal Sexual Contact” above.

Formal Complaint: A complaint made to an "official with authority” to institute corrective measures on the recipient’s behalf. A Formal Complaint must be a written document filed by a complainant or signed by the Title IX Coordinator, alleging sexual harassment against a respondent, and requesting that the school investigate the allegations. The form can be found on the Bellin College website or in the Title IX Coordinator’s Office.

Hostile Environment: An occurrence where harassment is sufficiently serious to deny or alter the conditions of employment or the educational environment and create an abusive environment in which to work or study. The person alleging a hostile environment must show a pattern or practice of harassment against him or her; a single incident or isolated incidents generally will not be sufficient. In determining whether a reasonable person in the individual’s circumstances would find the work or educational environment to be hostile, the totality of the circumstances must be considered.

Incapacitation Due to Alcohol and Drug Use: Incapacitated persons, whether male or female, as a result of alcohol or other drug consumption (voluntary and/or involuntary), or who are unconscious, unaware, asleep or otherwise physically helpless, are considered incapable of giving effective consent because they lack the ability to comprehend that the situation is sexual, and/or cannot rationally and reasonably understand the nature and extent (who, what, when, where, why and how) of that situation.

Incest: Sexual intercourse between persons who are related to each other within the degree wherein marriage is prohibited by law.

Live Hearing: A formal compliant of sexual harassment would constitute a live hearing. The Title IX grievance procedure provides for a live hearing. At the hearing, the decision-maker(s) must permit each party's advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those which challenge credibility. The decision-maker will determine whether the question is relevant and explain any decision to exclude a question as not relevant. Bellin College must create an audio or audiovisual recording or transcript of any live hearing. The college must provide parties with an equal opportunity to present facts, witnesses, and other evidence.

Location of Incidents: Bellin College is only responsible for responding to conduct that occurs within its education program or activity. Bellin College’s jurisdiction for Title IX incidents is limited to conduct that occurs within the College’s education program or activity. If the college chooses to address off-campus incidents involving students, it will need to occur as part of the student conduct process rather than the Title IX process. The complainant will be required to be a participant or someone attempting to participate in the College’s education program or activity for a formal complaint to be filed. The policy and grievance procedures do not apply to individuals outside of the United States.

Mandatory Reporters: Per Title IX regulations, only Officials with Authority are considered mandatory reporters. However, Bellin College requires all faculty and staff (except student employees) to report related complaints to the Title IX Coordinator. This means that except for student employees, all faculty and staff are required to disclose Title IX related information and/or incidents that came to their attention.

Official with Authority: All faculty and all staff with supervisory or leadership responsibilities or responsibilities related to student welfare are required to report acts of discrimination, discriminatory harassment, sexual harassment, sexual violence, crimes, and concerning and/or disruptive student behaviors. These individuals have authority to institute corrective measures on the college’s behalf. All additional staff and students are required by College policy to report concerning behaviors.

Presumption of Innocence: Grievance procedures and written notice of the allegations must include a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Reasonable Person: An ordinary person in a similar situation.

Record Retention: Documentation related to the investigation, including any determinations, appeals, Alternative Resolution and training materials must be retained for a period of seven years. This documentation must also be made available to the complainant and respondent.

Remedies: Mandatory, individualized measures implemented by schools to restore or preserve a complainant’s equal access to education after a determination that sexual harassment or discrimination occurred.

Required Reporters: All College employees (except student employees) are required to disclose related information to the Title IX Coordinator. Officials with Authority are mandatory reporters per Title IX regulations, while the College requires all other employees (except student employees) to report relevant information to the Title IX Coordinator.

Respondent: An individual who has been reported (accused) to be the perpetrator of conduct that could constitute sexual harassment.

Retaliation: Intentional action taken by an individual or allied third party that harms a complainant, witness, reporter, or any other individual for filing or participating in a College investigation. The college expressly prohibits retaliation against any person who may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, because the individual is involved in a Title IX proceeding. Retaliation includes charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint for sex discrimination or sexual harassment.

Review of Evidence: The college must send the evidence and draft investigative report to both parties and their advisors prior to the completion of the report. Each party must have at least 10 days to submit a written response before the investigative report is finalized.

Right to appeal: The college is required to offer both parties an equal right of appeal to a Title IX proceeding. Parties must appeal on at least one of the following grounds for appeal:

• Newly discovered evidence that was not reasonably available when the determination of responsibility was made that could affect the outcome.
• Bias or conflict of interest against one or both parties that affected the outcome.
  • Procedural irregularity that affected the outcome.
  • The sanction(s) are extraordinarily disproportionate to the violation(s) of College policy.

Roles and Responsibilities: Designate separate individuals as the Title IX coordinator, investigator(s), and decision-maker(s). This forbids the "single investigator" or "investigator- only" models from Title IX grievance processes. Title IX personnel are required to be free from conflicts of interest or bias for or against complainants or respondents (see additional explanations above).

Sanctions: The college may impose a range of sanctions such as, but not limited to, probation, suspension, termination, or dismissal.

Sexual Assault: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault can occur between individuals of the same or different sexes and/or genders.

Sexual Discrimination: Sex discrimination involves treating someone (a student or employee) unfavorably because of that person's sex. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination.

Sexual Harassment: Misconduct on the basis of sex that satisfies one or more of the following conditions: Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activity; sexual assault, as defined in the Clery Act, or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA); a school employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo). Only one of the three conditions listed must be met for the conduct to be considered sexual harassment.

Sexual Violence: The United States Department of Education’s Office of Civil Rights defines sexual violence as “physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. An individual’s inability to consent to sexual activity may arise from use of drugs or alcohol or individual conditions including intellectual or other disability.” Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, other students, or third parties.

Stalking: A pattern of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.

Standard of Evidence: Bellin College will use the preponderance of the evidence standard and apply the same standard to all formal complaints of sexual harassment, including those involving employees or faculty members.

Standard for Response: The Title IX Coordinator must promptly contact the complainant confidentially to discuss the process for filing a Formal Complaint and supportive measures. The Title IX Coordinator will respond to the complainant with the necessary information within three (3) business days. In the event of the Title IX Coordinator’s absence, the Deputy Coordinator is to be contacted.

Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Substantial Emotional Distress: Significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. This distress must be a result of a course of conduct that would cause a reasonable person to suffer similar anguish.

Supportive Measures (Replaces Interim Measures): Once an institution has actual knowledge of potential harassment and a Formal Complaint has been filed, the College will take immediate steps to provide the complainant and respondent supportive measures. Bellin College is required to offer supportive measures such as class reassignments or non-contact orders. Supportive measures are designed to free, individualized services to restore or preserve equal access to education, protect safety, or deter sexual harassment. It is non-punitive or disciplinary with respect to another student.

Title IX Coordinator: An employee designated by the college to coordinate its efforts to comply with Title IX responsibilities. The coordinator may also be an investigator. The

Title IX coordinator’s name and contact information is on the college website and print materials. It is available to applicants for admission and employment, students, parents, legal guardians, and employees. Any person may make a report to the Title IX coordinator by person, by mail, by phone, via email, or other means. A complaint “may be made at any time.” After hours, reports may be made via voicemail to the Title IX coordinator.

Training: Training of Title IX personnel must include training on the definition of sexual harassment, the scope of the school's education program or activity, how to conduct an investigation and grievance process (e.g., hearings, appeals, Alternative Resolution), how to serve impartially (i.e., without conflicts of interest or bias), and any technology used during a live hearing. These materials must be posted on the website or be made available for the public. The training provided must be free of “sex stereotypes” and must promote impartial investigations.

Written Notice: The college must provide written notice to the parties that include sufficient details, such as the identities of the parties involved, if known, the specific section of the policy that was violated, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. The college must also send written notices of any investigation interviews, meetings, or hearings.

CONFIDENTIALITY / REQUESTS NOT TO INVESTIGATE OR DISMISS:

While complainants, respondents, and witnesses involved in the grievance process are strongly encouraged to exercise discretion in sharing information in order to safeguard the integrity of the process and to avoid the appearance of retaliation, complainants and respondents are not restricted from discussing the allegations under investigation.

Medical, psychological, and similar treatment records are privileged and confidential documents that cannot be accessed or used for a grievance process under this policy without the relevant party’s voluntary written consent.

Required reporters who receive information of alleged discrimination on the basis of sex, sexual harassment, sexual assault, dating violence, domestic violence, or stalking must share that information with the Title IX Coordinator. In certain limited incidents, the College may need to act to maintain campus safety and must determine whether to investigate further, regardless of the complainant’s request for confidentiality or request to not investigate a report received by the Title IX Coordinator.

In making determinations regarding requests for confidentiality, a complainant’s request to not investigate, a complainant’s request to dismiss a Formal Complaint, and/or request to not disclose identifying information to a respondent, the Title IX Coordinator must deliberately weigh the rights, interests, and safety of the complainant, the respondent, and the campus community. Factors the College must consider when determining whether to investigate an alleged incident of discrimination on the basis of sex or sexual harassment include but are not limited to the following:

• The seriousness of the allegations
• The use of force or threat by the respondent
• The use of a weapon by the respondent
• Whether the College has received other reports of alleged discrimination on the basis of sex or sexual harassment by the respondent
• Whether the alleged incident poses a risk of harm to others
• Any other factors the College determines relevant

If the complainant requests that the College not investigate a report, the complainant will be informed, whenever possible, of any action the College takes to resolve the complaint, including further investigation and corrective or disciplinary steps. Outside of these compelling circumstances, the College is typically able to honor a complainant’s request not to investigate.

If the College dismisses a Formal Complaint as outlined in this policy, the College must provide the complainant and respondent a written notice of the dismissal and the reason(s) for the dismissal.

In the course of the grievance process, the College may share information only as necessary with people who need to know in compliance with the law, which may include but is not limited to the investigators, witnesses, complainant, respondent, parties’ advisors, hearing chair(s), and the appellate officer – if applicable. The College will take all reasonable steps to ensure there is no retaliation against the parties or any other participants in an investigation or any other part of the grievance process

PRIVACY:

The term “privacy” refers to the discretion that will be exercised by the College in the course of any investigation or grievance under this policy. In all proceedings included in this policy, the College will take into consideration the privacy of the parties to the extent possible.

In cases involving students, the Title IX Coordinator may notify other College employees of the existence of the report and/or Formal Complaint for the purpose of overseeing compliance with this policy and addressing any concerns related to the educational life. While not bound by confidentiality, these individuals will be discreet and will respect the privacy of those involved in the process.

In accordance with federal regulations, the College will keep confidential the identity of any individual who has made a report or Formal Complaint under this policy, including any complainant, any individual who has been reported to be the perpetrator, any respondent and any witness, except as may be permitted by Family Educational Rights and Privacy Act (FERPA), or as required by law, or to carry out the purposes of conducting any investigation or hearing under this policy.

Any additional disclosure related to the report or Formal Complaint may be made if consistent with FERPA or the Title IX requirements. In addition, government agencies, such as National Science Foundation, may mandate certain reporting to prohibited conduct under this policy involving College students.

RELEASE OF INFORMATION:

If the security team becomes aware of a serious and continuing threat to the campus community, the team may issue a timely warning in accordance with federal regulation to protect the health and safety of the community. The team may also publish a reported incident in the daily crime log or annual security report. In addition, the College may also share non-identifying information, including data about outcomes and sanctions, in aggregate form. The College will not release other personally identifiable information of the complainant unless it has received the express consent of the complainant or unless the release of such information is consistent with legal requirements or mandated by law.

REPORTING PROCESS:

Reporting to the Title IX Coordinator

Any person may report sex discrimination, including sexual harassment, in person, by mail, by telephone, by email, via the reporting form available on the College’s website or in the Coordinator’s office, or by any means that results in the Coordinator receiving the person’s verbal or written report.

Reporting to Confidential Employees

Resources are available for individuals to discuss incidents and issues related to sexual misconduct on a confidential basis. Confidential resources can provide survivors with information about support services and their options. The Title IX Advocates, listed below, are confidential resources available to the College community. Other confidential resources include a clergy or counselors at Life Matters Student Assistance Program or Life Matters Employee Assistance Program (EAP).

Confidential resources will not disclose information about incidents of sexual misconduct to anyone, including law enforcement or the College, except in situations when failure to disclose the information could result in imminent danger to the individual or to others. In these cases, the need to report the information will be explained to complainants. The Title IX Advocates would then bring forward the issue to the Title IX Coordinator.

Because of the confidential nature of these resources, disclosing information to or seeking advice from a confidential counselor does not constitute a report or complaint to the College and will not result in a response or intervention by the College. Confidential employees include:

Sue Poppele

Confidential Help

Title IX Advocate

(920) 433-6673

Susan.poppele@bellincollege.edu

Kylie Palmer

Confidential Help

Title IX Advocate

(920) 433-6627

Kylie.palmer@bellincollege.edu

Reporting to Officials with Authority

Under Title IX, designated employees are considered Officials with Authority if they have the authority to institute corrective measures on behalf of the College. As such, a report made to any of these offices conveys actual knowledge of sexual harassment to the College as defined under Title IX. Officials with Authority are mandatory reporters per Title IX regulations, requiring them to forward information to the Title IX Coordinator. The following officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:

President/CEO

Chief Academic Officer

Vice President of Business & Finance

Associate Dean of Academic Success

Associate Dean of Physical Therapy

Associate Dean of Undergraduate Allied Health Sciences

Associate Dean of Nursing

Program Directors

Director of Institutional Effectiveness

Director of Campus Safety & Compliance

Reporting to All Other Employees

The College encourages all community members to report information about discrimination on the basis of sex or sexual harassment involving a student, staff, or faculty member. The College is committed to providing reporting opportunities through multiple contact points that are broadly accessible to all. With the exception of the confidential resources outlined in this policy, all Bellin College employees (except student employees) are considered required reporters and must share disclosures of discrimination on the basis of sex, sexual harassment, sexual assault, dating violence, domestic violence, and stalking to the Title IX Coordinator. Employees are trained in their reporting obligations.

Mandatory and required reporters will safeguard an individual’s privacy, but are required to immediately share all details about a report of prohibited contact, including the known details of the incident, with the Title IX Coordinator. Such reporting ensures timely support for all parties and enables an effective and consistent institutional response.

All regular full and part-time employees, except student employees, who are not identified above as confidential resources are required reporters. Officials with Authority are mandatory reporters by Title IX regulations, while the other employees are required reporters by College policy.

Before an individual reveals any information to an employee, the employee should ensure that the individual understands the employee’s reporting obligations and, if the individual wants to maintain confidentiality, direct the individual to confidential resources.

Suppose the individual wants to tell the responsible employee what happened but also maintain confidentiality. In that case, the employee should tell the individual that the College will consider the request but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the employee will also inform the coordinator of the individual’s request for confidentiality.

Employees will not pressure an individual to request confidentiality, but will honor and support the individual’s wishes, including for the College to fully investigate an incident. By the same token, employees will not pressure an individual to make a full report if the individual is not ready to or does not wish to do so.

To encourage reporting, any individual (including a bystander or third party) who reports Prohibited Conduct will not be subject to disciplinary action by the College for one’s own personal use of alcohol or other drugs at or near the time of the incident, provided that any such violations did not harm or place the health or safety of any other person at risk. The College may offer support, resources and educational counseling to such individual.

Anonymous Reporting

If a reporting individual makes an anonymous report, the Title IX Coordinator will consider how to proceed, taking into account the individual’s articulated concerns, the best interest of the College, fair treatment of all involved, and the College’s obligations under Title IX. Note: a complainant cannot file a Formal Complaint anonymously.

Reporting to Law Enforcement

Individuals who feel they have experienced Sexual Assault, Domestic Violence, Dating Violence, or Stalking have the option to pursue a criminal complaint with the appropriate law enforcement agency, to pursue a complaint with the College through its Complaint Resolution Procedures, or to pursue both processes consecutively or concurrently. A victim of Sexual Assault, Domestic Violence, Dating Violence, or Stalking also has the right not to pursue any complaint to either the College or to a law enforcement agency.

If victims wish to report incidents to law enforcement, they should contact the agency providing services in the jurisdiction where the incidents occurred. The Brown County Sheriff’s Office has jurisdiction for both College locations.

Reporting to Outside Agencies

The Department of Education’s Office of Civil Rights enforces Title IX provisions. Complaints can filed at (800) 421-3481 or emailed to OCR@ed.gov. For employment discrimination, complaints can be sent to the Equal Employment Opportunity Commission at (800) 669-4000 or emailed to info@eeoc.gov.

EMPLOYEE REPORTING PROCESS:

When an employee receives information that could constitute sex discrimination under Title IX, the employee (except student employees) is required to report this information to the Title IX Coordinator within a reasonable timeframe. If an employee is confidential help, the employee is required to give the information regarding the incident without identifying the name of the student and or employee.

MEDICAL ASSISTANCE AND PRESERVING EVIDENCE:

If you believe you are the victim of Sexual Assault, Domestic Violence, or Dating Violence, get to safety and do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order. The College also encourages all individuals who feel they have been victims of Sexual Assault, Domestic Violence, Dating Violence, or Stalking to seek immediate assistance from a medical provider for emergency services, including treatment of any injury.

Seeking medical attention and preserving evidence helps preserve the full range of options for an individual, including the options of working through the College’s Complaint Resolution Procedures and/or legal options including obtaining a protective order from a court, pursuing a civil action, and/or participating in a law enforcement investigation and criminal prosecution.

Even if an individual has not been physically hurt, a timely medical examination is recommended so that forensic evidence can be collected and preserved. An individual may choose to allow the collection of evidence by medical personnel even if they choose not to make a report to the police.

It is also important to take steps to preserve evidence in cases of Stalking, to the extent such evidence exists. Such evidence is more likely to be in the form of letters, emails, text messages, electronic images, etc. rather than evidence of physical contact and violence. This type of nonphysical evidence will also be useful in all types of Sexual Harassment investigations.

TITLE IX TEAM:

Director of Campus Safety & Compliance – Title IX Coordinator

Security Officer – Deputy Title IX Coordinator

Director of Outreach and Engagement – Mandatory Reporting

Director of Castle – Mandatory Reporting

Assistant Professor of Nursing – Confidential Help

Student Support & Well-being Coordinator – Confidential Help

Bellin College has designated a Title IX Coordinator and a Deputy Coordinator who oversee the College’s compliance with Title IX, including coordinating the investigation of and response to Formal Complaints, responding to inquiries concerning Title IX, tracking incidents involving sexual misconduct, coordinating policies and providing training for employees and students.

If you have a complaint involving sex discrimination, sexual harassment, or sexual violence, or if you have questions about Bellin College’s policies or procedures in these areas, please contact the Title IX Coordinator. The Title IX Complaint Form can be found on the College’s website and in the Title IX Coordinator’s office. Once the form is filled out it must be emailed or given in person the Title IX coordinator.

Please Note: Title IX Coordinator and Deputy Coordinator are mandatory reporters. While they will address complaints with sensitivity and will keep information as private as possible, confidentiality cannot be guaranteed.

Larry Potter

Title IX Coordinator

(920) 433-6672

lawrence.potter@bellincollege.edu

Dick Allcox

Deputy Title IX Coordinator

(920) 433-4316

richard.allcox@bellincollege.edu

Bridgett Lowery

Mandatory Reporting

(920) 433-6662

bridgett.lowery@bellincollege.edu

Dr. Chad Dall

Mandatory Reporting

(920) 433-6691

chad.dall@bellingcollege.edu

Sue Poppele

Confidential Help

Title IX Advocate

(920) 433-6673

Susan.poppele@bellincollege.edu

Kylie Palmer

Confidential Help

Title IX Advocate

(920) 433-6627

Kylie.palmer@bellincollege.edu

Timeliness of Report

Complainants and other reporting individuals are encouraged to report any violation of this policy as soon as possible in order to maximize the College’s ability to respond promptly and effectively. Reports and Formal Complaints may be made at any time without regard to how much time has elapsed since the incident(s) in question. If the respondent is no longer a student or employee at the time of the report or Formal Complaint, the College may not be in a position to gather sufficient evidence to reach a determination as to the Formal Complaint and/or the College may not be able to take disciplinary action against the respondent. However, the College will still seek to provide support for the complainant and seek to take steps to end the prohibited behavior, prevent its recurrence, and address its effects.

JURISDICTION/LOCATION:

Under the Title IX regulations colleges have specific responsibilities regarding the locations where they are required to address and manage incidents of sex-based discrimination, harassment, and assault. These responsibilities include:

1. Campus Locations: Bellin College must address incidents that occur on campus, including academic buildings and other campus facilities.
2. Off-Campus Locations: Bellin College is also responsible for addressing incidents that occur in off-campus locations if these locations are related to the college's programs or activities. This includes off-campus study abroad programs, internships, clinicals, and other off-campus events or locations tied to the institution.
3. Online Environments: Bellin College must address incidents that occur in online environments if they are connected to the institution's programs or activities. This includes online classes, official online platforms such as the BC Buzz, and social media interactions related to the college.
4. Third-Party Programs: If Bellin College has substantial control over third-party programs or activities, it is responsible for addressing incidents within those contexts. This includes programs or events sponsored by the college but hosted by external organizations.
5. Employment Contexts: Bellin College is required to address incidents involving their employees, including faculty and staff, if the incident impacts the educational environment or involves sex-based discrimination or harassment in the employment context.

In the unique circumstance where a complaint is filed for an incident occurring at an Emplify Health facility and the respondent is not a student or employee of the College, the Title IX process will not be used to resolve the matter because, by definition, the college does not have significant control over the respondent to enable Title IX procedures. These cases will be addressed though the combination of supportive measures and resolution through Human Resources. Students participating in a Healthcare Academy Event are enrolled as students for Title IX purposes.

These regulations aim to ensure that the College provides a safe and non-discriminatory environment for all students, regardless of where incidents occur, as long as they are connected to the institution’s educational programs or activities.

NON-INVESTIGATORY MEASURES AVAILABLE:

Supportive Measures

The College will offer reasonably available individualized services, without any fee or charge, to the parties involved in a reported incident of discrimination on the basis of sex or sexual harassment, with or without the filing of a Formal Complaint, when applicable. Supportive measures may include but are not limited to counseling, extensions of deadlines

or other course-related adjustments, modifications of work or class schedules, withdrawal from or retake of a class without penalty, campus escort services, mutual restrictions on contact between the parties (no contact orders), changes in work locations, leaves of absence, increased security and monitoring of certain areas of campus, or other similar measures tailored to the individualized needs of the parties. Supportive measures are non-disciplinary and non-punitive measures that do not unreasonably burden the other party. The College will maintain the confidentiality of supportive measures provided to the parties to the extent that maintaining such confidentiality does not impair the ability of the College to provide the supportive measure.

Emergency Removal for Students

The College retains the authority to remove a student, student organization, group, or team from the College’s education program or activity on an emergency basis, where the College (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual

arising from the allegations of covered sexual harassment justifies a removal. If the College determines such removal is necessary, the student, student organization, club, or team will be provided written notice and an opportunity to challenge the decision immediately following the removal. During an emergency removal/interim administrative hold, students may be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible. Student organizations, groups, or teams will be denied privileges for which the organization, group, or team might otherwise be eligible.

Administrative Leave for Employees

The College retains the authority to place a non-student or student employee respondent on administrative leave during the Title IX Grievance Process. Decisions will be made regarding employee administrative leave by Human Resources, the Chief Academic Officer, and/or the President/CEO or designee.

Amnesty

The College recognizes that students who have consumed alcohol when they are not 21 years of age or who have been using illegal drugs may be hesitant to report Sexual Harassment perpetrated against them or others. To encourage reporting, the College offers amnesty to any student who reports, in good faith, an alleged violation of this Policy involving Sexual Assault, Dating Violence, Domestic Violence, or Stalking direct at them or another person. A student who makes such a report will not be subject to disciplinary action by the College for a violation of the College’s Code of Conduct, such as underage drinking or possession or use of a controlled substance, that is related to or revealed in the course of the Sexual Harassment report or investigation, unless the College determines that the violation was serious and/or endangered the health or well-being of any other individual. However, the College reserves the right to require counseling, education, or other preventative measures to help prevent alcohol or drug violations in the future. The College’s commitment to amnesty in these situations does not prevent action by police or other legal authorities against an individual who has illegally consumed alcohol or drugs.

TITLE IX GRIEVANCE PROCESS:

For a complete overview of the process. see the detailed Summary of Major Provisions of the Department of Education’s Title IX Final Rule. The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, provided that the process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of the College, including as an employee.

If a Complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine whether a Formal Complaint is necessary. The College will inform the Complainant of this decision in writing, and the Complainant need not participate in the process further but will receive all notices issued under this policy and process. Nothing in the Title IX Grievance Policy prevents a complainant from seeking the assistance of state or local law enforcement alongside the

appropriate on-campus process. The steps of the process include:

1. A formal written complaint shall set forth in reasonably sufficient detail the nature of the alleged sexual harassment (based on the definition), the respondent(s) against whom the complaint is made, the name(s) of any witnesses, and any available evidence or sources of evidence submitted to the Title IX Coordinator. The Formal Complaint can be filed by a complainant or signed by the Title IX Coordinator.
2. Upon receipt of a written complaint, the Title IX Coordinator shall first determine if the complaint states facts sufficient to believe that a potential violation of the Title IX sexual harassment or a potential violation of federal and/or state laws has occurred. The Title IX Coordinator will notify the complainant in writing of its decision within five working days. Allegations will be sent by a written notice to both parties. Supportive measures will be put in place. If allegations do not meet the definition of sexual harassment or did not occur in the college’s education program or activity against a person in the US, the allegations are dismissed.
3. If there is the potential of a violation of the Title IX Policy or federal and state laws, the Title IX investigator(s) will conduct a prompt, thorough, and impartial investigation. Privacy of a party’s privileged record is not accessed unless written consent is obtained.
4. The College has the burden of gathering evidence and the burden of proof. The Title IX investigator(s) will objectively gather and consider relevant facts. The Title IX investigator(s) will ensure that statements of the complainant, the respondent, and all witnesses are documented and that the investigation is conducted in a thorough, objective manner and is considerate of all of the parties involved.
5. A live hearing and cross-examination are part of the grievance process. At the live hearing, the Decision-Maker(s) must permit each party’s Advisor to ask the other party and any witnesses all relevant questions. Each party will have an equal opportunity to present facts, witnesses, and other evidence. The cross-examination must be conducted directly, orally, and in real time by the party’s Advisor of choice and never by a party personally.
6. The investigation will normally be concluded within 30 working days. The complainant and respondent will be notified in writing of any reasonable delays.
7. There is no restriction of the ability of the parties to discuss the allegations or gather evidence (no “gag” orders). The investigation will be private and confidential to the greatest extent possible.
8. In all cases of formal allegations, the Title IX investigators will write an investigative report, including a summary of the complaint and the findings of the investigation, based on a preponderance of evidence.
9. The written investigative report shall be available for review by the complainant, the respondent, and to the appropriate College authority. Each party will have 10 business days to review the draft investigation report and submit a response before the report is finalized.
10. In consultation with the appropriate College Administrators, the Decision-Maker will make a determination on the action(s), if any, to be taken.
11. The Decision-Maker will communicate the determination of action(s) to the complainant, to the respondent, and to the appropriate College personnel within five working days of conclusion of the investigation. The College will take immediate and corrective action as appropriate.

Multi-Party Situations

The College may consolidate Formal Complaints alleging covered sexual harassment against more than one Respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.

Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute discrimination on the basis of sex or sexual harassment as defined in this policy and conduct that would not constitute covered discrimination on the basis of sex or sexual harassment, the Title IX Grievance Process will be applied in the investigation and adjudication of all of the allegations.

Notice of Allegations

The Title IX Coordinator will draft and provide the Notice of Allegations to any party to the allegations of discrimination on the basis of sex or sexual harassment. Such notice will occur as soon as practicable after the College receives a Formal Complaint of the allegations, if there are no extenuating circumstances. The College will provide reasonable time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator or designee may determine that the Formal Complaint must be dismissed on the mandatory grounds identified below and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

The Notice of Allegations will include the following:

• Notice of the College’s Title IX Grievance Process, including any informal resolution process and a hyperlink to a copy of the process.
• Notice of the allegations potentially constituting covered discrimination on the basis of sex or sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the Complainant; the conduct allegedly constituting covered discrimination on the basis of sex or sexual harassment; and the date and location of the alleged incident, if known.
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a Determination Regarding Responsibility is made at the conclusion of the grievance process.
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
• A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the College does not intend to rely in reaching a Determination Regarding Responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source.
• A statement that knowingly making false statements or knowingly submitting false information during the grievance process is prohibited and subject to disciplinary action.
• A statement prohibiting retaliation.

Notice of Meetings and Interviews

The College will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

Investigation

An Investigator designated by the Title IX Coordinator will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations. The College, and not the parties, has the burden of proof and the burden of gathering evidence, i.e., the responsibility of showing a violation of this policy has occurred. This burden does not rest with the parties, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from the College and does not indicate responsibility.

The College cannot access, consider, or disclose medical records without a waiver from the party (or parent, if student is a minor) to whom the records belong or for whom the records include information. The College will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e., evidence that tends to prove and disprove the allegations) as described below.

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:

• evidence that is relevant, even if that evidence does not end up being relied upon by the College in making a Determination Regarding Responsibility;
• inculpatory or exculpatory evidence (i.e., evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.

All parties must submit any evidence they would like the Investigator to consider prior to when the parties’ time to inspect and review evidence begins. The College will send the evidence made available for each party (and each party’s advisor, if any, upon a party’s signed information release for their Advisor of Choice) to inspect and review through an electronic format. The College is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.

The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the Investigator. Advisors are not permitted to submit written responses to the evidence on their own or on behalf of the party they are advising. The Investigator will consider the parties’ written responses before completing the investigation report, and the parties’ written responses to the Investigator will be included in the final investigation report. The parties may request a reasonable extension as their designated extension request. After the allotted 10 business days and any approved extension have expired, the Investigator will not be required to accept a late submission. The Investigator(s) will consider all timely responses submitted by the parties.

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross examination. The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the grievance process. The parties and their advisors agree not to photograph or otherwise copy the evidence.

Evidence obtained in the investigation that is determined in the reasoned judgment of the Investigator not to be directly related to the allegations in the Formal Complaint will be included in the appendices to the investigative report.

ALTERNATIVE RESOLUTION (IR) PROCESS:

A Complainant who files a Formal Complaint may elect, at any time, to address the matter through the College’s Informal Resolution Process. All Parties to a Formal Complaint may voluntarily agree to enter the Alternative Resolution Process through execution of an informed written consent. The College will not require students or employees to waive their right to a formal grievance process as a condition of enrollment, employment, or enjoyment of any other right. In cases where alternative resolution may be appropriate after thorough evaluation by the Title IX Coordinator or appropriate designee, voluntary and mutual participation from all of the parties involved is required. If voluntary and mutual participation by all parties cannot be gained, informal resolution is not an option.

An informal resolution entails the parties forgoing the grievance process (including the investigation and hearing, depending on when the parties agree to engage in an informal resolution). At any point prior to the final informal resolution agreement (outcome) being reached, each party has a right to withdraw from the informal resolution process and resume the grievance process with respect to the Formal Complaint.

An alternative resolution may include but is not limited to an educational conference for the respondent, educational requirements for the respondent, mediation where appropriate, and other individualized options for alternative dispute resolution depending on the situation. Alternative resolutions can result in educational and/or disciplinary sanctions.

1. To move forward with an Alternative Resolution process a Title IX Complaint Form must be filled out (link below). Once the form is filled out it must be submitted by email or in person to the Title IX Coordinator. Written notice will be provided to the parties that include sufficient details. The Title IX Coordinator may offer the parties the opportunity to become involved in an Alternative Resolution process. Likewise, either party (complainant or respondent) may petition the Title IX Coordinator in writing to offer an Alternative Resolution process to the other party. The Title IX Coordinator is the sole administrator who determines if an Alternative Resolution is appropriate given the allegations.
2. The Title IX Coordinator and or facilitator will supervise the Alternative Resolution process. The Coordinator or facilitator will present the option of an Alternative Resolution and proposed terms to each Party independently and in writing. All related communication will go through the Title IX Coordinator. Participation in an Alternative Resolution is voluntary for all parties and requires full informed and written consent. If either party does not agree with the proposed terms or is uninterested in engaging in negotiations, the party may ask to move to a formal resolutions process at any time before signing the Alternative Resolution Agreement.
3. The IR will be voluntary for both parties and each party must submit a written request to become involved in the IR. An Alternative Resolution cannot be offered if the complainant is a student and the respondent is an employee.
4. The IR will not require the parties to confront each other or even be present in the same room.
5. The parties may consult their advisor or have their advisor present at any time an IR meeting occurs.
6. Either party may withdraw, without penalty, from the IR up until a written resolution agreement is signed by both parties. If either party withdraws from the IR, the formal Title IX process will resume.
7. A signed resolution agreement is binding on both parties.
8. The facilitator(s) has the authority to end the resolution process if the facilitator(s) believes that one or both parties are not operating in good faith. If this happens, the formal grievance process will resume.
9. Both parties and the facilitator(s) will have an opportunity to offer proposals to become a part of the final outcome(s)/agreement. An IR agreement may include, but is not limited to, an admission of responsibility, an admission of false allegations, disciplinary/punitive sanctions, counseling, and involvement in an educational program.
10. The Facilitator(s) and both parties must all agree to the outcome(s) of the IR. In doing so the facilitator will write a binding agreement based upon the parties’ verbal agreement with the negotiated outcome(s). Separately, both parties will then be offered the opportunity to sign this IR agreement. If either party refuses to sign this agreement, the IR will be considered failed and the formal Title IX process will resume.

One-on-One Communication:

• It is appropriate to use face-to-face communication only when the individual seeking an Alternative Resolution does not feel threatened, there is no risk of physical harm, and the individual seeking an Alternative Resolution believes the other person will be receptive.
  • Email/written correspondence is the preferred method of communication and must go through the Title IX coordinator or facilitator. If the individual seeking an Alternative Resolution chooses to communicate face-to-face, they should also send an email summarizing the face-to-face interaction. Keep copies of any written communication. Communication should include:
    • A factual description of the incident(s) including a description of the unwelcome behavior, date, time, place, and the names of any witnesses.
    • A description of any consequences that the individual seeking an Alternative Resolution has experienced due to the unwelcome behavior.
    • A request for the unwelcome behavior to cease.
  • If the individual seeking an Alternative Resolution does not feel comfortable with the one- on-one communication or if the individual seeking an Alternative Resolution believes that the communication was not successful, the individual should consider other informal or formal procedures.

Third Party Assistance:

If an individual seeking an Alternative Resolution desires the assistance of a third party to attempt to resolve the situation informally, the individual seeking an Alternative Resolution may approach any one of the following resources:

• Title IX Coordinator
  • Bellin College Security
  • Bellin Human Resources (faculty and staff)
  • The individual seeking an Alternative Resolution’s supervisor or the supervisor’s supervisor (faculty, staff & student employees).

All faculty, staff, and students are strongly encouraged to report any actions or behaviors believed to be in violation of this policy. Allegations of sexual misconduct that come to the attention of faculty or staff with supervisory or leadership responsibilities or responsibilities related to student welfare must be reported to the Title IX Coordinator.

If the situation is not able to be resolved informally or if the individual seeking an Alternative Resolution chooses not to engage in an Alternative Resolution, the individual seeking an Alternative Resolution may submit a formal complaint in writing to the Title IX Coordinator using the procedures below.

FORMAL RESOLUTION PROCESS:

In all cases of an allegation of sexual harassment, including sexual violence, and/or discrimination based on sex, the individual(s) making the allegation may choose to bypass the Alternative Resolution options and to proceed to a formal process. The Title IX Complaint Form can be used to report a concern of sexual misconduct. The form is located in this policy, in the Title IX Coordinator’s office, and on the Title IX page of the Bellin College website.

Once the form is filled out it must be submitted by email or in person to the Title IX Coordinator.

The Title IX regulations permit formal complaints that initiate the grievance process to be filed only by a complainant or the Title IX Coordinator. At the time of the complaint, the complainant must be participating in or attempting to participate in the college’s education program or activity. Bellin College has the discretion not to initiate the Title IX grievance process for complaints made by former students or employees. The regulation does not prohibit parties from voluntarily waiving their rights to the grievance process required by the regulation. As a result, the college may create an alternative, streamlined investigation and adjudication process to be used only if the parties voluntarily consent to it and its use does not amount to deliberate indifference. Parties may voluntarily consent to Alternative Resolution in lieu of a formal investigation and hearing.

If at any point in the investigation the college determines that the conduct alleged in the formal compliant does not constitute sexual harassment, did not occur in the college’s education program or activity, or did not occur against a person in the US, then the college

must dismiss the complaint for its Title IX grievance procedure. The college has discretion to address such conduct under another policy, such as a student code of conduct.

The college may dismiss a formal complaint at any time if the complainant would like to withdraw the complaint, the respondent is no longer enrolled or employed by the institution, or specific circumstances prevent the college from gathering evidence sufficient to reach a determination.

Bellin College will work to include reasonably prompt time frames for conclusion of the grievance process, including appeals and Alternative Resolutions, with allowance for short-term, good cause delays or extensions of the time frames. The college will describe the range of supportive measures available and sanctions the college may impose on a respondent, following determinations of responsibility. The college will treat complainants equitably by providing remedies at any time a respondent is found responsible and treat respondents equitably by not imposing disciplinary sanctions without following the grievance process.

The Hearing:

When the complainant requests to file a formal complaint, or when the Title IX Coordinator files one on behalf of the institution, the Title IX Coordinator and Hearing Facilitator will coordinate the hearing for alleged violations of the Title IX Policy Discrimination Policy. Once the investigation is complete and the investigative report is finalized, the college will schedule a hearing, giving each party at least ten (10) business days' notice of the hearing being scheduled.

College representatives will meet in a pre-hearing conference with the complainant and respondent to discuss their rights in the hearing, share what will take place, and answer any questions that participants may need answered. This meeting is called a pre-hearing conference, and will take place at least five (5) business days prior to the hearing. Parties may bring their support person and/or process advisor to this meeting.

Party Opening Statements:

The complainant and the respondent may submit opening statements for the hearing, which they will read at the start of the hearing.

Statements must not exceed three (3) typed pages of 1500 words if single-spaced. The complaint and respondent can decide what information should be included within their statements, but may choose to discuss the impact of the alleged incident or how involvement in this case has impacted them individually.

All documents must be submitted at least three (3) business days prior to the hearing; instructions for submitting will be provided during the pre-hearing conference.

Subjection to Questioning:

Parties are encouraged to participate in the hearing but are not required to do so. Witnesses will also be invited to participate in live cross examination. Statements and other evidence provided during the investigation, along with statements during the hearing and cross-examination, may be considered for decision making by the Hearing Officer. The Hearing Officer will not draw an inference about the determination regarding responsibility based solely on a party or a witness’s absence from the live hearing and/or refusal to submit to questioning by the parties’ advisors.

Hearing Format:

At the hearing, the complainant and the respondent will be given space in separate areas to convene and prepare for the hearing before being called into the hearing room. Both parties will be able to see the Hearing Officer and hear/see one another. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

An audio record will be kept of the proceedings and made available to each party for their audio review, at their written request. A copy of the audio recording is not available for dissemination or duplication. The hearing may also take place fully virtually, if necessary, to allow for a timely response to the allegations.

An outline of the hearing format will be provided to parties at the pre-hearing meeting, but will generally utilize the following format:

• Opening instructions and introductions;
• Review of the Rights of the parties;
• Opening statements by Complainant and Respondent;
• Questioning of the Complainant:
  • By Hearing Officer;
  • By Process Advisor for Complainant
  • By Process Advisor for Respondent;
• Questioning of the Respondent:
  • By Hearing Officer;
  • By Process Advisor for Respondent;
  • By Process Advisor for Complainant;
• Questioning of Witnesses (Including Investigator):
  • By Hearing Officer;
  • By Process Advisor for Complainant and Respondent;
• Closing statements by Complainant and Respondent
• Closing instructions
• Deliberation and Decision-Making

Following conclusion of the decision-making process, the Hearing Officer, with administrative support from the Title IX Coordinator and/or other college administration, will prepare a written decision that includes the following information:

• Identification of the allegations potentially constituting Sexual Misconduct made in the formal complaint;
• A description of the procedural steps taken by the college 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.
• Findings of fact that support the determination;
• A statement of, and rationale for, each allegation that constitutes a separate potential incident of Sexual Misconduct, including a determination regarding responsibility for each separate potential incident based on a standard of preponderance of evidence;
• Any sanctions to be imposed;
• Any ongoing supportive measures or other remedies as determined by the Title IX Coordinator; and
• A description of the process and grounds for appeal.

The Title IX Coordinator and/or designee will be responsible for sharing the findings of the Hearing Officer concurrently, through Bellin College email, with the complainant and respondent. Parties will be notified within five (5) business days about the outcome of the hearing. It is expected that everyone involved in the hearing process will follow all standards and expectations established for participants, as outlined in pre-hearing meetings.

Sanctions and Remedies:

If a complaint of Sexual Misconduct is found to be substantiated, the college will take appropriate corrective, disciplinary, and remedial action to stop the inappropriate conduct, address its effects, and prevent its recurrence. Students, faculty, and employees found to be in violation of this policy will be subject to discipline up to and including written reprimand,

suspension, probation, demotion, termination, or expulsion. Affiliates and program participants may be removed from college programs and/or prevented from returning to campus.

The college will impose appropriate sanctions on a case-by-case basis, depending on the severity and/or pervasiveness of any violations. In determining appropriate sanctions, the Hearing Officer may examine and consider a number of factors, including, but not limited, to:

1. Level of ongoing risk or harm to the community;
2. The nature and seriousness of the violation;
3. Use of drugs or alcohol;
4. Motivation underlying the respondent’s behaviors; and
5. The Respondent’s record of past misconduct, including prior violations of the same or similar type.

Sanctions will not be implemented until after the appeal deadline has passed or, if an appeal is filed, until after the appeal has concluded. However, the college will keep supportive measures in place until the decision is final and the Title IX Coordinator has notified parties that the supportive measures are no longer in place.

The following includes a list of the possible sanctions that may be imposed upon any respondent found to have violated the policy. The college has the authority to tailor sanctions, such as both punitive outcomes and educational outcomes, to address specific situations.

Possible sanctions include:

• Disciplinary Probation
• Suspension
• Expulsion
• Postponement of Graduation
• Withholding Proof of Degree
• Degree Recission g. Transcript Notation
• Prohibited Admission or Readmission
• Organizational Sanctions
• Counseling Referral
• Parental Notification
• Educational Outcomes, including training, discussion, and reflective opportunities
• Other Actions Designed to Avoid and Prevent Future Violations, including:
  • Limitations on co-curricular engagement, such as removal from a leadership position, or on-campus employment
  • Ongoing no-contact order

In the event that a respondent is suspended or expelled because of a finding of responsibility under this policy, a notation will appear on their transcript. A hold may be placed on a student’s account until completion of necessary sanctions.

If a finding of responsibility occurs through any of these complaint resolution procedures, the complainant is entitled to ongoing remedies designed to preserve or restore equal access to the college’s education program or activity. The range of remedies available to a complainant include but are not limited to the supportive measures listed in the policy, but remedies are not required to be non-disciplinary or non-punitive and may burden a respondent.

APPEAL PROCESS:

The appeal process will be as follows:

1. The final regulation mandates that either party be allowed to appeal the determination or any dismissal of the complaint within 5 days of the determination, on the following grounds:
   • Procedural irregularity that affected the outcome
   • New evidence not reasonably available
   • Conflict of interest or bias by the college’s participants which affected the outcome
   • The sanction(s) are extraordinarily disproportionate to the violation(s) of College policy
2. The non-appealing party must be notified of the appeal and allowed to submit a written statement in response.
3. The appeal Decision-Maker(s) cannot be the same as the hearing Decision-Maker(s). Nor can the appeal Decision-Makers(s) be the Title IX Coordinator or the investigator(s) who worked on the case.
4. The appeal must conclude with a written decision by the Appellate Decision-Maker describing the appeal and the rationale for the result that is provided to the parties simultaneously. The final determination will be made using a preponderance of evidence standard within five working days after receiving the written appeal.
5. The final determination will be communicated in writing by the President to the individual who submitted the appeal and shall be considered final.

Request for Postponement:

Postponements of deadlines or hearings shall not be granted except when extenuating circumstances exist, as defined in this section. Extenuating circumstances or situations, which preclude the complainant or respondent from meeting the deadline or attending the hearing, are very limited. Examples of extenuating circumstances include either party suffering from an incapacitating medical condition or emergency, supported by a physician’s note, or a death in the party’s immediate family.

The unavailability of process advisors or a support person is not a reason for postponement. The complainant and respondent are expected to modify their personal calendars to meet the deadlines and hearing dates.

Some instances of Sexual Misconduct may also constitute criminal conduct. In the case where alleged criminal conduct has also been reported to law enforcement, the college may temporarily delay its investigation of the complaint where necessary to avoid interfering with law enforcement. However, the pendency of a criminal investigation does not serve as a substitute for these procedures, and the investigation and resolution process will commence promptly once interference is no longer a concern.

In addition, because the standard of proof that applies in these procedures (i.e., preponderance of the evidence) is different than the standard necessary for a criminal conviction (i.e., proof

beyond a reasonable doubt), the college’s determination will not be held in abeyance due to the pendency of a criminal trial.

Annual Report: The Title IX Coordinator shall provide a statement documenting the number of complaints received pursuant to this policy, the categories of those involved in the allegations, the number of violations found, and examples of sanctions/corrective actions imposed for policy violations that are in conjunction with the College’s Annual Security Report.

Administrative Review: In the absence of a formal complaint, the President’s Cabinet has the authority to initiate an administrative review at the request of a department, program, or area

when requested by a supervisor when in the judgment of the President’s Cabinet a review is necessary. As necessary the College reserves the right to serve as complainant and to initiate an investigation without a formal complaint. The College encourages any member of the College community who feels he or she has been subjected to sexual misconduct to use the complaint procedure outlined in this policy. Additionally, an individual has the right to file a complaint with outside enforcement agencies including the United States Department of Education’s Office of Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), or state or local law enforcement or prosecution authorities.

Respondent Takes Leave, Fails to Cooperate:

In the event that the respondent decides to take an informal or formal leave from the college prior to, during, or preceding the hearings and before an outcome is delivered, the following may be put into effect:

• Investigation will continue with the opportunity granted for the respondent to participate, with a notation made on the student’s transcript, indicating that the hearing is in process, or indicating any findings of responsibility (as founded);
• Respondent may not be able to re-enroll without the authorization of the Title IX Coordinator; and/or
• Formal complaint may be dismissed.

Process Advisors:

Bellin College provides access to an individual (typically a staff or faculty member) trained as a process advisor for both the complainant and respondent. The advisor will be available to accompany each student during all investigative meetings, hearings, and other meetings related to the complaint. Neither party is obligated to work with a process advisor provided by the college. Either party can elect to have an individual of their choosing serve as a process advisor.

The process advisor may assist the complainant or the respondent in preparing for the hearing and in navigating the related processes, and will conduct cross examination on all parties who make statements during the hearing. Process advisors provided by the college have no legal training or knowledge and are not attorneys; they do not advocate or speak on behalf of the parties. At the request of a party, a process advisor will be made available within two (2) business days after an initial request for a process advisor is initiated by the complainant or respondent. If a complainant or respondent does not provide their own advisor at a hearing, the college will provide an advisor. Students cannot participate in the hearing without an advisor present.

Hearing Officers:

Because of the unique and sensitive nature of these matters, these cases are heard by a specially trained Hearing Officer. The Hearing Officer may be a Bellin College staff/faculty or an externally hired expert, and is trained and provided by the Title IX Coordinator. Training for Hearing Officers may include: knowledge of Title IX and other sexual/gender-based discrimination and harassment, the college policy and procedures, trauma-responsive practices, determining relevance of evidence presented, and other relevant topics.

The complainant and respondent will each have the opportunity to challenge a Hearing Officer on the basis of any perceived or actual bias. The Hearing Facilitator and Title IX Coordinator

will discuss with the parties their reasons for opposition to a specific Hearing Officer if bias concerns are raised, and will make a determination on the perceived bias.

The college is committed to ensuring that its resolution processes are free from actual or perceived bias or conflicts of interest that would materially impact the outcome.

DISMISSAL OF A FORMAL COMPLAINT

If a preliminary assessment of the formal complaint determines that the conduct at issue falls outside of the scope of Section VII A. (Title IX), it will be dismissed from Section VII A. and addressed according to Section VII B. (Other Prohibited Conduct).

Required Dismissal: If any one of these elements are not met, the Title IX Coordinator or designee will notify the parties that the formal complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal. Formal Complaints will fall outside Title IX Sexual Harassment, Sexual Misconduct, and must be dismissed when:

• The conduct does not constitute Sexual Harassment or sexual misconduct or discrimination;
• The conduct did not occur in the college’s education program or activity;
• Student exits the institution during the process;
• The conduct did not occur against a person within the United States; and/or
• The complainant was not participating or attempting to participate in the college’s program at the time of the complaint.

Permissive/Discretionary Dismissal: The Title IX Coordinator or designee may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

• Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint, or any allegations raised in the Formal Complaint;
• Respondent is no longer enrolled or employed by the College; or
• Specific circumstances prevent the College from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Any party may appeal a dismissal determination using the process set forth in “Appeal Process” above.

AMENDMENTS OR TERMINATION OF THIS POLICY:

Bellin College reserves the right to modify, amend, or terminate this policy at any time.

Instructions: Please complete this form to the best of your ability. Report only one incident per form. By disclosing this information, you (the complainant) are submitting a formal report to the Title IX Coordinator, Larry Potter. Please send electronically to lawrence.potter@bellincollege.edu or print and deliver a hard copy to Larry Potter. This report may warrant a formal investigation.

If this is an emergency, please call 911 of contact the Department of Public Safety.

Please enter your contact information below:

How did you become aware of this incident of situation?

☐This is a self-report (the situation I’m reporting happened to me).

☐It was reported to me by the victim

☐I was a witness to the incident or situation (I saw or heard the situation).

☐It was reported to me by a third party.

☐Anonymous (I received the information anonymously)

When did you become aware of the incident (the day and time you received the information)?

If you know when the incident occurred, please list the date/time below.

Please indicate the general location where the incident occurred:

☐Campus building (within the building)

☐Campus grounds (in a parking lot, near the building, etc.)

☐Off campus

☐Other (please specify) 

☐Unknown

If known, please indicate the specific location where the incident occurred (i.e.: room number):

Was a weapon or weapons, drugs, or alcohol involved in the incident?

☐Yes (please explain)

☐No

☐Unsure (please explain)

Please provide the name(s) of the individual(s) accused of committing the act of sexual discrimination (including sexual violence and/or harassment) in this situation:

How is the accused individual(s) affiliated with Bellin College? (For example: student, employee, visitor/guest, no campus role, or unknown).