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The school will investigate all formal complaints of sexual harassment. A formal complaint must be in writing, filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent, and request that the school investigate the allegation of sexual harassment. A formal complaint form may be obtained from the Title IX Coordinator, although no particular form is required to submit a formal complaint so long as the complaint is in writing, signed by a complainant, alleges sexual harassment against a respondent, and requests an investigation. The School's Title IX Coordinator oversees the school's investigation, response to, and resolution of all reports of prohibited sexual harassment, and of related retaliation, involving students, faculty, and staff. If all parties voluntarily agree to participate in an informal resolution that does not involve a full investigation and adjudication afterreceiving notice of a formal complaint and if the school determines that the particular formal complaint is appropriate for such a process, the School will facilitate an informal resolution to assist the parties in reaching a voluntary resolution. The school retains the discretion to determine which cases are appropriate for voluntary resolution. The investigator will prepare an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a hearing,send to each party and the party's advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response. Such report will include a statement of the allegations and issues, the positions of the complainant and respondent, a summary of the evidence (including from interviews and documentation gathered), an explanation why any proffered evidence was not investigated, assessment of individual credibility, findings of fact, and an analysis of whether a violation of the Policy has occurred The Investigator will use "preponderance of the evidence" as the standard of proof to determine whether a violation of the Policy occurred. The College will convene a hearing panel following the end of the investigation. The hearing panel determines whether the respondent is responsible or not responsible for a violation of the Policy. Both the complainant and the respondent are entitled tobe accompanied to any meeting or proceeding relating to the allegation of sexual harassment by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled. Both the complainant and respondent will have the opportunity to submit written responses to the investigation report and other relevant information to the hearing panel. Each of the complainant and respondent will have the opportunity to review any written submissions by the other. The Title IX Coordinatorwill give the complainant and respondent at least 10 calendar days' advance notice of the hearing. The TitlelX Coordinator may arrange to hold the hearing at an off -campus location. The hearing is a closed proceeding, meaning that no one other than the panel members, the complainant and respondent, their respective advisors, witnesses (when called), and necessary College personnel may be present during the proceeding. The hearing panel will issue a written determination regarding responsibility. The panel will use "preponderance of the evidence" as the standard of proof to determine whether a violation of the Policy occurred. Preponderance of the evidence means that a panel must be convinced based on the information it considers that the respondent was more likely than not to have engaged in the conduct at issue in orderto find the respondent responsible for violating the Policy. The panel will find a student responsible, or notresponsible, based on a majority vote. The panel will generally render a written determination within 10 calendar days after the conclusion of a hearing. The hearing panel shall be responsible for imposing sanctions that are: • Fair and appropriate given the facts of the particular case; • Consistent with the College's handling of similar cases; • Adequate to protect the safety of the campus community; and • Reflective of the seriousness of sexual misconduct. The College may also determine that additional measures are appropriate to respond to the effects of the incident on the Collegecommunity. Either the respondent or the complainant or both may appeal from a determination regarding responsibility, and from a recipient's dismissal of a formal complaint or any allegations therein, on the following bases: 1. A procedural irregularity that affected the outcome of the matter; " 2. New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal, that could affect the outcome of the matter; and 3. The Title IX Coordinator, investigator(s), or hearing panel member(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter. 37 Page Ialercoasi Colleges scixxd camlog