ROSE-HULMAN COMPLAINT RESOLUTION PROCEDURE FOR CIVIL RIGHTS EQUITY

Transcription

1 ROSE-HULMAN COMPLAINT RESOLUTION PROCEDURE FOR CIVIL RIGHTS EQUITY USE AND ADAPTATION OF THIS MODEL WITH CITATION TO THE NCHERM GROUP/ATIXA IS PERMITTED THROUGH A LICENSE TO ROSE-HULMAN INSTITUTE OF TECHNOLOGY ALL OTHER RIGHTS RESERVED THE NCHERM GROUP, LLC/ATIXA

2 PROCEDURES: Equal Opprtunity, Harassment and Nndiscriminatin EQUITY COMPLAINT PROCESS FOR RESOLVING COMPLAINTS OF HARASSMENT, SEXUAL MISCONDUCT AND OTHER FORMS OF DISCRIMINATION Rse-Hulman will act n any frmal r infrmal cmplaint r ntice f vilatin f the Rse-Hulman Plicy fr Civil Rights Equity that is received by the Title IX Crdinatr(s) r Assistant Crdinatr(s), a member f the Equity Reslutin, r a member f the administratin. The prcedures described belw will apply t all cmplaints invlving students, staff r faculty members. Redress and requests fr respnsive actins fr cmplaints brught invlving nn-members f the cmmunity are als cvered by these prcedures. 1. Equity Reslutin Panel (ERP) Members f the ERP are annunced in an annual distributin f this plicy t campus, prspective students, their parents and prspective emplyees. Members f the ERP are trained in all aspects f the cmplaint prcess, and can serve in any f the fllwing rles, at the directin f the Title IX Crdinatr(s): T prvide sensitive intake and initial cunseling f cmplaints T serve in a mediatin rle in cnflict reslutin T investigate cmplaints T act as prcess advisrs t thse invlved in cmplaints T serve n hearing panels fr cmplaints T serve n appeal panels fr cmplaints ERP members als recmmend practive plicies, and serve in an educative rle fr the cmmunity. The President, in cnsultatin with the Title IX Crdinatr(s), appints the panel, which reprts t the Title IX Crdinatr(s). All substantive decisins by the Title IX Crdinatr(s) are made in cnsultatin, the Title IX Crdinatr fr students in cllabratin with the Dean f Students and the Title IX Crdinatr fr emplyees with the Senir Vice President and Chief Administrative Officer. ERP members will receive annual training rganized by the Title IX Crdinatr(s), including a review f Rse-Hulman plicies and prcedures, s that they are able t prvide accurate infrmatin t members f the cmmunity. All ERP members are required t attend this annual training. The Equity Reslutin Panel includes: Tw Assistant Crdinatrs, ne in Student Affairs and ne in Human Resurces At least 5-8 members f faculty/staff administratrs At least ne representative frm Public Safety At least tw representatives frm Athletics The Title IX Crdinatr(s) will appint a nn-vting hearing panel Chair, appinted fr a ne-year term as Chair frm the ERP pl. Panel members are usually appinted t three-year renewable terms. Appintments t the ERP shuld be made with attentin t representatin f grups prtected by the harassment and nn-discriminatin plicy. Individuals wh are interested in serving n the ERP are encuraged t cntact the Title IX Crdinatr(s). Current members can be fund at 2. Filing a Cmplaint Any member f the cmmunity, guest r visitr wh believes that the plicy n Equal Opprtunity, Harassment and Nndiscriminatin has been vilated shuld cntact the Title IX Crdinatr(s), Assistant Crdinatr(s), r a member f the ERP. It is als pssible fr emplyees t ntify a supervisr, r fr students t ntify an academic advisr r faculty member. These individuals will in turn ntify the Title IX Crdinatr(s). The Rse-Hulman website als includes a reprting frm at which may serve t initiate a cmplaint. All emplyees receiving reprts, bserving ptential vilatins, r therwise being put n ntice f a ptential vilatin f Rse- Hulman plicy are expected t prmptly cntact the Title IX Crdinatr(s), within 24 hurs f becming aware f a reprt r incident. All initial cntacts will be treated with the maximum pssible privacy: specific infrmatin n any cmplaints received by any party will be reprted t the Title IX Crdinatr(s), but, subject t Rse-Hulman s bligatin t redress vilatins, every effrt will be made t maintain the privacy f thse initiating a reprt f a cmplaint. In all cases, Rse-Hulman will give cnsideratin t

3 the party bringing a cmplaint with respect t hw the cmplaint is pursued, but reserves the right, when necessary, t prtect the cmmunity, t investigate and pursue a reslutin when an alleged victim chses nt t initiate r participate in a frmal cmplaint. 3. Cmplaint Intake Upn receiving ntice f a cmplaint, the Title IX Crdinatr(s) 1 will assign an ERP panel member t wrk as a prcess advisr t the persn wh brught the cmplaint r is the subject f the cmplaint. The prcess advisr will serve as a liaisn fr the student and will assist the student in understanding the plicy and prcess and in btaining necessary resurces. The Title IX Crdinatr will make an initial determinatin f whether a plicy vilatin may have ccurred and/r whether cnflict reslutin might be apprpriate. If it is apparent that the cmplaint des nt allege a plicy vilatin, the Title IX Crdinatr will infrm the reprting party f his/her decisin and the prcess will cease. The Title IX Crdinatr may make recmmendatins t the reprting party f hw t handle his/her situatin if it is nt a vilatin. If the Title IX Crdinatr determines that a plicy vilatin may have ccurred, the Title IX Crdinatr will cnsider whether cmplaint reslutin is apprpriate. If cmplaint reslutin is apprpriate and the cmplaining party agrees, the Title IX Crdinatr will attempt t reslve the situatin thrugh cmplaint reslutin, as discussed in paragraph 6 belw. If cmplaint reslutin is nt apprpriate r if the reprting party des nt cnsent, a full investigatin will be pursued. The Title IX crdinatr will als initiate a full investigatin if there is a perceived threat f harm t the Rse-Hulman cmmunity r its members. Rse-Hulman aims t cmplete all investigatins within a 60 calendar day time perid, which can be extended as necessary by the Title IX Crdinatr(s). The Title IX Crdinatr(s) will prvide written ntificatin f a cmplaint t any member f the Rse-Hulman cmmunity wh is accused f vilating the Rse-Hulman Plicy fr Civil Rights Equity. This ntificatin will be made early in the investigatin prcess, but it may be delayed if the investigatin team deems it necessary t cmplete part f the investigatin befre ntifying the respnding party. The respnding party will be assigned a prcess advisr when ntified f the cmplaint. 4. Investigatin The Title IX Crdinatr(s) appint ERP members t cnduct the investigatin, usually within tw business days f determining that a cmplaint shuld prceed. All investigatins will be thrugh, reliable and impartial, and will entail interviews with all relevant parties and witnesses, btaining available evidence and identifying surces f expert infrmatin, if necessary. Investigatin f cmplaints shuld be cmpleted expeditiusly, nrmally within 10 business days. Investigatins may take lnger depending upn the unique circumstances f each investigatin and the number f witnesses invlved. Rse-Hulman may undertake a shrt delay if there is a criminal investigatin f the same incident. Rse-Hulman s actin will nt be altered r precluded n the grunds that civil r criminal charges invlving the same incident have been filed r that charges have been dismissed r reduced. 5. Interim Remedies If the Title IX Crdinatr determines that the safety r well-being f any member(s) f the campus cmmunity may be jepardized by the n-campus presence f the respnding party r the nging activity f a student rganizatin whse behavir is in questin, the Title IX Crdinatr(s) (r designee) may prvide interim remedies intended t address the shrt-term effects f harassment, discriminatin and/r retaliatin, (i.e., t redress harm t the alleged victim and the cmmunity and t prevent further vilatins). These remedies may include referral t cunseling and health services, educatin t the cmmunity, altering the husing situatin f an accused student r resident emplyee (r the alleged victim, if desired), altering wrk arrangements fr emplyees, prviding campus escrts, implementing cntact limitatins between the parties, ffering adjustments t academic deadlines, curse schedules, etc. Rse-Hulman may place a student, emplyee r rganizatin n interim suspensin pending the cmpletin f ERP investigatin and prcedures. In all cases in which an interim suspensin is impsed, the student, emplyee r student rganizatin will be given the pprtunity t meet with the Title IX Crdinatr(s) prir t such suspensin being impsed, r as sn thereafter as reasnably pssible, t shw cause why the suspensin shuld nt be implemented. The Title IX Crdinatr(s), in cnsultatin with the 1 If circumstances require, the President r Title IX Crdinatr(s) may designate anther persn t versee the prcess belw, shuld a cmplaint be made against the Crdinatr r the Crdinatr be therwise unavailable r unable t fulfill their duties.

4 apprpriate administratr, has sle discretin t implement an interim suspensin under the plicy n Equal Opprtunity, Harassment and Nndiscriminatin, and t determine its cnditins and duratin. Vilatin f an interim suspensin under this plicy will be grunds fr permanent suspensin r terminatin. During an interim suspensin r administrative leave, a student r emplyee may be denied access t Rse-Hulman husing and/r Rse-Hulman campus/facilities/events. This restrictin may include classes and/r all ther Rse-Hulman activities r privileges fr which the student r emplyee might therwise be eligible. If feasible and reasnable under the circumstances, alternative cursewrk ptins may be pursued t ensure as minimal an impact as pssible n the accused student. 6. Cmplaint Reslutin During r upn the cmpletin f the investigatin, the investigatrs will meet with the Title IX Crdinatr(s). Based n that meeting, the Title IX Crdinatr(s) will cllabrate with the apprpriate administratr and discuss the investigatin. The Title IX Crdinatr and the apprpriate administratr will then make a decisin n whether there is reasnable cause t prceed with the cmplaint. If the Title IX Crdinatr and administratr decide that n plicy vilatin has ccurred r that the prepnderance f evidence (i.e., whether it is mre likely than nt that the respnding party cmmitted each alleged vilatin) des nt supprt a finding f a plicy vilatin, then the prcess will end. If requested by the cmplaining party, the Title IX Crdinatr may re-pen the investigatin, if the Title IX Crdinatr(s) decides that it is necessary and apprpriate t d s. This decisin lies in the sle discretin f the Title IX Crdinatr(s) and apprpriate administratr, and an investigatin shuld be re-pened nly in extenuating circumstances, such as the availability f new evidence. If the Title IX Crdinatr des nt re-pen the investigatin, the cmplaint will be clsed. If the Title IX Crdinatr and apprpriate administratr decide that there is evidence f a plicy vilatin, the fllwing three ptins may ccur: a. Cnflict Reslutin; b. Reslutin withut a Hearing; r c. Frmal Hearing. Each f these three ptins are described belw. If the Title IX Crdinatr and apprpriate administratr decide that the evidence culd reasnably supprt a finding f a plicy vilatin r f n plicy vilatin (i.e., it is t clse t call ), the Title IX Crdinatr shuld prceed with cnflictin reslutin r a frmal hearing. a. Cnflict Reslutin Cnflict reslutin is ften used fr less serius, yet inapprpriate, behavirs and is encuraged as an alternative t the frmal hearing prcess t reslve cnflicts. The Title IX Crdinatr(s) will determine if cnflict reslutin is apprpriate, based n the willingness f the parties, the nature f the cnduct at issue and the susceptibility f the cnduct t cnflict reslutin. In a cnflict reslutin meeting, the Title IX Crdinatr(s) will facilitate a dialgue with the parties t an effective reslutin, if pssible. Sanctins are nt pssible as the result f a cnflict reslutin prcess, thugh the parties may agree t apprpriate remedies. The Title IX Crdinatr(s) will keep recrds f any reslutin that is reached, and failure t abide by the accrd can result in apprpriate respnsive actins. Cnflict reslutin will nt be the primary reslutin mechanism used t address cmplaints f sexual miscnduct r vilent behavir f any kind r in ther cases f serius vilatins f plicy. As discussed abve, cnflict reslutin may be used in situatins where the Title IX Crdinatr finds that the cnduct cmplained f des nt fall within the Rse-Hulman Plicy fr Civil Rights Equity. b. Reslutin withut a Hearing This ptin may be used when there is sufficient evidence that a plicy vilatin has ccurred ( prepnderance f the evidence ), and: A respnding party admits respnsibility fr all r part f the alleged plicy vilatins at any pint in the prcess; When the investigatin reaches a finding that the parties accept; r When bth parties elect t reslve the allegatin withut a hearing and the Title IX Crdinatr assents.

5 The Title IX Crdinatr and apprpriate administratr will meet with the respnding party and explain the findings f the investigatin. The respnding party may chse t admit respnsibility fr all r part f the alleged plicy vilatin. If the respnding party admits t the vilatin, the Title IX Crdinatr will render a finding that the individual is in vilatin f Rse-Hulman s plicy. The Title IX Crdinatr will then cllabrate with the apprpriate administratr t determine an apprpriate sanctin. If the respnding party and reprting party bth agree t the prpsed sanctin, the sanctin will be impsed and the prcess will be cmplete. If the respnding party r reprting party rejects the sanctin, a frmal hearing will be held n the apprpriate sanctin nly. When that ccurs, the hearing panel will nt be infrmed f the prpsed sanctin suggested by the Title IX Crdinatr and apprpriate administratr. Reslutin withut a hearing may be utilized by the Title IX Crdinatr at any stage f the prcess, with agreement f the parties. c. Frmal Hearing This ptin may be used when there is sufficient evidence that a plicy vilatin has ccurred ( prepnderance f the evidence ), and: A respnding party denies respnsibility fr all r part f the alleged plicy vilatins; r A respnding party admits t respnsibility but either party rejects the sanctin. The prcedures fr frmal hearings are discussed in paragraph 7 belw. 7. Frmal Hearing Prcedure a. Hearing Participants Hearing panels will usually be cnvened within ten (10) days f the cmpletin f the investigatin, and will be cnducted in private. Participants will include the nn-vting Chair, the three (3) members f the panel, the investigatrs, the reprting party, the respnding party (r three (3) rganizatinal representatives where an rganizatin is charged), prcess advisrs, and any called witnesses. In place f a prcess advisr, a party may select anther individual, within r utside the Rse-Hulman cmmunity, t accmpany them during the hearing. The party shall request apprval f the individual selected by the panel Chair in advance f the hearing. The individual may cnsult with the party quietly r in writing during the hearing, r utside the hearing during breaks, but may nt speak n behalf f the party t the panel. Individuals will be asked t leave the hearing fr failure t cmply with these rules. b. Pre-Hearing Prcedures When it is determined that a frmal hearing is necessary, the Title IX Crdinatr shall send a letter t the parties with a descriptin f the alleged vilatins, a descriptin f the prcedures, a statement f the ptential sanctins, and the name f the hearing panel Chair. The date, time, and lcatin f the hearing will be prvided as sn as determined. The parties attendance at the hearing is mandatry, superseding all ther campus activities. If any party des nt appear at the scheduled hearing, the hearing will be held in their absence. Fr cmpelling reasns, the Chair may reschedule the hearing. At least three (3) days prir t the hearing, the Chair will prvide the parties with: (1) the names f witnesses wh will be participating in the hearing, (2) all pertinent dcumentary evidence, (3) the names f each f the hearing panel members, and (4) the redacted investigatin reprt. The parties may request witnesses at least tw (2) days prir t the hearing. All witnesses must be interviewed by the investigatrs befre appearing at the hearing r must prvide a written statement at least tw (2) days prir t the hearing.

6 All bjectins t any panelist must be raised in writing t the Chair at least tw (2) days prir t the hearing. Hearing panel members will nly be unseated if the Chair cncludes that their bias precludes an impartial hearing f the allegatin. The hearing panel members will be given the names f all parties and witnesses prir t the hearing, and panel members will recuse themselves if there is a cnflict f interest. The Chair, in cnsultatin with the parties and investigatrs, may decide in advance f the hearing that certain witnesses d nt need t be physically present if their statements can be adequately summarized by the investigatr(s) in the investigatin reprt r during the hearing. All parties will have ample pprtunity t present facts and arguments in full and questin all present witnesses during the hearing. The parties will nt be permitted t crss-examine each ther. If alternative attendance r questining mechanisms are desired, such as the reprting party nt wanting t be in the same rm as the respnding party fr the hearing (screens, Skype, questins directed thrugh the Chair, etc.), the parties shuld request them frm the Chair at least tw (2) days prir t the hearing. c. Presentatin f Evidence and Witnesses Once the prcedures are explained and the participants are intrduced, the investigatr will present the reprt f the investigatin first, and be subject t questining by the parties and the panel. The investigatr(s) will be present during the entire hearing prcess, but will nly be present during deliberatins at the request f the Chair. The findings f the investigatin are nt binding n the panel. Once the investigatr(s) present their reprt and are questined, the panel will permit the parties t prvide relevant infrmatin in turn and permit questining f and by the parties. The panel will then permit all present witnesses t prvide relevant infrmatin and the panel and the parties will each be allwed t ask questins f the witnesses. Frmal rules f evidence d nt apply. Unless the Chair determines it is apprpriate, n ne will present infrmatin r raise questins cncerning: (1) incidents nt directly related t the pssible vilatin, unless they shw a pattern, (2) the sexual histry f the reprting party (thugh there may be a limited exceptin made in regards t the sexual histry between the parties), (3) r the character f the reprting party. While previus cnduct vilatins by the respnding party are nt generally admissible as infrmatin abut the present allegatin, the investigatrs will supply the panel with infrmatin abut previus gd faith allegatins and/r findings t cnsider as evidence f pattern and/r predatry cnduct. There will be n bservers in the hearing. The Chair may allw witnesses wh have relevant infrmatin t appear at a prtin f the hearing in rder t respnd t specific questins frm the panel r the parties invlved, and then be excused. The panel des nt hear frm character witnesses, but will accept up t tw (2) letters supprting the character f each f the parties. In hearings invlving mre than ne respnding party r in which tw (2) r mre reprting parties have accused the same individual f substantially similar cnduct, the Title IX Crdinatr(s) will determine whether hearings will be held individually r jintly. If held jintly, there will be separate determinatins made t each respnding party. Prceedings are private. All persns present at any time during the hearing are expected t maintain the privacy f the prceedings. While the cntents f the hearing are private, the parties have discretin t share their wn experiences if they s chse. Hearings (except fr deliberatins) are recrded fr purpses f review in the event f an appeal. The parties may nt recrd the prceedings and n ther unauthrized recrdings are permitted. Panel members, the parties, and apprpriate administratrs f Rse-Hulman will be allwed t listen t the recrding in a lcatin determined by the Title IX Crdinatr. N persn will be given r be allwed t make a cpy f the recrding withut permissin f the Title IX

7 8. Sanctins Crdinatr. d. Deliberatin and Decisins The three (3) members f the hearing panel and the nn-vting Chair will deliberate in clsed sessin t determine whether the respnding party is respnsible r nt respnsible fr the plicy vilatin(s) in questin. The panel will base its determinatin(s) n a prepnderance f the evidence (i.e., whether it is mre likely than nt that the respnding party cmmitted each alleged vilatin). If a respnding party r rganizatin is fund respnsible by a majrity f the panel, the panel will recmmend apprpriate sanctins. If the respnding party has already admitted t the plicy vilatin, the hearing panel will nly deliberate as t an apprpriate sanctin. The Chair will prepare a written deliberatin reprt and deliver it t the Title IX Crdinatr, detailing the recmmended finding, the infrmatin cited by the panel in supprt f its recmmendatin, and any infrmatin the hearing panel excluded frm its cnsideratin and why. The reprt shuld cnclude with any recmmended sanctins. This reprt shuld nt exceed tw (2) pages in length and must be submitted t the Title IX Crdinatr within tw (2) days f the end f deliberatins, unless the Title IX Crdinatr grants an extensin. The Title IX Crdinatr will infrm the parties f the final decisin f the ERP and f the sanctin impsed by the Title IX Crdinatr and apprpriate administratr (see paragraph 8 belw) within three (3) days f the hearing. Ntificatin will be made in writing and may be delivered in persn, by campus mail, and/r by campus . Once mailed, ed, and/r received in-persn, ntice will be presumptively delivered. The Title IX Crdinatr(s) will cllabrate with the apprpriate administratr in determining the final sanctin r respnsive actin. The Title IX Crdinatr(s) and apprpriate administratr will make the final decisin n sanctins. Factrs cnsidered when determining a sanctin r respnsive actin may include: The nature, severity f, and circumstances surrunding the vilatin. An individual s disciplinary histry. Previus cmplaints r allegatins invlving similar cnduct. Any ther infrmatin deemed relevant. The need fr sanctins r respnsive actins t bring an end t the discriminatin, harassment and/r retaliatin. The need fr sanctins/respnsive actins t prevent the future recurrence f discriminatin, harassment and/r retaliatin. The need t remedy the effects f the discriminatin, harassment and/r retaliatin n the victim and the cmmunity. Recmmendatins f the investigatin team and/r the hearing panel. a. Student Sanctins The fllwing are the usual sanctins that may be impsed upn students r rganizatins singly r in cmbinatin: Warning: A frmal statement that the behavir was unacceptable and a warning that further infractins f any Rse- Hulman plicy, prcedure, r directive will result in mre severe sanctins/respnsive actins. Prbatin: A written reprimand fr vilatin f the Cde f Student Cnduct, prviding fr mre severe disciplinary sanctins in the event that the student r rganizatin is fund in vilatin f any Rse-Hulman plicy, prcedure r directive within a specified perid f time. Terms f the prbatin will be specified and may include denial f specified scial privileges, exclusin frm c-curricular activities, nn-cntact rders, and/r ther measures deemed apprpriate. Suspensin: Terminatin f student status fr a definite perid f time nt t exceed tw years, and/r until specific criteria are met. Students wh return frm suspensin are autmatically placed n prbatin thrugh the remainder f their tenure at Rse-Hulman. This sanctin may be nted as a Cnduct Suspensin n the student s fficial transcript. Permanent Suspensin: Permanent suspensin f student status, revcatin f rights t be n campus fr any reasn r attend Rse-Hulman-spnsred events. This sanctin will be nted as a Cnduct Expulsin n the student s fficial

8 transcript. Withhlding Diplma. Rse-Hulman may withhld a student's diplma fr a specified perid f time and/r deny a student participatin in cmmencement activities if the student has a cmplaint pending, r as a sanctin if the student is fund respnsible fr an alleged vilatin. Revcatin f Degree. Rse-Hulman reserves the right t revke a degree awarded frm Rse-Hulman fr fraud, misrepresentatin r ther vilatin f Rse-Hulman plicies, prcedures r directives in btaining the degree, r fr ther serius vilatins cmmitted by a student prir t graduatin. Organizatinal Sanctins. Deactivatin, de-recgnitin, lss f all privileges (including Institute registratin), fr a specified perid f time. Other Actins: In additin t r in place f the abve sanctins, Rse-Hulman may assign any ther sanctins as deemed apprpriate. Sanctins impsed are implemented immediately unless the Title IX Crdinatr(s) stays their implementatin in extrardinary circumstances, pending the utcme f the appeal. b. Emplyee Sanctins Respnsive actins fr an emplyee wh has engaged in harassment, discriminatin and/r retaliatin include warning, required cunseling, demtin, suspensin with pay, suspensin withut pay and terminatin. Fr tenured faculty, vilatins f this plicy may be cnsidered acts invlving mral turpitude fr purpses f tenure revcatin. 9. Withdrawal r Resignatin While Charges Pending Students: Rse-Hulman des nt permit a student t withdraw if that student has a cmplaint pending fr a vilatin f the Plicy fr Civil Rights Equity, r fr charges under the Cde f Student Cnduct. Shuld a student decide t leave and nt participate in the investigatin and/r hearing, the prcess will nnetheless prceed in the student s absence t a reasnable reslutin and that student will nt be permitted t return t Rse-Hulman unless all sanctins have been satisfied. Emplyees: Shuld an emplyee resign while charges are pending, the recrds f the Title IX Crdinatr(s) will reflect that status, as will Rse-Hulman respnses t any future inquiries regarding emplyment references fr that individual. The Title IX Crdinatr(s) will act t prmptly and effectively t remedy the effects f the cnduct upn the victim and the cmmunity. 10. Appeals All requests fr appeal cnsideratins must be submitted in writing t the Title IX Crdinatr(s) within three business days f the delivery f the written findings and sanctins by the Title IX Crdinatr. A three-member panel f the ERP designated by the Title IX Crdinatr(s) wh was nt invlved in the cmplaint previusly will cnsider all appeal requests. Any party may appeal, but appeals are limited t the fllwing: A prcedural errr r missin ccurred that significantly impacted the utcme f the hearing (i.e. substantiated bias, material deviatin frm established prcedures, etc.). T cnsider new evidence, unknwn r unavailable during the riginal hearing r investigatin, that culd substantially impact the riginal finding r sanctin. A summary f this new evidence and its ptential impact must be included. The sanctins fall utside the range f sanctins Rse-Hulman has designated fr this ffense r the cumulative cnduct recrd f the individual wh is accused. Appeals will be limited t these issues. The appeals panel will nt be re-weighing evidence and re-judging the riginal finding f respnsibility. The appeals panel f the ERP will review the appeal request(s). The riginal finding and sanctin r respnsive actins will stand if the appeal is nt timely r is nt based n the grunds listed abve, and such a decisin is final. When any party requests an appeal, the ther party (parties) will be ntified and jined in the appeal. The party requesting appeal must shw in writing that the grunds fr an appeal request have been met, and the ther party r parties may shw in writing that the grunds have nt been met, r that additinal grunds are met. The riginal finding and sanctin are presumed t have been decided reasnably and apprpriately.

9 Where the ERP appeals panel finds that at least ne f the grunds is met, and prceeds, additinal principles gverning the hearing f appeals include the fllwing: Appeals decisins by the ERP panel are t be deferential t the riginal decisin, making changes t the finding nly where there is clear errr and t the sanctin r respnsive actin nly if there is a cmpelling justificatin t d s. Appeals are nt intended t be full rehearings f the cmplaint. In mst cases, appeals are cnfined t a review f the written dcumentatin r recrd f the riginal hearing, and pertinent dcumentatin regarding the grunds fr appeal. Appeals granted based n new evidence shuld nrmally be remanded t the riginal hearing panel fr recnsideratin. Other appeals may be remanded at the discretin f the Title IX Crdinatr(s) r heard by the three-member panel f the ERP. Within 3 business days frm cnsidering the appeal, the appeals panel will prvide a written decisin t the Title IX Crdinatr, stating the fllwing: That the appeals panel affirms the final sanctin implemented by the Title IX Crdinatr and apprpriate administratr; That the appeals panel remands the case back t the riginal hearing panel fr purpses f hearing newly discvered evidence; That the appeals panel recmmends a new hearing due t substantiated bias r ther significant prcedural errr; r That the appeals panel disagrees with the final sanctin implemented by the Title IX Crdinatr and apprpriate administratr. If the appeals panel affirms the decisin f the Title IX Crdinatr and apprpriate administratr, the utcme is final and further appeals are nt permitted. If the appeals panel disagrees with the decisin f the Title IX Crdinatr and apprpriate administratr, the President f Rse-Hulman shall make the final decisin n sanctins after reviewing all written evidence in the case. The President s decisin is final and further appeals are nt permitted. The President s review f sanctins shall nly ccur in cases where the appeals panel disagrees with the decisin f the Title IX Crdinatr and apprpriate administratr. All parties shuld be infrmed f whether the grunds fr an appeal are accepted and the results f the appeal decisin. 11. Failure t Cmplete Sanctins and/r Cmply with Respnsive Actins All respnding parties are expected t cmply with sanctins r respnsive actins within the time frame specified by the Title IX Crdinatr(s). Failure t fllw thrugh n cnduct sanctins r respnsive actins by the date specified, whether by refusal, neglect, r any ther reasn, may result in additinal sanctins r respnsive actins. A suspensin will nly be lifted when cmpliance is achieved t the satisfactin f the Title IX Crdinatr(s). 12. Recrds In implementing this plicy, recrds f all cmplaints, reslutins, and hearings will be kept by the Title IX Crdinatr(s) fr seven years frm the creatin f the recrd in the Title IX Crdinatr(s) database. 13. Statement f the Rights f a Party Bringing a Cmplaint T be treated with respect by Rse-Hulman fficials. T take advantage f campus supprt resurces fr students (i.e. Cunseling Services and Rse-Hulman Health Services) and fr emplyees (i.e. the Office f Human Resurces, the Emplyee Relatins Cmmittee, and/r the Ombudsman Cmmittee, wh are the Staff and Faculty Representatives t the Bard f Trustees). T experience a safe living, educatinal, and wrk envirnment. T have advcate prcess advisr during this prcess. T be accmpanied by an individual f their chice thrughut the prcess. T refuse t have an allegatin reslved thrugh cnflict reslutin prcedures. T receive institutinal amnesty fr minr student miscnduct (such as alchl r drug vilatins) that is ancillary t the incident. T be free frm retaliatin.

10 T have cmplaints heard in substantial accrdance with these prcedures. When the injured party is nt the cmplainant, the injured party has full rights t participate in any ERP prcess. T be infrmed in writing f the utcme/reslutin f the cmplaint, sanctins where permissible, and the ratinale fr the utcme where permissible. T be referred t law enfrcement and have assistance. T have husing and living accmmdatins, as necessary. T have a campus-based n cntact rder between the parties. 14. Statement f the Rights f the Respnding Party T be treated with respect by Rse-Hulman fficials. T take advantage f campus supprt resurces fr students (i.e. Cunseling Services and Rse-Hulman Health Services) and fr emplyees (i.e. the Office f Human Resurces, the Emplyee Relatins Cmmittee, and/r the Ombudsman Cmmittee, wh are the Staff and Faculty Representatives t the Bard f Trustees). T have advcate prcess advisr during this prcess. T be accmpanied by an individual f their chice thrughut the prcess. T refuse t have an allegatin reslved thrugh cnflict reslutin prcedures. T have cmplaints heard in substantial accrdance with these prcedures. T be infrmed f the utcme/reslutin f the cmplaint and the ratinale fr the utcme, in writing. 15. Revisin These plicies and prcedures will be reviewed and updated annually by the Title IX Crdinatr(s). Cases will be determined accrding t the plicy in effect at the time f the alleged incident. This plicy was implemented in July This plicy was updated/revised in August 2016.