麻豆视频

Title IX Violations (Outside the Scope of the Definition of Sexual Harrassment)

A. Scope

This section of the Title IX Policy covers alleged violations of the Title IX that fall outside the scope of the definition of sexual harassment as defined in Section II paragraph B. Prohibited conduct under this section includes discrimination on the basis of sex in an education program or activity operated by 麻豆视频.

B. Coordination with Other Policies

麻豆视频 may determine that complaints filed under this Policy do not constitute a violation of Title IX but the conduct alleged may be in violation of other 麻豆视频 Policies which may be found in the Campus Life Handbook, Faculty Handbook, Staff Handbook, or other applicable 麻豆视频 Policies. The Title IX Coordinator or designee will assist the Complainant in identifying the appropriate University Policies and procedure for resolution of the complaint in a prompt and equitable manner.

C. Investigation Process

1. In response to all reported alleged Policy violations, 麻豆视频 shall provide a prompt, fair, and impartial assessment, and if appropriate, an investigation and resolution.
2. The timing of resolution of a report may vary based on the circumstances of the complaint and may be affected by breaks in the academic calendar, availability of the parties and witnesses, and unforeseen circumstances. The Title IX Coordinator will update the Complainant and Respondent periodically on the status of the investigation.
3. Upon receipt of a report of violation of this Policy, the Title IX Coordinator or Deputy Coordinator will conduct an initial review and assessment. For the purpose of this review, the Title IX Coordinator or the Deputy Coordinator will assume the facts in the report are true in order to assess whether the report should be processed and investigated under the Title IX Policy or other appropriate 麻豆视频 University Policy. If, upon review, the report indicates a possible Title IX violation that does not meet the definition of "sexual harassment" as found in Section II paragraph B, the Title IX Coordinator will appoint an Investigation Committee to investigate and make a determination on the reported violation. If the initial review and assessment reveals that the conduct in the report, even if true, would not constitute a violation of the Title IX Policy, the matter may be referred the appropriate University Administrator or legal authority for resolution or closed with no further action.
4. Where reasonable cause exists to believe conduct in violation of the Policy may have occurred, the Title IX Coordinator or Deputy Coordinator will provide prompt, appropriate, and reasonably available supportive measures to support and protect the parties and prevent any further acts of alleged discrimination, misconduct, harassment, or retaliation. Interim measures may be imposed regardless of whether the Complainant seeks formal investigation.
5. Both the Complainant and Respondent will receive written or verbal notification of the reports from the Title IX Coordinator. The communication will include information about the investigation process, including the allegations to be investigated, the rights of both parties during the investigation, and if substantiated, the range of potential penalties.
6. As part of its investigative process, the Investigation Committee will gather information relevant to the reported allegations. Information may include, but is not limited to, interviews with the Complainant, the Respondent, and Witnesses or persons with information related to the incident. Additional information may include, but is not limited to, documents, electronic communication (e.g. texts, social media posts, emails, phone logs, etc.), and video and audio recordings.
7. Both the Complainant and Respondent will be given the opportunity to respond in writing to specific claims made by the other party before the conclusion of the investigation.

D. Determination Process

1. The Investigation Committee will review and consider all information gathered and decide whether a Policy violation occurred. The standard approved for determination of a Policy violation is "preponderance of the evidence" which is whether or not there is sufficient evidence to establish that it is more likely than not that the Respondent violated the Policy.
2. The Investigation Committee will prepare a written report of its findings, its determination of whether a Policy violation occurred, the rationale for its determination, and a determination for sanctions or actions to be taken, if appropriate. The Investigation Committee will submit its written report to the Title IX Coordinator who, in turn, will immediately provide the written report to the Complainant and Respondent by email and U.S. Mail. When transmitting the written report, the Title IX Coordinator will provide the parties notice of their right to appeal and the steps to be taken to exercise that right.

E. Appeal Process

1. A request for an appeal must be made within five (5) business days of the date the written final report is sent to the Complainant and Respondent. A copy of the appeal form will be provided to the Complainant and Respondent when they receive their written final report. The appeal must be based on one or more of the following reasons:
   1. Procedural irregularity that affected the outcome of the matter;
   2. Newly discovered material evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made that could have affected the outcome of the hearing;
   3. A participant in the process (Title IX Coordinator or Investigative Committee Member) had a conflict of interest or bias for or against Complainant or Respondent that affected the final decision;
   4. A determination that the final decision issued was contrary to the preponderance of the evidence; or
   5. A determination that the Investigative Committee either improperly considered or did not consider material evidence that could have affected the outcome. The appeal is limited to the grounds stated above. Any basis for appeal outside the above stated grounds will not be considered during the appeal process.
2. The President will conduct the appellate review. The Title IX Coordinator will provide the President with all of the Investigative Committee's report of its findings, determinations of violations, rationale for its determination, and sanctions imposed. Within fifteen (15) business days of receipt of the Investigation Committee's Report, the President shall submit to the Title IX Coordinator a written determination on the appeal. The Title IX Coordinator will immediately send the determination to the Complainant and the Respondent. The President is the final decision maker in the appellate process.