OVERVIEW
College for Creative Studies (hereinafter, “CCS” or “the College” is committed to providing an educational and employment environment that is free from Discrimination based on Protected Characteristics, Harassment, and Retaliation for engaging in protected activity. CCS’s Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence (“Title IX Policy”) and Policy on Preventing and Addressing Discrimination, Harassment and Retaliation, are designed to further these goals.
CCS’s Title IX Commitment
The College is committed to providing a safe and non-discriminatory learning, living, and working community for all members of CCS’s community. CCS does not discriminate on the basis of sex in any of its programs and activities. To that end, CCS’s “Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence” (“Title IX Policy”) prohibits specific forms of behavior that violate Title IX of the Education Amendments of 1972 (“Title IX”), Title VII of the Civil Rights Act of 1964 (“Title VII”) and Michigan’s Civil Rights Laws, including the Elliott Larsen Civil Rights Act. Such behavior also requires CCS to fulfill certain obligations under the Violence Against Women Reauthorization Act of 2013 (“VAWA”) and the Jeanne Clery Campus Safety Act (“Clery Act”).
CSS’s Commitment to Eliminating Discrimination and Harassment
The College must define and respond to certain types of misconduct as required by Title IX, codified at 34 C.F.R. Part 106 and related guidance (the “Title IX Regulations”). The Title IX Regulations allow the College to define and regulate misconduct that falls outside the scope of the Title IX Regulations, but which CCS is committed to addressing as a matter of CSS policy or as required by other law. These guidelines are set for CSS’s Policy, “Preventing and Addressing Discrimination, Harassment and Retaliation”.
CCS values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved. Employees, including Faculty and Student Employees, or Students who violate these policies may face disciplinary action up to and including termination of employment or expulsion. The College will take prompt and equitable action to eliminate conduct that violates its policies, prevent recurrence, and remedy its effects. CCS conducts ongoing prevention, awareness, and training programs for Employees and Students to facilitate the goals of these policies.
CCS’s Commitment to a Fair Process for Resolving Disputes
To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goal of fairness in all aspects of the Education Program or Activity, CCS has developed policies and procedures that provide a prompt, equitable, and impartial resolution of allegations of violation of the Title IX Policy, in Process A, and violation of Policy on Preventing and Addressing Discrimination, Harassment and Retaliation, in Process B.
I. POLICY STATEMENT
CCS is committed to providing a safe and non-discriminatory campus community that is free from Sexual and Gender Based Misconduct and that enables individuals engaged in Programs or Activities to participate in the scholarly, research, educational and services of CCS. The College does not discriminate on the basis of sex or gender in any of its Programs or Activities.
It is a violation of CCS’s Title IX Policy to engage in Sexual Assault, Quid Pro Quo Sexual Harassment (as defined by the Title IX Policy or the Policy on Preventing and Addressing Discrimination, Harassment and Retaliation), Hostile Environment Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence and Stalking and Complicity in the commission of any act prohibited by this Policy, and Retaliation against a person for the good faith reporting of any of these forms of conduct or participation in any investigation or proceeding under this Policy (collectively “Prohibited Conduct”).
Prohibited Conduct under this Policy extends beyond the definitions of “sexual harassment” adopted by the Department of Education in the Title IX Regulations.
Some forms of Prohibited Conduct may also constitute crimes under Michigan law, which may subject a person to criminal prosecution and punishment in addition to any sanctions under this Policy. Complainants have the right to notify or decline to notify law enforcement in addition to any actions taken under this Policy. Complainants may also simultaneously pursue criminal and CCS complaints.
II. SCOPE AND APPLICABILITY
This policy applies to Students, defined under this policy as those who are registered or enrolled for credit-or non-credit-bearing coursework (“Students”); College employees, defined under this policy as all full-time and part-time faculty, College Staff, Student employees, wage workers, (including temporary employees), professional research staff, and post-doctoral fellows (“Employees”); and third parties, consisting of contractors, vendors, visitors, applicants, guests, or other third parties (“Third Parties”).
Once the Grievance Process has been initiated following the issuance of a Notice of Investigation letter, the College retains the jurisdiction to investigate and resolve the matter even if Complainant or Respondent is no longer a member of the College community due to changes in enrollment (including graduation), employment, or other status in the College community.
This Policy covers acts of Prohibited Conduct, as defined in this Policy, that are committed by or against Students, Employees, and as applicable Third Parties, when the Prohibited Conduct occurs:
• On campus or other property owned or controlled by CCS;
• In the context of College Employment or Education Program or Activity including but not limited to College-sponsored study abroad, research, field work, practicums, internship programs, online programs, employment, a Program or Activity conducted by CCS for individuals who are neither College employees nor students (such as sports or academic camps offered to non-students); or
• Outside of a College Employment or Program or Activity, but potentially poses a serious threat of harm, has a continuing adverse effect on, or creates a hostile environment for Students, Employees or Third Parties while on campus or other property owned or controlled by CCS, or in any College Program or Activity.
CCS retains discretion to determine whether Prohibited Conduct occurring outside of the College Program or Activity is within the College’s jurisdiction. In determining whether the College has jurisdiction over off-campus or online conduct that did not occur in a College Program or Activity, CCS will consider the severity of the alleged conduct, the risk of on-going harm, whether both parties are members of the CCS Community, the impact on the College Employment or Program or Activity, and whether off-campus conduct is part of a series of actions that occurred both on and off campus.
III. DIRECTOR OF CIVIL RIGHTS AND TITLE IX COMPLIANCE
The CCS president and Assistant Vice President of Campus Life created a full-time position titled the Director of Civil Rights and Title IX Compliance (the “Director”), to coordinate the CCS’s compliance Title IX, and other federal, state or local law or ordinances.
The Director is responsible for providing comprehensive education and training; coordinating CCS’s timely, thorough, and fair response; investigation and resolution of all alleged Prohibited Conduct under the Policy; and monitoring the effectiveness of, and any barriers to, accessing the Policy and related procedures to ensure an education and employment environment free from sex harassment and retaliation, or other violations under Title IX.
IV. PROHIBITED CONDUCT UNDER THIS POLICY
Prohibited Conduct under this Policy is defined as conduct defined as sexual harassment under Title IX and includes:
A. Sexual Assault: Any sexual act directed against another person, without the Consent of the Complainant including instances where the Complainant is incapable of giving consent.
1. 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.
2. Sodomy—Oral or anal sexual intercourse with another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent because of age or because of temporary or permanent mental or physical incapacity.
3. Sexual Assault with An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent because of age or because of temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia, e.g., a finger, bottle, handgun, stick.
4. Fondling— The touching of the private body parts of another person for the purpose of sexual gratification, without the Consent of the victim, including instances where the victim is incapable of giving Consent because of age or because of temporary or permanent mental or physical incapacity.
B. Sexual Assault: Nonforcible sexual intercourse
1. Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
2. Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent.
C. Quid Pro Quo Sexual Harassment: An employee of the College conditioning the provision of aid, benefit, or service on another individual’s participation in unwelcome sexual conduct.
D. Hostile Environment Sexual Harassment as Defined in Title IX Regulation (“Title IX Hostile Environment Sexual Harassment”): Unwelcome conduct based on sex that would be determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to CCS’s Employment or Education Program or Activity.
E. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such Dating violence does not include acts covered under the definition of domestic violence.
F. Domestic Violence: Violence committed by a current or former spouse or intimate partner of the Complainant; a person with whom the Complainant shares a child in common; a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner; a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan; by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Michigan. To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
G. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. Stalking may include the concept of “cyber-stalking,” a particular form of stalking in which a person uses electronic media, such as the internet, social networks, blogs, cell phones, texts, or other similar devices to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion. When allegations of stalking are unrelated to sex and/or gender-based harassment, cases may be referred to the appropriate office and governed by Policy on Preventing and Addressing Discrimination, Harassment and Retaliation, or other CCS Policy, Code, Handbook or Manual.
V. PRESERVATION OF EVIDENCE
A. Preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders and is particularly time sensitive. The College will inform the Complainant of the importance of preserving evidence by taking actions, if applicable, such as the following:
1. Sexual Assault
a. Seek forensic medical assistance at the nearest hospital, ideally within 12 hours of the incident (sooner is better);
b. Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do;
c. If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth;
d. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or secure evidence container (if provided by law enforcement); and/or
e. Seeking medical treatment can be essential even if it is not for the purpose of collecting forensic evidence.
2. Stalking/Dating Violence/Domestic Violence/Sexual Harassment
a. Evidence in the form of text and voice messages will be lost in most cases if a party or witness changes their phone number;
b. Make a secondary recording of any voice messages and/or save the audio files to a cloud server;
c. Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook);
d. Save copies of email and social media correspondence, including notifications related to account access alerts;
e. Take time-stamped photographs of any physical evidence including notes, gifts, etc. in place when possible;
f. Save copies of any messages, to include those showing any request for no further contact;
g. Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible;
h. If changing devices, make sure to transfer any files needed to the new device; and/or
i. During the initial meeting between the Complainant and the Director, the importance of taking these actions will be discussed, if timely and appropriate.
VI. ADDITIONAL PROHIBITED CONDUCT UNDER THIS POLICY
To the extent that conduct does not fall under the definition of Title IX Quid Pro Quo Sexual Harassment, the following conduct violates CCS Policy, and will be investigated and addressed under Process A:
A. College Policy Quid Pro Quo Sexual Harassment: Unwelcome conduct based on sex where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual’s education, employment, or participation in a College program or activity.
B. Sexual Exploitation: Purposely or knowingly doing one or more of the following without Consent:
1. Taking sexual advantage of another person.
2. Taking advantage of another’s sexuality.
3. Exceeding the boundaries of consensual Sexual Contact without the knowledge of the other individual.
4. Sexual Exploitation may be committed for any purpose, including sexual arousal or gratification, financial gain, or other personal benefit.
5. Examples include, but are not limited to, purposefully or knowingly:
a. Causing the incapacitation of another person through alcohol and/or drugs (or any other means) for the purpose of compromising that person’s ability to give Affirmative Consent to sexual activity;
b. Allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Video Calls by any media or livestreaming of images) without consent of all parties;
c. Engaging in voyeurism (e.g., watching private sexual activity without the consent of the participants or viewing another person’s intimate parts (including genitalia, groin, breasts or buttocks) in a place where that person would have a reasonable expectation of privacy);
d. Recording or photographing private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
e. Disseminating or posting images of private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
f. Maliciously threatening to disclose or disclosing an individual’s Sexual Orientation, Gender Identity, or Gender Expression;
g. Prostituting another person;
h. Possessing, creating, or distributing child pornography;
i. Exposing another person to a sexually transmitted infection or virus without the other’s knowledge; or
j. Failing to use contraception or deliberately removing or compromising contraception (Stealthing) without the other party’s knowledge.
C. Complicity: Complicity is any act taken with the purpose of aiding, facilitating, promoting or encouraging the commission of an act of Prohibited Conduct under this Policy by another person. Examples of complicity include, but are not limited to, restraining another individual during a sexual assault, encouraging someone to commit dating violence or sexual assault, or intentionally not intervening for the purpose of facilitating another person committing Prohibited Conduct
D. Retaliation: No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this Policy, or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX or this Policy.
E. Violation of Supportive Measures
1. Supportive Measures are discussed in more detail in Section IX. Failure to comply with Supportive Measures as required is a separate violation of this Policy.
VII. DEFINITIONS
A. “Complainant” is used to refer to a Student, Employee, or Third Party who is reported to have experienced Prohibited Conduct. A Complainant also typically participates in a process undertaken by CCS to address a report of Prohibited Conduct. In some instances, the person who is reported to have experienced Prohibited Conduct may not wish to participate in the process. In those cases, CCS may pursue a resolution process under this Policy without a participating Complainant. “Complainant” will be used throughout this Policy and related procedures to refer generally to an individual who is reported to have experienced Prohibited Conduct, even if their specific identity is unknown to CCS and/or if they do not participate in any related process.
B. “Confidential And Non-Confidential Resources:
1. “Confidential Resources” are available to provide individuals with assistance, support, and additional information and are prohibited from disclosing confidential information unless: (1) given permission by the person who disclosed the information; (2) there is an imminent threat of harm to self or others; (3) the conduct involves suspected abuse of a minor under the age of 18; or (4) as otherwise required or permitted by law or court order. Confidential Resources may be required to report non-identifying information to CCS’s Security Department for crime reporting purposes.
2. “Non-Confidential Resources” are available to provide individuals with assistance, support, and additional information, but may have broader obligations than Confidential Resources to report information that is shared with them. Non-Confidential Resources will make reasonable efforts to respect and safeguard the privacy of the individuals involved. Privacy means that concerns about Prohibited Conduct will only be shared with College representatives responsible for assessment, investigation, or resolution of the report or otherwise properly responding to issues raised; to CCS’s Security Department for crime statistics reporting; and to the extent required by law or court order.
C. “Confidential Employees” and “Non-Confidential Employees”
1. “Confidential Employees” are those employees who provide confidential, trauma informed counseling and support. Confidential Employees will not disclose information about Prohibited Conduct reported to them by a student or employee to the Director without the individual’s permission, unless there is a continuing threat of serious harm to the patient/client or to others or there is a legal obligation to reveal such information (e.g., where there is suspected abuse or neglect of a minor).
2. “Non-Confidential Employees” are required to report to the Director all relevant details (obtained directly or indirectly) about any incident of Prohibited Conduct that involves a student or an employee as a Complainant, Respondent, and/or witness, including dates, times, locations, and names of parties and witnesses. This includes reports related to on- or off-campus conduct. Non-Confidential Employees are not required to report information disclosed
a. at public awareness events (e.g., “Take Back the Night,” candlelight vigils, protests, “survivor speak-outs” or other public forums in which students may disclose incidents of Prohibited Conduct; collectively, “Public Awareness Events”);
b. during a student’s participation as a subject in an Institutional Review Board-approved human subjects research protocol; or
c. peer support groups.
D. “Consent” is a clear and unambiguous agreement, expressed outwardly through mutually understandable words or actions, to engage in “Sexual Activity.”
1. CCS will consider the following issues to determine whether there has been consent within the meaning of this Policy.
a. Did the person initiating Sexual Activity know that the conduct in question was not consensual?
b. If not, would a Reasonable Person who is unimpaired by alcohol or drugs have known that the conduct in question was not consensual?
c. If the answer to either of these questions is “Yes,” Consent was absent.
2. Consent is not to be inferred from silence, passivity, or a lack of resistance, and relying on non-verbal communication alone may not be sufficient to determine Consent.
3. Consent is not to be inferred from an existing or previous dating or sexual relationship. Even in the context of a relationship, there must be mutual Consent to engage in any Sexual Activity each time it occurs. In cases involving prior or current relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on the presence of Consent.
4. Consent to engage in a particular Sexual Activity at one time is not Consent to engage in a different Sexual Activity or to engage in the same Sexual Activity on a later occasion.
5. Consent can be withdrawn by any party at any point. An individual who seeks to withdraw Consent must communicate, through clear words or actions, a decision to cease the Sexual Activity. Once Consent is withdrawn, the Sexual Activity must cease immediately.
6. Given the inherent power differential in the context of a professional faculty-student, staff-student or supervisor-supervisee interactions, when the Respondent is the faculty member, staff member, or supervisor, the College will generally apply heightened scrutiny to an assertion of Consent.
E. “Employee” means all faculty (i.e., regular instructional, supplemental instructional, research track, and visiting faculty), librarians, archivists, curators, graduate student instructors, graduate student staff assistants, graduate student research assistants, postdoctoral research fellows, and all regular and temporary staff.
F. “Force” includes the use of physical violence, threats, and/or coercion.
1. Physical violence means that a person is exerting control over another person through the use of physical force. Examples of physical violence include hitting, punching, slapping, kicking, restraining, strangling, and brandishing or using any weapon.
2. Threats are words or actions that would compel a Reasonable Person to engage in unwanted Sexual Activity. Threats may be implicit or explicit but must be of such a nature that they would reasonably cause fear.
3. Examples include threats to harm a person physically or to cause a person academic, employment, reputational, or economic harm.
4. Coercion is the use of an unreasonable amount of pressure that would overcome the will of a Reasonable Person. Coercion is more than an effort to persuade, entice, or attract another person to engage in Sexual Activity. When a person makes clear a decision not to participate in a particular Sexual Activity, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can become coercive.
5. In evaluating whether Coercion was used, CCS will consider:
a. the frequency, intensity, and duration of the pressure;
b. the degree of isolation of the person being pressured; and
c. any actual or perceived power differential between the parties in the context of their respective roles within the College.
G. “Formal Complaint” means a document signed/filed by a Complainant or by the Title IX Coordinator or an electronic submission (e.g. email) containing the allegations that a Respondent engaged in Prohibited Conduct and requesting initiation of the CCS’s resolution processes.
H. “Incapacitation” or “Incapacitated” means that a person lacks the ability to make informed, deliberate choices about whether or not to engage in Sexual Activity.
1. Consent cannot be gained by taking advantage of the Incapacitation of another, where the person initiating Sexual Activity knows or reasonably should know that the other is Incapacitated.
2. A person who is Incapacitated is unable to give Consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that Sexual Activity was requested, suggested, initiated, and/or is taking place. A person may be Incapacitated as a result of the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition.
3. When alcohol or other drugs are involved, Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily Incapacitated solely as a result of drinking or using drugs; the level of impairment must be significant enough to render the person unable to give Consent.
4. In evaluating Consent in cases of alleged Incapacitation, CCS considers:
a. Did the person initiating Sexual Activity know that the other party was Incapacitated?
b. If not, would a REASONABLE PERSON who is unimpaired by alcohol or drugs have known that the other party was Incapacitated?
c. If the answer to either of these questions is “Yes,” Consent was absent.
5. One is not expected to be a medical expert in assessing Incapacitation by drugs or alcohol. One must look for the common and obvious signs that show that a person may be Incapacitated, regardless of the amount of alcohol or drugs consumed. Although every individual may manifest signs of Incapacitation differently, typical signs include slurred or incomprehensible speech, unsteady manner of walking, combativeness, emotional volatility, vomiting, unconsciousness, or incontinence.
6. A person who is Incapacitated may not be able to understand some or all of the following questions:
a. Do you know where you are?
b. Do you know how you got here?
c. Do you know what is happening?
d. Do you know whom you are with?
7. It is important to be cautious before engaging in Sexual Activity when any person involved has been drinking alcohol or using drugs. The use of alcohol or other drugs may impair an individual’s ability to determine whether Consent has been sought or given. If there is doubt about an individual’s level of intoxication, the safe thing to do is to refrain from engaging in Sexual Activity. Being impaired by alcohol or other drugs is not a defense to a failure to obtain Consent.
I. “Mandatory Reporters” are individuals who are required to share with the Director of Civil Rights and Title IX Compliance, information they receive about alleged Prohibited Conduct. Individuals With Reporting Obligations are:
1. College administrators and supervisors;
CCS Faculty and Employees (including Student-Employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected Title Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions.
J. A “Program or Activity” includes:
1. any location, event, or circumstance where the College exercises substantial control over both the Respondent and the context in which conduct occurs;
2. any building owned or controlled by a Student Organization recognized by CCS; and
3. a College campus.
4. Conduct that occurs off campus in locations or at events with no connection to the College is unlikely to occur in a Program or Activity of CCS.
K. “Protected Activity” includes most elements of participation in CCS’s processes related to this Policy, including but not limited to reporting Prohibited Conduct; pursuing a resolution of Prohibited Conduct; providing evidence in any investigation or Hearing related to Prohibited Conduct; or intervening to protect others who may have experienced Prohibited Conduct. Retaliation against any person because of Protected Activity is prohibited under this Policy.
L. “Reasonable Person” means a person using average care, intelligence, and judgment in the known circumstances.
M. “Respondent” is an individual who is reported to have engaged in conduct that could constitute Prohibited Conduct. “Respondent” will be used throughout this Policy and related procedures to refer generally to an individual who is reported to have engaged in conduct that could constitute Prohibited Conduct, even if their specific identity is unknown to CCS and/or unknown to the Complainant, and/or even if they do not participate in any related process.
N. “Sexual Activity” refers to any conduct of a sexual nature for which Consent is required under this Policy. A person who initiates Sexual Activity is responsible for obtaining Consent for that conduct. Consent cannot be obtained by Force or in circumstances involving Incapacitation, which are defined in this Section.
O. “Student” generally means an individual who has gained admission to, and/or an individual who was admitted for enrollment in, an academic Program or Activity operated by the College, from the time they are admitted until either degree conferral or they are otherwise ineligible to register for courses without seeking readmission, and/or a person who has gained admission to CCS (to the extent to which CCS has a reasonable opportunity to control the environment in which the conduct is alleged to have occurred and/or the interactions between the parties).
P. “Supportive Measures” are individualized services, accommodations, and other assistance that CSS offers and may put in place, without fee or charge. Supportive Measures are designed to restore or preserve equal access to the College’s Programs and Activities, protect the safety of all parties and the College’s educational environment, and/or deter Prohibited Conduct, without being punitive or disciplinary in nature or unreasonably burdening the other party.
Q. “Third Party” means all CCS regents, contractors, guests, vendors, visitors, volunteers, and any individual who is participating in a College Program or Activity, but who, for purposes of alleged Prohibited Conduct, has not gained admission to and/or is not enrolled in an academic program and/or course at the College and/or who is not acting as an Employee (e.g., an individual who is participating in a summer camp; an individual who is attending a Program or Activity by invitation or that is open to the public; or an individual who is not enrolled in an academic program and/or course at CCS, but who is participating in a College study abroad program).
VIII. REPORTING
A. Report of a Violation of Title IX
1. A report provides the Notice of an allegation or concern about Prohibited Conduct or Other Prohibited Conduct. It allows the Director to provide information, resources, and supportive measures.
2. Reporting carries no obligation to file a Formal Complaint, and in most situations, the College is able to respect a Complainant’s request not to initiate an investigation or other appropriate resolution procedures.
a. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the College may need to initiate an investigation or other appropriate resolution procedures.
3. If a Complainant does not wish to file a Formal Complaint, the College will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of privacy by submitting a report that allows the College to discuss and/or provide supportive measures, in most circumstances.
B. Formal Complaint
A Formal Complaint informs the College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Formal Complaint. Reports or Formal Complaints may be made using any of the following options:
1. Verbal Notice to the Director or one of the Director’s staff in the Director’s Office.
2. Written report or Formal Complaint may be made at any time (including during non-business hours) by email or by mail, to the office of the Director.
a. mhamilton@ccsdetroit.edu or Michelle Hamilton, 201 E. Kirby, Detroit, MI 48202
C. Anonymous Reports.
Anonymous reports are accepted but the report may give rise to a need to determine the Parties’ identities. Anonymous reports typically limit the College’s ability to investigate, respond, and provide remedies, depending upon what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of anonymous reports.
D. Reports by Mandated Reporters
1. All CCS Faculty and Employees (including Student-Employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions. Supportive measures may be offered as the result of such disclosures without formal CCS action.
2. If a Complainant wishes to pursue formal action regarding their allegations, they may report the incident to any Mandated Reporter. The Mandated Reporter will connect the Complainant with appropriate resources for reporting potential crimes and/or policy violations and will promptly forward the report to the Director.
a. Mandated Reporters are obliged to notify the Director of any potential allegations. Upon receiving the report, the Director will reach out to the Complainant to discuss next steps, including the option of involving law enforcement.
b. If a Complainant specifically asks that law enforcement be contacted, the Mandated Reporter will first inform the Director Civil Rights and Title IX Compliance, then immediately notify the appropriate authorities.
E. Anonymous Notice to Mandated Reporters
1. At the request of a Complainant, a Mandated Reporter may give the Director notice without identifying the Complainant. The Mandated Reporter cannot remain anonymous themselves.
2. If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Director on that assessment without revealing personally identifiable information.
3. Anonymous notices will be investigated by the Director to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notices typically limit the Director’s ability to investigate, respond, and provide remedies, depending on what information is shared.
4. When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Director. Mandated reporters may not be able to maintain requests for anonymity for Complainants who are minors, elderly, and/or disabled, depending on state reporting of abuse requirements. Consult with the Director in such situations.
5. Mandated Reporters who fail to report an incident of Prohibited Conduct of which they become aware, violate CCS policy and can be subject to disciplinary action for failure to comply/failure to report.
a. This also includes situations when a Respondent is a Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under the Policy.
F. Reporting options for a Complainant or third party (including parents/guardians when appropriate) seeking Confidential Resources only:
1. Confidential Resources
To enable Complainants to access support and resources without filing a Formal Complaint, CCS has designated specific employees as Confidential Resources. Those designated by the College as Confidential Resources are not required to report Prohibited Conduct in a way that identifies the Parties. They will, however, provide the Complainant with the Director’s contact information and offer options and resources without any obligation to inform an outside agency or CCS official unless a Complainant has requested the information be shared.
2. If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following:
a. On-campus licensed professional counselors and staff;
b. U-will, online telehealth platform for students and employees; or
c. Institutional counselors are available to help free of charge and may be consulted on an emergency basis during normal business hours.
3. In addition, Complainants may speak with individuals unaffiliated with the CCS without concern that the Policy will require them to disclose information to the institution without permission. Such individuals include:
a. Licensed professional counselors and other medical providers
b. Local rape crisis counselors
c. Domestic Violence resources
d. Local or state assistance agencies
e. Clergy/Chaplains
f. Attorneys
G. Confidential Employees, as defined in this policy, who receive reports within the scope of their confidential roles, will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful.
H. Time Limits on Reporting
1. There is no time limitation on providing Notice/Formal Complaints to the Director. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.
2. Acting on Notice/Formal Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Director’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.
IX. CONFIDENTIAL AND NON-CONFIDENTIAL RESOURCES
A. Supportive (Interim) Measures are available at CCS. Some of these are designated as Confidential Resources. Others provide support but may need to involve the Director of Civil Rights and Title IX or the Security Department.
1. Regardless of whether the College determines that Prohibited Conduct occurred, the College will offer resources or assistance to Complainants, Respondents, Witnesses, and other affected Community members after receiving notice of Alleged Prohibited Conduct. CCS will also assist those individuals in identifying and contacting external law enforcement agencies and community resources.
2. Confidential Resources and Non-Confidential Resources are generally available regardless of whether an individual reports, makes a Formal Complaint, participates in a resolution process under this Policy, whether the alleged conduct occurred outside the scope of this Policy, or whether the Complainant knows the specific identity of the Respondent.
B. The Director of Civil Rights and Title IX may, in their discretion, designate specific programs or events as confidential, under appropriate circumstances.
C. Non-Confidential Resources
Non-Confidential Resources are available to provide individuals with assistance, support, and additional information, but who are not designated as confidential and may have broader obligations to report information that is shared with them. Non-Confidential Resources will make reasonable efforts to respect and safeguard the privacy of the individuals involved. Privacy means that concerns about Prohibited Conduct will only be shared with CCS representatives for assessment, investigation, or resolution of the report or otherwise properly responding to issues raised; to the Security Department for crime statistics reporting; and to the extent required by law or court order.
D. Emergency Measures.
1. The College can act to remove a Student Respondent accused of Title IX Sexual Harassment from its Education Program or Activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any Student or other individual justifies removal.
a. This risk analysis is performed by the Director and may be done in conjunction with the Behavioral Intervention Team using its standard objective violence risk assessment procedures.
2. Students accused of other forms of Discrimination, Harassment, or Other Prohibited Conduct (not Sex-based) are subject to interim suspension, which can be imposed for safety reasons.
3. Employees are subject to existing procedures for interim actions and leaves.
X. AMNESTY
The CCS community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report alleged misconduct to CCS officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.
It is in the best interests of the CCS community that Complainants choose to report misconduct to CCS officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.
A. Amnesty for Minor Policy Violations
To encourage reporting and participation in the process, CCS offers Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by the College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.
1. Students
The College also maintains an amnesty policy for Students in addition to witnesses who offer help to others in need.
2. Employees
Sometimes, Employees are hesitant to report for fear that they may get in trouble themselves. The College may, at its discretion, offer Employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident.
XI. CLERY ACT COMPLIANCE AND TIMELY WARNINGS
If a report of Prohibited Conduct discloses a serious and immediate threat to the campus community, CCS Campus Safety and Security Department will issue a timely notification to protect the health or safety of the community as required by the Clery Act. The notification will not include identifying information about a Reporting Party.
Pursuant to the Clery Act and the 2019 Amendments to the Violence Against Women Act, anonymous statistical information regarding reported criminal incidents must be shared with the CSS Campus Safety and Security Department for inclusion in the Daily Crime Log. This information will also be included in the College’s Annual Security Report. CCS may also share aggregate and not personally identifiable data about reports, outcomes, and sanctions.
XII. PREVENTION AND AWARENESS TRAINING PROGRAMS
CCS provides training to students and employees on this Policy and topics and issues related to maintaining an education and employment environment free from harassment and discrimination. All employees are required to attend Title IX training as part of orientation and then complete an in-person online training annually.
The Director, Title IX Investigators, Title IX Case Managers and supporting Staff, and Title IX Hearing/Appeal Officers shall all receive training as required in the Title IX Regulations, including training on the definition of sexual harassment under the Title IX Regulations and this Policy, the scope of the College’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Additionally, Title IX Hearing/Appeal Officers shall receive training on any technology to be used at a hearing and on issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant. Title IX Investigators shall receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. All trainings shall be available on the Title IX website.
XIII. OBLIGATION TO PROVIDE TRUTHFUL INFORMATION
All CCS community members are expected to provide truthful information in any report or proceedings under this Policy. Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of Prohibited Conduct is prohibited and subject to disciplinary sanctions under the College’s Student Code of Conduct and disciplinary action under the appropriate employee disciplinary policy. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated.
XIV. EXTERNAL CONTACT INFORMATION
Concerns about the College’s application of the Policy and compliance with certain federal civil rights laws may be addressed to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline: (800) 421-3481
Facsimile: (202) 453-6012
TDD: (877) 521-2172
Email: OCR@ed.gov
XV. EFFECTIVE DATE
A. Effective Date: September 17, 2025
This Policy will become effective upon the date of approval by the President.
B. Date of Most Recent Review:
September 18, 2025
APPENDIX
PROCESS A
PROCESS A
COLLEGE FOR CREATIVE STUDIES PROCEDURES FOR ALLEGED VIOLATIONS OF ITS SEXUAL MISCONDUCT AND OTHER ACTS OF INTERPERSONAL VIOLENCE
(TITLE IX POLICY)
1. Overview
The College will act on any Notice/Formal Complaint of violation of the College for Creative Studies Sexual Misconduct and Other Acts of Interpersonal Violence Policy (“the Title IX Policy”), or the Policy on Preventing and Addressing Discrimination, Harassment and Retaliation that the Director of Civil Rights and Title IX Compliance (“the Director”) or any other Official with Authority receives. The College uses two sets of procedures, known as Process A and Process B. Process A is compliant with the federal Title IX regulations. It involves an investigation and live hearing, including cross-examination. It also includes an Informal Resolution option.
Process A is applicable to all Formal Complaints of Title IX Policy.
All other behaviors occurring off campus and/or outside of the College’s Education Program or Activity that are covered by the Policy are subject to resolution under Process B, which is less formal than Process A. Occasionally, a Formal Complaint will include conduct that falls within both Processes A and B. When that occurs, Process A will typically be used to address all allegations. The choice between applying Process A or B is solely at the Director’s discretion.
2. Notice/Complaint
Upon receipt of Notice or a Formal Complaint of an alleged Policy violation, the Director will initiate a prompt initial assessment to determine the College’s next steps. The Director will contact the Complainant to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.
3. Initial Assessment
The Director conducts an initial assessment, typically within five (5) business days of receiving Notice or a Formal Complaint. The initial assessment typically includes:
• Assessing whether the reported conduct may reasonably constitute a Policy violation
• Determining whether the reported conduct falls within the scope of the Policy
• Offering and coordinating supportive measures for the parties
• Notifying the Complainant, or the person who reported the allegation(s), of the available resolution options
• Determining whether the Complainant wishes to file a Formal Complaint
• Notifying the Respondent of the available resolution options if a Formal Complaint is made
4. Helping a Complainant Understand Resolution Options
If the Complainant indicates they wish to file a Formal Complaint, the Director will work with the Complainant to determine which resolution option they prefer. The Director will seek to abide by the Complaint’s wishes but may have to take another approach depending upon their assessment of the situation.
If the Formal Grievance Process is pursued, the Director will initiate an investigation.
If any party indicates that they want to pursue an Informal Resolution option, the Director will refer the matter to the appropriate individuals(s) if the Director determines Informal Resolution is available and the other Parties consent to participate. Informal Resolution cannot be used to resolve a Formal Complaint of Title IX Sexual Harassment involving an Employee Respondent and a Student Complainant.
If the Complainant does not want any action taken, the Director will consider that request. Typically, allegations of Student-on-Student and Employee-on-Employee misconduct will not prompt the Formal Grievance Process unless deemed necessary by the Director, though the Complainant can elect to pursue the formal process in the future. The Director may need to refer allegations of Employee-on-Student misconduct to the Formal Grievance Process regardless of the Complainant’s wishes, depending on the nature of the allegations.
The Director may consider elements such as patterns of behavior, predation, grooming behaviors, threats, violence, use of weapons, or involvement of minors in determining whether to sign a Formal Complaint.
5. Administrator Authority to Initiate a Complaint
The Director has ultimate discretion as to whether a Formal Complaint is made and may consult with appropriate CCS Employees, and/or conduct a violence risk assessment to aid their determination whether to sign a Formal Complaint on behalf of the Complainant.
If a Complainant is not participating or attempting to participate in the CCS’s Education Program or Activity at the time of making a Formal Complaint, they can request that the Director sign a Formal Complaint. When the Director signs a Formal Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged misconduct. If the Director declines to sign a Formal Complaint, alternative processes may be available and can be explored with the Director.
6. Collateral Misconduct
Collateral misconduct includes potential violations of other CCS policies that occur in conjunction with alleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be charged along with potential violations of the Policy, to be resolved jointly under these Procedures. In such circumstances, the Director may consult with other CCS officials who typically oversee such conduct (e.g., Human Resources, Student Conduct, Academic Affairs) to solicit their input as needed on what charges should be filed, but the exercise of collateral charges under these procedures is within the Director’s discretion. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the Student, Faculty, and Staff handbooks.
7. Dismissal (Mandatory and Discretionary)
a. The College must dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
i. The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment as defined above, even if proven;
ii. The Sex-based conduct did not occur in the College’s Education Program or Activity (including buildings or property controlled by recognized student organizations) and/or the College does not have control of the Respondent;
iii. The Sex-based conduct did not occur against a person in the United States and was not affiliated with any international CCS program such as study abroad programs; and
iv. The Complainant alleging Sex-based conduct is not participating in or attempting to participate in the CCS’s Education Program or Activity at the time of filing the Formal Complaint, and based on the available information, the Director has determined that they do not need to sign a Formal Complaint on behalf of the College.
b. The Director may dismiss a Formal Complaint or any allegations therein if at any time during the investigation or hearing:
i. A Complainant notifies the Director of Civil Rights and Title IX Compliance in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
ii. The Respondent is no longer enrolled in or employed by the College;
iii. Specific circumstances prevent the College from gathering sufficient evidence to reach a determination as to the Formal Complaint or allegations therein
c. A Complainant who decides to withdraw a Formal Complaint may later request to reinstate it or refile it.
d. Upon any dismissal, the Director will promptly and simultaneously send the parties written notice of the dismissal and the rationale for doing so.
e. This dismissal decision is appealable by any party. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.
f. When the Director has signed a Formal Complaint and later determines that the basis for signing is no longer compelling, the Director may rescind the Formal Complaint and notify the parties accordingly. This is not a dismissal, and there is no opportunity to appeal because the Complainant may still file a Formal Complaint if they wish to, in most circumstances.
g. A complaint that has been dismissed may still be referred to other relevant CCS departments if the conduct described constitutes a violation of additional CCS policies.
8. Appeal of Dismissal
The parties may appeal a decision to dismiss or not to dismiss their Formal Complaint. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal decision.
i. A dismissal may be appealed on the following grounds:
(1) A procedural irregularity affected the outcome of the matter;
(2) New evidence that was not reasonably available at the time the determination regarding dismissal was made, that could affect the outcome of the matter;
(3) The Director, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter; and
(4) The dismissal was erroneously granted or denied.
ii. The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more parties, the Director will share the request and supporting documentation with all other parties and provide three (3) business days for other parties and the Director to respond to the request. At the conclusion of the response period, the Director will forward the request, as well as any response provided by the other parties and/or the Director to the Dismissal Appeal Decision-maker for consideration.
(1) If the appeal request does not provide information that meets the grounds in the Policy, the Dismissal Appeal Decision-maker will deny the request, and the parties, their advisors, and the Director will be notified in writing of the denial and the rationale.
(2) If any of the asserted grounds in the appeal satisfy the grounds described in the Policy, then the Dismissal Appeal Decision-maker will notify all parties and their advisors, and the Director of their decision and rationale in writing. The effect will be to reinstate the Complaint.
iii. In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Decision-maker has seven (7) business days to review and decide on the appeal, though extensions can be granted at the Director’s discretion, and the parties will be notified of any extension.
iv. Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.
v. The Dismissal Appeal Decision-maker may consult with the Director and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Director will maintain documentation of all such consultations.
9. Emergency Removal/Interim Suspension of a Student
The College may remove a student accused of Title IX Policy violations emergently upon receipt of a Formal Complaint or at any time during the Formal Grievance Process.
a. Prior to an emergency removal, the College will conduct an individualized risk assessment and may remove the student if that assessment determines that an immediate threat to the physical health or safety of any student or other individual justifies removal.
b. When an emergency removal or interim suspension is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification.
c. Upon receipt of a challenge, the Director will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.
(1) This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or should be lifted.
(2) When this meeting is not requested within two (2) business days, objections to the emergency removal or interim suspension will be deemed waived.
(3) A student can later request a meeting to show why they are no longer an immediate threat because conditions related to the threat have changed.
(4) A Complainant and their Advisor may be permitted to participate in this meeting if the Director determines it is equitable for them to do so.
(5) The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Director for review.
d. An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Director will communicate the final decision in writing, typically within three (3) business days of the review meeting.
10. Placing Employees on Leave
When the Respondent is an Employee, or a Student-Employee accused of misconduct in the course of their employment, existing provisions in the Staff Handbook and Faculty Handbook for interim action are typically applicable instead of the above emergency removal process.
11. Counter-Complaints
The College is obligated to ensure that the Formal Grievance Process is not abused for retaliatory purposes. Although the College permits the filing of counter-complaints, the Director will use an initial assessment, described above, to assess whether the allegations in the counter-complaint are made in good faith. When counter-complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a Policy violation.
Counter-complaints determined to have been reported in good faith will be processed using the Formal Grievance Process. At the Director’s discretion, investigation of such claims may take place after resolution of the underlying initial Formal Complaint.
12. Advisors in the Formal Grievance Process
The parties may each have an Advisor of their choice present with them for all meetings, interviews, and hearings within the Formal Grievance Process, if they choose.
Choosing an Advisor who is also a witness in the process creates potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker.
a. Who Can Serve as an Advisor
i. The parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews, and hearings within the resolution process, including intake. The parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available. Parties have the right to choose not to have an Advisor in the initial stages of the Formal Grievance Process, prior to a hearing.
ii. The Director will offer to assign a trained Advisor to any party. If the parties choose an Advisor from the College’s Resolution Process Pool, the Director will have trained the Advisor and familiarize them with the College’s Formal Grievance Process. College-appointed advisors are employees of the college and are bound by rules of confidentiality. Therefore, they do not need to have a signed release.
iii. The College cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to advise that party. However, all institutionally appointed Advisors will be provided with similar training.
iv. If the parties choose an Advisor from outside the Resolution Process Pool, the Advisor may not have been trained by the College and may not be familiar with CCS’s policies and procedures.
(1) Any Advisor outside of the Resolution Process Pool will need to have a signed release from the Complainant/Respondent stating the Director can share all case information with the Advisor. Until that release is signed, the Director must not share any case information with that Advisor.
v. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Director with timely notification if they change Advisors.
(1) If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.
vi. The College may permit parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Director. The decision to grant this request is at the Director’s sole discretion and will be granted equitably to all parties.
vii. If a party requests that all communication be made through their attorney Advisor instead the College will agree to copy both the party and their Advisor on all communications.
b. Advisor’s Role in the Formal Grievance Process
i. Advisors should help the parties to prepare for each meeting or hearing and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.
ii. The parties are expected to respond to questions on their own behalf throughout the Formal Grievance Process. Although the Advisor generally may not speak on behalf of their advisee, except for conducting cross-examination during a hearing, the Advisor may consult with their advisee, either privately as needed,. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
iii. The Title IX Regulations require a form of indirect questioning during the hearing, which must be conducted by the Parties’ Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any questioning of the parties and witnesses.
c. Records Shared with Advisors
i. Advisors are entitled to the same opportunity as their advisee to receive copies of the Draft and Final Investigation Reports, as well as the Directly Related Evidence file. Parties will be asked to sign releases for the Director to share materials with an Advisor.
ii. Advisors are expected to maintain the confidentiality of the records the Director shares with them. The Director may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the college’s confidentiality expectations.
d. Advisor Expectations
i. The Director generally expects an Advisor to adjust their schedule to allow them to attend investigative meetings/interviews/hearings when planned, but the Director may change scheduled meetings/interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.
ii. The Director may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies as may be convenient and available.
iii. All Advisors are subject to the same CCS policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by the College. Advisors are expected to advise without disrupting proceedings.
e. Advisor Policy Violations
Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with the College’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including the College requiring the party to use a different Advisor or providing a different CCS-appointed Advisor. Subsequently, the Director will determine how to address the Advisor’s non-compliance and future role.
13. Resolution Options Overview
a. Formal Resolution Process
The Formal Grievance Process is the College’s primary resolution approach unless all parties and the Director agree to an Informal Resolution. The process considers the parties’ preferences but is ultimately determined at the Director’s discretion.
i. Resolution proceedings are private. All persons present at any time during a resolution process are expected to maintain the privacy of the proceedings in accordance with the Policy. If the privacy of the case is compromised, the Director will open an additional investigation to preserve the integrity of the case.
ii. There is an expectation of privacy around what Investigators share with parties during interviews and for any materials the institution shares with the Parties during the resolution process. The parties have discretion to share their own knowledge and evidence with others if they choose, except for information the parties agree not to disclose as part of an Informal Resolution. CCS encourages parties to discuss any sharing of information with their Advisors before doing so.
iii. The procedures for the Formal Grievance Process are described in Section 14.
b. Informal Resolution
To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Director at any time prior to a Final Determination, or the Director may offer the option to the parties. The Director will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution. To engage in Informal Resolution, a Complaint must first submit a Formal Complaint.
i. Three approaches to Informal Resolution are detailed in this section.
(1) Supportive Resolution. When the Director can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Supportive Resolution involves only the party who opts for it.
a. Most commonly offered once a Formal Complaint is filed (whereas supportive measures, as described in Section 9 of the Policy, are offered in response to Notice). The Director will meet with the Complainant to determine reasonable supports that are designed to restore or preserve the Complainant’s access to the College’s Education Program and Activity.
b. Such supports can be modified as the Complainant’s needs evolve over time or circumstances change.
c. If the Respondent has received the Notice of Investigation and Allegations, the Director may also provide reasonable support for the Respondent as deemed appropriate.
d. This option is available when the Complainant does not want to engage the other resolution options and the Director does not believe there is a need to sign a Formal Complaint.
e. At the discretion of the Director, this resolution option can result in an agreement between the Complainant and the College that does not require assent from any other party, as long as it does not unduly burden any other party or function punitively with respect to them.
(2) Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended sanction(s), and the Complainant(s) and the Director are agreeable to the resolution terms.
a. The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Formal Grievance Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Director will determine whether Informal Resolution is an option.
b. If Informal Resolution is available, the Director will determine whether all parties and the College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Director implements the accepted Finding that the Respondent is in violation of CCS Policy, implements agreed-upon restrictions and remedies, and determines any other appropriate responses in coordination with other appropriate administrator(s), as necessary.
c. This resolution is not subject to appeal once all parties indicate their written agreement to all resolution terms. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will either begin or resume.
d. When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the Discrimination or Harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.
(3) Alternative Resolution. When the parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.
a. The College offers a variety of alternative resolution mechanisms to best meet the specific needs of the parties and the nature of the allegations.
i. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction between the parties; indirect action by the Director or other appropriate CCS officials; and other forms of resolution that can be tailored to the needs of the parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue.
b. All parties must consent to the use of an alternative resolution approach, and the parties may, but are not required to, have direct or indirect contact during an alternative resolution process.
c. The Director has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.
d. Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Director will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.
e. The Director maintains records of any resolution that is reached and will provide notification to the parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Formal Grievance Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). Where the failure to abide by the Informal Resolution agreement terms results in a failure to remedy a Policy violation, the Director must consider whether to dissolve the agreement and reinstate the Formal Grievance Process to remedy the impact as required by law. The results of Formal Complaints resolved by alternative resolution are not appealable.
f. If an Informal Resolution option is not available or selected, the Director will initiate or continue an investigation and subsequent Formal Grievance Process to determine whether the Policy has been violated.
ii. It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution process at any time and initiate or resume the Formal Grievance Process.
iii. The parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Formal Grievance Process should Informal Resolution not be successful.
iv. If an investigation is already underway, the Director has discretion to determine if the investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.
v. Prior to engaging in Informal Resolution, the Director will provide the parties with written notice of the reported misconduct and any sanctions (only in the case of Accepted Responsibility) or measures that may result from participating in such a process, including information regarding any records that the Director will maintain and under which circumstances they may be released.
14. Formal Grievance Procedure Process
a. Notice of Investigation and Allegations (NOIA)
i. The Director will provide the parties written Notice of the Investigation and Allegations (the “NOIA”) upon commencement of the Formal Grievance Process. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.
ii. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the parties’ local or permanent address(es) as indicated in official CCS records, or emailed to the Parties’ CCS-issued email or other approved accounts. Once mailed, emailed, and/or received in-person, notice is presumptively delivered.
b. The NOIA will include:
• A meaningful summary of all allegations;
• The names of the parties involved (if known);
• The precise misconduct being alleged;
• The date and location of the alleged incident(s) (if known);
• The specific policies/offenses implicated;
• A description of, link to, or copy of the applicable procedures;
• A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a Final Determination that the Policy has been violated;
• The name(s) of the Investigator(s), along with a process to notify the Director of any conflict of interest that the Investigator(s) may have in advance of the interview process;
• A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all Relevant and Directly Related Evidence obtained;
• A statement of the potential sanctions/responsive actions that could result;
• A statement about the CCS’s policy on Retaliation;
• Information about process confidentiality;
• Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor;
• A statement informing the parties that the CCS’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Formal Grievance Process;
• Information about how a party may request disability accommodations or other support assistance during the Formal Grievance Process; and
• An instruction to preserve any evidence that is directly related to the allegations.
c. Investigations
i. Purpose
The Formal Grievance Process involves an objective evaluation of all Relevant Evidence obtained, including evidence that supports that the Respondent violated the Policy and evidence that supports that the Respondent did not violate the Policy. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written Investigation Report that accurately summarizes this evidence.
ii. All investigations are thorough, reliable, impartial, prompt, neutral, and fair. They involve interviewing all available, relevant parties and witnesses, obtaining Relevant Evidence, and identifying sources of expert information, as necessary.
iii. Investigation Process:
• Determining the names of and contacting all involved parties and potential witnesses to participate in an investigation interview;
• Identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the parties and witnesses;
• Providing written notification of the date, time, and location of all investigation meetings, including the expected participants and purpose;
• Conducting any necessary follow-up interviews with parties or witnesses;
• Providing the parties and witnesses an opportunity to verify the accuracy of either a summary or transcript of their interview(s);
• Soliciting the names of suggested witnesses and questions each party wishes to have asked of another party or witness;
• Writing a Draft Investigation Report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party and witness interviews, and provides all Relevant Evidence;
• Compiling a Directly Related Evidence File;
• Providing the parties and their respective Advisors an electronic or hard copy of the Draft Investigation Report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the Investigation does not intend to rely in reaching a determination, for a ten (10)-business-day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten (10) days.
• Incorporating any new, Relevant Evidence and information obtained through the parties’ review of the Draft Investigation Report and any follow-up meetings into the Final Investigation Report;
• Responding in writing (typically within the Final Investigation Report) to the relevant elements of the Parties’ responses to the Draft Investigation Report;
• Sharing the Final Investigation Report with the Director and/or legal counsel for their review and feedback; and
• Providing the Director with the Final Investigation Report and Directly Related Evidence File.
d. Investigation Interviews.
i. Witnesses who are CCS employees are strongly encouraged to cooperate with and participate in the College’s investigation and Formal Grievance Process.
ii. Student witnesses and witnesses from outside the CCS community are encouraged to cooperate with any CCS investigations and to share what they know about a Formal Complaint.
iii. Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx), or, in limited circumstances, by telephone. The Director will take appropriate steps to ensure the security/privacy of remote interviews.
iv. Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.
v. Interview Recording
(1) It is standard practice for Investigators to create a record of all interviews pertaining to the Formal Grievance Process, by recording, transcript, or written summary. All involved persons should be made aware that they are being recorded. The parties may review copies of their own interviews upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings.
(2) A summary will be prepared by the Investigator from the witness interviews and review of the recorded interview.
(3) After an interview, parties and witnesses will be asked to verify the accuracy of the summary of their interview. They may submit changes, edits, or clarifications. If the parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of summary will be deemed to have been waived, and no changes will be permitted.
e. Neither the investigation nor the hearing will consider:
i. Questions or evidence about the Complainant’s sexual predisposition;
ii. Questions or evidence about the Complainant’s prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the alleged conduct, or if the questions or evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent;
iii. Questions or evidence about a party or witness’s records that are made or maintained by a physician, psychologist, or psychiatrist unless the party or witness provides voluntary, written consent for the records to be considered;
f. The parties must provide all evidence to the Investigator(s) prior to completion of the Final Investigation Report. Evidence offered after that time will be evaluated by the Hearing Officer for relevance. If deemed relevant, the parties and Hearing Officer must agree to admit it into the record. If the evidence is deemed not relevant, the Hearing Officer may proceed with the hearing absent the new evidence.
i. The new Relevant Evidence will be admitted to the record if:
(1) All parties and the Hearing Officer assent to the new evidence being included in the hearing without remanding the Formal Complaint back to the Investigator;
(2) The evidence is not duplicative of evidence already in the record; and
(3) The new evidence was either not reasonably available prior to the conclusion of the Final Investigation Report, or the failure to provide it in a timely manner was not the result of bad faith by the parties, witnesses, or others.
ii. If the above criteria are not met, but the evidence is deemed materially relevant and not duplicative, the Hearing Officer may, at their discretion, engage in any of the following actions:
(1) Delay the hearing;
(2) Provide the parties with at least five (5) business days to review the Relevant Evidence;
(3) Remand the Formal Complaint back to the Investigator for further investigation or analysis;
(4) Allow the parties time to review and comment on the new evidence;
(5) If the evidence is deemed not relevant, the Hearing Officer may proceed with the hearing without allowing the new evidence.
g. Time Line
i. Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.
ii. The investigation may be briefly delayed, ranging from several days to a few weeks—if warranted by specific circumstances. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or health conditions. The College will promptly resume its Formal Grievance Process as soon as feasible. During such a delay, the Director will implement and maintain supportive measures for the parties as deemed appropriate.
iii. Criminal Charges
CCS action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.
15. Ensuring Impartiality
a. No individual materially involved in the administration of the Formal Grievance Process, including the Director, Investigator(s), and Decision-maker(s), may have or demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.
b. The Director will vet the assigned Investigator(s), Hearing Officer (s), and Appeal Officer (s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The parties may raise a concern regarding bias or conflict of interest at any time during the Formal Grievance Process, and the Director will determine whether the concern is reasonable and supportable. If so, another Pool member, or other trained individual, will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Director, concerns should be raised with the Assistant Vice President of Campus Life.
16. Referral for Hearing
a. Provided that the Formal Complaint is not resolved through Informal Resolution, once the Final Investigation Report is shared with the parties, the Director will refer the matter for a hearing.
b. The hearing cannot be held less than ten (10) business days from the conclusion of the investigation – when the Final Investigation Report is transmitted to the parties and the Decision-maker – unless all Parties and the Decision-maker agree to an expedited timeline.
c. The Director will select an appropriate Decision-maker from the Pool and provide a copy of the Final Investigation Report and the file of Directly Related Evidence.
17. Hearing Officer – Neutral Decision-maker
a. Hearing Officer (Neutral Decision-maker) will not have had any previous involvement with the Formal Complaint. The Director may elect to have an alternate from the Pool sit in throughout the hearing process if a substitute is needed for any reason.
b. Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as Hearing Officers. Those who are serving as Advisors for any party may not serve as Hearing Officers in that matter.
c. The Director of Civil Rights and Title IX Compliance may not serve as a Hearing Officer in the matter but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter does not create a conflict of interest. Otherwise, a designee, such as case manager or hearing coordinator may fulfill the facilitator role. The hearing will be convened at a time and venue determined by the Director.
d. Conflicts of Interest or Bias.
i. The Decision-maker must not have a bias for or against Complainants or Respondents generally or the individual Complainant or Respondent involved in the Formal Complaint.
ii. The Decision-maker must recuse themselves if such bias or conflict of interest exists.
iii. If the Decision-maker believes there is possible conflict of interest or bias, they will consult with the Director about possible recusal or removal.
iv. The Parties may raise challenges that the Decision-maker is biased or has a conflict of interest. The Parties must raise challenges with the Director within two (2) business days of receiving the hearing notice.
(1) The Director will only remove and replace a Decision-maker in situations of demonstrated bias or conflicts of interest. Perceptions of bias or conflict are not sufficient to cause removal.
(2) If a Decision-maker recuses themselves as the result of a conflict of interest or bias, or is removed, the Director will promptly appoint a new Decision-maker who does not have a conflict of interest or bias and notify the parties accordingly.
18. Live Hearing Requirements
a. Hearing Notice
i. The Director will send the parties a notice of hearing letter no less than ten (10) business days prior to the hearing. Once mailed, emailed, and/or received in-person, notice is presumptively delivered. The notice includes:
ii. A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result
iii. The time, date, and location of the hearing
iv. A description of any technology that will be used to facilitate the hearing
v. Relevant information regarding hearing logistics, pre-hearing meetings, the Final Investigation Report, the parties and witnesses participating in the hearing, the identity of the Hearing Officer, details related to questioning, the role of Advisors, impact/mitigation statements, and how to request disability accommodations or other assistance
b. The Hearing Officer or the Case Manager/Scheduling Coordinator will offer to convene pre-hearing meeting(s) with the parties and their Advisors to familiarize them with the hearing process and invite them to submit the questions or topics they wish to ask or discuss at the hearing. This allows the Hearing Officer to consider their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or to provide recommendations for more appropriate phrasing.
i. However, this advance review opportunity does not preclude the Advisors from asking a question for the first time at the hearing or from asking for a reconsideration of a Hearing Officer’s pre-hearing decision based on any new information or testimony offered at the hearing. The Hearing Officer will consider arguments that evidence identified as relevant in the Final Investigation Report is, in fact, not relevant. Similarly, evidence identified by the Investigator(s) as directly related but not relevant may be argued to be relevant. The Hearing Officer will document and share their rationale for any evidence or question exclusion or inclusion, if any, at a pre-hearing meeting with each party.
ii. The Hearing Officer or the Case Manager/Scheduling Coordinator will work with the parties to finalize a witness list for the hearing, and the Director will notify any witnesses of the hearing’s logistics. The Hearing Officer, only with the agreement of all parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the Final Investigation Report or during the hearing, and their presence is not essential to assess their credibility.
iii. Pre-hearing meeting(s) will not be recorded. The pre-hearing meetings will typically be conducted as separate meetings with each party/Advisor, and can be done remotely, or as a written communication exchange. The Hearing Officer or the Case Manager/Scheduling Coordinator will work with the parties to establish the format and timing of the meetings and will circulate a summary of any rulings made to ensure all parties and advisors are aware.
iv. During the pre-hearing meeting, and live hearing, parties may only be accompanied by their Advisor. No other persons (e.g., additional support persons, advisors, friends, family) may accompany, attend, or listen in on the hearing unless explicitly authorized by the Director, with each party being provided the same opportunity.
c. Evidence provided to the Hearing Officer and parties.
i. The Hearing Officer will be provided electronic copies of the Final Investigation Report and all relevant but not impermissible evidence, including the names of all parties, witnesses, and Advisors, at least ten (10) business days in advance of the hearing.
ii. The parties will be provided with electronic copies of all the materials provided to the Hearing Officer as part of the hearing notice, unless those materials have already been provided.
d. Witness Participation
i. Witnesses are encouraged to participate in, and make themselves reasonably available for, the hearing. They may participate in-person or via video technology that allows the Hearing Officer and the parties to see and hear the witness while that person is speaking.
(1) Witnesses are not permitted to be accompanied by an Advisor without the Director’s express permission. At the discretion of the Hearing Officer, a witness may participate by phone if no other reasonable alternative is available.
ii. The Director will notify all witnesses of their requested participation in the hearing at least five (5) business days prior to the hearing. Witnesses will be present for the hearing only during their testimony.
iii. If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Director may reschedule the hearing.
iv. Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless:
(1) All parties and the Hearing Officer assent to the new witness’s participation in the hearing without remanding the Formal Complaint back to the Investigator,
(2) The Hearing Officer deems the evidence presented by the new witness to be relevant and not information already established in the record, and
(3) The witness’s late involvement was not the result of bad faith by the witness, the parties, or others.
(4) If the above criteria are not met, but the witness’s evidence is deemed relevant and not duplicative, the Hearing Officer may, at their discretion, engage in any of the following actions:
a. Delay the hearing
b. Provide the parties with at least five (5) business days to review the relevant portions of the new witness’ statements, if such statements are submitted
c. Remand the Formal Complaint back to the Investigator for further investigation or verification
d. Allow the parties to review and comment on the testimony of the new witness
e. If the evidence is deemed not relevant, the Hearing Officer may proceed with the hearing absent the new witness’s participation.
e. The following provisions apply to a live hearing:
• Hearing Venue Options and Recordings. The live hearing will be via video technology. The Hearing Officer and parties must be able to simultaneously see and hear a party or witness while that person is speaking. Both options are considered fair and equitable. Alternative arrangements including a live hearing may also be made at the Director’s discretion.
• The Parties may make a request to the Director that the hearing be held in person or via video technology, but they must do so at least three (3) business days prior to the hearing. The Director retains discretion to determine whether the hearing will occur in person or via video technology.
• All hearings will be recorded, and parties may request a copy of the recording from the Administrator following the live hearing.
• No unauthorized recordings are permitted.
• The College may use AI technology to assist in the preparation of a transcript of the recording of the hearing. The AI will preserve the confidentiality of the process.
• Hearing Participants. Persons who may be present for a hearing include the Hearing Officer, hearing facilitator, Investigator(s), the Parties and their Advisors, anyone providing authorized accommodations, interpretation, and/or assistive services, and anyone else deemed necessary by the Hearing Officer. Witnesses are present only during their portion of the testimony.
• Advisors. The parties may have the assistance of an Advisor of their choice at the hearing or can request that the College appoint a trained Advisor for them. Appointed Advisors are not attorneys. If a party wishes to have an attorney as their Advisor, they must locate and pay for that attorney themselves.
• Parties and Advisors may be requested to turn off their phones and acknowledge, if the hearing is being held remote, that they are alone with no other persons present in their location.
f. Scheduling. Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to the Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term, including during the summer, as needed, to meet the College’s resolution timeline and ensure a prompt resolution. Employees, including parties and witnesses, who do not have 12-month contracts are still expected to participate in Formal Grievance Processes that occur during months between contracts.
g. Disability Accommodations and Other Assistance. Parties should contact the Director at least three (3) business days prior to the hearing to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, if possible.
h. Introductions and Hearing Procedure Explanation
i. The Hearing Officer will:
(1) Explain the hearing procedures;
(2) Introduce the participants;
(3) Answer any procedural questions prior to and as they arise throughout the hearing;
i. Investigator Presentation of Final Investigation Report
The Investigator(s) will present a summary of the Final Investigation Report, including a review of the facts that are contested and those that are not. The Investigator may be questioned first by the Hearing Officer and then by the parties through their Advisors. The Investigator may attend the duration of the hearing or be excused after their testimony at the Hearing Officer’s discretion.
j. Testimony and Questioning
The parties and witnesses may provide relevant information in turn, beginning with the Complainant’s opening statement, then the Respondent’s, and then questioning in the order determined by the Hearing Officer. The Hearing Officer will facilitate questioning of the parties and witnesses first by the Hearing Officer and then by the parties through their Advisors.
i. All questions are subject to the Hearing Officer’s relevance determination. The Advisor will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted). The proceeding will pause to allow the Hearing Officer to consider the question (and state it if it has not already been stated aloud), and the Hearing Officer will determine whether the question will be permitted, disallowed, or rephrased. The Hearing Officer will explain any decision to exclude a question as not relevant, or to reframe it for relevance.
ii. The Hearing Officer will limit or disallow questions they deem not appropriate on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), seek or pertain to impermissible evidence, or are abusive and has the final say on all questions and relevance determinations. The Hearing Officer may consult with legal counsel on any admissibility questions.
iii. If the parties raise an issue of bias or conflict of interest of an Investigator or Hearing Officer at the hearing, the Hearing Officer may elect to address those issues, consult with legal counsel, refer them to the Director, and/or preserve them for appeal. If bias is not an issue at the hearing, the Hearing Officer should not permit irrelevant questions that probe for Investigator bias.
k. Refusal to Submit to Questioning and Inferences
i. Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. The Hearing Officer can only rely on the available Relevant Evidence in making a Final Determination. The Hearing Officer may not draw any inference solely from a party’s or witness’ absence from the hearing or refusal to answer any or all questions. Typically, after brief opening statements, the order of questioning will be questions from the Hearing Officer, questions from the party’s own Advisor, then questions from the other parties’ Advisors. The same order will be used for questioning witnesses, who do not typically make opening statements. The parties then make brief closing statements, and then the hearing transitions into closed session for deliberation.
ii. An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared.
l. Advisor’s Role During the Hearing.
i. all questions that a party wishes to ask must be posed by the Advisor, not the Parties;
ii. If the party does not have an Advisor, the Director will provide the party with an Advisor for the purpose of Advisor-conducted questioning.
m. Evidentiary Considerations
i. The Investigator(s) and the Hearing Officer (s) will only consider Relevant or Directly Related Evidence.
ii. Within the boundaries stated above, the investigation and the hearing can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.
iii. Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.
n. The Director may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondent(s), when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.
o. Impact Statements. Each party may submit an impact and/or mitigation statement to the Director that the Decision-maker will review during any sanction determination.
i. Upon receipt of an impact and/or mitigation statement, the Director will review the impact/mitigation statement to determine whether any immediate needs exist (i.e. homelessness, suicidal thoughts, or threats of violence).
ii. The Director will only provide the impact statements to the Decision-maker if the Hearing Officer determines that the Policy has been violated. When the Director shares the impact statements with the Hearing Officer, they will also be shared with the Parties.
19. Collateral Misconduct
The Hearing Officer has the authority to hear and make determinations on all allegations of Discrimination, Harassment, Retaliation, and Other Prohibited Conduct under the Policy and may also hear and make determinations on any additional alleged collateral misconduct that occurred in concert with the Discrimination, Harassment, Retaliation, or Other Prohibited Conduct, even though those collateral allegations may not specifically fall within the Policy.
20. Joint Hearings
In Complaints involving more than one Respondent and/or involving more than one Complainant accusing the same person of substantially similar conduct, the default procedure will be to hear the allegations jointly.
However, the Director may permit the investigation and/or hearings pertinent to each Respondent or Formal Complaint to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent and/or for each Formal Complaint with respect to each alleged policy violation.
21. Hearing Recordings
a. The College records hearings (but not deliberations) for purposes of review in the event of an appeal. No unauthorized audio or video recording of any kind is permitted during the hearing.
b. The Hearing Officer, the parties, their advisors, Appeal Hearing Officers, and other appropriate CCS officials will be permitted to review the recording or review a transcript of the recording upon request to the Director. No unauthorized disclosure, including sharing, copying, or distribution of the recording or transcript, is permitted.
22. Deliberation and Determination
a. After closing statements from the parties, the Hearing Officer will deliberate in closed session to determine whether the Respondent is responsible for the alleged Policy violation(s) based on the standard of evidence. If a panel is used, a simple majority vote is required to determine the Finding. Deliberations are not recorded.
b. The Hearing Officer will then prepare a written statement detailing all Findings and Final Determinations, the rationale(s) explaining the decision(s), the evidence used in support of the determination(s), the evidence not relied upon in the determination(s), any credibility assessments, and any sanction(s) and rationales explaining the sanction(s) and will deliver the statement to the Director.
c. This statement must be submitted to the Director within twenty (20) business days of the end of deliberations unless the Director grants an extension. If an extension is granted, the Director will notify the parties.
23. Notice of Outcome
a. When there is a Finding of responsibility on one or more of the allegations, the Hearing Officer may make a recommendation for sanctions or the continuation of supportive measures, including consideration of any party impact and/or mitigation statement(s) for these recommendations.
b. The Hearing Officer will also review any pertinent conduct history provided by the CCS Student Affairs or the Human Relations Office in regard to the appropriate sanction(s) in consultation with other appropriate administrators, if required.
c. The Director will provide the sanctioning authority with Notice of the Hearing Final Determination and a copy of any Impact or Mitigating Statements submitted by the Parties.
i. Where the Student is the Respondent, the sanctioning authority lies with the Office of Student Affairs in consultation with the Director and legal counsel as appropriate.
ii. Where a Faculty Member is the Respondent, the sanctioning authority lies with the Human Relations Office in consultation with the Director and legal counsel as appropriate.
iii. Where an Employee is the Respondent, the sanctioning authority lies with the Office of Student Affairs in consultation with the Director and legal counsel as appopriate.
d. The Director will provide the parties with a written outcome notification within ten (10) business days of the conclusion of the Formal Grievance Process, which concludes with the sanctioning authority’s imposition of the sanction. The outcome notification will specify the Finding for each alleged Policy violation, any sanction(s) that may result, which the College is permitted to share pursuant to federal or state law, and a detailed rationale, written by the Hearing Officer, supporting the Findings to the extent the College is permitted to share under federal or state law.
e. If the Hearing Officer does not find a violation of any CCS Policy, the Director will provide the parties with a written outcome notification within ten (10) business days of the conclusion of the Formal Grievance Process, which in this case concludes with the Hearing Officer issuing the Final Determination.
f. The notification will also detail the parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals.
g. The Director will provide the parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the parties’ local or permanent address as indicated in official Recipient records, or emailed to the parties’ CCS-issued or other approved email account. Once mailed, emailed, and/or received in person, the outcome notification is presumptively delivered.
24. Sanctions.
a. Factors the sanctioning authority may consider when determining sanctions and responsive actions include, but are not limited to:
i. The nature, severity of, and circumstances surrounding the violation(s);
ii. The Respondent’s disciplinary history;
iii. The need for sanctions/responsive actions to bring an end to the Policy violations;
iv. The need for sanctions/responsive actions to prevent the future recurrence of Policy violations;
v. The need to remedy the effects of the Policy violation on the Complainant and the community;
vi. The impact on the Parties;
vii. The Respondent’s acknowledgement of responsibility or contrition;
viii. Any other information deemed relevant by the sanctioning authority.
ix. The sanctions will be implemented as soon as is feasible once a Determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.
b. The sanctions described in the Procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.
i. Student Sanctions
The following are the common sanctions that may be imposed upon students singly or in combination:
(1) Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any CCS policy, procedure, or directive will result in more severe sanctions/responsive actions
(2) Required Counseling: A mandate to meet with and engage in either Recipient-sponsored or external counseling to better comprehend the misconduct and its effects
(3) Restrictions: A student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or holding leadership roles in student organizations
(4) Probation: An official sanction for violation of CCS policy, providing for more severe disciplinary sanctions if the student is found in violation of any CCS policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
(5) Suspension: Separation from the College, or one or more of its facilities, for a defined period of time, typically not to exceed two (2) years, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the student is eligible to return if the College determines it is appropriate to re-enroll/readmit the student.
a. The student is typically required to vacate CCS property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Director or other appropriate official.
b. During a college-wide suspension, the student is banned from CCS property, functions, events, and activities unless they receive prior written approval from an appropriate CCS official. This sanction may be enforced with a trespass action, as necessary. This sanction may be noted as a Disciplinary Suspension on the student’s official academic transcript, per CCS policy and/or state law.
(6) Expulsion: Permanent separation from the College. The student is banned from CCS property, and the student’s presence at any CCS-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary. This sanction may be noted as Disciplinary Expulsion on the student’s official academic transcript, per CCS policy and/or state law.
(7) Withholding Diploma: The College may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for violating the Policy
(8) Revocation of Degree: While very rarely exercised, the College reserves the right to revoke a degree previously awarded by the College for fraud, misrepresentation, and/or other violation of CCS policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation
(9) Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate
ii. Student Organization Sanctions
The following are the common sanctions that may be imposed upon student groups organizations singly or in combination:
(1) Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any CCS policy, procedure, or directive will result in more severe sanctions/responsive actions
(2) Probation: An official sanction for violation of CCS policy, providing for more severe disciplinary sanctions if the group or organization is found in violation of any CCS policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social and event privileges, denial of CCS funds, ineligibility for honors and awards, restrictions on new member recruitment, no-contact orders, and/or other measures deemed appropriate.
(3) Suspension: Termination of student group or organization recognition and/or CCS support for a defined period of time not to exceed two (2) years and/or until specific criteria are met. During the suspension period, a student group or organization may not conduct any formal or informal business or participate in CCS-related activities, whether they occur on or off campus. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the Director.
(4) Termination: Permanent termination of student group or organization recognition and revocation of the privilege to congregate and conduct business on campus as an organization for any reason
(5) Loss of Privileges: Restricted from accessing specific CCS privileges for a specified period of time
(6) Other Actions: In addition to, or in place of, the above sanctions, the Director may assign any other sanctions as deemed appropriate
iii. Employee Sanctions/Responsive/Corrective Actions
Responsive actions for an Employee who has engaged in Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct include:
(1) Verbal or Written Warning
(2) Performance Improvement Plan/Management Process
(3) Enhanced Supervision, Observation, or Review
(4) Required Counseling
(5) Required Training or Education
(6) Probation
(7) Denial of Pay Increase/Pay Grade
(8) Loss of Oversight or Supervisory Responsibility
(9) Demotion
(10) Transfer
(11) Shift or schedule adjustments
(12) Reassignment
(13) Delay of (or referral for delay of) Tenure Track Progress
(14) Assignment to a New Supervisor
(15) Restriction of Stipends, Research, and/or Professional Development Resources
(16) Suspension/Administrative Leave with Pay
(17) Suspension/Administrative Leave without Pay
(18) Termination
(19) Other Actions: In addition to, or in place of, the above sanctions/responsive actions, the Director may assign any other responsive actions as deemed appropriate
25. Resolution Timeline
a. The College will make a good faith effort to complete the Formal Grievance Process within ninety (90) business days, excluding any appeals, which the Director can extend as necessary for appropriate reasons. The parties will receive regular updates on the progress of the Formal Grievance Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.
b. It shall not be grounds for appeal, or a procedural irregularity, that the resolution process is not concluded within ninety (90) days. Many factors can impact the timeline for the Resolution Process including, for example, unavailability of witnesses for interviews, unavailability or scheduling conflicts of advisors, re-opening of the Investigation for new evidence, school breaks, leaves of absence, and other causes.
26. Withdrawal or Resignation Before Complaint Resolution
a. Students
Should a Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If a Student Respondent withdraws from the College, the Formal Grievance Process typically ends with a dismissal, as the College has lost primary disciplinary jurisdiction over the withdrawn student. However, the College may continue the Formal Grievance Process when, at the discretion of the Director, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Policy violation.
Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Policy violation.
When a student withdraws or takes a leave of absence while the process is pending, the Student may not return to the College in any capacity until the Formal Complaint is resolved and any sanctions imposed are satisfied. If the student indicates they will not return, the Director has the discretion to dismiss the Formal Complaint and bar the student from returning. The Registrar, Office of Student Affairs, and HR will be notified accordingly.
If the Student Respondent takes a leave of absence for a specified period of time (e.g., one semester or term), the Formal Grievance Process may continue remotely. If found in violation, that student is not permitted to return to the College unless and until all sanctions, if any, have been satisfied.
b. Employees
Should an Employee Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If an Employee Respondent leaves their employment with the College with unresolved allegations pending, the Formal Grievance Process typically ends with dismissal, as the College has lost primary disciplinary jurisdiction over the former Employee. However, the College may continue the Formal Grievance Process when, at the discretion of the Director, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.
Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Policy violation.
When an Employee resigns and the Formal Complaint is dismissed, the employee may not return to the College in any capacity. The CCS HR department will be notified accordingly. A note will be placed in the employee’s file that they resigned with allegations pending and are not eligible for rehire with the College. The records retained by the Director will reflect that status.
27. Appeal of the Final Determination
The Director will designate an Appeal Decision-maker from the pool, or other trained internal or external individuals, to hear the appeal. No Appeal Decision-maker will have been previously involved in the Formal Grievance Process for the Formal Complaint. If a panel is used, the Director will designate a voting chair.
a. Appeal Grounds
Appeals are limited to the following grounds:
i. A procedural irregularity affected the outcome of the matter;
ii. There is new demonstrable evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter;
iii. The Director, Investigator(s), or Hearing Officer(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.
b. Appeal Request
Any party may submit a written appeal request to the Director within five (5) business days of the delivery of the notice of outcome.
The appeal request will be forwarded to the Appeal Officer for consideration to determine if the request meets the appeal grounds (a Review for Standing). This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.
If the appeal request does not provide information that meets the grounds in the Procedures, the request will be denied by the Appeal Officer, and the parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.
If any of the information in the appeal request meets the grounds in the Procedures, then the Appeal Officer will notify all parties and their Advisors, the Director, and, when appropriate, the Investigator(s) and/or the original Hearing Officer.
i. All other parties and their Advisors, the Director, and, when appropriate, the Investigator(s) and/or the Hearing Officer will be provided a copy of the appeal request with the approved grounds and then be given ten (10) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Officer will forward all responses, if any, to all Parties for review and comment.
ii. The non-appealing party (if any) may also choose to appeal at this time. If so, that appeal request will be reviewed by the Appeal Officer to determine if it meets the grounds in the Procedures and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Director, and the Investigator(s) and/or original Decision-maker, as necessary, who will submit their responses, if any, within ten (10) business days. Any such responses will be circulated for review and comment by all parties. If denied, the parties and their Advisors will be notified in writing.
iii. No party may submit any new appeal request after this time period. The Appeal Officer will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Appeal Officer, who will promptly render a decision.
c. Appeal Determination Process
In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Officer will deliberate as soon as is practicable and discuss the merits of the appeal.
Appeal decisions are to be deferential to the original determination, making changes to the Finding/Final Determination only if there is a compelling justification to do so. All decisions are made by majority vote and apply the preponderance of the evidence OR the clear and convincing standard of evidence.
An appeal is not an opportunity for the Appeal Officer to substitute their judgment for that of the original Hearing Officer merely because they disagree with the Finding and/or sanction(s).
The Appeal Officer may consult with the Director and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Director will maintain documentation of all such consultation.
d. Appeal Outcome
An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Hearing Officer with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Hearing Officer or the Director (as in cases of bias), the Appeal Officer may order a new investigation and/or a new hearing with new pool members serving in the Investigator and Hearing Officer roles.
A notice of appeal outcome letter will be sent to all parties simultaneously, or without significant time delay between notifications. The appeal outcome letter will specify the Finding on each appeal ground, any specific instructions for remand or reconsideration, all sanction(s) that may result which the College is permitted to share according to federal or state law, and the rationale supporting the essential Findings to the extent the College is permitted to share under federal or state law.
Written notification may be delivered by one or more of the following methods: in person, mailed to the parties’ local or permanent address as indicated in official institutional records, or emailed to the parties’ CCS-issued email or other approved account. Once mailed, emailed, and/or received in person, the appeal outcome letter will be presumptively delivered.
Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final.
e. Sanction Status During the Appeal
Any sanctions imposed as a result of the Final Determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.
If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the procedure discussed in regarding Emergency Removal/Interim Suspension of a Student shall be followed.
28. Long-Term Remedies/Other Actions
Following the conclusion of the Formal Grievance Process, and in addition to any sanctions implemented or Informal Resolution terms, the Director may implement additional long-term remedies or actions with respect to the Parties and/or the CCS community that are intended to stop the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct, remedy the effects, and prevent recurrence.
These remedies/actions may include, but are not limited to:
• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Policy modification and/or training
• Provision of transportation assistance
• Implementation of long-term contact limitations between the parties
• Implementation of adjustments to academic deadlines, course schedules, etc.
At the Director’s discretion, the Parties may be provided certain long-term support or measures even if no Policy violation is found.
When no Policy violation is found, the Director will address any remedies the College owes the Respondent to ensure no effective denial of educational access.
The Director will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the College’s ability to provide these services.
29. Failure to Comply with Sanctions and/or Responsive Actions
All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Hearing Officer, including the Appeal Officer or the Informal Resolution agreement.
Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the College.
Supervisors are expected to enforce completion of sanctions/responsive actions for their employees.
A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Director’s satisfaction.
30. Recordkeeping
For a period of at least seven (7) years following the conclusion of the Formal Grievance Process, the College will maintain records of:
a. Each Discrimination, Harassment, Retaliation, and Other Prohibited Conduct Formal Grievance Process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation;
b. Any disciplinary sanctions imposed on the Respondent;
c. Any supportive measures provided to the parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to the College’s Education Program or Activity;
d. Any appeal and the result therefrom;
e. Any Informal Resolution and the result therefrom;
f. All materials used to train the Director of Civil Rights and Title IX Compliance and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitators, and any person who is responsible for implementing the College’s resolution processes. CCS will make these training materials publicly available on CCS’s website;
g. Any other actions taken in response to a report or Formal Complaint including:
i. The basis for all conclusions that the response was not deliberately indifferent;
ii. Any measures designed to restore or preserve equal access to the CCS’s Education Program or Activity; and
iii. CCS will also maintain any and all records in accordance with federal and state laws.
31. Disability Accommodations
CCS is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the College’s resolution processes.
Anyone needing such accommodations or support should contact the Director, who will work with disability support as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.
32. Other Support
CCS will address other reasonable requests for support for the parties and witnesses, including:
• Language services/Interpreters
• Access and training regarding use of technology throughout a resolution process
• Other support as deemed reasonable and necessary to facilitate participation in a resolution process
Process A is applicable to all Formal Complaints of that fall withing the scope of CCS’ Title IX Policy. If the Formal Complaint involves violations of the Title IX Policy and the Policy on Preventing Discrimination, Harassment, and Retaliation, the Director has the option to follow the Formal Grievance Process outlined in Process A or B in the Director’s sole discretion.
33. <<Resolution Process Pool>>
The Recipient relies on a pool of individuals <<(“the Pool”)>> to carry out the resolution options.
a. <<Pool>> Member Roles
<<Pool>> members are trained annually, and can serve in any of the following roles at the Administrator’s discretion:
• Appropriate intake of and initial guidance pertaining to Formal Complaints
• Perform or assist with initial assessment
• Advisor to Parties
• Informal Resolution Facilitator
• Investigator
• Hearing Facilitator
• Decision-maker
• Appeal of Dismissal Decision-maker
• Appeal Decision-maker
b. <<Pool>> Member Appointment
The Administrator [, in consultation with senior administrators as necessary,] appoints the <<Pool>>, which acts with independence and impartiality. Although members of the <<Pool>> are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different Formal Complaints, the Recipient can also designate permanent roles for individuals in the <<Pool>>.
c. [<<Pool>> Member Training (See training materials posted online)]