Either party may request to present their case outside the physical presence or line of sight of the other party. Every effort will be made to accommodate such requests. Either party wishing to make a request for special accommodations must submit in writing their request at least 48 business hours prior to the hearing to the Title IX Coordinator and Dean of Students (or designee). Some examples of special accommodations are the use of telephone hearings and/or skype. Further, either party may petition to present their case by proxy at least 48 business hours prior to the hearing. The University, however, cautions parties that using a proxy may lead to a party not being able to fully respond to questions presented by the hearing panel or other issues brought up in the hearing. A party's proxy may not be legal counsel or their faculty/staff advocate.
Following the hearing, the decision of whether a policy violation has occurred will be determined by using a preponderance of the evidence standard. A finding of a policy violation by a preponderance of the evidence, which differs from the legal process without a reasonable doubt, means that it is more likely than not that, the policy violation occurred. If, following the hearing, the decision is that no policy violation has occurred the process will end. Regardless of the outcome, the complainant, the respondent, and the Title IX Coordinator will be notified of the finding in writing once the charge letter is generated. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of notification. If a student is found in violation of University policy, the hearing board will assess appropriate disciplinary sanctions after consultation with the Title IX Coordinator and Dean of Students (or designee). The Dean of Students (or designee) will notify the respondent, the complainant, and the Title IX Coordinator in writing of the Dean of Students' decision. PLEASE NOTE: To ensure all things are considered, some sanctions might take up to 7 business days to fully define and to determine the parameters of the particular sanction given.
Should a responding student decide to withdraw from the University and/or not participate in the investigation and/or hearing, the process will nonetheless proceed in the student's absence to a reasonable resolution and that student will not be permitted to return to the University unless any and all sanctions have been satisfied. The Title IX Coordinator will continue to act to promptly and effectively remedy the effects of the conduct upon the complainant and the community.
Sanctions for a student who has violated Standards of Conduct, may include, but are not limited to, verbal or written warning, required educational program, social probation, suspension, and expulsion.
Upon receipt of the investigative report, the Title IX Coordinator will determine if this policy has been violated by using a preponderance of the evidence standard. A finding of a policy violation by a preponderance of the evidence means that it is more likely than not that, the policy violation occurred. If the Title IX Coordinator decides that no policy violation has occurred, then the process will end. Regardless of the outcome, the complainant and the respondent will be notified of the finding in writing. The respondent's department head/director, Dean, Vice President, and the President will also be notified of the finding.
In the event that the employee violated University policy, the Vice President will determine appropriate disciplinary sanctions based on the recommendation from the Title IX Coordinator. Regardless of the outcome, the complainant, the respondent, and the Title IX Coordinator will be notified in writing of the outcome within fifteen working days of the date of the notice from the Title IX Coordinator. If the Vice
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