Determination of Responsibility

1. Standard of Proof

The Decision-Maker will conclude that a Party is responsible for violating the Title IX Policy if a preponderance of the evidence establishes the violation alleged in the Formal Complaint. To meet the preponderance of the evidence standard, the evidence presented must establish for a reasonable person that it is more likely than not that a violation of the Title IX Policy occurred and the Respondent engaged in Covered Sexual Harassment towards the Complainant. 

2. Components of the Determination of Responsibility 

The Decision-Maker will issue the written Determination of Responsibility simultaneously to all Parties, the Title IX Coordinator, the Investigator and other appropriate persons by mail to their institution email account, or other reasonable means. The Determination of Responsibility will include:

a. Identification of the allegations in the Formal Complaint which potentially constitute covered sexual harassment; 

b. A description of the procedural steps taken by the University from the receipt of the Formal Complaint through the Determination of Responsibility, including notifications to the Parties, interviews with Parties and witnesses, methods used to gather other evidence, information about the Live Hearing that was held and other steps taken in the investigation of the Formal Complaint; 

c. The findings of fact supporting the Determination of Responsibility; 

d. The conclusions regarding which section of this Title IX Grievance Procedure, if any, the Respondent has or has not violated. 

e. For each allegation: 

i. A statement of, and rationale for, a determination regarding responsibility; 

ii. A statement of, and rationale for, any disciplinary sanctions which will be imposed on the Respondent; and 

iii. f. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided to the Complainant; and The procedures and the permitted reasons for the Complainant and Respondent to appeal (described below in “Appeal”). 

3. Timeline for Issuing the Determination of Responsibility

The Decision-Maker will issue the Determination of Responsibility within ten (10) business days of the Live Hearing, unless the Parties are advised of that this time period has been extended. 

4. Finality

 The Determination of Responsibility is final either on the date that the Parties learn of the outcome of any appeal of the Determination of Responsibility, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals,” below, or the date on which the opportunity to appeal expires, if no appeal is filed. 

5. Implementation of Remedies

The Title IX Coordinator is responsible for the implementation of any remedies identified in the Determination of Responsibility. 

a. When a Determination of Responsibility identifies responsibility for a policy violation, remedies will be identified to correct the violation, eliminate its effects, and prevent reoccurrence. 

b. Corrective action for employee-Respondents will be implemented in accordance with established University rules, procedures and collective bargaining agreements, if applicable. 

i. The Title IX Coordinator will be informed of all corrective action taken and provided with copies of the relevant documents. 

ii. To the extent that employee-Respondents appeal under these procedures, a student-Complainant may participate in that process. 

c. Remedies will include consideration of the following factors: 

i. Prior disciplinary history of Respondent, including other complaints of sexual violence; 

ii. Whether Respondent intentionally incapacitated or attempted to intentionally incapacitate the Complainant through drugs or alcohol; 

iii. Whether the Complainant was incapacitated due to drugs or alcohol; 

iv. Whether violence, physical force, threats of physical force used, or a weapon used or displayed; 

v. Other mitigating or aggravating factors of significance to a particular matter. 

d. Any or all of following may be imposed as the remedy or as part of a remedy when there is a finding of responsibility. 20 

i. Expulsion: the permanent separation of the Respondent from the University without the option for readmission in the future; 

ii. Suspension: separation of the Respondent from the University for a period of one, two, three, four, five, six, seven or eight semesters, and documentation of the suspension on the respondent’s academic transcript; 

iii. Disciplinary probation: formal written warning that the Respondent’s conduct violated the Policies and that continued enrollment of the respondent is based on the Respondent’s compliance with the Policies on a going forward basis; 

iv. Reprimand: a written statement placed in the disciplinary file of the Respondent and maintained in Student Affairs or documentation of a verbal reprimand issued to the respondent; 

v. Restitution: A requirement that the Respondent reimburse the Complainant for damages; 

vi. Restriction: temporary or permanent loss of: 

1. Use of any or all University facilities or services; 

2. The ability to participate in University extra-curricular activities, athletics or student organizations; and 

3. The ability to serve in a student leadership or advisory role. 

vii. Community Service: requiring the Respondent to render a designated amount of specified service to the University or community; 

viii. Education: requiring the Respondent to attend a specified training or education program, whether on-line or otherwise; and 

ix. Counseling: requiring the Respondent to meet with professional staff in the University’s Counseling Center and comply with all recommendations of the Counseling Center’s professional staff; 

x. Continuation of No Contact Directives: requiring the Respondent to comply with a new or ongoing No Contact Directive; 

xi. Creative or alternative sanctions: enrolling in and completing anger management or batterer intervention courses, performing volunteer work, writing essays, completing a 12-step or other addiction program, enrolling in and completing a sex offender rehabilitation program, issuing a sincere apology, and any other remedy appropriate for the circumstances. 

xii. Other remedies may include: providing an escort; ensuring that the Complainant and Respondent do not attend the same class, work together or participate in the same extracurricular activities; relocation to a different residence hall or work area; providing counseling services or additional academic support services; arranging for the Complainant to re-take a course or withdraw from a class without penalty; job reassignment; targeted training for a group of students, faculty, or staff; and training, education initiatives or other remedies tailored to the circumstances. 

e. The Title IX Coordinator will work with the appropriate administrator(s) to monitor corrective action to ensure compliance. The Title IX Coordinator is responsible for ensuring that the necessary action steps are completed. 

f. Remedial action may be imposed on any individual who had a duty to report potential discrimination, harassment or sexual violence and who failed to act in a manner consistent with the Policies and these Procedures.