In the case of an alleged incident that violates Title IX, both the complainant and respondent (parties) are entitled to supportive measures. Such supportive measures must be non-punitive, non-disciplinary, and no cost to the parties. Examples of supportive measures include but are not limited to counseling services, extensions of deadlines, class schedule modifications, mutual restrictions on contact between the complainant and respondent, changes in housing assignments, and leaves of absence. The parties have a right to supportive measures regardless of whether a formal complaint is filed. If a complainant files a formal complaint that meets the jurisdiction of Title IX, the complaint will be investigated by a neutral third party. Both parties will have access to an advisor of choice (who may be an attorney but is not required to be) during the complaint process and must have an advisor to conduct cross-examination during the live hearing. If a party does not have an advisor at the hearing, the college will assign one. The live hearing may be held in-person or virtually; both parties must be able to see and hear the other party and any witnesses. Both parties will be able to review allegations, evidence, investigative reports, written responses, and determinations of responsibility.
Title IX requires that supportive services provided to either the complainant or the respondent be kept confidential unless disclosure is necessary to provide the service; for example, a no contact order requested by one party would have to be disclosed to the other party in order to be implemented. A complainant’s identity cannot be kept confidential when a formal complaint is filed; however, the identities of the parties are protected to the extent possible in accordance with FERPA.
Students are encouraged to report instances of sex-based discrimination, sexual harassment, and/or sexual assault involving students. Therefore, students who report information about sex-based discrimination, sexual harassment and/or sexual assault involving students will not be disciplined by the college for any violation of the college’s drug or alcohol possession or consumption policies in which they might have engaged in connection with the report.
