Title IX Proceedings
What is the Process?
To make a report:
- Any person (whether or not the person reporting is the Complainant) may report sexual
harassment to the Title IX Administrator. Such reports may be made in person, or at any time by mail, by telephone, by e-mail, or any other means that would result in the Title IX Administrator receiving the person’s verbal or written report. - The report might be made to the University Title IX office alone or also to law enforcement. It
is always the Complainant’s choice on whether or not to make a report to a law enforcement
agency. 澳门心水论坛 Baptist University can provide assistance to individuals wishing to pursue legal remedies, such as providing assistance to make a police report or requesting an order of protection. - Upon receipt of the report, the Title IX Administrator will contact the Complainant to discuss the
availability of supportive measures and to explain and discuss the Title IX process.
Filing a Formal Complaint:
- A Complainant may file a Formal Complaint with the Title IX Administrator, which is a document
alleging sexual harassment against a Respondent and requesting that the University investigate
the allegations. At the time of filing a Formal Complaint, the Complainant must be participating
in or attempting to participate in an education program or activity of the University in the U.S. - Once a Formal Complaint has been received by the appropriate Title IX office, an assigned
investigator will initiate the investigating process and also send to the known Parties Notice of
Allegations, which will include a description of the Title IX process and a Party’s rights throughout the Title IX process, as well as notice regarding the allegations of sexual harassment charged.
Investigation Phases:
It is important to distinguish a Title IX investigation from a criminal investigation. A Title IX investigation is a process created to determine whether or not a university policy has been violated. A Title IX investigation cannot result in incarceration but could result in disciplinary action by the
University. A Title IX action may proceed regardless of whether a criminal investigation is pursued or ongoing.
- All investigations will be thorough, reliable and impartial. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on 澳门心水论坛 Baptist University. The Parties may also present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence; all such evidence must be relevant.
• The Parties shall be permitted to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, in sufficient time for the parties to meaningfully respond to the evidence prior to the conclusion of the investigation.
• The University will also provide each Party the opportunity to review and respond to the Investigator regarding the Investigative Report prior to it becoming final.
Resolution Process:
- Each Party may elect to have a support person of their choice present with them for all Title IX process interviews and meetings.
• The Complaint may be resolved by Informal Resolution (Parties both must voluntarily consent this option) or Hearing Panel Resolution* (three-person panel). The University uses a “preponderance of the evidence” standard to determine whether the evidence shows that it is more likely than not that a policy violation occurred. If a finding of responsibility is made, sanctions and/or remedial actions of a varying range may be imposed.
• For Hearing Panel Resolution, each Party may have an Advisor of their choice present at the hearing to conduct cross-examination and other questioning for that Party. The Advisor, may be, but is not required to be, an attorney. If a Party does not have an Advisor of their choice present at the hearing, the University will provide, without fee or charge to that Party, an Advisor of the University’s choice to conduct cross-examination and other questioning on behalf of that Party. A Party may not require that the assigned Advisor have specific qualifications such as being an attorney. - Dismissal of a Formal Complaint (or any of the allegations therein), or findings of responsibilities and sanctions imposed may be appealed by either the Complainant or Respondent for the following reasons:
- 1. A procedural irregularity that affected the outcome of the matter;
- 2. To consider new evidence that was not reasonably available at the time the determination
- regarding responsibility or dismissal was made that could affect the outcome of the matter;
- 3. The Title IX Coordinator, Investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or
- 4. The sanctions fall outside the range typically imposed for this offense, or for the
- cumulative conduct record of the Respondent.
**Please note that this information is intended to be a general overview of the process.
Retaliation:
- Retaliation is any adverse action taken against a person because of that person’s
participation in or refusal to participate in the Title IX process. 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 because the individual has made a report or
complaint, testified, assisted, or participated or refused to participate in any manner in an
investigation, proceeding, or hearing under the Title IX policy. - Intimidation, threats, coercion, or discrimination, including charges against an individual
for policy violations that do not involve sex discrimination or sexual harassment, but arise
out of the same facts or circumstances as a report or complaint of sex discrimination, or a
report or Formal Complaint of sexual harassment, for the purpose of interfering with any
right or privilege secured by Title IX, constitutes retaliation. - Any person who engages in such retaliation shall be subject to disciplinary action, up to and including expulsion or termination, in accordance with applicable procedures. Any person who believes they have been subjected to retaliation is encouraged to notify the Title IX Coordinator.
The University will promptly respond to all claims of retaliation in accordance with its policies. - Examples of prohibited retaliation include but are not limited to, giving a lesser grade than the student’s academic work warrants because the student filed a report or Formal Complaint of sexual harassment; giving lower than justified performance appraisals because a person was a witness in an investigation of alleged sexual harassment; and threatening to spread false information about a person for filing a report or Formal Complaint of sexual harassment.
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