Sexual Misconduct Grievance and Investigation Process

Where to Report:

Students who wish to report a concern or complaint relating to discrimination or harassment may do so by reporting the concern to the College Title IX Coordinator:

Richard K. Danford

Marietta College

215 Fifth Street

Marietta, OH 45750

Telephone (740) 376-4899

E-mail danfordr@marietta.edu

Individuals with complaints of this nature also always have the right to file a formal complaint with the United States Department of Education:

Office for Civil Rights, Cleveland Office

U.S. Department of Education

600 Superior Ave. East, Suite 750

Cleveland, OH 44114-2611

Telephone: 216-522-4970

Fax: 216-522-2573

TDD: 877-521-2172

E-mail: OCR.Cleveland@ed.gov

Web: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html

Preface

Marietta College’s process for handling allegations of sexual misconduct involves an immediate initial investigation to determine if there is reasonable cause to believe the nondiscrimination policy has been violated. If so, the College will initiate a prompt, thorough and impartial investigation. This investigation is designed to provide a fair and reliable determination about whether the College nondiscrimination policy has been violated. If so, the College will implement a prompt and effective remedy designed to end the discrimination, prevent its recurrence and address its effects.

Formal and Informal Grievance Procedure for Student Complaints

This procedure is intended to apply to student grievances against employees, employee civil rights grievances against students, student-on-student civil rights grievances, student grievances against visitors or guests, and guest or visitor grievances against students. All other grievances by students against students or employees against students will be addressed through the student conduct procedures located elsewhere in this Code.

In the event that an employee is taking classes or should a student also be an employee (as in the case of work-study, a TA, a RA, etc.), procedures applicable to employee-on-employee grievances through the Department of Human Resources may also be applicable. It is the practice of this institution to bring employee and student grievance mechanisms together for joint resolution in such cases. Sanctions may result in an individual’s capacity as a student, as an employee, or both.

Informal Dispute Resolution Efforts: A Useful First Step before Filing Formal Complaints

In cases other than sexual assault, before pursuing the formal complaint process, every reasonable effort should be made to constructively resolve issues with faculty, staff, or administrators, including following procedures for formal appeal. Whenever possible and safe, the problem or complaint should first be discussed with the individual involved in the complaint. If satisfactory resolution is not reached after discussion with the individual, the student should contact the individual’s direct supervisor to attempt to resolve the complaint. If these efforts are unsuccessful, the formal complaint process may be initiated. The College does not require a student to contact the person involved or that person’s supervisor if doing so is impracticable, or if the student is uncomfortable or believes that the conduct cannot be effectively addressed through informal means.

Formal Grievance Process:

Introduction

Formal complaints of sexual misconduct by a student are made to the Title IX Coordinator, (740) 376-4899. When a complaint of sexual misconduct is filed with the Title IX Coordinator, the Coordinator will designate two (2) Investigators to investigate the complaint. The Investigators will be selected from a pool of faculty and staff members who have received training on investigating alleged cases of sexual misconduct and Title IX.

Fact-finding Inquiry
Following receipt of a complaint, the Investigators will gather relevant evidence to determine whether sexual misconduct rules were violated. This inquiry should normally be completed within fourteen (14) calendar days. If the inquiry cannot be completed within that time, the Investigators will inform the Complainant and the Respondent.

The inquiry generally shall include interviews with the parties if available, interviews with other witnesses as needed, and a review of relevant documents (including social media) as appropriate. Disclosure of facts to parties and witnesses shall be limited to what is reasonably necessary to conduct a fair and thorough inquiry. Participants in an inquiry shall be advised that maintaining confidentiality is essential to protect the integrity of the inquiry. The inquiry process is not open to the public.

The student accused of sexual misconduct (the Respondent) will be notified in writing by the Investigators of the allegations and to explain the judicial procedures for allegations of sexual misconduct. The Respondent has the right to meet with the Investigators and tell their side of the story, to submit documents and other relevant evidence for consideration by the Investigators, to bring an advisor to the meeting with the Investigators, and to identify witnesses who may have information relevant to the complaint.

While the Investigator’s inquiry is pending, the Complainant and the Respondent each have the right to know, upon request, the status of the inquiry.

At any time during the inquiry, the Investigators may recommend that interim protections or remedies for the Complainant be provided by appropriate College officials. These protections or remedies may include, but are not limited to, separating the parties, placing limitations on contact between the parties, or making alternative working or housing arrangements. Failure to comply with the terms of interim protections may be considered a separate violation of the Sexual Misconduct Policy.
Decision by the Investigators
Upon completing the inquiry, the Investigators will make a determination as to whether the Respondent violated the sexual misconduct policy, and if so, what sanctions are applicable. The standard of proof the Investigators will use in making this determination is preponderance of evidence.

The Investigators may recommend to resolve the complaint in one of three ways: (1) a recommendation to dismiss the sexual misconduct allegations without sanctions; (2) a finding by the Investigators that the Respondent violated the sexual misconduct policy (and possibly other policies) and sanctions other than suspension or expulsion should be imposed (e.g. removal from College housing, probation, etc;); (3) a finding by the Investigators that the Respondent violated the sexual misconduct policy (and possibly other policies) and suspension/expulsion should be imposed.

The findings will be presented to both the Complainant and the Respondent in the form of a letter. The Respondent and/or the Complainant have the choice to accept the findings of the Investigators, and the presented sanctions, if applicable, or they can reject the findings and presented sanctions. If the Respondent and/or the Complainant disagree with either the findings of the Investigators, or the proposed sanctions, if applicable, they must present to the Investigators, in writing within three (3) calendar days that they reject this finding and wish to have the case resolved by the Student Accountability Board. Upon receipt of this written request, the Investigators will compile all relevant materials related to the inquiry and provide them to the Associate Dean of Students or designee, who will conduct resolution of the complaint through the Student Accountability Board. If the Respondent and/or the Complainant accept the findings and any applicable sanctions, they will not be eligible to appeal the decision.
Dismissal of Complaint
If, after completing the inquiry, the Investigators determine that the preponderance of evidence does not show that the Respondent violated the sexual misconduct policy, they shall make the recommendation to dismiss the sexual misconduct allegations. If the Investigators recommend dismissal of the sexual misconduct allegations, but determine that the Respondent may have violated other, non-sexual misconduct policies, they shall refer the matter to the Associate Dean of Students/Director of Campus Involvement or designee for further proceedings and possible sanctions imposed for the Student Code of Conduct violations.

The findings of fact shall be summarized in a letter to the Respondent with a note explaining that the Complainant has the opportunity to appeal the finding. The Investigators shall inform the Complainant in writing of the outcome of the inquiry. The Investigator’s letter to the Complainant shall reference the judicial procedures for allegations of sexual misconduct and set a deadline of three (3) calendar days after the letter is sent for rejecting the Investigator’s recommendation, and requesting a hearing before the Student Accountability Board. If the Complainant rejects the finding of non-responsibility, they must present to the Investigators, in writing, that they reject this finding and wish to have the case resolved by the Student Accountability Board. Upon receipt of this written request, the Investigators will compile all relevant materials related to the inquiry and provide it to the Associate Dean of Students/Director of Campus Involvement, or designee, at which point the case will be resolved by the Student Accountability Board.

If this deadline passes without a request for review, the decision to dismiss will become final. In this event, the Investigators shall inform the Respondent and the Complainant that the complaint is considered resolved.

If the case is to be dismissed, a copy of the report, with information related to third parties deleted, will be sent to the Complainant, the Respondent, and kept in the Title IX Coordinator’s files.
Formal Hearing Charge Procedure
In those cases where the complaint is remanded to the Associate Dean of Student/Director of Campus Involvement, the Student Accountability (SAB) will resolve the complaint.

The Student Accountability Board is comprised of one staff member, one faculty member and one student. The Associate Dean of Students/Director of Campus Involvement or designee is a permanent ex-officio member and serves as the SAB Administrator. The presiding officer shall be a faculty or staff member appointed by the members of the Board. Members serve a one-year term following their selection and ending on May 31st of the following year. The Faculty Council shall select faculty members. Other members shall be selected by the Associate Dean of Students/Director of Campus Involvement or designee from a group of administrators, staff, and students who are trained in Marietta's disciplinary processes and Title IX.

Student Accountability Board Hearings are conducted according to the following guidelines:
1. Respondents shall be given notice of the pre-hearing date and the specific charges against them at least two (2) calendar days in advance.
2. Respondents shall be given notice of their formal hearing date at least five (5) calendar days in advance.
3. The Complainant and the Respondent shall be given the opportunity to view all documents prior to their hearing or as information is presented to the Board.
4. The Complainant and the Respondent shall have the right to review members of the pool for the Student Accountability Board. If there is a member of the pool they wish to eliminate for consideration as a member of the Board, they must present significant and pertinent information that supports the request.
5. Hearings shall be conducted in private.
6. The complainant and the respondent have the right to be assisted by an advisor. The advisor shall be a College faculty or staff member, or may be an attorney. Parents/guardians of the complainant and the respondent are not permitted to participate in the hearing. The complainant and/or the respondent is responsible for presenting their own case and, therefore, the advisor is not permitted to speak or participate directly in any hearings before the Board.
7. The Complainant and Respondent will be kept in separate rooms during the hearing.
8. Pertinent records, exhibits, written statements and witnesses may be accepted as evidence for consideration by the Board at the discretion of the Board Administrator.
9. The Board examines all witnesses and both the Complainant and Respondent may request the Board to ask certain questions, which the Board, in its discretion, may elect to do.
10. All procedural questions are subject to the final decision of the Administrator of the Board.
11. After the hearing the Board shall determine, by a preponderance of evidence and majority vote, whether the Respondent is responsible for each alleged violation of the Code.
12. A tape recording of the hearing will be made to ensure accuracy of all proceedings. The record shall be the property of the College and housed in the Office of the Dean of Students.
13. If the Respondent fails to appear for a scheduled hearing, evidence in support of the charges shall be presented and considered by the Board.
Interim Disciplinary Procedures
In the event that the academic calendar prevents a timely hearing by the Student Accountability Board, the following procedure will be used. The investigation will occur and complaints will be resolved through the administrative hearing process, which allows for the Associate Dean of Students/Director of Campus Involvement or designee to hear and render a decision on the case. Requests for appeals of decisions made by the Associate Dean of Students/Director of Campus Involvement in these situations are heard by the Vice President for Student Life, or designee, whose decision in the matter is final.
Post-Hearing Requests for Appeal
Requests for appeal to the Vice President for Student Life or designee must meet one of the following criteria:
1. Established administrative procedures were not followed that would have a significant impact on the outcome of the hearing.
2. New evidence that was not available or could not have been discovered through diligent investigation before or during the hearing that merits or warrants reevaluation of the case and that would have a significant impact on the outcome of the hearing.
3. The sanction(s) imposed were clearly disproportionate to the violation found. This criterion is only to be considered in cases where the sanction is suspension or expulsion.
Appeal Criteria:

Appeals to the Vice President for Student Life must meet one of the following criteria:
1. Established administrative procedures were not followed that would have a significant impact on the outcome of the hearing.
2. New evidence that was not available or could not have been discovered through diligent investigation before or during the hearing that merits or warrants reevaluation of the case and that would have a significant impact on the outcome of the hearing.
3. The sanction(s) imposed were clearly disproportionate to the violation found. This criterion is only to be considered in cases where the sanction is suspension or expulsion.
Appeals Board (AB):

The Appeals Board shall be composed of one faculty member, one staff member, and one student selected by the Associate Dean of Students/Director of Campus Involvement or designee from a group of faculty, staff, and students who are trained in Marietta College’s disciplinary procedures. The Associate Dean of Students/Director of Campus Involvement or designee is a permanent ex-officio member and serves as the AB Administrator.

On appeal, the Appeals Board may:
1. Affirm the finding and impose the sanctions of the Student Accountability Board.
2. Remand the case to the presiding officer of the Student Accountability Board to reconsider the Board’s finding or sanction or conduct a new Student Accountability Board Hearing if one of the three appeal criteria is present.
If the case is remanded to the presiding officer of the Student Accountability Board, the Board will reconvene within three (3) days to review the matter and then report its findings to the Vice President for Student Life, who shall notify the complainant or respondent and appropriate College personnel by letter of the finding regarding the appeal.

A request for an appeal of the decision of the Appeals Board following remand must be filed in writing within two (2) days to the Vice President for Student Life. The request for an appeal must cite one or more of the appeal criteria listed above. Timely submission of a request for appeal does not guarantee that the request will be granted. The decision of the Vice President for Student Life is final.
Sanctions
Examples of sanctions for students found to be responsible for sexual misconduct include, but are not limited to: expulsion; suspension; interim suspension; removal from College housing; loss of privileges including restrictions from using specific facilities and services, ineligibility to serve as an officer or member of any College organization, to participate in intercollegiate competition, or to receive any award from the College, hold on enrollment, hold on forwarding personal records to external institutions or individuals until satisfactory completion of disciplinary sanctions; or restitution. Mediation (i.e., bringing the parties together) cannot be used as a remedy in cases of sexual assault.
Written Report
An inquiry will result in a written report that, at a minimum, includes a statement of the allegations and issues, the positions of the parties, a summary of the evidence, findings of fact, and a determination by the Investigators as to whether College policy has been violated. The report may also recommend actions to resolve the complaint, including educational programs, remedies for the Complainant, and other sanctions as appropriate.

If a complaint is remanded to the Student Accountability Board, the case records will be maintained in the Office of Student Life.

No amendment or revision to this document shall be effective until it has been approved by a two-thirds vote of Faculty Council, a two-thirds vote of Student Senate, approval by the President, and approval by the Board of Trustees.

Approved by Student Senate, April 18, 2012

Approved by Faculty Council, April 23, 2012

Approved by the President, April 24, 2012

Approved by the Board of Trustees, May 11, 2012

Coordinator’s Name Updated March 25, 2015

Master Document maintained in the office of the Title IX Coordinator