Informal Procedures

A complainant may elect to pursue an informal resolution for all allegations of sexual misconduct except for sexual assault.  An informal resolution is designed to resolve complaints quickly, efficiently and to the mutual satisfaction of all parties involved.  Informal resolutions include, but are not limited to:

• Mediation of the complaint conducted by the Title IX Coordinator in appropriate cases.
• Agreement in which one or more of the parties involved agrees to accept discipline in the form of a warning, censure, probation, or other such disciplinary action as may be warranted by the circumstances.
• Both the complainant and accused must agree to engage in informal resolution.  Either party can end the informal resolution process at any time, for any reason, and begin the process to pursue formal conduct proceedings.  The School director has the discretion to determine if it would be inappropriate to informally mediate any particular sexual misconduct complaint.

Rights of Complainant of Sexual Assault

1. The right to have any and all alleged violations treated with seriousness, dignity, and confidentiality.  This includes an adequate, reliable and impartial investigation by school officials and/or law enforcement adjudication, or mediation to bring closure to the incident.
2. The right to be informed of resources, including, but not limited to, the police and counseling services.
3. The right to a prompt and equitable resolution to the complaint.  All investigations will examine the preponderance of the evidence presented.
4. The right to have an advisor present during all meetings relating to the disciplinary proceedings.
5. The right, upon request, to have a no-contact order filed prohibiting any communication or contact including but not limited to verbal, written, electronic or third-party communication.
6. The right to request an academic assignment change and minimize burden on the alleged victim.
7. The right to present witnesses or other relevant evidence during a school investigation.
8. Accommodations will be made for the complainant if they are not comfortable being in the same room as the other party.
9. The right to be notified of the outcome of sexual misconduct committee proceedings in writing.
10. The right to simultaneously file a Title IX and criminal complaint.

Rights of Respondent of a Sexual Assault

1. The right to have any and all alleged violations treated with seriousness, dignity and confidentiality.  This includes an adequate, reliable, and impartial investigation by school officials and/or law enforcement adjudication, or mediation to bring closure to the incident.
2. The right to be informed of resources, including, but not limited to, the police and counseling services.
3. The right to prompt and equitable resolution to the complaint.  All investigations will examine the preponderance of the evidence presented.
4. The right to have an advisor present during all meetings relating to the disciplinary proceedings.
5. The right, upon request, to have a no-contact order filed prohibiting any communication or contact including but not limited to verbal, written, electronic or third-party communication.
6. The right, upon request, to review options for academic assignment changes after an alleged sexual assault.
7. The right to present witnesses or other relevant evidence during a school investigation.
8. Accommodations will be made for the respondent if they are not comfortable with being in the same room as the other party.
9. The right to be notified of the outcome of sexual misconduct committee proceedings in writing.

Formal Procedures

Investigation: The school will investigate complaints in a timely manner and aims to complete all sexual misconduct cases within 45 days.

The school strives to complete the investigative process within the time frame listed below.  This time period may be shorter or longer depending on the circumstances including, but not limited to, the complexity of the case and the availability of witnesses.  If, for any reason, the investigation is not completed within the time frames, a written explanation will be provided to both the complainant and the respondent.  All days listed below are school business days.

• Investigation Phase                       30 days from the complainant making the initial report
• Investigative Report                      5 days from the completion of the investigation
• Review Process                               5 days from completion of the investigative report

Once a report has been made, an investigation will be conducted.  The school aims to complete the investigation within 30 business days.  At times the investigation may take longer.  The school’s investigative process is not a criminal investigation, and it does not take away the complainant’s right to pursue a criminal investigation.  The school process may be conducted separately or congruently with a criminal investigation.

It will be the complainant’s discretion to make a criminal report.

The school will investigate all complaints of sexual misconduct.  The steps of the investigative phase are listed below.  The school director will meet with the respondent to provide notification of the complaint and the procedures that will follow.

1. The respondent may elect to take responsibility for a violation at the onset of the investigation.  The school will still follow the investigative procedures.
2. Respondents may choose not to participate in the investigation; however the investigation will proceed and the findings will be based on all available evidence.
3. The Title IX Coordinator will investigate the complaint and determine and compile the facts.
   • The Title IX Coordinator will meet with the complainant and the respondent to gather facts regarding the incident.
   • The Title IX Coordinator will ask both the complainant and respondent to provide a list of witnesses.  It is at the discretion of the Title IX Coordinator to interview witnesses.
   • The Title IX Coordinator may meet with other parties who have information regarding the incident as the Title IX Coordinator so elects.
   • All available information relevant to the complaint will be reviewed, including but not limited to emails, videos, text messages, social media, etc.
4. The complainant and respondent will meet separately with the Title IX Coordinator to review the investigative report.  The complainant and respondent will review the report and may:
   • Request that additional information be added to the report.
   • Ask questions or request clarification.
   • Recommend additional witnesses to be interviewed.
5. The Title IX Coordinator will consider the request of the complainant and respondent and add clarification to the report, add additional information or interview additional witnesses as the Title IX Coordinator deems reasonable.
6. If any changes are made to the report the complainant and respondent will again review the report.  Once the report is reviewed by both parties and no additional changes need to be made as determined by the Title IX Coordinator, the report will be presented to the sexual misconduct committee.
7. The Title IX Coordinator will submit its report summarizing the information from the investigation to the Sexual Misconduct Committee.  The SMC may;
   • Accept the report.
   • Request clarification and ask questions.
   • Request additional information is gathered.
8. If additional information is requested the Title IX Coordinator will gather the information and repeat steps 4, 5, and 6.

Investigative Report

The investigative report will be compiled by the Title IX Coordinator, will be maintained in a confidential manner, and will be made available for review by the hearing committee and complainant and respondent prior to the hearing.  The investigative report may include, but is not limited to the following:

• Complainant’s Written Statement
• Respondent’s Written Statement
• Investigative Summary
• Pertinent Policies
• Other documents utilized by the Title IX Coordinator that he/she deems relevant to the adjudication.

Once the investigation is complete the school strives to complete the investigative report within 5 business days.  The investigative report is made up of confidential information.  Therefore, the complainant and respondent may review the report, but it will not be copied, and may not be removed by any party.  Those reviewing the investigative report will be permitted to take notes.