Title IX Procedure

博彩网址大全将使用此程序调查所有正式投诉. 如果正式的投诉将一名员工确定为被调查者, 博彩网址大全将遵循博彩网址大全教师手册或员工手册中的程序, which are analogous to this procedure. 博彩网址大全将尽可能严格地遵循这一程序, 注意环境可能会限制其调查能力, conduct a hearing, and levy sanctions.

Procedural Definitions

Report

Information provided about possible sexual harassment.

Formal Complaint

A written accusation of sexual harassment provided to the Title IX Coordinator or deputy that will trigger a formal investigation in this process. 正式投诉必须由投诉人或第九条代表签署.

Complainant

An individual who has experienced sexual harassment.

Respondent

An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Preponderance of Evidence

Under the preponderance standard, the burden of proof is met when the party with the burden convinces the decision-makers that there is a greater than 50 percent chance that the claim is true.

Hearing Panelists

听证和上诉小组的博彩网址大全教职员工. 听证会小组成员将接受关于性骚扰定义的年度培训, 博彩网址大全的教育项目和活动的范围, how to conduct an investigation and grievance process, how to serve impartially, and on technology used during hearings. 教员由教务长办公室任命, 及工作人员由人力资源总监委任.

Hearing Panel

三名聆讯小组成员，负责就正式投诉进行聆讯并决定结果, including any sanctions against the respondent. 每个听证小组都将有一名主席主持整个过程. 每个听证小组至少有一名教员和一名工作人员. 如有可能，每个听证小组将至少有一名男性和一名女性成员. If, because of bias or a conflict of interest, a hearing panelist cannot participate in a hearing panel, another hearing panelist will take their place.

Appeals Panel

三名聆讯小组成员，负责就聆讯小组对正式投诉的决定所提出的上诉进行复核. 每个上诉小组都将有一名主席主持整个过程. 每个申诉小组至少有一名教员和一名职员. 如有可能，每个上诉委员会将至少有一名男性和一名女性成员. Hearing panelists who served on the hearing panel for a written complaint will not serve on the appeals panel for the same written complaint. If, because of bias or a conflict of interest, 听证小组成员不能参加上诉小组, another hearing panelist will take their place.

Title IX Advisor

投诉人和被投诉人均可选择一名顾问陪同他们出席任何会议, hearings, and appeals in the process. A Title IX advisor is only for a party’s emotional support when filing a formal complaint and through the investigation process. An advisor may not communicate with or speak on behalf of the complainant or respondent with the Title IX representative or the investigators. At the hearing, the party’s advisor will ask the other party and any witnesses all relevant questions and follow up questions, including those challenging credibility. 如果当事人没有顾问，现场听证会将免费指派一名顾问.

Investigator

负责调查性骚扰正式投诉的博彩网址大全员工. If, because of bias or a conflict of interest, 当事人可以在正式投诉通知中要求更换调查人员. Contact information for the Dean of Students Office/Student Affairs is listed in the Resources section of this Policy. Anyone who acts as an investigator will receive annual training on the definition of sexual harassment, 博彩网址大全的教育项目和活动的范围, conducting an investigation that protects the safety of complainant(s) and assumes the innocence of the respondent(s).

Procedure

博彩网址大全人更喜欢亲自接受报告、发表声明、召开会议和举行听证会. However, extenuating circumstances, 例如条款之间的中断或某些当事人的缺席, 可以要求当事人或证人出庭并通过电话沟通吗, video chat, or similar methods. At the request of the complainant or the respondent, and for good cause, 会议或听证可以由投诉人和被投诉人分别在不同的房间进行. 在整个过程中，投诉人和答辩人都得到公平对待.

Records

调查结束后，听证前, 投诉人或被投诉人均可查阅将在聆讯中使用的任何资料, 包括在调查期间收集的不会在听证会上使用的任何信息. The investigators will notify parties in writing when the investigative summary is available and students will have 10 days to review prior to a live hearing.

Time Frame

博彩网址大全希望在合理的时间框架内进行调查、听证和上诉. Extenuating circumstances, 例如条款之间的中断或关键方的不可用, may cause delays. At any point, either the complainant or the respondent may request an extension of any dates or deadlines by writing to the investigators or hearing chair, 谁将书面通知双方延期.

Investigation and Hearing

Upon the filing of a formal complaint, 调查人员将把正式投诉通知被投诉人, inform them of their rights and resources, and allow inspection of the formal complaint. The respondent may submit a written rebuttal as soon as possible after inspecting the formal complaint. 在听证小组作出裁决之前，被告被推定无罪.
The investigator will then review the written complaint and the respondent’s rebuttal and investigate the parties’ claims. 侦查人员可以要求当事人或者证人陈述，也可以会见证人, the complainant, and the respondent. The investigator will periodically update the complainant and the respondent regarding the progress of the investigation.
一旦调查员完成调查总结, 他们会通知投诉人和被投诉人，以便他们审查并提交答复. After both parties have reviewed or 10 days have elapsed, 调查摘要将送交聆讯小组，并安排聆讯.
At that hearing, both the complainant and the respondent will have the opportunity to present evidence about the formal complaint. The hearing can include statements from the parties, questioning of the parties, questioning of witnesses, and presentation of documentary or physical evidence. The hearing panel will control the hearing and have sole discretion regarding the presentation of evidence.
During the hearing, each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow up questions, including those challenging credibility. If a party does not have an advisor at the hearing, the institution will provide one, 特别是为了代表当事人进行质证. Before any party or witness answers a question, 小组主席必须首先确定问题是否相关. 如果该问题被确定为不相关，则小组主席必须在当时解释该决定.
After the hearing, the hearing panel will determine, by a preponderance of the evidence, 被告是否违反了性骚扰政策. 如果听证小组认定被告有性骚扰行为, 聆讯小组亦会评估对被告的适当制裁.
The hearing panel chair will notify the Associate Dean of Students/Director of Student Conduct of the hearing panel’s decision, its rationale, and any sanction in a written hearing summary. The Associate Dean of Students/Director of Student Conduct will then communicate the hearing panel’s decision to the complainant and respondent and notify both parties of their rights to appeal in writing. 如当事各方在收到通知后三日内未上诉, the hearing panel’s decision is final.

Records

An audio, audiovisual recording or transcript of the hearing will be created and is available for the parties to review.

Appeals

Either the complainant or the respondent may appeal the hearing panel’s decision within three days of receiving notification. 当事人只能根据下列理由之一提出上诉:

New evidence that was not reasonably available at the time and that could affect the outcome of the matter.
程序上的不规范影响了事情的结果.
Bias or conflict of interest for or against complainants or respondents generally or the individual complainant or respondent, and that bias or conflict-affected the outcome.

The appealing party must submit a written statement to the Associate Dean of Students/Director of Student Conduct that requests and sets forth the basis of the appeal. 在提出上诉时，不上诉的一方将得到书面通知. 学生事务副主任/学生操守主任将成立上诉委员会. The appeal panel may do any of the following:

Affirm the hearing panel’s decision.
Amend the original sanction.
Require a new hearing and decision.

The appeals panel chair will notify the Associate Dean of Students/Director of Student Conduct of the panel’s decision and rationale in a written summary. The Associate Dean of Students/Director of Student Conduct will communicate the outcome of the appeal and the rationale to the complainant and respondent in writing simultaneously.

The decision of an appeals panel is final.

Sanction

The penalty assessed against any respondent found responsible for violating the sexual harassment policy will include one or more of the listed sanctions:

不得联络令-被投诉人不得联络投诉人.
Probation — Any further violation of Carthage’s policies may result in immediate removal from the residence halls, suspension, or dismissal.
Removal from Housing — The respondent will be removed from on-campus housing at Carthage and relocated to another or an off-campus residence.
Ban from College Facilities — The respondent may not enter certain areas of campus or use certain campus services.
Activity Restrictions — Restrictions may be placed on the respondent’s ability to participate in college activities (e.g. co-curricular, extra-curricular, or campus events such as athletic competitions, theater performances, speakers, or more.)
Suspension — The respondent is dismissed as a student for a specified time (typically no less than the remainder of an academic term and could be years). 中止可以是特定期限的，也可以是无限期的，以后可以复议. Unless otherwise specified, the suspension includes a ban from campus until the date the respondent is eligible for re-application.
驱逐——被告将被永久驱逐出博彩网址大全. Unless otherwise specified, 开除包括禁止进入校园并且没有资格返回博彩网址大全.