Title IX Coordinator Steven Winger, Vice President for Operations, Finance and Human Resource Representative
U.S. Department of Education’s 2024 Title IX Final Rule Overview December 2024
01.02 To Whom This Policy Applies
01.03 Application of Section 504/Americans with Disabilities Act to This Policy
01.04 What is Prohibited by This Policy
01.07 Conflicts of Interest or Bias
01.08 Crime and Incident Disclosure Obligations
02. REPORTING SEXUAL HARASSMENT
02.02 How to Make a Report to Divine Word College
02.03 Employee Mandatory Reporting Obligations
02.04 Privacy and Confidentiality
03.02 Initial Intake & Assessment
03.03 Requests for Confidentiality or No Further Action
03.07 Dismissal of a Formal Complaint
03.08 Referrals for Other Misconduct
03.10 Student Withdrawal or Employee Resignation while Matters are Pending
04.01 Support-Based Resolution
04.0202 Facilitating an Agreement
04.02.03 Finalizing the Resolution Agreement
04.03 Investigation & Hearing Procedures
04.03.01 Acceptance of Responsibility
04.03.02 Assignment of the Investigator and Hearing Officer
04.03.03 Conflict of Interest or Bias
04.03.05 Burden and Standard of Review
04.03.06 Written Notice of Meetings
04.03.08 Notice of Investigation
04.03.09 Individual Interviews
04.03.10 Investigator Determination of Relevance
04.03.13 Conclusion of Investigation, Notice of Hearing
Hearing Participation Guidelines
Statements, Questioning and Presentation of Evidence
04.03.15 Hearing Officer’s Report
06. FAILURE TO COMPLETE SANCTIONS/COMPLY WITH RESPONSIVE ACTIONS
Divine Word College is committed to fostering an environment that is safe, secure and free from sexual harassment as defined by Title IX as amended in 2020, including quid pro quo, hostile environment sexual harassment, sexual assault, dating and domestic violence, and stalking.
This policy identifies and defines conduct prohibited under this Policy consistent with Title IX (“Prohibited Conduct”) and the process that will be used to respond to allegations of Prohibited Conduct, including the grievance procedures for formal complaints.
Divine Word College will act on all notices of allegations of sexual harassment or retaliation consistent with this policy.
This Policy addresses Prohibited Conduct as defined below, consistent with Title IX. Prohibited Conduct must occur within the College’s program or activity and within the United States to be covered by this Policy.
The College program or activity includes (1) any on-campus premises of the College; (2) any off-campus premises over which the College has substantial control; (3) off-campus activities that are part of a College program, including field trips and sanctioned events such as performances, and athletic or academic competitions; and (4) activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the College’s programs and activities over which the College has substantial control.
Concerns and reports that fall outside the scope of this Policy may be addressed by a separate applicable policy, including but not limited to the Anti-Harassment/Sexual Misconduct Policy.
Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point relating to the implementation of this policy, including making a disclosure or filing a formal complaint. Accommodations will be granted if they are appropriate and do not fundamentally alter the process.
This policy prohibits sexual harassment and retaliation as defined below. These acts shall also be referred to as Prohibited Conduct under this Policy:
1. Title IX Quid Pro Quo Sexual Harassment. An employee or graduate student conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct;
2. Title IX Hostile Environment Sexual Harassment. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity.
3. Sexual assault: an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Specifically, this includes:
4. Dating violence: violence committed by a person:
Emotional and psychological abuse do not constitute violence for the purposes of this definition.
5. Domestic violence: felony or misdemeanor crimes of violence committed by a person who:
Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the victim;
Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
Shares a child in common with the victim; or
Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
Emotional and psychological abuse do not constitute violence for the purposes of this definition.
6. Stalking: Engaging in a course of conduct, on the basis of sex, directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.
7. Retaliation: Retaliation is any materially adverse action taken against an individual because they were involved in the disclosure, reporting, investigation, or resolution of a report of Prohibited Conduct. Retaliation includes threats, intimidation, harassment, coercion, discrimination, violence, or any other conduct against any person by the College, a student, or an employee or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by this policy or by law, including Title IX or its regulations. Adverse action does not include perceived or petty slights, or trivial annoyances.
The prohibition against retaliation applies to any individuals who participate (or refuse to participate) in any manner in an investigation, or hearing, and to any student who refuses to participate in an investigation, proceeding, or hearing.
Retaliation may occur even where there is a finding of “not responsible” under this policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation.
Obligations in this policy assigned to a particular title, such as the Title IX Coordinator, may be designated as appropriate by the College, including to external professionals.
Divine Word College is committed to promoting a diverse, equitable, and inclusive working and learning environment free from sex discrimination. The Title IX Coordinator is charged with monitoring compliance with Title IX; providing education and training; and coordinating the College’s investigation, response, and resolution of all reports of Prohibited Conduct under this policy. The Title IX Coordinator acts with independence and authority and oversees all resolutions under this policy free from bias and conflicts of interest. The Title IX Coordinator is available to meet with any Student, Employee, or other individual to discuss this policy or the accompanying procedures and can be contacted at:
Mr. Steven Winger, Title IX Coordinator
Email: swinger@dwci.edu
Phone: 563-876-3353 Extension 222
Cell phone: 608-642-3385
Any individual carrying out any part of this policy shall be free from any actual conflict of interest or demonstrated bias that would impact the handling of a matter. Any conflicts should be promptly reported so roles can be reassigned. This policy will note where parties have the opportunity to challenge the participation of any individual implementing this policy based on actual conflict of interest or demonstrated bias.
The Clery Act is a federal crime and incident disclosure law. It requires, among other things, that the College report the number of incidents of certain crimes, including some of the Prohibited Conduct in this policy, that occur in particular campus-related locations. The Clery Act also requires the College to issue a warning to the community in certain circumstances.
In the statistical disclosures and warnings to the community, the College will ensure that a complainant’s name and other identifying information is not disclosed.
Some Prohibited Conduct may constitute a violation of both the law and College policy. Divine Word College encourages students to report alleged crimes promptly to local law enforcement agencies. All persons have the right to file with law enforcement, as well as the right to decline to file with law enforcement. The decision not to file shall not be considered as evidence that there was not a violation of College policy.
Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. The standards for finding a violation of criminal law are different from the standards for finding a violation of this policy. Conduct may constitute Prohibited Conduct under this policy even if law enforcement agencies lack sufficient evidence of a crime and decline to prosecute.
Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. However, when a report is made to the College as well as to law enforcement, the College may delay its process if a law enforcement agency requests that the College delay its process for a reasonable amount of time to allow law enforcement to gather evidence of criminal misconduct. Criminal or legal proceedings are separate from the processes in this policy and do not determine whether this policy has been violated.
Anyone who believes he/she is the victim of sexual assault and/or abuse at Divine Word College should immediately contact the Dubuque County Sheriff at 911.
Employees, students, guests, or visitors who believe that this policy has been violated should promptly contact DWC's Title IX Coordinator
All reports of violations of this policy will be taken seriously and in good faith. The Title IX Coordinator will provide information and guidance regarding how to file a formal complaint with the College and/or local law enforcement, as well as information and assistance about what course of action may best support the individual(s) involved and how best to address the report.
At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the recipient with which the formal complaint is filed.
There is no timeline for making a report under this Policy, however, the College encourages the prompt reporting of concerns as the ability of the College to pursue the report to conclusion may be hindered by the passage of time.
Sexual assault may also be reported to the appropriate administrator, the College Counseling Service or External Mediator who will maintain privacy as much as possible unless the student or employee releases the information to other authorities. Further details on confidentiality and privacy are listed below.
The College has a number of Campus Security Authorities (CSAs). These individuals, by law, must report any incident for the College to be in compliance with the Jeanne Cleary Act. Mandatory reporters include but are not limited to the President, Dean of Students, Vice President for Operations, Vice President for Academic Affairs, and the Rector of the SVD religious community. They will maintain privacy to the greatest extent possible though they cannot guarantee confidentiality. Divine Word College will limit the disclosure as much as practicable.
Divine Word College values the privacy of its students, employees, and other community members. Community members should be able to seek the assistance they need and access this policy without fear that the information they provide will be shared more broadly. However, as noted above, some employees are mandatory reporters, and as such, must report to the DWC Title IX Coordinator.
Nevertheless, individuals may speak confidentially with a Confidential Resource. Confidential Resources (e.g., licensed mental health care providers, College Student Referral Assistant, physicians, clergy when serving in a pastoral capacity, spiritual directors, and College External Mediator) may not report to Title IX Coordinator any identifying information about conduct that may violate the College’s policies against sex discrimination without the written consent of the individual who supplied the information, unless required by law.
Every reasonable effort will be made to maintain the privacy of those making a report to the extent possible. In all cases, the College will consider the party bringing forward a report with respect to how the matter is pursued. The College may, when necessary to protect the community, initiate an investigation or take other responsive actions to a report, even when the person identifying a concern chooses not to participate in a resolution process.
The following process will be used following the receipt of a report of Prohibited Conduct under this Policy.
Following receipt of a report alleging a potential violation of this policy, the Title IX Coordinator will contact the complainant to meet with the Title IX Coordinator for an initial intake and assessment meeting, and will provide the following:
The Initial Assessment process seeks to gather information about the nature and circumstances of the report to determine whether this policy applies to the report and, if so, which resolution process may be appropriate, as well as which section of the resolution procedures apply based on the conduct and the status of the parties. The Title IX Coordinator may also determine that the provision of supportive measures only is the appropriate response under the policy. The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the report is not the actual complainant, the Title IX Coordinator will limit communication to general information on policies and processes.
Should the complainant wish to file a formal complaint, the Title IX Coordinator will determine whether this policy applies and, if so, the appropriate process under this policy. The Title IX Coordinator will communicate to the complainant this determination.
When a complainant requests that the College not use their name as part of any resolution process, or that the College not take any further action, the College will generally try to honor those requests. However, there are certain instances in which the College has a broader obligation to the community and may need to act against the wishes of the complainant. In such circumstances, the Title IX Coordinator will notify the complainant in writing of the need to act. The factors the Title IX Coordinator will consider when determining whether to act against the wishes of a complainant include:
For Title IX Sexual Harassment, the College retains the authority to remove a respondent from the College’s program or activity on an emergency basis, where the College (1) undertakes an individualized safety and risk analysis, (2) determines that an immediate and serious threat to the health or safety of a complainant or any student, employee, or other individual arising from the allegations of sexual harassment justifies a removal, and (3) the College provides the respondent with notice of and an opportunity to challenge the decision immediately following the removal.
The respondent may challenge the decision immediately following the removal, by notifying the Title IX Coordinator in writing. Divine Word College will designate an impartial individual, not otherwise involved in the case, to consider the challenge to the removal and determine if the emergency removal was reasonable.
Divine Word College retains the authority to place an employee respondent on administrative leave during a pending formal complaint process or other process under this policy, with or without pay as appropriate. Administrative leave may be a supportive measure, emergency removal, or consistent with applicable law and policy. Administrative leave implemented as a supportive measure or as emergency removal is subject to the procedural provisions above, including the right to challenge the decision to implement that measure.
A formal complaint is required in order to proceed with a resolution process under this Policy except Support-Based Resolution. A formal complaint must be written, in paper form (hand delivered or by mail or shipping service) or electronically submitted and either signed or with another indication that it is being filed by the complainant, the complainant’s parent or guardian if applicable, or by the Title IX Coordinator, and that alleges a violation of the Policy as defined above, by a covered person, within the College’s program or activity, and requesting that the College investigate the allegations.
Where the complainant is unable or unwilling to file a formal complaint, and there have been allegations of violations of this Policy involving covered persons in the College’s programs and activities, the Title IX Coordinator may file and sign a formal complaint. In that case, the Title IX Coordinator does not have the status of complainant or party. A complainant retains their rights even if they decline to participate, including but not limited to receiving notices, the opportunity to review evidence and the right to receive the final investigation report. The Title IX Coordinator will use discretion in these matters.
A formal complaint cannot be filed anonymously because the Respondent must be notified who is making the accusation against them. A person does not, however, need to file a formal complaint to obtain supportive measures. For supportive measures, the complainant’s identity may remain confidential to the extent practicable to implement the supportive measure.
In certain cases, the identity of the Respondent may not be known by the person filing the formal complaint. They may still file the formal complaint and the College may be able to better identify the Respondent.
Before dismissing a formal complaint, the College will make reasonable efforts to clarify the allegations with the complainant.
The College may dismiss a formal complaint brought under this policy, or any specific allegations raised within that formal complaint, at any time during the investigation or hearing, if:
A formal complaint of Title IX sexual harassment must be dismissed when:
Upon dismissal, the College will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the College will notify the parties simultaneously in writing. If a dismissal of one or more allegations changes the appropriate decision-making process under these procedures, the Title IX Coordinator will include that information in the notification.
Divine Word College will notify the complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then the College will also notify the respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, the College will follow the procedures outlined in the Appeals section of these procedures.
When a formal complaint is dismissed, the College will, at a minimum:
A complainant who decides to withdraw a formal complaint or any portion of it may later request to reinstate it or refile it.
Parties may appeal the dismissal of a formal complaint as included below under Appeal Procedures.
Divine Word College has the discretion to refer reports of misconduct not covered by this policy for handling under any other applicable College policy or code. As part of any such referral for further handling, the College may use evidence already gathered through any process covered by this policy.
Should there be a conflict between the provision of this policy and other College policies, procedures, rules, regulations, or terms or conditions of employment, the provisions of this policy will govern unless specifically stated otherwise.
Divine Word College may consolidate reports under this policy and other policies as appropriate: for example, if there are multiple reports where the allegations of Prohibited Conduct arise out of the same facts or circumstances, or there are multiple reports with overlapping parties.
If a student or employee respondent permanently withdraws or resigns from the College with unresolved allegations pending, the College will consider whether and how to proceed with the resolution process. The College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s) and any ongoing effects of the alleged Prohibited Conduct.
There are multiple ways to resolve a report of sexual harassment. Whenever possible, the College will utilize the resolution method chosen by the complainant. During the resolution of a report, the Title IX Coordinator will determine whether to implement reasonable supportive measures designed to assist all parties (complainants and respondents) and community members in maintaining access to and participation in College programs, services and activities during the resolution of the report.
This section includes information on support-based resolution, agreement-based resolution, and investigation and hearing procedures.
A formal complaint is not required for a support-based resolution. A support-based resolution is an option for a complainant who does not wish the College to take any further steps to address their concern, and when the Title IX Coordinator determines that another form of resolution, or further action, is not required. Some types of support that may be appropriate include: adjustments or changes to class schedules; moving from one residence hall room to another; adjusted deadlines for projects or assignments; adjustments to work schedule or arrangements; escorts to and around campus; or counseling.
A support-based resolution does not preclude later use of another form of resolution, for example if new information becomes available to the College and the Title IX Coordinator determines there is need for additional steps to be taken, or the complainant later decides to pursue a formal complaint.
A formal complaint is required for Agreement-Based Resolution. Agreement-Based Resolution is not available to resolve a student complainant’s allegation that an employee has engaged in Prohibited Conduct.
Agreement-Based Resolution is an alternative to the investigation and hearing procedures where the Parties each voluntarily agree to resolve the formal complaint in a way that does not include any finding of responsibility. If the College offers Agreement-Based Resolution to the parties, and they voluntarily consent to engage in that process, the Title IX Coordinator must still take other prompt and effective steps as needed to ensure that sexual harassment does not continue or recur within the education program or activity. Parties and the Title IX Coordinator may agree to pause or exit the investigation and hearing resolution procedures to explore Agreement-Based Resolution.
The Title IX Coordinator must approve of the use of the Agreement-Based Resolution process and approve the final agreement between the parties. Agreement-Based Resolution may be initiated at any time prior to the release of the final determination. Agreement-Based Resolution does not result in a determination about whether the alleged Prohibited Conduct occurred.
Prior to the initiation of Agreement-Based Resolution, the Title IX Coordinator will provide the Parties written notice that includes:
If all Parties are willing to explore Agreement-Based Resolution, the Title IX Coordinator will then meet separately with each party to discuss the Agreement-Based Resolution process and facilitate an agreement. Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas. If an agreement cannot be reached, either because the Parties do not agree, determine they no longer wish to participate in the Agreement-Based Resolution process, or the Title IX Coordinator does not believe that the terms of the agreement or continuing the Agreement-Based Resolution process is appropriate, the Title IX Coordinator may decide that the reported conduct will instead be addressed through the investigation and hearing process. The Title IX Coordinator will inform the parties of such decision, in writing.
Agreement-Based Resolution processes are managed by facilitators who do not have a conflict of interest or bias in favor of or against complainants or respondents generally or regarding the specific parties in the matter. The investigator or Hearing Officer for the matter may not facilitate an Agreement-Based Resolution in that same matter.
In order to facilitate Agreement-Based Resolution, information shared by any party will not be used in any related resolution process of the same formal complaint under this policy. No evidence concerning the allegations obtained within the Agreement-Based Resolution process may be disseminated to any outside person, provided that any party to the Agreement-Based Resolution process may generally discuss the allegations under investigation with a parent, advisor, or other source of emotional support, or with an advocacy organization. An admission of responsibility made during an Agreement-Based Resolution process, however, may not be incorporated into the investigation and adjudication proceeding.
Once the final terms of the Resolution Agreement have been agreed upon by all parties, in writing, and approved by the Title IX Coordinator, the matter will be considered closed, and no further action will be taken. Once signed, no appeal is permitted. The Agreement-Based Resolution process is generally expected to be completed within thirty (30) days and may be extended by the Title IX Coordinator as appropriate with notice to the parties.
The following information applies to the investigation and hearing procedures.
If a respondent accepts responsibility for all or part of the Prohibited Conduct alleged, the Coordinator or designated sanctioning officer will issue an appropriate sanction or responsive action as to those violation(s) and continue processing any remaining allegations of Prohibited Conduct, if any.
Divine Word College will assign a trained investigator and Hearing Officer to conduct an adequate, reliable, and impartial investigation and determination, if applicable, in a reasonably prompt timeframe. The College reserves the right to utilize internal or external investigators and Hearing Officers.
All parties have the option to participate in the investigation and hearing, and each have the same rights during the resolution process including the right to an advisor, to submit relevant witness names and evidence, and to review the evidence gathered by the investigator prior to the investigator providing the final report to the Hearing Officer. All parties have the same rights at the hearing, including the right to review any evidence that will be considered by the Hearing Officer prior to the hearing.
The investigator will establish deadlines for submission of names of relevant witnesses and submission of evidence and communicate those deadlines to the parties in writing.
After a Notice of Investigation is issued to all parties, any party may object to the participation of the Title IX Coordinator or designated investigator on the grounds of a demonstrated bias or actual conflict of interest. All parties will have three (3) days from the date of the Notice of Investigation to object to the selection of the investigator or the Title IX Coordinator. Objections to the Title IX Coordinator are to be made, in writing, to the President. Objections to the appointment of the investigator are to be made in writing, to the Title IX Coordinator. All objections will be considered, and changes made as appropriate. If the objection is substantiated as to either the Title IX Coordinator or the Investigator, that individual shall be replaced. Any change will be communicated in writing.
Divine Word College strives to complete the investigation process within sixty (60) days from the date of the Notice of Investigation, and complete the hearing within sixty (60) days of the Notice of Hearing.
The timeline for any part of the resolution process may be extended for good cause by the Title IX Coordinator. All parties shall be notified, in writing, of any extension to the timeline that is granted, the reason for the extension, and the new anticipated date of conclusion of the investigation and/or hearing. Good cause reasons for extension may include ensuring availability of witnesses and other participants and ensuring participants have sufficient time to review materials.
Divine Word College shall not unreasonably deny a student party’s request for an extension of a deadline related to a formal complaint during periods of examinations or school closures.
Divine Word College has the burden of conducting an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred. This burden does not rest with any party, and any party may decide to limit their participation in part or all of the process, or to decline to participate. This does not shift the burden of proof away from the College and does not indicate responsibility. The standard of proof used in any determination process is the preponderance of the evidence standard, which means more likely than not.
Divine Word College will provide to a party or witness whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time to prepare to participate.
Interviews - The investigator will interview all parties and relevant witnesses and gather relevant and directly related documentary evidence provided by the parties and any identified witnesses. Interviews may be conducted in person, or via video conference. When a party meets with an investigator, the investigator will ask questions related to the allegations in the formal complaint and a party is given the opportunity speak to the allegations and related events. Parties may identify fact witnesses and provide evidence that is relevant or directly related to the allegations.. This will include inculpatory evidence (that tends to show it more likely that someone committed a violation) and exculpatory evidence (that tends to show it less likely that someone committed a violation). The investigator ultimately determines whom to interview to determine the facts relevant to the formal complaint.
Irrelevant Evidence - The following are not relevant, as per applicable federal law. This means this information will not be accessed or considered, except by the College to determine whether one of the exceptions listed below applies.
Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the College obtains that party’s or witness’s voluntary, written consent for use in its resolution procedures; and
Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
They are offered to prove that someone other than the Respondent committed the conduct alleged by the complainant, or
They concern specific incidents of the complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
Prior to the start of an investigation, the Parties will be provided a written Notice of Investigation communicating the initiation of an investigation. Should additional allegations be brought forward, or information regarding location or date of the incident(s), a revised written Notice of Investigation shall be provided to all parties.
The Notice shall include, at a minimum:
The investigator will hold individual interviews with parties and witnesses to ask relevant questions and follow-up questions, including questions exploring credibility, and to request of the parties the names of relevant witnesses and relevant evidence. Only the investigator and the party or witness may attend each individual interview, and a party may be accompanied by their advisor. Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the resolution process, and may be subject to further the College discipline for failure to do so.
The investigator will then gather from parties, witnesses, and other sources, all relevant and directly evidence.
Divine Word College will share expectations of decorum to be observed at all times in any meeting or proceeding under this policy. These expectations are applied equally to all parties and advisors. Divine Word College has the discretion to remove, with or without prior warning, from any meeting or proceeding an involved party, witness, or advisor who does not comply with these expectations and any other applicable College rules.
The individual interviews may be conducted with all participants physically present in the same geographic location, or, at the College’s discretion, with all participants joining virtually through a video conferencing option. The investigator will determine, in their sole discretion, whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to an interview. The investigator may conduct follow-up interviews as they deem appropriate.
The investigator will determine whether parties and witnesses are likely to provide relevant information about the allegations, and has the sole discretion to determine which parties and witnesses to call to individual follow-up meetings.
The investigator will review all evidence gathered through the investigation and determine what evidence is relevant, directly related, or irrelevant. Character evidence that is not relevant will not be considered.
At the conclusion of all fact-gathering, the investigator will provide each party and their advisor the opportunity to review all relevant and directly related evidence gathered. In the event that an audio or audiovisual recording is shared, the recording will only be made available at an in-person and monitored meeting on campus, and will not otherwise be transmitted for review, so as to maintain the privacy of those participating in the process.
The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation and to submit any additional relevant evidence, questions for parties or witnesses, or the names of any additional witnesses with relevant information. This is the final opportunity to offer evidence or names of witnesses. Evidence not provided during the investigation process will not be considered by the Hearing Officer. Given the sensitive nature of the information provided, the College will facilitate this review in a secure manner. None of the parties nor their advisors may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided. Any student or employee who fails to abide by this may be subject to discipline. Any advisor who fails to abide by this may be subject to discipline and/or may be excluded from further participation in the process.
The parties will have a minimum of 10 days to inspect and review the evidence and submit a written response in writing to the investigator. The Title IX Coordinator shall have the discretion to extend the evidence review period based on the volume and nature of the evidence.
When deemed appropriate by the investigator, the investigator shall then conduct any additional fact-gathering as may be necessary. If new, relevant evidence was submitted as part of evidence review, or is gathered during this second fact-gathering period, the new relevant evidence will be made available for review by the parties and their advisors. The parties shall have 5 days to provide a response to the newly-gathered evidence. No new evidence will be accepted as part of any response, except that the investigator shall have the discretion to accept relevant evidence that was not previously available or known to exist, and that was not previously discoverable with the exercise of reasonable diligence.
The investigator will consider the parties’ written responses before finalizing the investigation report.
The investigator will prepare a written report summarizing all of the relevant evidence gathered and all steps taken during the investigation process. The investigator will also include as an attachment all relevant evidence gathered during the investigation, as well as all interview notes.
Once the investigation report is final, the report together with all attachments shall be provided to each party and to their advisor, if any, in a secure manner (e.g., by providing digital copies of the materials through a protected, “read-only” web portal). Each party shall have ten (10) days to provide a response. The response, if any, shall be provided to the Hearing Officer.
Following conclusion of the investigation, each party shall be provided with a Notice of Hearing, which shall include information regarding the date of the hearing, the identity of the Hearing Officer, the process to be used at the hearing, deadlines for submission of evidence, names of witnesses, or questions to be reviewed by the Hearing Officer to ensure they are relevant to the allegations. The hearing shall be scheduled no less than ten (10) days from the date of the Notice of Hearing.
Within three (3) days of receipt of the Notice of Hearing, either party may object to the Hearing Officer on the basis of a demonstrated bias or actual conflict of interest. Any objection is to be in writing and sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator shall remove the Hearing Officer and appoint another.
The purpose of a hearing is for a Hearing Officer to determine whether the conduct occurred as alleged, and if so, whether that conduct violates this policy. Divine Word College expects that all individuals who participate in the hearing process do so truthfully and that all who have a responsibility for carrying out one or more aspects of the hearing process do so fairly and without prejudice or bias. Hearings may be conducted in person or via videoconferencing. The Title IX Coordinator may determine that the hearing will continue in the absence of any party or any witness.
Divine Word College will appoint a Hearing Officer, who will determine whether a violation of College policy has occurred. The Hearing Officer shall have the authority to determine the relevance of evidence submitted, and of questions asked, to limit the time allotted to any phase of the hearing, and/or to limit the time allotted to the full hearing. The Hearing Officer shall not draw an inference about the determination regarding responsibility based solely on a party’s absence from the hearing or refusal to answer questions posed.
Each hearing shall be recorded by the College and this recording will be considered the only official recording of the hearing. No other individual is permitted to record while the hearing is taking place. The recording is the property of the College but shall be available for listening until the conclusion of the appeals process to complainant, respondent, their respective advisors, Hearing Officer, and Appeal Officer by contacting the Title IX Coordinator.
1. Prior to the Hearing - The parties and the Hearing Officer all have the right to call witnesses. Witnesses participating in the hearing must have information relevant to the allegations. Parties who wish to call witnesses must submit the name of the witness at least five (5) days in advance of the hearing.
Only witnesses who participated in the investigation will be permitted to participate in the hearing, unless the witness was otherwise unknown or not known to have relevant information during the course of the investigation. If the witness did not participate in the investigation, the party must also provide the reason the witness was not interviewed by the investigator, and what information the witness has that is relevant to the allegations. The Hearing Officer will then determine whether the witness has relevant information and if there is sufficient justification for permitting the witness to participate. The Hearing Officer may instead send the case back to the investigator to interview the newly proffered witness prior to the hearing taking place.
A list of witnesses approved by the Hearing Officer will be provided to the parties at least three (3) days prior to the hearing.
Three (3) days prior to the hearing, each party shall submit to the Hearing Officer a preliminary list of questions they wish to pose to the other party, or to a witness. If the Hearing Officer determines that any questions are not relevant the Hearing Officer shall exclude the question and explain the reason for the exclusion of the question at the hearing. Questions that are unclear or harassing of the party or witness being questioned will not be permitted.
2. Advisor - Each party is entitled to be accompanied by one advisor at the hearing. The role of the advisor is to assist the party with understanding and navigating the proceedings, and at the direction of the Hearing Officer, pose questions developed by their advisee to the other party or witnesses. The advisor may not represent, advocate for, respond for, or otherwise speak on behalf of, the party during the hearing.
An advisor of the College’s choosing shall be provided for any party who does not have an advisor for the purposes of cross-examination during a hearing.
3. Hearing Participation Guidelines - The Hearing Officer shall have the authority to maintain order and decorum at the hearing, including responding to disruptive or harassing conduct, and when necessary to adjourn the hearing or exclude the disruptive person. In the event the Hearing Officer removes an advisor, the Hearing Officer will have the discretion to appoint another advisor for the remainder of the hearing. The Hearing Officer also has the authority to determine whether any questions are not relevant, abusive, intimidating, or disrespectful, and will not permit such questions. The Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing.
4. Statements, Questioning and Presentation of Evidence - During the hearing, each party will be permitted to provide an introductory statement. Following introductory statements, the Hearing Officer will call parties and witnesses for questioning. The order of questioning shall be determined by the Hearing Officer. The Hearing Officer will pose questions to the parties and witnesses and provide each party an opportunity to pose questions to the other party or witnesses through their advisor. If the Hearing Officer determines that any questions are not relevant to the allegations, the Hearing Officer shall not permit a response to the question and explain the reason for excluding a response to the question. Neither party may directly question the other party or witness.
Following the questioning of parties and witnesses, each party will be permitted to provide a closing statement. An advisor is not permitted to provide a closing statement on behalf of their party.
Following the hearing, the Hearing Officer shall prepare a determination report. All findings shall be made by a preponderance of the evidence, meaning more likely than not. To the extent credibility determinations need to be made, such determinations shall not be based on a person’s status as complainant, respondent, or witness.
The determination report will include:
The Hearing Officer’s report shall be provided to the Title IX Coordinator. If the Hearing Officer determines that there is no finding of responsibility, the Title IX Coordinator shall communicate the findings to each party, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome along with a copy of the Hearing Officer’s report, to the parties, together with procedures for appeal.
If there is a finding of responsibility, the Title IX Coordinator will then provide each party, and their advisor should the party wish the advisor to receive it, a written Notice of Outcome regarding the Hearing Officer’s decision, including the Hearing Officer’s report. The Title IX Coordinator will also provide written communication to the complainant regarding any appropriate remedies.
Dismissals of formal complaints and determinations made in the investigation and hearing processes may be appealed in writing by either party. Appeals will be sent to the Title IX Coordinator, who will then send the appeal to the Appeals Officer assigned to conduct a written review of the appeal(s) and to make a final determination. Appeals must be in writing and filed within ten (10) days following the issuance of the outcome letter.
When an appeal is filed, the other party shall be notified and provided with a copy of the filed appeal within one (1) day, and have five (5) days to respond to the appeal in writing. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal.
Within three (3) days of an Appeal Officer being assigned, either party may provide written objection to the Appeal Officer on the basis of an actual bias or conflict of interest. Any objection is to be sent to the Title IX Coordinator. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator will appoint another Appeal Officer.
Appeals may be filed only on the following three grounds:
The Appeal Officer will make a determination regarding the appeal and communicate that decision, along with a rationale for the decision to the Title IX Coordinator who will communicate the Appeal Officer’s decision to the parties. The decision of the Appeals Officer is final.
All responding parties are expected to comply with conduct sanctions/responsive actions/ corrective actions within the timeframe specified by the College. Responding parties needing an extension to comply with their sanctions must submit a written request to the Title IX Coordinator stating the reasons for needing additional time. Students who fail to comply may be referred for further disciplinary action.
In implementing this policy, records of all reports and resolutions will be kept by the Coordinator in accordance with the applicable College records retention schedule. All records will be afforded the confidentiality protections required by law, including but not limited to the Family Educational Rights and Privacy Act governing confidentiality of student information.
The U.S. Equal Employment Opportunity Commission (EEOC) investigates reports of unlawful harassment and discrimination, including sex-based harassment, in employment.
The U.S. Department of Education, Office for Civil Rights (OCR) investigates complaints of unlawful discrimination and harassment of students and employees in education programs or activities.
For more information, contact the nearest office of the EEOC or OCR.
https://www.eeoc.gov/filing-charge-discrimination
https://www.ed.gov/laws-and-policy/civil-rights-laws/file-complaint
This policy may be revised at any time without notice. All revisions supersede prior policy and are effective immediately upon posting to the College website.
Advisor: Each party has the right to choose and consult with an advisor of their choice at their own expense. The advisor may be any person, including a friend, family member, therapist, union representative, or an attorney. Divine Word College will not limit their choice of advisor. Parties in this process may be accompanied by an advisor of choice to any meeting or proceeding to which they are required or are eligible to attend.
Except where explicitly stated by this policy, advisors shall not participate directly in the process. Divine Word College will provide the parties equal access to advisors; any restrictions on advisor participation will be applied equally.
The advisor may not represent, advocate, or speak on behalf of a complainant or respondent. An advisor may not disrupt or impede any resolution proceeding.
Coercion/Force: Consent cannot be procured by the use of physical force, compulsion, threats, intimidating behavior, or coercion. Sexual activity accompanied by coercion or force is not consensual.
Formal Complaint: A formal complaint means a written document (hard copy or electronic) that alleges that a Respondent committed Prohibited Conduct and requests initiation of the procedures consistent with the Policy to investigate the allegation of the conduct. A “formal complaint” can only be filed by a complainant with a signature or other indication that the complainant is the person filing the Formal Complaint or signed by the Title IX Coordinator.
Complainant: Any individual who has reported being or is alleged to be impacted by Prohibited Conduct as defined by this policy, and who was participating in a College program or activity at the time of the alleged misconduct.
Confidential Resources: any individual identified by the College who receives information about conduct prohibited under this policy in their confidential capacity and who are privileged under state law will not report prohibited conduct disclosed to them without written consent. Designation as a confidential resource under this policy only exempts such individuals from disclosure to the Title IX Coordinator. It does not affect other mandatory reporting obligations under state child abuse reporting laws, the Clery Act as a campus security authority, or other laws that require reporting to campus or local law enforcement.
Consent is knowing, voluntary and mutual decision among all participants to engage in sexual activity, expressed in words or actions. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct with that particular person or people.
Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity. If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). Past consent does not imply future consent. A current or previous dating relationship is not sufficient to constitute consent.
The existence of consent is based on the totality of the circumstances, evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred. Silence or the absence of resistance alone is not consent. Minors cannot consent to sexual activity except in limited circumstances dictated by law.
Consent can be withdrawn at any time during sexual activity through reasonable and clear communications through words or actions. When consent is withdrawn, sexual activity must stop.
Consent cannot be given if any of the following are present: Incapacitation, Force, or Coercion.
Days: any reference to days refers to business days when the College is in normal operation.
Hearing Officer: Trained professional designated by the College to decide responsibility, sanction, or appeals. A Hearing Officer may be one person or a panel of multiple people as determined by the College. Hearing Officer
Disclosure or Report: A disclosure or report may be made by anyone, whether they learned about conduct potentially constituting prohibited conduct under this policy, or whether they personally experienced such conduct. A person making a disclosure or report may or may not be seeking to initiate an investigation.
Finding: a written conclusion by a preponderance of the evidence, issued by an Investigator, that the conduct did or did not occur as alleged.
Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing and informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, or being under the influence of drugs or alcohol. This policy also covers a person whose incapacity results from temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs, or who are sleeping.
Under this policy, the College will consider whether a respondent knew or should have known the complainant to be incapacitated, based on an objective, reasonable person standard that assumes the reasonable person is both sober and exercising sound judgment. The fact that the respondent was unaware of the complainant’s incapacity due to the respondent’s own drug or alcohol use shall not be considered as an excuse.
No-Contact Directive: A No Contact Directive is a document issued by a College administrator that is designed to limit or prohibit contact or communications between the parties. A No-Contact Directive may be mutual or unilateral, with the exception that a No-Contact Directive issued as either a sanction or remedy shall be unilateral, directing that the respondent not contact the complainant.
Notice: All notices under this policy are written and sent to the student or employee’s assigned a Divine Word College email address or delivered via Certified Mail to the local or permanent address(es) of the parties as indicated in official College records, or personally delivered to the intended recipient.
Party/parties: Referring to complainant(s), respondent(s), or both/all complainant(s) and respondent(s).
Remedies: Remedies means measures provided, as appropriate, to a complainant or any other person Divine Word College identifies as having had their equal access to the College’s education program or activity limited or denied by sex discrimination or other prohibited conduct covered by this policy. These measures are provided to restore or preserve that person’s access to the education program or activity after the College determines that sex discrimination occurred. Only the complainant will be informed of any remedies pertaining to them. Some examples are academic support and/or opportunity to retake a class or resubmit work or time extensions on course or degree completion, or non-academic support such as counseling, or changes to work assignments or locations. The Title IX Coordinator is responsible for implementing remedies.
Respondent: an individual, or group of individuals such as a student organization, who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct under this policy; or retaliation for engaging in a protected activity.
Sanctions: One or more of the sanctions or disciplinary steps listed here may be imposed on a respondent who is found responsible for a violation of the College’s policies. Sanctions or disciplinary steps not listed here may be imposed in consultation with the Title IX Coordinator.
The form of sanction or discipline used will depend on the nature of the offense, as well as any prior disciplinary history. Such discipline or sanction will be imposed pursuant to and in accordance with any and all applicable College rules, policies, and procedures. Factors considered when determining a sanction/responsive action may include:
Student sanctions imposed are implemented when the decision is final (after an appeal, or, if there was no appeal, after the appeals period expires).
Faculty found responsible for violating this policy may be referred to the appropriate academic official for any other applicable processes.
Student: Any person who has (or will have) attained student status by way of:
1. Admission, housing or other service that requires student status.
2. Registration for one or more credit hours.
3. Enrollment in any non-credit, certificate or other program offered by Divine Word College.
Supportive Measures: Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:
Supportive measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; no-contact directives (which may be mutual or unilateral at the discretion of the Title IX Coordinator); and training and education programs related to sex-based harassment. Supportive measures are non-disciplinary and non-punitive. Supportive Measures will also be offered to respondents when they are notified of the allegations.
Divine Word College will offer and coordinate supportive measures as appropriate for the parties as applicable to restore or preserve their access to the College’s program or activity or provide support during the College’s alternative resolution process or resolution procedures. Prohibited Conduct under this policy have the right to request supportive measures from the College regardless of whether they desire to make a formal complaint.
A party may challenge the College’s decision to provide, deny, modify, or terminate supportive measures when such measures are applicable to them. An impartial employee will be designated to consider modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive measures. When the individual providing Supportive Measures is a Deputy Title IX Coordinator or other individual identified by the Title IX Coordinator to provide Supportive Measures, the Title IX Coordinator will be designated to consider the challenge regarding supportive measures. The impartial employee will typically respond to the challenge within five (5) days.
The Title IX Coordinator has the discretion to implement or modify supportive measures. Violation of the parameters of supportive measures may violate existing codes or handbooks.
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