Title IX Policy Against Sex Discrimination

TITLE IX POLICY AGAINST SEX DISCRIMINATION

I. TITLE IX NOTICE OF NON-DISCRIMINATION

In compliance with Title IX of the Education Amendments of 1972 and its regulations, Mildred Elley does not discriminate on the basis of sex and prohibits sex discrimination in the education programs or activities it operates, including employment, and admissions. All forms of sex-based discrimination, including sex-based harassment, are strictly prohibited by Mildred Elley. Inquiries regarding Title IX may be referred to the Title IX Coordinator(s) or to the Office for Civil Rights of the U.S. Department of Education, or both. Mildred Elley’s Title IX Coordinator(s) are as follows:

Bernard Price, President of NYC Campus — Phone: 212-380-9004 (Ext 1700)
Belinda Green, Dean, Albany Campus — Phone: 518-786-0855 (Ext 2224)
Danielle Giardina-Marchbanks, Interim Director of Pittsfield Campus – Phone 413-442-0333 (Ext 2257)

To locate Mildred Elley’s Title IX Policy Against Sex Discrimination, or to report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to www.mildred-elley.edu/about/disclosures/title-ix/

II. TITLE IX NON-DISCRIMINATION POLICY

Mildred Elley is strongly committed to maintaining an educational environment and workplace that is free from all forms of sex discrimination. In furtherance of this goal, Mildred Elley has adopted a grievance procedure for investigating and reaching a final determination regarding responsibility for conduct that may constitute sex discrimination under Title IX. The Title IX Grievance Procedure (“Grievance Procedure”) is set forth below in Sections V and VI. Mildred Elley must and will respond to all reports it receives of conduct that may constitute sex discrimination in a prompt and equitable manner.

This Policy shall apply to conduct that occurs on or after August 1, 2024. For conduct that occurred before August 1, 2024, please refer to Mildred Elley’s New York State Notification of Sexual Misconduct Policy.

The Chief Operating Officer shall have overall responsibility for implementing this Policy and shall annually appoint at least one Title IX Coordinator as that position is described in Section II.C below. Please find above contact information for the College’s Title IX Coordinator(s).

A. Definitions

“Complainant” –

A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or
A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged sex discrimination.

“Complaint” – an oral or written request to Mildred Elley that objectively can be understood as a request for Mildred Elley to investigate and make a determination about alleged sex discrimination under Title IX or its regulations.

“Days” – all references to “days” shall mean calendar days unless otherwise specified. If a deadline falls on a weekend or holiday, the deadline shall be extended to the next regular business day.

“Decision-Maker” – the person tasked with the responsibility of making determinations regarding responsibility. The CEO and President shall be responsible for designating the Decision-Maker on a case-by-case basis, in consultation with the Title IX Coordinator. The Decision-Maker may be the Title IX Coordinator, or any investigator appointed by the Title IX Coordinator to investigate a complaint of sex discrimination.

“Determination regarding responsibility” – the formal finding by the Decision-Maker on each allegation of sex discrimination contained in a Complaint that the Respondent did or did not engage in conduct constituting sex discrimination under Title IX.

“Disciplinary sanctions” – consequences imposed on a Respondent following a determination under Title IX that the Respondent violated the College’s prohibition on sex discrimination.

“Education program(s) or activity(ies)” – all of the operations of the College.

“Party” – a Complainant or Respondent.

“Pregnancy or related conditions” –

Pregnancy, childbirth, termination of pregnancy, or lactation;
Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

“Relevant” – related to the allegations of sex discrimination under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a Decision-Maker in determining whether the alleged sex discrimination occurred.

“Remedies” – measures provided, as appropriate, to a Complainant or any other person Mildred Elley identifies as having had their equal access to the College’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the College’s education program or activity after Mildred Elley determines that sex discrimination occurred.

“Respondent” – an individual who is alleged to have violated the College’s prohibition on sex discrimination.

“Retaliation” – intimidation, threats, coercion, or discrimination against any person by Mildred Elley, a student, or an employee or other person authorized by Mildred Elley to provide an aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

“Sex-Based Harassment” – sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is one or more of the following:

Quid pro quo harassment. An employee, agent, or other person authorized by Mildred Elley to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
1. The degree to which the conduct affected the Complainant’s ability to access the College’s education program or activity;
2. The type, frequency, and duration of the conduct;
3. The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which it occurred; and
5. Other sex-based harassment in the College’s education program or activity.
Specific offenses.
1. Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
2. Dating violence, meaning violence committed by a person:
  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
    1. the length of the relationship;
    2. the type of relationship; and
    3. the frequency of interaction between the persons involved in the relationship.
Domestic violence, meaning felony or misdemeanor crimes committed by a person who:
1. is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of New York State, or a person similarly situated to a spouse of the victim;
2. is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
3. shares a child in common with the victim; or
4. commits acts against a youth or adult victim who is protected from those acts under the laws of New York State.
Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
1. fear for the person’s safety or the safety of others; or
2. suffer substantial emotional distress.

“Supportive Measures” – non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Complaint or where no Complaint has been filed. Supportive measures may also be offered to provide support during the College’s Grievance Procedure or during an informal resolution process. Supportive measures are designed to restore or preserve that party’s access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment. Examples may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, leaves of absence, mutual restrictions on contact between the parties, and other similar measures.

“Title IX” of the Educational Amendments of 1972 – Generally stated, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

B. Scope of Prohibited Sex Discrimination

Under Title IX and this policy, and except as provided elsewhere in the law or regulations, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, extracurricular, or other education program or activity operated by the College. There are limited circumstances in which different treatment or separation on the basis of sex is permitted, such as sex-separate athletic teams. In those limited circumstances, Mildred Elley must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm. Adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with that person’s gender identity subjects that person to more than de minimis harm on the basis of sex.

Mildred Elley prohibits all forms of discrimination on the basis of sex, which includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. This prohibition extends to discrimination based on an individual’s perceived status, whether or not such perception is accurate.

Sex-based harassment is a form of sex discrimination prohibited by this policy and Title IX, and it includes harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. In order to be sex-based harassment prohibited by this policy and Title IX, the harassing conduct must also constitute conduct that is quid pro quo harassment, hostile environment harassment, sexual assault, dating violence, domestic violence, or stalking.

Mildred Elley is responsible for alleged sex discrimination that occurs under the College’s education program or activity. In that regard, Mildred Elley is only responsible for alleged discriminatory conduct over which it exercises disciplinary authority or otherwise has substantial control. Therefore, Mildred Elley may have a responsibility to address alleged sex discrimination that occurs off College property if Mildred Elley has disciplinary authority over the individuals or conduct at issue.

Mildred Elley also has an obligation to address sex-based hostile environments that are alleged to have occurred under its education program or activity, even when some of the conduct alleged to be contributing to the hostile environment has occurred outside the College’s education program or activity or outside the United States. Mildred Elley must evaluate the totality of the circumstances when determining whether there is a sex-based hostile environment in its education program or activity, which may require that Mildred Elley consider allegations about conduct that occurred outside of its education program or activity that may be contributing to the alleged sex-based hostile environment.

C. Title IX Coordinator

The College, through the Chief Operating Officer, shall designate at least one employee to serve as the Title IX Coordinator. In the event more than one employee is designated to serve as a Title IX Coordinator, the CEO and President is responsible for designating one of the College’s Title IX Coordinators to retain ultimate oversight over the College’s compliance with its responsibilities under Title IX.

One of the chief responsibilities of any Title IX Coordinator is to monitor the College’s education programs or activities for barriers to reporting information about conduct that reasonably may constitute sex discrimination under Title IX and take steps reasonably calculated to address such barriers. In this regard, once a barrier to reporting sex discrimination is identified, the Title IX Coordinator(s) must take steps to address such barrier, which should be tailored to the specific impediments and obstacles at issue.

The Title IX Coordinator(s) shall be responsible for coordinating the College’s efforts to comply with its responsibilities under Title IX. In this regard, the Title IX Coordinator(s) shall receive general reports and complaints of sex discrimination and shall coordinate the College’s responses to such reports or complaints so that the same are resolved in a prompt and equitable manner. When the Title IX Coordinator(s) is notified of conduct that reasonably may constitute sex discrimination, the Title IX Coordinator(s) must take the following specific actions to promptly and effectively end any sex discrimination in the College’s education program or activity, prevent its recurrence, and remedy its effects:

1. 1. Treat the Complainant and Respondent equitably;
  2. Offer and coordinate supportive measures, as appropriate, for the Complainant. If the College’s grievance procedures are initiated or an informal resolution process is offered, the Title IX Coordinator(s) must also offer and coordinate supportive measures, as appropriate, for the Respondent;
  3. Notify the Complainant, or if the Complainant is unknown, the individual who reported the conduct, of the College’s grievance procedures and the informal resolution process, if available and appropriate;
  4. If a complaint is made, notify the Respondent of the College’s grievance procedures and the informal resolution process, if available and appropriate;
  5. In response to a complaint, initiate the College’s grievance procedures or the informal resolution process, if available and appropriate and requested by all parties;
  6. In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, determine whether to initiate a complaint of sex discrimination that complies with the College’s grievance procedures;
  7. If initiating a complaint on their own, notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing supportive measures;
  8. Regardless of whether a complaint is initiated, take other appropriate prompt and effective steps, in addition to steps necessary to effectuate the remedies provided to an individual Complainant, if any, to ensure that sex discrimination does not continue or recur within the College’s education program or activity.

The Title IX Coordinator(s) is not required to take any of these specific actions if the Title IX Coordinator(s) reasonably determines that the conduct as alleged could not constitute sex discrimination under Title IX.

The Title IX Coordinator(s) may delegate specific duties to one or more designees who are best positioned to perform them and avoid conflicts of interest, if appropriate. This may include, but is not limited to, designating other individuals to serve as an investigator, Decision-Maker, or informal resolution process coordinator. In the event the Title IX Coordinator(s) makes such a delegation, the Title IX Coordinator(s) is still ultimately responsible for ensuring compliance with Title IX.

D. Training

The following categories of individuals must receive training related to their duties under Title IX promptly upon hiring or change of position that alters their duties under Title IX, and annually thereafter:

All College Employees. All employees of Mildred Elley must be trained on:
1. The College’s obligation to address sex discrimination in its education program or activity;
2. The scope of conduct that constitutes sex discrimination under Title IX, including the definition of sex-based harassment; and
3. All applicable notification and information requirements under this Policy.
Investigators, Decision-Makers, and Other Responsible Persons. In addition to the training requirements applicable to all employees, all investigators, Decision-Makers, and other persons who are responsible for implementing the College’s grievance procedures or have the authority to modify or terminate supportive measures must be trained on the following topics to the extent related to their responsibilities:
1. The College’s obligations to promptly and effectively respond to conduct that reasonably may constitute sex discrimination;
2. The College’s grievance procedure;
3. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
4. The meaning and application of the term “Relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance.
Title IX Coordinator(s) and Designees. In addition to the training requirements applicable to all employees, the Title IX Coordinator(s) and any designees must be trained on their specific responsibilities, the College’s recordkeeping system and the recordkeeping requirements of Title IX, and any other training necessary to coordinate the College’s compliance with Title IX.
Facilitators of Informal Resolution Processes. In addition to the training requirements applicable to all employees, all facilitators of an informal resolution process must be trained on the rules and practices associated with the College’s informal resolution process and on how to serve impartially, including by avoiding conflicts of interest and bias.

The training materials for the individuals identified in this paragraph shall be available to the public for inspection upon request.

E. Confidentiality

Mildred Elley will respect the confidentiality of a Complainant and Respondent as much as possible, yet some information may need to be disclosed to appropriate individuals or authorities. All disclosures shall be consistent with the College’s legal obligations and the necessity to investigate allegations of sex discrimination and take appropriate action in response thereto. Examples of required disclosures include:

Information to either party to the extent necessary to provide the parties due process during the Grievance Procedure;
Information to individuals who are responsible for handling the College’s investigation and determination regarding responsibility to the extent necessary to complete the College’s Grievance Procedure;
Mandatory reports of child abuse or neglect; and
Information to the Complainant and the Respondent and parent/guardian (if applicable) as required by this Policy and/or the Family Educational Rights and Privacy Act (“FERPA”).

Additionally, any supportive measures offered to the Complainant or the Respondent shall remain confidential to the extent that maintaining such confidentiality would not impair the ability of Mildred Elley to provide the supportive measures.

Except as specified above, Mildred Elley shall keep confidential to the extent permitted by law the identity of (1) any individual who has made a report or complaint of sex discrimination; (2) any Complainant or Respondent; (3) any individual who has been reported to be the perpetrator of sex discrimination; and (4) any witness.

F. Retaliation Prohibited

Retaliation, including peer retaliation, against any person who makes a report or complaint of sex discrimination, or against any person who assists, participates, or refuses to participate in any investigation of an act alleged in violation of this Policy is strictly prohibited. For purposes of this Policy, “peer retaliation” means retaliation by one student against another student. Mildred Elley further prohibits any other intimidation, threats, coercion or discrimination against anyone for the purpose of interfering with any right or privilege secured by Title IX. Charging an individual with Code of Conduct violations that arise out of the same facts or circumstances as a report or complaint of sex discrimination, for the purpose of interfering with any right or privilege secured by Title IX, also constitutes retaliation and is strictly prohibited.

However, charging an individual with a violation of the Code of Conduct or other applicable policy or rule for making a materially false statement in bad faith, or for submitting materially false information in bad faith, in the course of a grievance proceeding does not constitute retaliation. Please note that a determination regarding responsibility alone is not sufficient to conclude that any party made a materially false statement in bad faith.

If Mildred Elley has information about conduct that reasonably may constitute retaliation under Title IX, Mildred Elley is obligated to comply with the requirements of this Policy and treat the conduct as it would conduct that may constitute sex discrimination.

Complaints of retaliation in connection with this Policy will be handled in accordance with this Policy. Individuals who are found to have engaged in retaliation may be subject to disciplinary action.

G. Conflict of Interest

No person designated as a Title IX Coordinator, investigator, Decision-Maker, nor any person designated by Mildred Elley to facilitate an informal resolution process, may have a conflict of interest or bias for or against Complainants or Respondents generally, or against an individual Complainant or Respondent.

H. Dissemination and Notice

Mildred Elley must provide a notice of nondiscrimination to students; employees; applicants for admission and employment; and all unions and professional organizations holding collective bargaining or professional agreements with the College. Mildred Elley shall publish on its website this Policy and shall prominently display on its website the contact information for the Title IX Coordinator(s) and the Title IX Notice of Non-Discrimination (see Section I, above). Mildred Elley shall also publish that information in any student or employee handbooks that it may produce, as well is any catalog, announcement, bulletin, and application form made available to persons listed above who are entitled to notice herein, or which are otherwise used in connection with the recruitment of students or employees. If necessary, due to format or size of the publication, Mildred Elley may instead include in those publications a statement that Mildred Elley prohibits sex discrimination in any education program or activity that it operates and that individuals may report concerns or questions to the Title IX Coordinator and prove the location of the notice on the College’s website. Mildred Elley shall take any other steps that may be necessary in order to notify students, employees, applicants for admission or employment, and all unions or professional organizations holding collective bargaining or professional agreements with Mildred Elley of this Policy, the Title IX Coordinator’s contact information and the College’s notice of non-discrimination.

I. Records and Record Keeping

Mildred Elley will maintain the following for a period of seven (7) years:

For each complaint of sex discrimination, all records documenting the College’s informal resolution process or Grievance Procedure and the resulting outcome;
Any appeal and its result;
For each notification the Title IX Coordinator(s) receives of information about conduct that reasonably may constitute sex discrimination, records documenting the actions taken to address such conduct, including any supportive measures; and
All materials used to train College employees, the Title IX Coordinator(s), investigators, Decision-Maker(s), and any person who facilitates an informal resolution process.

III. COMPLAINTS OF SEX DISCRIMINATION

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the College investigate and make a determination about alleged discrimination under Title IX:

A “Complainant” as defined in Section II(B), above;
A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; and
The College’s Title IX Coordinator(s).

Please note that a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such a person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of this Policy.

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

Any student or employee of the College; and
Any person other than a student or employee of Mildred Elley who was participating or attempting to participate in the College’s education program or activity at the time of the alleged sex discrimination.

While Mildred Elley encourages complaints of sex discrimination to be made directly to the Title IX Coordinator(s), the complaint may be made to any College staff member, including, for instance, a counselor, instructor or administrator. When a College employee has information about conduct that reasonably may constitute sex discrimination under Title IX, such employee must notify the Title IX Coordinator(s) or provide the individual reporting such information with the contact information for the Title IX Coordinator(s) and information about how to make a complaint. In addition, all Mildred Elley employees, are required to report to the Title IX Coordinator(s) any conduct they witness or become aware of that may constitute sex discrimination under Title IX. Failure to comply with this requirement may subject Mildred Elley employees to discipline up to and including termination.

Although complaints of sex discrimination may be made in any manner that reasonably notifies Mildred Elley of the alleged conduct, attached to this policy is the College’s formal complaint form. This form will also be made available to Complainants upon advising Mildred Elley of their allegations, in the event they would like to memorialize the allegations in writing. The complaint form should be returned to the Title IX Coordinator(s) but may also be returned to any College employee. In the event a College employee is given a complaint form, such employee must immediately relay the form to the Title IX Coordinator(s).

In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator(s) may determine whether to initiate a complaint of sex discrimination on their own to begin Mildred Elley’s Grievance Procedure. This is a fact-specific determination that must be made in consideration of the following factors:

The Complainant’s request not to proceed with initiation of a complaint;
The Complainant’s reasonable safety concerns regarding initiation of a complaint;
The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
The age and relationship of the parties, including whether the Respondent is a College employee;
The scope of the alleged sex discrimination, including information suggesting a patter, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
The availability of evidence to assist a Decision-Maker in determining whether sex discrimination occurred; and
Whether Mildred Elley could end the alleged sex discrimination and prevent its recurrence without initiating its Grievance Procedures.

If, after considering these and other relevant factors, the Title IX Coordinator(s) determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents Mildred Elley from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator(s) may initiate a complaint.

Mildred Elley may consolidate complaints of sex discrimination against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of sex discrimination arise out of the same facts or circumstances, unless such consolidation would violate FERPA.

IV. COLLEGE RESPONSES

Upon the initiation of a complaint or when Mildred Elley otherwise becomes aware of conduct that reasonably may constitute sex discrimination in its education program or activity, Mildred Elley will promptly respond in order to effectively address the alleged sex discrimination and prevent its recurrence. The College’s response to reports of conduct that may constitute sex discrimination may consist of the provision of supportive measures, an informal resolution process, emergency removal/administrative leave, and/or initiation of the Grievance Procedure, as appropriate.

A. Supportive Measures

The Title IX Coordinator(s) is responsible for offering and coordinating Supportive Measures to the Complainant in accordance with this Policy upon notification of conduct that reasonably may constitute sex discrimination under Title IX. In addition, if the College has initiated the Grievance Procedure, or offered an informal resolution process to the Respondent, the Title IX Coordinator(s) is responsible for offering and coordinating supportive measures, as appropriate, for the Respondent. Supportive Measures may vary depending on what the Title IX Coordinator(s) deems to be reasonably available and appropriate. Supportive Measures may include, but are not limited to:

Escort services;
Counseling;
Extensions of deadlines and other class-related adjustments;
Restrictions on contact applied to one or more parties;
Leaves of absence;
Changes in class, work, or extracurricular or any other activity; and
Training and education programs related to sex discrimination and/or sex-based harassment.

For allegations of sex discrimination other than sex-based harassment or retaliation, the College is not required to alter the alleged discriminatory conduct for the purpose of providing a Supportive Measure.

Supportive Measures must not unreasonably burden either Party and must be designed to protect the safety of the parties or the College’s educational environment, or to provide support during the informal resolution process or Grievance Procedure. Additionally, Supportive Measures must not be imposed for punitive or disciplinary reasons. As appropriate, Supportive Measures may be modified or terminated at the conclusion of the informal resolution process or Grievance Procedure, or they may be continued beyond that point.

Complainants and Respondents must be provided with a timely opportunity to seek, from an appropriate and impartial College employee, modification or reversal of the decision to provide, deny, modify, or terminate Supportive Measures applicable to them. The impartial College employee must be someone other than the employee who made the challenged decision and must have authority to modify or reverse the decision if the decision to provide, deny, modify, or terminate the Supportive Measures was inconsistent with this Policy. A Party must also be provided with the opportunity to seek additional modification or termination of a Supportive Measure applicable to them if circumstances change materially.

Mildred Elley will not disclose information about any Supportive Measures to persons other than the person to whom they apply, including informing one Party of Supportive Measures provided to another Party, unless necessary to provide the Supportive Measure or restore or preserve a Party’s access to the College’s education program or activity, or when another exception applies consistent with the Confidentiality provisions of this Policy.

If the Complainant or Respondent is a student with a disability, the Title IX Coordinator(s) must consult with one or more members, as appropriate, of the student’s Section 504 team, if any, to determine how to comply with the requirements of Section 504 of the Rehabilitation Act of 1973 in the implementation of Supportive Measures.

B. Emergency Removal and Administrative Leave

At any point after receiving a report or complaint of conduct that may constitute sex discrimination, the Title IX Coordinator(s) (or other College official charged with a specific function under this Policy or applicable regulations, such as the investigator or Decision-Maker, for example) may request the Chief Operating Officer to direct that an individualized safety and risk analysis be performed to determine whether a Respondent should be removed from the College’s education program or activity. In the event that the safety and risk analysis determine that an imminent and serious threat to the health or safety of a Complainant or any students, employees or other persons arising from the allegations of sex discrimination justifies removal, Mildred Elley may remove the Respondent on an emergency basis, provided that such removal is in full compliance with a student’s 504 plan if applicable. Such emergency removal shall not be disciplinary. However, Mildred Elley must provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal and shall continue to offer educational programming until a final determination is made pursuant to the Grievance Procedure.

The Title IX Coordinator(s) shall keep the Chief Operating Officer and Chief Academic Officer informed of any employee Respondents so that he/she can make any necessary reports to the New York State Education Department. In appropriate cases, the CEO and President may place an employee Respondent on non-disciplinary administrative leave until a final determination on responsibility is made pursuant to the Grievance Procedure.

V. GRIEVANCE PROCEDURE FOR COMPLAINTS OF SEX DISCRIMINATION

Mildred Elley has adopted a Grievance Procedure that provides for the prompt and equitable resolution of Complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator(s), alleging any action that would be prohibited by Title IX or the Title IX regulations. These grievance procedures address complaints of sex discrimination.

A. Basic Provisions

Mildred Elley will treat Complainants and Respondents equitably throughout the Grievance Procedure and presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of the College’s Grievance Procedure.

Any Title IX Coordinator, investigator, or Decision-Maker must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A Decision-Maker may be the same person as the Title IX Coordinator or investigator.

Mildred Elley will take reasonable steps to protect the privacy of the Parties and witnesses during the Grievance Procedure. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the Grievance Procedure. The Parties are prohibited from engaging in retaliation, including against witnesses.

Mildred Elley will objectively evaluate all evidence that is Relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Mildred Elley to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are Relevant:

1. - Evidence that is protected under a privilege recognized by Federal or State law;
  - A Party’s or witness’s records that are maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless Mildred Elley obtains that Party’s or witness’s voluntary, written consent for use in its Grievance Procedures; and
  - Evidence that relates to a Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude a determination that sex-based harassment occurred.
B. Notice of Allegations

Following the initiation of the College’s Grievance Procedure:
1. 1. 1. The Title IX Coordinator will provide notice to the Complainant and to the Respondent (if known), as well as to any other known parties, of the following:
      1. the Grievance Procedure (and the Grievance Procedure for sex-based harassment involving student complainants or student respondents as provided in Section VI, below, if applicable), and any informal resolution process, if applicable;
      2. the allegations of sex discrimination, including sufficient information available at the time to allow the parties to respond to the allegations. “Sufficient information” shall include, to the extent known, the identities of persons involved, the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
      3. a statement that retaliation is prohibited; and
      4. a statement that each party is entitled to an equal opportunity to access the Relevant and not otherwise impermissible evidence or an accurate description of this evidence (and subsequently provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party).
    2. If, in the course of an investigation, Mildred Elley decides to investigate additional allegations of sex-based harassment by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.
    3. The Title IX Coordinator will contact the Complainant to discuss and offer supportive measures as appropriate.
    4. The Title IX Coordinator may, as applicable, contact the Respondent to discuss, and/or impose, non-disciplinary supportive measures.
    5. The Title IX Coordinator will examine the allegations in the complaint to determine whether the allegations, if assumed to be true, are sufficient to sustain a finding of sex discrimination under this Policy.
      1. If the Title IX Coordinator was not involved with preparing the complaint, the Title IX Coordinator will contact the Complainant to discuss the allegations in the complaint and whether amendment is appropriate. In the event that amendment is appropriate, the Title IX Coordinator shall immediately provide notice of the additional allegations to the parties whose identities are known.
      2. If the allegations set forth in the complaint are insufficient to sustain a finding of sex Discrimination under this Policy, the complaint shall be dismissed. Please refer to Section V.C, below, for additional details regarding dismissal, including additional grounds on which a complaint must/may be dismissed.
    6. If the formal complaint is not dismissed, then the Title IX Coordinator may consult with the CEO and President along with the Chief operating Officer with regard to designating an appropriate investigator and Decision-Maker, both of whom must be properly trained and otherwise qualified.
    7. Dismissal of a Complaint
Mildred Elley may dismiss a complaint of sex discrimination if:
1. 1. - the College is unable to identify the Respondent after taking reasonable steps to do so;
    - the Respondent is not participating in the College’s education program or activity and is not employed by the College;
    - the Complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the Title IX Coordinator determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
    - the Title IX Coordinator determines that the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the Title IX Coordinator will make reasonable efforts to clarify the allegations with the Complainant.
Upon dismissal, Mildred Elley will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then Mildred Elley will also notify the Respondent of the dismissal and the basis for the dismissal promptly following notification to the Complainant, or simultaneously if notification is in writing.

Mildred Elley will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then Mildred Elley will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:
1. 1. - procedural irregularity that would change the outcome;
    - new evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
    - the Title IX Coordinator, investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.
If a dismissal is appealed, Mildred Elley will:
1. 1. - notify the Parties of any appeal, including notice of the allegations if notice was not previously provided to the Respondent;
    - implement appeal procedures equally for the Parties;
    - ensure that the Decision-Maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
    - ensure that the Decision-Maker for the appeal has been trained consistent with the Title IX regulations and this Policy;
    - provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
    - notify the Parties of the result of the appeal and the rationale for the result.
When a complaint is dismissed, Mildred Elley will, at a minimum:
1. 1. - offer Supportive Measures to the Complainant, as appropriate;
    - if the Respondent has been notified of the allegations, offer Supportive Measures to the Respondent, as appropriate; and
    - take other prompt and effective steps, as appropriate, through the Title IX Coordinator(s) to ensure that sex discrimination does not continue or recur within the College’s education program or activity.
The dismissal of a complaint under Title IX does not preclude Mildred Elley from continuing any investigation or taking action under other applicable policies, rules or Code of Conduct of the College. In some cases, Mildred Elley may have an obligation to continue an investigation and proceed under a different policy or mandated process.
1. 1. 1. Investigation
Mildred Elley will provide for adequate, reliable, and impartial investigation of complaints. The burden is on the College—not the Parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred. The Title IX Coordinator will coordinate the investigation in accordance with his or her duties as Title IX Coordinator. The Title IX Coordinator may, but is not required to, designate an individual as the investigator. The investigator may but is not required to be a College employee, so long as such individual is appropriately trained and does not have a conflict of interest or bias prohibited by this Policy.

During the investigation, the Parties shall be provided with the same opportunities to have others present during any interview or other part of the investigation. The College, however, including the investigator, may establish restrictions regarding the extent to which an advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.

Mildred Elley will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory and exculpatory evidence that is Relevant and not otherwise impermissible. Mildred Elley will review all evidence gathered through the investigation and determine what evidence is Relevant and what evidence is impermissible regardless of relevance. Mildred Elley will provide each Party with an equal opportunity to access the evidence that is Relevant to the allegations of sex discrimination and not otherwise impermissible in the following manner:
1. 1. - Mildred Elley will provide an equal opportunity to access either the Relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If Mildred Elley provides a description of the evidence, Mildred Elley will provide the parties with an equal opportunity to access the Relevant and not otherwise impermissible evidence upon request of any Party;
1. 1. - Mildred Elley will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
1. 1. - Mildred Elley will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through the Grievance Procedures. Disclosure of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.
Mildred Elley will provide a process that enables the investigator and Decision-Maker, if different than the investigator, to question Parties and witnesses to adequately assess a Party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. Credibility determinations shall not be based on a person’s status as a Complainant, Respondent, or witness.

The investigator will prepare a written investigative report that:
1. 1. - fairly summarizes the Relevant and not otherwise impermissible evidence;
    - identifies allegations potentially constituting sex discrimination;
    - describes the procedural steps taken from receipt of the report or complaint of sex discrimination through the preparation of the investigative report, including notifications to the Parties, interviews with Parties and witnesses, site visits, and any methods used to gather other evidence; and
    - addresses any witness credibility issues, if applicable.
The completed investigative report shall be provided in hard copy or electronic format to each Party and to the Title IX Coordinator and Decision-Maker, if different than the investigator. The Title IX Coordinator shall ensure that the report is provided to the appropriate individuals. In transmitting the report to the Parties, the Parties shall be notified in writing that they have ten (10) days from the date on which the report is transmitted to submit a written response to the report, if they desire; and such written response must be sent directly to the investigator.
1. 1. 1. Determination Regarding Responsibility and Decision-Maker
The determination regarding responsibility of a Respondent shall be made by the Decision-Maker, which may be the Title IX Coordinator or investigator, if an investigator was appointed to investigate the complaint of sex discrimination. In addition to allowing the parties an opportunity to submit a written response to the investigative report as well as relevant questions, per the above, the Decision-Maker shall adhere to the following in rendering a determination regarding responsibility:
1. 1. 1. The Decision-Maker may not make any credibility determinations based on the person’s status as a Complainant, Respondent or witness. The Respondent must be deemed to be not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Grievance Procedure.
    2. In rendering his or her determination regarding responsibility, the Decision-Maker shall apply a preponderance of evidence standard, which requires evidence establishing that it is more likely than not that Respondent engaged in sexual harassment in violation of this Policy. This standard of proof requires the Decision-Maker to evaluate Relevant and not otherwise impermissible evidence for its persuasiveness. If the Decision-Maker is not persuaded by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the Decision-Maker will not determine that sex discrimination occurred.
    3. The Decision-Maker will notify the Parties in writing, copying the CEO and President, Chief Operating Officer, and Title IX Coordinator (if different than the Decision-Maker), of the determination whether sex discrimination occurred under Title IX, including the rationale for such determination, the procedures and permissible bases for the complainant and respondent to appeal, if applicable. Such notice will be issued within fifteen (15) business days after the close of the period for written response to the investigator’s report.
    4. The determination regarding responsibility shall become final on the date on which an appeal would no longer be considered timely, or if an appeal is timely filed, when Mildred Elley provides the parties with the written determination of the result of the appeal.
    5. If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
      1. Coordinate the provision and implementation of remedies to the Complainant and other individuals identified as having had equal access to Mildred Elley’s education program or activity limited or denied by sex discrimination;
      2. Coordinate the imposition of any disciplinary sanctions on the Respondent, including notification to the Complainant of any such disciplinary sanctions; and
      3. Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Mildred Elley’s education program or activity.
    6. The Grievance Procedure in this Policy must be complied with before any imposition of disciplinary sanctions against a Respondent, and no discipline may be imposed on a Respondent for sex discrimination prohibited by Title IX or this Policy unless there is a determination at the conclusion of the Grievance Procedure that the Respondent engaged in prohibited sex discrimination.
    7. Mildred Elley may not discipline a Party, witness, or other individual participating in this Grievance Procedure for making a false statement or for engaging in consensual sexual conduct based solely on a determination of whether sex discrimination occurred. This does not prevent Mildred Elley from imposing discipline on an individual for making false statements based on evidence other than or in addition to the outcome of the Grievance Procedure.
    8. Remedies Upon Final Determination Regarding Responsibility
    9. Remedies must be designed to restore or preserve equal access to Mildred Elley’s education program or activity. Remedies may include supportive measures and/or disciplinary sanctions, as appropriate under the circumstances.
    10. Disciplinary sanctions against an employee Respondent may include any sanction available for the discipline of employees, up to and including dismissal, in accordance with any applicable collective bargaining agreement as well as any applicable state or federal laws or regulations.
    11. Disciplinary sanctions against a student Respondent may include any available discipline or sanction, up to and including expulsion, pursuant to Mildred Elley’s Code of Conduct, and any other applicable policies or rules, and in accordance with any applicable state or federal laws or regulations.
    12. Appeals Process
    13. Complainant(s) or Respondent(s) may appeal from a determination regarding responsibility, or from a dismissal of a complaint or any allegations therein, on the following bases only:
      1. Procedural irregularity that affected the outcome of the matter;
      2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
      3. The Title IX Coordinator, investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
    14. Appeals for any other reason, or upon any determination regarding responsibility not included in the written appeal, will not be heard.
    15. An appeal must be filed within seven (7) days from the date on which the determination regarding responsibility is transmitted to the parties. An appeal must be submitted in writing to the Title IX Coordinator, with a copy to the Chief Operating Officer, and shall state with particularity the basis(es) for the appeal as well as all information and evidence in support of the basis(es) identified. Appellants should include with the appeal any documentary or electronic evidence in support of the appeal. Any supportive measures shall remain in place during the pendency of an appeal unless a change in circumstances warrants modifications to those measures.
    16. Following receipt of the appeal, the Title IX Coordinator shall notify all Parties in writing of the appeal, any deadlines associated with the appeal process, and the individual who will decide the appeal (i.e. the CEO and President or a member of Mildred Elley’s Administration who is not the Title IX Coordinator, investigator or Decision-Maker, who does not have a conflict of interest, and who underwent the training specified in this Policy). The non-appealing Party(ies) shall also be provided a copy of the appeal and any information submitted in connection with the appeal.
    17. Either Party may submit a written statement in response to the appeal, whether in support of or challenging the outcome. Any such written statement must be received by the Title IX Coordinator, with a copy to the individual who will decide the appeal, within seven (7) days from the date on which the appeal was transmitted to the non-appealing Party(ies). Each Party which submits a written statement shall simultaneously provide a copy to the other Party(ies) and to the Title IX Coordinator.
    18. The individual who will decide the appeal, in rendering a decision on the appeal, shall consider the record as well as any statements or information submitted by the Parties in connection with the appeal.
    19. The individual who will decide the appeal shall issue a written decision within ten (10) business days after the deadline for either Party to submit a written statement in response to the appeal. The written decision shall describe the result of the appeal and the rationale. The decision may deny or grant the appeal, in whole or in part, and may but is not required to refer an appealed issue back to a prior point in the Grievance Procedures, if appropriate under the circumstances. The written decision shall be provided to both Parties as well as the Title IX Coordinator.
    20. Informal Resolution
At any time prior to a determination regarding responsibility under Mildred Elley’s Grievance Procedure, Mildred Elley may offer the Parties the option to proceed with an informal resolution process that does not involve a full investigation and adjudication of the complaint of sex discrimination. Mildred Elley, through the Title IX Coordinator(s), has discretion to determine whether it is appropriate to offer an informal resolution process when it receives information about conduct that reasonably may constitute sex discrimination under Title IX or when a complaint of sex discrimination is made. Mildred Elley may decline to offer informal resolution despite one or more of the Parties’ wishes, such as when the alleged conduct would present a future risk of harm to others. In no event may Mildred Elley offer or facilitate an informal resolution process to resolve allegations that a Mildred Elley employee engaged in sex-based harassment of a student or when such a process would conflict with federal, state, or local law.

Before initiation of an informal resolution process, the Title IX Coordinator must provide a notice to the Parties that explains:
1. 1. - The allegations;
    - The requirements of the informal resolution process;
    - That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume Mildred Elley’s Grievance Procedure;
    - That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming Grievance Procedure arising from the same allegations;
    - The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
    - What information Mildred Elley will maintain and whether and how Mildred Elley could disclose such information for use in the Grievance Procedure if the Grievance Procedure is initiated or resumed.
An informal resolution process may only be initiated if Mildred Elley obtains the Parties’ voluntary written consent to the informal resolution process. The facilitator for any informal resolution process must not be the same individual as the investigator or Decision-Maker in Mildred Elley’s Grievance Procedure. Any individual designated to facilitate an informal resolution process must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent and must have received the applicable training.

If the Parties consent to the informal resolution process, Mildred Elley will attempt to complete that process within thirty (30) days. If at any point during the informal resolution process it is determined that the allegations are unlikely to be resolved, Mildred Elley reserves the right to resume the Grievance Procedure.
1. 1. 1. Timeframe of Grievance Procedure
Mildred Elley shall make a good faith effort to conduct a fair, impartial Grievance Procedure in a timely manner designed to provide all Parties with a prompt and equitable resolution. It is expected that in most cases, the Grievance Procedure will be concluded through at least the determination regarding responsibility within ninety (90) days after initiation of the Grievance Procedure. In more complex cases, where a determination regarding responsibility cannot reasonably me made within that time frame, additional time may be required in order to complete a fair and thorough investigation, or to complete other aspects of the Grievance Procedure.

Delays and Extensions of Time. At any stage of the Grievance Procedure, Mildred Elley may for good cause allow for temporary delays or extensions of time upon request of either Party, or on its own initiative. Examples of good cause may include such things as availability of Parties or witnesses; school or school administrative office holidays or vacations; school recess periods; referral back to an earlier stage of the Grievance Procedure; concurrent law enforcement or other agency activity; or need to obtain interpreters or accommodation of disabilities. For any such delay or extension of time, the Title IX Coordinator, Chief Operating Officer or any other individual appointed to play a role in the Grievance Procedure will provide written notice to the Parties of the delay/extension and the reason(s).
1. 1. 1. GRIEVANCE PROCEDURES FOR SEX-BASED HARASSMENT INVOLVING STUDENT COMPLAINANTS OR STUDENT RESPONDENTS
Mildred Elley has adopted a Grievance Procedure that provide for the prompt and equitable resolution of Complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator(s), alleging any action that would be prohibited by Title IX or the Title IX regulations. The grievance procedures set forth above in Section V shall be used except as otherwise indicated below to address complaints of sex-based harassment that involve a student party.
1. 1. 1. Initial Determination
When a party is both a student and an employee of the College, Mildre Elley will make a fact-specific inquiry to determine whether the requirements of this Section VI apply. In making this determination, the College will, at a minimum, consider whether the party’s primary relationship with the College is to receive an education and whether the alleged sex-based harassment occurred while the party was performing employment-related work.
1. 1. 1. Written Notice of Allegations
Upon initiation of the College’s sex-based harassment grievance procedures, the College must provide written notice to the parties whose identities are known with sufficient time for the parties to prepare a response before any initial interview. The written notice must include all information required under Section V, above, and also inform the parties that:
1. 1. - The Respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures and that prior to the determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
    - They may have an advisor of their choice, an that advisor may be, but is not required to be, an attorney;
    - They are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence; and if the College provides access to an investigative report, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party; and
    - The College’s Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance procedure.
If, in the course of an investigation, the College decides to investigate additional allegations of sex-based harassment by the Respondent toward the Complainant that are not included in a previous written notice of allegations, or that are included in a complaint that is consolidated, the College will provide written notice of the additional allegations to the parties whose identities are known.

To the extent the College has reasonable concerns for the safety of any person as a result of providing this notice, the College may reasonably delay providing written notice of the allegations in order to address the safety concern appropriately. Reasonable concerns must be based on individualized safety and risk analysis and not on mere speculation or stereotypes.
1. 1. 1. Dismissal of Complaint
When dismissing a complaint alleging sex-based harassment involving a student complainant or student respondent, the College must:
1. 1. - Provide the parties, simultaneously, with written notice of the dismissal and the basis for the dismissal, if dismissing a complaint for reasons listed below, except if the dismissal occurs before the Respondent has been notified of the allegations, in which case the College will provide such written notice only to the Complainant.
      - The College is unable to identify the Respondent after taking reasonable steps to do so;
      - The Respondent is not participating in the College’s education program or activity and is not employed by the College;
      - The Complainant voluntarily withdrew any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a complaint, and the College determines that, without the Complainant’s withdrawn allegations, the conduct the remains alleged in the complaint, if any, would not constitute sex-discrimination under Title IX; or
      - The College determines, after making reasonable efforts to clarify the allegations with the Complainant, the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX.
    - Obtain the Complainant’s withdrawal in writing if dismissing a complaint based on the Complainant’s voluntary withdrawal of the allegations.
    1. Investigation
When investigating a complaint alleging sex-based harassment involving a student party, the College will:
1. 1. - Provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate;
    - Provide the Parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding; however, the College may establish restrictions regarding the extent to which the advisor may participate in the grievance procedures, as long as the restrictions apply equally to the parties;
    - Provide the Parties with the same opportunities, if any, to have persons other than the advisor of the parties’ choice present during any meeting or proceeding;
    - Have discretion to determine whether the Parties may present expert witnesses as long as the determination applies equally to the parties;
    - Allow for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice to the parties that includes the reason for the delay; and
    - Provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:
      - Provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence. If the College provides access to an investigative report, it must further provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
      - Provide the parties with a reasonable opportunity to review and respond to the evidence or the investigative report prior to the determination whether sex-based harassment occurred;
      - Take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures. For purposes of this paragraph, disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex-based harassment are authorized.
    1. Questioning the Parties and Witnesses
Mildred Elley will provide a process that enables the Decision-Maker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.

Mildred Elley’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will:
1. 1. - Allow the investigator or Decision-Maker to ask such questions during individual meetings with a party or witness;
1. 1. - Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the investigator or Decision-Maker during one or more individual meetings, including follow-up meetings, with a party or witness, subject to the procedures for evaluating and limiting questions discussed below; and
1. 1. - Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.
The Decision-Maker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The Decision-Maker will give a party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

The Decision-Maker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Decision-Maker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.
1. 1. 1. Written Determination Whether Sex-Based Harassment Occurred
The Decision-Maker will provide the determination whether sex-based harassment occurred in writing to the parties simultaneously. The written determination must include:
1. 1. - A description of the alleged sex-based harassment;
    - Information about the policies and procedures that the College used to evaluate the allegations;
    - The Decision-Maker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;
    - When the Decision-Maker finds that sex-based harassment occurred, any disciplinary sanctions that the College will impose on the Respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the College to the Complainant, and, to the extent appropriate, other students identified by the College to be experiencing the effects of the sex-based harassment; and
    - The College’s procedures for the Complainant and respondent to appeal.
The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.
1. 1. 1. Appeals
The College will offer the parties an appeal from a determination whether sex-based harassment occurred, and from the College’s dismissal of a complaint or any allegations therein, on the following bases:
1. 1. - Procedural irregularity that would change the outcome;
    - New evidence that would change the outcome and that was not reasonably available when the determination whether sex-based harassment occurred or dismissal was made; and
    - The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
As to all appeals, the College will comply, in writing, with the requirements provided in Section V, above, concerning allegations of sex-discrimination.
1. 1. 1. Informal Resolution
The College will offer an informal resolution process for complaints of sex-based harassment as provided to complaints of sex-based discrimination; and inform the Parties in writing of the offer of informal resolution and their rights and responsibilities in the informal resolution process and will otherwise comply with the requirements set forth above in Section V(H).

Download: Complaint of Discrimination or Harassment Form