Former Title IX Policy (2020)

Below is the former policy and procedures (2020) for addressing complaints of sex-based discrimination, including Sexual Harassment and gender-based violence.

Introduction

Members of the Albion College community have the right to be free from all forms of discrimination on the basis of sex, including Sexual Harassment, which impede the realization of the College’s mission as an undergraduate, liberal arts institution committed to academic excellence. As such, Albion College does not discriminate on the basis of sex and is committed to providing an educational environment free from sex discrimination and Sexual Harassment. Sexual harassment is a violation of College policy, state and federal civil rights laws, and may violate state and federal criminal laws. When the College has Actual Knowledge of an allegation of sex discrimination or Sexual Harassment, and a Respondent is found to have violated this policy, the College will issue appropriate sanctions to prevent future misconduct. 

As a recipient of federal funding, the College is required to comply with Title IX of the Higher Education Amendments of 1972, 10 U.S.C. § 1681 et seq. (Title IX). Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in educational programs and activities. Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity.

Scope

This policy applies to all employees, students, volunteers, vendors, and visitors of Albion College.

Jurisdiction

This policy applies to alleged Sexual Harassment that takes place in the College’s educational programs or activities, against a person in the United States including locations, events, or circumstances over which the College exercised significant control over both the Respondent and the context in which the Sexual Harassment occurred. This policy also applies to alleged Sexual Harassment that occurs off-campus, including virtual spaces, or in any building owned or controlled by a student organization that is officially recognized by the College. 

In situations not covered above, but where the Sexual Harassment undermines the security of the College community or the integrity of the educational process or poses a serious threat to self or others, other applicable College procedures for general misconduct may be applied.

The College reserves the right to take whatever measures it deems necessary in response to an allegation of Sexual Harassment in order to protect the rights and personal safety of students, employees, and other members of the College Community. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and reporting the matter to local police. Not all forms of Sexual Harassment will be deemed to be equally serious offenses, and the College reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The College will consider the concerns and rights of both the Complainant and the Respondent.

Privacy

Information received in connection with the reporting, investigation, and resolution of allegations under this policy will be treated as private and will only involve individuals the College determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate College functions, or when the College is required to provide information under the law.

Policy Maintenance

This policy is managed by the Title IX Coordinator and the President of Albion College, and is reviewed annually.

Definitions

The following definitions of terms and prohibited behaviors apply to this policy:

Actual Knowledge 

Under existing regulations, the College’s duty to act under Title IX is triggered when it has Actual Knowledge of an alleged violation. Albion College has Actual Knowledge when the College’s Title IX Coordinator receives a report or notice of alleged Sexual Harassment.

Adviser

An individual who assists a Complainant or Respondent in the Title IX hearing process. An Adviser may, but need not be, an attorney. 

Complainant

An individual who is reported to have experienced conduct prohibited by this policy, regardless of whether that individual makes a report or participates in the review of that report by the College, and regardless of whether that person is a member of the College Community.

Decision Maker

The administrator(s) who oversee(s) any hearing or appeal which takes place as part of the formal resolution process. The Decision Maker determines whether College policy has been violated. 

Formal Complaint

A complaint filed by the Complainant or the College’s Title IX Coordinator that triggers the College’s full investigation and hearing process under Title IX.

Investigator

An individual assigned by the Title IX Coordinator to investigate the alleged Sexual Harassment and oversee the investigative hearing.

Respondent

An individual who is reported to have engaged in conduct prohibited by this policy.

Retaliation

Any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or Sexual Harassment.

Student

An individual to whom an offer of admission has been extended, paid an acceptance fee, registered for classes, or otherwise entered into another agreement with the College to take instruction. Student status lasts until an individual graduates, is suspended or expelled, or is not in attendance for two complete, consecutive terms, and includes those with a continuing educational relationship with the College. The College reserves the right to administer this policy and proceed with any process provided by this policy even if the Student withdraws from the College, is no longer enrolled in classes, or subsequently fails to meet the definition of a Student while a disciplinary matter is pending.

Title IX Coordinator

The designated College official with primary responsibility for coordinating the College’s compliance with Title IX. This individual provides leadership for Title IX activities; offers consultation, education, and training; and helps to ensure that the College responds appropriately, effectively, and equitably to all Title IX issues. The only individuals who can file a Formal Complaint alleging Sexual Harassment under this policy are the Title IX Coordinator and the alleged Complainant. Any reference to the Title IX Coordinator in this policy may also include a designee of the Title IX Coordinator to fulfill their role.

Sexual Harassment

The following constitute acts of Sexual Harassment under this policy:

1. An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
2. 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 recipient’s education program or activity; or
3. Sexual Assault, Dating Violence, Domestic Violence, or Stalking, as defined in this policy.

Sexual Assault

Sexual Assault is any sexual activity initiated by an individual that occurs without consent of the individual to whom the sexual activity is directed and/or by force or coercion, including non-consensual sexual contact and non-consensual sexual intercourse.

1. Non-consensual sexual contact is any intentional sexual touching, however slight, with any object or body part, by a person upon another person that is without consent and/or by force or coercion.  Non-consensual sexual contact includes intentional contact with the breasts, buttocks, groin, or genitals, or the clothing covering those parts; or touching others with any of these body parts, clothed or unclothed; or any other intentional bodily contact in a sexual manner.
2. Non-consensual sexual intercourse is penetration, however slight, with any object or body part, of the vagina or anus, or fellatio or cunnilingus that is without consent and/or by force or coercion.

Consent

Consent is willingly and verbally agreeing to specific sexual contact or conduct. No one who has been forced or coerced into sexual activity can consent. No one who is impaired by alcohol, other drugs, prescribed medication, mental disability, sleep, or involuntary physical restraint can consent.

1. Force is the use or threatened use of physical force or violence against a person.
2. Coercion is unreasonable pressure for sexual activity, including continued pressure for sexual activity once an individual communicates disapproval for that activity, non-physical threats, or implied threats. Factors to be considered include, but are not limited to, the intensity and duration of the conduct.
3. Impairment is a state when an individual cannot make rational, reasonable decisions because they lack the capacity to give knowing Consent (e.g., to understand the “who, what, when, where, why, or how” of the sexual interaction). Engaging in sexual activity with an individual who one knows or reasonably should know to be impaired is a violation of this policy. Being impaired by alcohol or other drugs will never function as a defense for any behavior that violates this policy.  

Dating Violence

Dating violence occurs in a relationship of a romantic and intimate nature.  Dating violence may occur in either of the following two ways:

1. An intentional pattern of assaultive and controlling behaviors that cause fear, degradation, or humiliation.  These behaviors may include, but are not limited to, threats, including threats to leave the individual or threats of self-harm, destruction of property, or orally abusive behavior.
2. Any use or threatened use of physical force or violence, including sexual assault or other nonconsensual sexual activity.

Domestic Violence

Domestic violence occurs in the following relationships: spouses or former spouses, individuals who are or were in a dating relationship, or individuals who have a child in common.  Domestic violence may occur in either of the following two ways:

1. An intentional pattern of assaultive and controlling behaviors that cause fear, degradation, or humiliation.  These behaviors may include, but are not limited to, threats, including threats to leave the individual or threats of self-harm, destruction of property, or orally abusive behavior.
2. Any use or threatened use of physical force or violence, including sexual assault or other nonconsensual sexual activity.

Stalking

Stalking is defined as repeated and intentional conduct directed at an individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the individual to whom the conduct is directed to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

Reporting

Employees, students, volunteers, vendors, and visitors of Albion College, or any other individual should report an allegation of sex discrimination or Sexual Harassment to Kelly Finn, Assistant Dean of Student Development and the College’s Title IX Coordinator in any of the following ways:

• Kelly Finn

  Assistant Vice President for Student Development

  Title IX Coordinator

  Office: Ferguson Hall 324
  Email: [email protected]
  Phone: 517/629-0195
  

Individuals may also make a report to law enforcement, but it is not required in order to report to the College. Individuals may request assistance from the Title IX Coordinator in reporting to law enforcement.

Confidential Resources

The College encourages individuals who have experienced sex discrimination or Sexual Harassment to utilize confidential resources on campus and in the community.

Mandatory Reporting

All College employees, except those exempted by legal privilege of confidentiality or expressly identified below, have an obligation to report allegations of Sexual Harassment, including Sexual Assault, Dating Violence, Domestic Violence, and Stalking to the College’s Title IX Coordinator. Any employee who receives a disclosure of Sexual Harassment or becomes aware of information that would lead a reasonable person to believe that Sexual Harassment may have occurred involving anyone covered under this policy, must report all known information. Employees who have an obligation to report under this policy should still treat this information as private, and only share with individuals as necessary under this policy.

Employees exempt from Mandatory Reporting include:

• Professional counselors working in Counseling Services;
• Staff working within the Anna Howard Center for Gender Equity;
• Employees and students serving as Sexual Assault Advocates (SAAs).

Mandatory reporters are not required to report to a Title IX Coordinator incidents that students share during a protest, vigil, “Take Back the Night” event, or other public awareness or advocacy event.  

Employees who are exempt from Mandatory Reporting under this policy may still have reporting obligations as required by law or other College policies. Corrective action may be taken against any employee who has a duty to report and who fails to respond in a manner consistent with this policy.

Retaliation

Retaliation is prohibited both by College policy and by the law. The College will not tolerate Retaliation in any form against any individual who makes an allegation, files a report, serves as a witness, assists a Complainant, or participates in an investigation of sex discrimination or Sexual Harassment. Retaliation is a serious violation that can subject the offender to discipline, up to and including termination of employment and suspension or expulsion of a Student, independent of the merits of the underlying allegation. Allegations of Retaliation should be reported to the Title IX Coordinator.

Resolution Options

The Title IX Coordinator reviews all reports of Sexual Harassment or discrimination under this policy. The available resolution options will be guided by the availability of information or evidence suggesting that a policy violation may have occurred; the College’s obligation to investigate and provide appropriate remedies to eliminate, prevent, and address the effects of the prohibited conduct; and the desire of the Complainant to participate in an investigation or other resolution. Upon completion of an initial assessment, the Title IX Coordinator will determine the available options for resolution and will communicate the options to the parties.

Informal Resolution

Informal resolution may be utilized in some circumstances if the College deems appropriate and both parties agree to it. Informal resolution is not permitted when the allegations involve an employee and a student.

Investigative Resolution

Reports of Sexual Harassment will be resolved through investigative resolution when the alleged Sexual Harassment, if true, would be prohibited under applicable College policy. In instances when informal resolution is inappropriate, when the Complainant requests, or when the College requires formal investigation, the College will consider the concerns and rights of all parties and provide a prompt, fair, impartial, and equitable process.

Remedies

When the College makes a finding of a policy violation, it will take steps, whether individual or systemic, to stop the alleged Sexual Harassment, prevent its recurrence, and remedy the discriminatory effects on the Complainant and others, as appropriate.

When the Respondent is a Student, potential sanctions include formal reprimand, disciplinary probation, suspension, expulsion, and other appropriate educational sanctions. 

When the Respondent is an employee, potential disciplinary corrective actions include coaching, development plans, reduction in supervisory duties and leadership responsibilities, changes in salary, termination, and other appropriate corrective actions. 

Student employees may be subject to corrective action and sanctions under Student and/or employee policies depending on the nature of the case. For instance, a Student employee who is dismissed from the college may also be subject to termination or other corrective actions. Any corrective actions or sanctions will not take effect until any appeals have been completed.

Supportive Measures

Supportive Measures will be made available to both the Complainant and Respondent whether or not a Formal Complaint is filed to ensure equal access to the College’s education and employment programs and activities. The Title IX Coordinator will conduct an individualized assessment and will review requests from Complainant and Respondent to determine supportive measures that are appropriate and reasonably available at no cost to the Complainant or Respondent. Supportive measures may include, but are not limited to:

•  No contact directives;
•  Referral to campus and community resources for victim advocacy, counseling, health services, legal assistance, immigration assistance, disability services;
•  Academic support including extensions of time and other course-related adjustments;
•  Modification of work or class schedules;
•  Change in work or housing locations;
•  Change in reporting relationship;
•  Consideration of leave requests; and
•  Assistance with academic petitions.

The Title IX Coordinator will coordinate the provision of interim supportive measures. Parties will not be required to arrange such measures by themselves but may need to participate in communication with supervisors, faculty, and other College employees with a need to know. The College will maintain as confidential any supportive measures provided to the Complainant or Respondent to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures.

Other Remedial Measures

When the College is unable to proceed with investigative resolution, such as lack of information in the report or request by the Complainant that an investigation not move forward, the College may take other remedial measures as appropriate to remedy the effects of the alleged Sexual Harassment and/or prevent its recurrence. Remedial measures may also be implemented when it is determined that inappropriate behavior occurred, but that the behavior did not rise to the level of a policy violation. Remedial measures may include, but are not limited to:

•  Providing training on Sexual Harassment;
•  Increasing security in a designated space;
•  Changing policy or procedure; and
•  Conducting climate surveys or other climate checks.

During the period of any investigation if the Respondent is an Employee, they may be placed on Administrative Leave. If the Respondent is a Student, they may be removed from educational activities through a temporary suspension. The Title IX Coordinator will conduct an individualized safety and risk analysis to determine whether the Respondent poses an imminent threat to the physical health or safety of anyone due to the allegations made. Respondents have the right to challenge the determination of the safety and risk analysis in writing.

Amnesty for Survivors and Witnesses

Complainants and witnesses under the influence of alcohol or other drugs during the time of the incident will not normally be referred to the College’s student conduct process for alcohol or other drug violations. 

False Allegations

It is a violation of this policy for anyone to make a false allegation of Sexual Harassment in bad faith. Corrective actions or sanctions may be imposed on individuals who in bad faith make false allegations of Sexual Harassment. It is important to note that the absence of a finding of a policy violation is not equivalent to finding that the Complainant acted in bad faith.

Process Abuse

No member of the College Community may:

• Obstruct, prohibit, exert improper influence over, or interfere with any individual making a report, participating in a process, or carrying out a responsibility covered by this policy;
• Make, in bad faith, materially false statements in or related to a process covered by this policy;
• Disrupt or interfere with the orderly conduct of any proceeding conducted under this policy; or
• Fail to comply with any directive, sanction, or corrective action issued pursuant to this policy.

Recordkeeping

The College will maintain all records relating to Formal Complaints of Sexual Harassment, as well as all training materials used under this Policy, for seven years.

Procedures

Initial Assessment

Upon receiving a report, the Title IX Coordinator will provide information to the Complainant on the availability of supportive measures, the right to file a Formal Complaint, and how to file a Formal Complaint. If the report came from an individual other than the Complainant, the Title IX Coordinator will attempt to contact the Complainant to provide this information. If the Complainant chooses to file a Formal Complaint, the Title IX Coordinator will appoint an Investigator to conduct an investigation. 

The Title IX Coordinator may also file a Formal Complaint based on the availability of information and evidence suggesting that a policy violation may have occurred; the College’s obligation to investigate and provide appropriate remedies to eliminate, prevent, and address the effects of the prohibited conduct; and the availability or desire of the Complainant to participate in an investigation or other resolution.

Investigation

If the Complainant or the Title IX Coordinator elects to file a Formal Complaint, the Title IX Coordinator will provide written notice to the Respondent within ten (10) days including:

• The actual allegations of facts that constitute Sexual Harassment and any evidence that supports this;
• That there is a presumption of innocence in their favor;
• That all parties are entitled to an Adviser of their choice;
• That all parties can inspect and review evidence; and,
• That false statements made in bad faith are prohibited by this policy and could result in disciplinary action.

Following the filing of a Formal Complaint, the Title IX Coordinator will appoint an Investigator to investigate the allegations. During the investigation, the Investigator may interview the Complainant, Respondent, and any relevant witnesses. The Investigator may also gather or request other relevant information or evidence when available and appropriate. Both the Complainant and Respondent will be asked to identify witnesses and provide other relevant information in a timely manner to facilitate prompt resolution of the case. 

Although both the Complainant and Respondent are advised to participate in the investigation process to enable a fair and equitable resolution to any case, neither the Complainant nor the Respondent are required to participate in the investigation process. Multiple Formal Complaints may be consolidated when the allegations arise out of the same facts or circumstances.

During the investigation process, Complainants and Respondents have an equitable right to:

• Receive notice of the allegations before participating in an interview with sufficient time to prepare for meaningful participation;
• A process with reasonably prompt timeframes, with extensions for good cause, as described in the Procedure section below;
• Present relevant information to the Investigator, including evidence and witnesses;
• Receive timely and equal access to any relevant information, documentation, and evidence gathered during the investigation;
• Have an Adviser of their choosing, who may be an attorney, advocate, or other support person who is not a potential witness in the investigation or could otherwise compromise the investigation, who provides support throughout the formal resolution process, including being present for any meetings or hearings; and
• Investigators who are adequately trained to resolve cases of alleged Sexual Harassment, are familiar with applicable policies and procedures, and who do not have a conflict of interest or bias for or against either party.
• Written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings to all parties whose participation is invited or expected with sufficient time for the party to prepare to participate.
• Discuss the allegations under investigation or to gather and present relevant evidence. Parties are advised that discussing investigations publicly may hinder the ability of the Investigator to conduct an impartial investigation.
• Credibility determinations that are not based on a person’s status as a Complainant, Respondent, or witness.

Following the completion of the investigation, the Investigator will draft an investigative report on the allegations contained in the Formal Complaint. Before the report is finalized, the Investigator will send to each party and their Advisers an electronic or hard copy of the report. The report must include all evidence directly related to the allegations, even if the investigator does not intend to rely on that evidence in making a determination of responsibility. The parties will then have ten (10) days to provide a written response, which the Investigator will consider before finalizing the investigative report. The Investigative report will be delivered to the Title IX Coordinator, the Complainant, and the Respondent within three (3) days of its completion. 

Hearing Process

After the conclusion of the investigation, The Title IX Coordinator will appoint a Decision Maker to conduct a live hearing and resolve a Formal Complaint. The purpose of the hearing is to give parties the opportunity to present their side of the issue, participate in cross-examination, and for the Decision Maker to determine whether the Respondent is responsible or not responsible for violating this policy. Hearings are not legal proceedings and do not follow courtroom procedure or formal rules of evidence. Hearings are not open to the public. The College will create an audio recording of the hearing. The character of the Complainant, Respondent, and Witnesses to the case is not relevant in any hearing.  Previous sexual history of the parties, other than with each other, is not relevant.

At the Relationship Violence and Sexual Assault Hearing, parties will have the opportunity to:

1. Submit an opening statement.
2. Respond to questions by the Decision Maker.
3. Have their Adviser cross-examine the other party and relevant witnesses. 
   1. Before a party or witness answers a cross-examination question, the Decision Maker will review submitted questions for relevance and admissibility and may then ask the questions submitted by the other party.  
   2. If the Decision Maker determines that a question is not relevant, they will provide an explanation to the party’s Adviser as to the decision to exclude the question. 
4. Submit a closing statement.

If, at any point during the hearing, the Decision Maker determines that unresolved issues exist that could be clarified through additional investigation time, the Decision Maker may suspend the hearing and reconvene it in a timely manner that accommodates further investigation. Hearings may be conducted virtually through the use of technology at the College’s discretion.  However, if either the Complainant or Respondent asks to be in separate rooms, the College must grant this request and provide appropriate technology to allow for simultaneous participation.  

During the hearing process, parties have an equitable right to:

• Attend or not attend the hearing. In choosing not to attend, the party forfeits the right to question evidence at the hearing. The hearing officer cannot draw an inference about the decision regarding responsibility based solely on a party’s or witness’s refusal to attend the hearing.
• Have an Adviser of their choosing, who may be an attorney, advocate, or other support person who is not a potential witness in the investigation or could otherwise compromise the investigation, who provides support throughout the formal resolution process, including being present for any meetings or hearings. If a party does not have an Adviser present at the live hearing, the College will provide, without fee or charge to that party, an Adviser of the College’s choice to conduct cross-examination on behalf of the party. 
• Cross-examination of parties and witnesses to be conducted by their Adviser.
• Testify or not testify on their own behalf. If a party does not submit to cross-examination at the live hearing, the Decision Maker must not rely on any statement of that party in reaching a determination regarding responsibility. The Decision Maker cannot draw an inference about the decision regarding responsibility based solely on the refusal of a party or witness to answer cross-examination or other questions.
• A presumption of not responsible until found otherwise. 
• Assurance that a Decision Maker’s determination of responsibility is based only on the evidence presented at the hearing and in the Final Investigative Report.
• Assurance that credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
• A hearing conducted without unreasonable delay following the Respondent being notified of charges.
• Simultaneous notification in writing of the outcome of the hearing and procedures for appealing the decision.
• Notification in writing if another party appeals the decision.
• Simultaneous notification in writing if any part of the decision is changed under appeal as well as when the decision becomes final.

After the hearing, the Decision Maker will determine if the Respondent is responsible or not responsible for the alleged violations, including in situations in which the Respondent admits responsibility.  The Decision Maker’s determinations of responsibility or non-responsibility are based on a preponderance of the evidence standard (i.e., that which the Decision Maker believes is more likely than not to have occurred based on the information presented).  If the Respondent is found responsible, the Decision Maker will consult with the Title IX Coordinator and to determine remedies based on the nature and severity of the conduct and any prior conduct by the Respondent covered under this policy.

The Decision Maker will simultaneously notify parties of their decision in writing within ten (10) days after the conclusion of the hearing.

Dismissal of a Complaint

In the event that prior to, or in the course of, an investigation, the College determines that the allegations fail to meet the definition of Sexual Harassment or do not fall within the jurisdiction of this policy, the investigation and Formal Complaint will be dismissed. Formal Complaints that are dismissed may still be resolved through an informal resolution process. The College reserves the right in its sole discretion to dismiss the Formal Complaint and stop the investigation if:

• The Complainant notifies the Title IX Coordinator in writing that they wish to withdraw their Formal Complaint;
• The Respondent is no longer enrolled in or employed by the College; or 
• Specific circumstances prevent the school from gathering sufficient evidence to reach a determination about allegations (e.g. lack of participation in the investigative process by parties or witnesses). 

If the College dismisses the Formal Complaint for any reason, either party may appeal the decision as outlined in this policy’s appeals process.

Appeals Process

If either party disagrees with the Decision Maker(s)’s findings or remedies, they may file a written appeal with the Title IX Coordinator within ten (10) days of receiving the Decision Maker(s)’s written decision. Appeals may be filed due to:

• A procedural irregularity that affected the outcome;
• New evidence discovered that was not reasonably available at the time of the determination or dismissal and that is of a character directly affecting the decision; 
• 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; or
• The penalty is inadequate or excessive.

In the event that an appeal is submitted, the Title IX Coordinator will appoint an Appeal Decision Maker to examine the appeal and all evidence in order to determine if the appeal has merit. The Appeal Decision Maker will make an unbiased, objective conclusion as to the appeal’s merit and issue a written decision describing the result of the appeal and the rationale for the result. The Appeal Decision Maker will provide the written decision simultaneously to both parties.

 

Supporting Pregnant and Parenting Students

The Title IX Coordinator at Albion College is also responsible for supporting pregnant and parenting students. Albion College does not discriminate against any student, or exclude them from the College’s education program or activity, including any class or extracurricular activity, based on a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. Albion College does not discriminate against or exclude from employment any employee or employment applicant on these bases. If you have questions or need support related to pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery, please contact the Title IX Coordinator.