Title IX Policy (Aug. 1, 2024)

Policy and procedures for addressing complaints of sex-based discrimination, including sex-based harassment and gender-based violence. This policy is in effect as of August 1, 2024. Conduct that occurs on or after August 1, 2024 that may be a violation of this policy will be processed utilizing the procedures outlined below.

Introduction Scope and Jurisdiction

Members of the Albion College community have the right to be free from all forms of discrimination on the basis of sex, including sex-based 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 and employment environment free from Sex Discrimination and sex-based harassment. Sex-based 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 Adequate Notice of conduct that may reasonably constitute Sex Discrimination, the College will take action to promptly and effectively end any Sex Discrimination in its education program or activity, prevent its recurrence, and remedy its effects.

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 sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Who does this policy apply to?

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

Where does this policy apply?

This policy applies to reported Sex Discrimination that occurs under the College’s education program or activity, against a person in the United States. Such conduct includes but is not limited to reported Sex Discrimination that occurs in any building owned or controlled by a student organization that is officially recognized by the College, and conduct that is subject to the College’s disciplinary authority. This policy also applies to address a sex-based hostile environment under the College’s education program or activity, even when some conduct reported to be contributing to the hostile environment occurred outside the College’s education program or activity or outside the United States.

In situations not covered above, but where the Sex Discrimination 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.

What happens if there is a report that someone violated this policy?

The College reserves the right to take whatever measures it deems necessary in response to an allegation of Sex Discrimination 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 Sex Discrimination 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.

The College will treat Complainants and Respondents equitably. The College presumes that the Respondent is not responsible for the reported Sex Discrimination until a determination is made at the conclusion of its grievance procedures.

Policy Maintenance

This policy is managed by the Title IX Coordinator and the President of Albion College, and is reviewed annually. The Title IX Coordinator will monitor the College’s education program or activity for barriers to reporting Sex Discrimination and will take steps reasonably calculated to address such barriers.

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. This includes but is not limited to when the College obtains prior written consent from a person with the legal right to consent to the disclosure, disclosure to authorized legal representatives with the legal right to receive disclosures on behalf of the person they represent, and as otherwise required to comply with state and federal law. 

The College will not restrict the ability of the parties to obtain and present evidence, including speaking to witnesses; consulting with their family members, confidential resources, or advisors; or otherwise preparing for or participating in the grievance procedures.

As further described within this policy, the College will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through these grievance procedures.

Definitions of Prohibited Conduct

The following definitions of prohibited conduct apply to this policy:

a. Sexual Assault

Sexual Assault is engaging or attempting to engage in one of the following activities with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental incapacity:

• Sexual penetration (anal, oral, or genital), including penetration with a body part (e.g. penis, finger, hand, or tongue) or an object, however slight; 
• Intentional touching of the intimate body parts of another, or intentional touching with one’s intimate body parts, for the purpose of sexual gratification. Intimate body parts include but are not limited to the mouth, neck, buttocks, anus, groin, genitalia, breast, or the clothing covering these parts; however, sexual contact can occur with any part of the body;
• Sexual intercourse (anal, oral, or genital) when prohibited by state law, including sexual intercourse between individuals who are not permitted to marry, and sexual intercourse with a person who is under the statutory age of consent.

b. Sex Discrimination

Sex Discrimination under this policy includes discrimination on the basis of:

• Sex stereotypes;
• Sex characteristics;
• Pregnancy or related conditions;
• Sexual orientation, and;
• Gender identity.

c. Sex-Based Harassment

The following constitute acts of Sex-Based Harassment under this policy: 

1. 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 program or activity. 
   • Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following: the degree that the conduct affected the Complainant’s ability to access the College’s educational program or activity; type, frequency, and duration of the conduct; ages, roles, previous interactions and other relevant factors about the parties; location and context of the conduct; and other sex-based harassment in the program or activity. 
2. Quid pro quo harassment: An employee, agent, or other person authorized by the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
3. Sexual Assault, Dating Violence, Domestic Violence, or Stalking, as defined in this policy.

d. 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 incapacitated 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. Incapacitation 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 incapacitated is a violation of this policy. Being intoxicated or otherwise impaired by alcohol or other drugs will never function as a defense for any behavior that violates this policy.  

Where alcohol or other drugs are involved, incapacitation is a state beyond intoxication. Evaluating the absence of consent due to incapacitation requires an assessment of whether a Respondent knew or should have known of the Complainant’s incapacitation from the perspective of a sober, reasonable person in the Respondent’s position. 

e. Dating Violence

Dating Violence is violence committed by a person: 

1. Who is or has been in a social relationship of a romantic or intimate nature with the reported Complainant and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
   • The length of the relationship; 
   • The type of relationship; and 
   • The frequency of interaction between the persons involved in the relationship. 

f. Domestic Violence

Domestic Violence means felony or misdemeanor crimes committed by a person who:

1. Is a current or former spouse or intimate partner of the reported Complainant or a person similarly situated to a spouse of the reported Complainant; 
2. Is cohabitating, or has cohabitated, with the reported Complainant as a spouse, dating or intimate or sexual partner; or
3. Shares a child in common.

g. Stalking

Stalking is defined as 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. 

General Definitions

The following definitions of terms apply to this policy:

• Adequate Notice

The College’s duty to act under Title IX is triggered when it has Adequate Notice of conduct that may be a violation of this policy reported. Albion College has Adequate Notice when a Responsible Employee has information about conduct that reasonably may constitute Sex Discrimination. Responsible employees are required to report conduct that may constitute sexual discrimination to the College’s Title IX Coordinator. 

• Advisor

Both Complainants and Respondents may have an Advisor of their choosing support them through the Title IX process. The College will provide a party with access to a trained Advisor should they request one. An Advisor may, but need not be, an attorney. 

• Appeal Decision Maker

The Appeal Decision Maker is the individual assigned by the Title IX Coordinator to determine the merits of an appeal of the Title IX Coordinator’s dismissal of a Complaint or the Decision Maker’s determination regarding responsibility.

• Complainant

A Complainant is:

1. A student or employee who is reported to have been subjected to conduct that could constitute Sex Discrimination under this policy, regardless of whether that individual makes a report or participates in the review of that report by the College; or
2. A person other than a student or employee who is reported to have been subjected to conduct that could constitute Sex Discrimination under this policy and who was participating or attempting to participate in the College’s education program or activity at the time of the reported Sex Discrimination. 

• Complaint

A Complaint is an oral or written request to the College that can objectively be understood as a request for the College to investigate and make a determination about reported discrimination under this policy.

• Decision Maker

The Decision Maker is the individual assigned by the Title IX Coordinator who oversees a hearing which takes place as part of the formal resolution process. The Decision Maker determines whether College policy has been violated. 

• Investigator

The Investigator is an individual assigned by the Title IX Coordinator to investigate the reported Sex Discrimination and oversee the investigative hearing.

• Pregnancy or Related Conditions

Pregnancy or related conditions mean:

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

• Relevant

Relevant means 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 reported Sex Discrimination occurred, and evidence is relevant when it may aid a Decision Maker in determining whether the reported Sex Discrimination occurred.

The College 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 the Investigator or Decision Maker 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:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the College obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; or
• Evidence that relates to the 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 reported conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the reported 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 reported sex-based harassment or preclude determination that sex-based harassment occurred;

The College does not permit parties to present expert witness evidence including, but not limited to evidence presented from polygraphists and toxicologists. Permissibility of character witnesses and related evidence must be relevant, and relevance of such evidence will depend on the facts and circumstances of a particular complaint.

• Remedies

Remedies means measures provided, as appropriate, to a Complainant or any other person the recipient identifies as having had their equal access to the recipient’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 recipient’s education program or activity after a recipient determines that Sex Discrimination occurred.

• Respondent

A Respondent is an individual who is reported to have violated the College’s prohibition on Sex Discrimination.

• Retaliation

Retaliation is any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of Sex Discrimination.

Retaliation includes intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other agent of the College, for the purpose of interfering with any right or privilege secured by Title IX, 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 this policy. Retaliation includes peer retaliation, defined as retaliation by one student against another student. 

It is not retaliation for the College to require an employee or other agent of the College to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under this part.

• Student

A Student is an individual who has gained admission to the College. Admission includes part-time, full-time, special, transfer, exchange or any other type of enrollment, membership or matriculation in or at an education program or activity operated by the College. 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 Title IX Coordinator is 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. Any reference to the Title IX Coordinator in this policy may also include a designee of the Title IX Coordinator to fulfill their role.

• Reporting Options

The College encourages all students, volunteers, vendors, and visitors of Albion College, or any other individual to report an allegation of Sex Discrimination, including Sex-Based Harassment, as set forth below. College employees who are not Confidential Employees acting in their professional capacity are Responsible Employees and must report information about conduct that reasonably may constitute Sex Discrimination. Reports of sexual discrimination are made to Kelly Finn, Assistant Dean of Student Development and the College’s Title IX Coordinator:

• Kelly Finn

  Assistant Vice President for Student Development

  Title IX Coordinator

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

A person who is both a student and an employee must report conduct that reasonably may constitute Sex Discrimination when the person is informed of such conduct in their capacity as an employee.

Employees who have personally been subject to conduct that reasonably may constitute Sex Discrimination are not required to report such discrimination.

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 Sex-Based Harassment to utilize confidential resources on campus and in the community.

Supportive Measures

Supportive Measures will be made available to both the Complainant and Respondent whether or not a 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 the Complainant and Respondent to determine supportive measures that are appropriate and reasonably available at no cost to the Complainant or Respondent. Supportive measures may not unreasonably burden either party and are designed to protect the safety of the parties or the educational environment or to provide support during the resolution process. 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. Supportive measures are not imposed for punitive or disciplinary reasons. Either party may challenge a decision to provide, deny, modify or terminate supportive measures that are applicable to that party. Challenges to supportive measures will be heard by an impartial employee who did not originally implement the supportive measures.

Mandatory Reporting

All College employees, except those exempted by legal privilege of confidentiality or expressly identified below, have an obligation to report allegations of Sex Discrimination or Sex-Based Harassment, including Sexual Assault, Dating Violence, Domestic Violence, and Stalking to the College’s Title IX Coordinator. Any employee who receives a disclosure of Sex Discrimination or Sex-Based Harassment or becomes aware of information that would lead a reasonable person to believe that Sex Discrimination or Sex-Based 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.

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. If the Title IX Coordinator is notified of information that reasonably may constitute sex-based harassment under this policy, the Title IX Coordinator will use the information to inform the College’s efforts to prevent sex-based harassment, including by providing tailored training to address reported sex-based harassment in a particular part of its education program or activity or at a specific location when information indicates there may be multiple incidents of sex-based harassment. The Title IX Coordinator will not initiate the support or complaint process in response to the information received during a protest, vigil, “Take Back the Night” event, or other public awareness or advocacy event, unless it indicates an imminent and serious threat to the health or safety of a Complainant, any students, employees, or other persons.

Confidential Employees: Employees who are considered Confidential Employees and therefore, exempt from Mandatory Reporting when functioning within the scope of their duties to which privilege or confidentiality applies include:

• Professional counselors working in Counseling Services;
• Staff member(s) serving in a Victim Advocate capacity within the Anna Howard Shaw Center for Gender Equity

Contact information for confidential employees can be found in our resources. All confidential employees must notify any individual reporting any reported violation of this policy of their status as a confidential employee and provide information on how to contact the Albion College Title IX Coordinator and make a complaint of Sex Discrimination. Confidential employees must also provide individuals information about the Title IX Coordinator’s ability to provide supportive measures and initiate investigative and information resolution processes under this policy. Confidential Employees may be required to report information to Campus Safety in compliance with the Clery Act, but any identifiable information will not be included.

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.

Grievance Procedures

The Title IX Coordinator reviews all reports of Sex Discrimination and retaliation 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.

Initial Assessment

Upon receiving a report of conduct that may be prohibited under this Policy, the Title IX Coordinator will provide information to the Complainant on the availability of supportive measures, the right to file a Complaint, and how to file a 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 Complaint, the Title IX Coordinator will appoint an Investigator to conduct an investigation. 

Filing a Complaint

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 reported discrimination under Title IX:

• A Complainant;
• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
• The Title IX Coordinator.

Note that a person is entitled to make a complaint of sex-based harassment only if they themselves are reported to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a Complaint. 

The Title IX Coordinator may also file a Complaint if a person entitled to file a Complaint does not wish to do so. In deciding whether to file a Complaint, the Title IX Coordinator will consider factors including, but not limited to: 

• 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 reported Sex Discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus 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 an employee of the College;
• The scope of the reported Sex Discrimination, including information suggesting a pattern, ongoing Sex Discrimination, or Sex Discrimination reported to have impacted multiple individuals;
• The availability of evidence to assist a Decision Maker in determining whether Sex Discrimination occurred; and
• Whether the College could end the reported Sex Discrimination and prevent its recurrence without initiating an investigation.

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

If the Title IX Coordinator initiates a Complaint, the Title IX Coordinator will 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.

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; or
• Any person other than a student or employee who was participating or attempting to participate in the College’s education program or activity at the time of the reported Sex Discrimination.

The College 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. When more than one Complainant or more than one Respondent is involved, references below to a party, Complainant, or Respondent include the plural, as applicable. The College will complete its initial assessment within 10 days of receipt of a Complaint or, on a case-by-case basis, will provide the parties with written notice of reasonable extension of the timeframe, including the reason for delay.

Complaint Dismissal

The College reserves the right in its sole discretion to dismiss the Complaint and stop the investigation if:

• The Complainant notifies the Title IX Coordinator that they wish to withdraw their Complaint, the Title IX Coordinator declines to initiate a Complaint, and the College determines that, without the Complainant’s withdrawn allegations, the conduct remains alleged in the Complaint, if any, would not constitute Sex Discrimination even if proven;
• The Respondent is no longer enrolled in or employed by the College;
• The College is unable to identify the Respondent after taking reasonable steps to do so; or
• The reported conduct would not constitute Sex Discrimination, if proven. Before dismissing the Complaint, the College will make reasonable efforts to clarify the allegations with the Complainant.

Complaints that are dismissed may still be resolved through an informal resolution process. If the College dismisses the Complaint for any reason, either party may appeal the decision as outlined in this policy’s appeals process. If the dismissal is appealed, the College will:

• 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; 
• 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, the College will, at a minimum:

• 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 to ensure that Sex Discrimination does not continue or recur within the College’s education program or activity.

Informal Resolution

Informal resolution may be utilized in some circumstances if the College deems appropriate and both parties agree to it. A formal Complaint is not necessary to initiate an informal resolution process. Informal resolution will not be utilized when such a process would conflict with Federal, State, or local law. Informal resolution can be requested with or without a Complaint being submitted to the Title IX Coordinator. The facilitator of informal resolution may not be the Investigator or Decision Maker.

Before the initiation of an informal resolution process, the Title IX Coordinator will explain in writing to the parties:

• The allegations;
• The requirements of the informal resolution process;
• That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures 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 the College will maintain and whether and how the College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

Formal Resolution

Reports of Sex Discrimination will be resolved through formal resolution when the reported Sex Discrimination, if true, would be prohibited under applicable College policy. In instances when the College determines 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.

Investigation

If an eligible person under this policy elects to file a Complaint, the Title IX Coordinator will provide written notice to the Respondent within ten (10) calendar days including:

• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct reported to constitute Sex Discrimination, and the date(s) and location(s) of the reported incident(s);
• That there is a presumption they are not responsible for a policy violation;
• That all parties are entitled to an Advisor of their choice;
• That all parties can inspect and review evidence;
• That false statements made in bad faith are prohibited by this policy and could result in disciplinary action;
• The Title IX grievance procedures and any informal resolution process;
• Retaliation is prohibited; and
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. 

If, in the course of an investigation, the College decides to investigate additional allegations of Sex Discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, the College will notify the parties of the additional allegations.

Following the filing of a Complaint, the Title IX Coordinator will appoint an Investigator to investigate the allegations. The burden is on the College – not on the parties – to conduct an investigation that gathers sufficient evidence to determine whether Sex Discrimination occurred. 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 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, 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 Advisor 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 reported Sex Discrimination, 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 Complaint. Before the report is finalized, the Investigator will send to each party and their Advisors 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) calendar days to provide a written response, which the Investigator will consider before finalizing the investigative report. Reasonable extensions of the ten (10) day timeframe will be considered on a case-by-case basis. The Final Investigative report will be delivered to the Title IX Coordinator, the Complainant, and the Respondent within three (3) days of its completion. The College will complete the investigation within 60 days of issuance of the notice of investigation or, on a case-by-case basis, will provide the parties with written notice of reasonable extension of the timeframe, including the reason for delay.

The College will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Investigative materials and all information related to the Complaint will be shared with parties and advisors with strict access limitations to prevent unauthorized disclosure of information. Any party or advisor who has been found to have violated confidentiality related to sharing of information and evidence will be subject to disciplinary sanctions. 

Determination Regarding Responsibility

After the conclusion of the investigation, The Title IX Coordinator will appoint a Decision Maker to conduct the hearing process to resolve the Complaint and issue a written determination regarding the Respondent’s responsibility under the policy. The purpose of the hearing is to give parties the opportunity to present their side of the issue, participate in questioning, and for the Decision Maker to determine whether the Respondent is responsible or not responsible for violating this policy. The process will enable 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 Discrimination. 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 all meetings that occur within the hearing process. 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.

The College’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:

• Allow the Investigator or Decision Maker to ask such questions during individual meetings with a party or witness;
• 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
• 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 Decision Maker 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 Discrimination occurred based solely on a party’s or witness’s refusal to respond to such questions.

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the College will:

• Use the preponderance of the evidence standard of proof to determine whether Sex Discrimination occurred. The 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 under the applicable standard by the evidence that Sex Discrimination occurred, whatever the quantity of the evidence is, the Decision Maker will not determine that Sex Discrimination occurred.
• Notify the parties simultaneously in writing of the determination whether Sex Discrimination occurred under Title IX including:
  • A description of the alleged Sex Discrimination that occurred;
  • 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 Discrimination occurred;
  • When the Decision Maker finds that Sex Discrimination occurred, any disciplinary sanctions 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 Discrimination; and
  • The College’s procedures and permissible bases for the Complainant and Respondent to appeal.
• The College will not impose discipline on a Respondent for Sex Discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited Sex Discrimination.
• If there is a determination that Sex Discrimination occurred, as appropriate, the Title IX Coordinator will:
  • Coordinate the provision and implementation of remedies to a Complainant and other people the College identifies as having had equal access to the College’s education program or activity limited or denied by Sex Discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a Respondent, including notification to the Complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that Sex Discrimination does not continue or recur within the College’s education program or activity.
• Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a Respondent; and
• Not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether Sex Discrimination occurred.

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.

The Decision Maker will simultaneously notify parties of their decision in writing within ten (10) calendar days after the conclusion of the hearing. The College will complete the Determination Regarding Responsibility process within 30 days or, on a case-by-case basis, will provide the parties with written notice of reasonable extension of the timeframe, including the reason for delay.

Appeals

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

• A procedural irregularity that would change the outcome;
• New evidence discovered that would change the outcome and that was not reasonably available at the time of the determination or dismissal;
• 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; or
• The penalty is inadequate or excessive.

Upon timely receipt of a complaint appeal the Title IX Coordinator will notify the parties of any appeal (including notice of allegations if notice was not previously given to Respondent) and will provide the parties with 7 calendar days to make a statement in support of, or challenging, the outcome. The Title IX Coordinator will appoint an Appeal Decision Maker to examine the appeal and all evidence to determine if the appeal has merit. The Appeal Decision Maker must not have taken part in the investigation of the allegations or dismissal of the Complaint. 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. The College will complete the Appeals Process within 20 days of the notice of appeal or, on a case-by-case basis, will provide the parties with written notice of reasonable extension of the timeframe, including the reason for delay.

Discipline and Other Remedies

• Disciplinary Sanctions

When the College makes a finding of a policy violation, it will take steps, whether individual or systemic, to stop the reported Sex Discrimination, 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, withheld suspension, suspension, expulsion, and other appropriate educational sanctions. 

When the Respondent is an employee, potential disciplinary corrective actions include coaching, performance improvement 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.

• 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 reported Sex Discrimination 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 Sex Discrimination;
•  Increasing security in a designated space;
•  Changing policy or procedure; and
•  Conducting climate surveys or other climate checks.

During the period of the grievance process 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 on an emergency basis through a temporary suspension if the Title IX Coordinator, after conducting an individualized safety and risk analysis, determines removal is justified because the Respondent poses an imminent and serious threat to the health or safety of anyone due to the allegations made. Respondents removed by temporary suspension will receive notice and will have the right to challenge the determination of the safety and risk analysis in writing immediately following the removal.

Amnesty, Honesty, and Compliance

• Amnesty for Participating Parties and Witnesses

Parties and witnesses who participate in the grievance process and were under the influence of alcohol or other drugs during the time of the incident will not be referred to the College’s student conduct process for alcohol or other drug violations related to their personal use of drugs or alcohol, provided that such violations did not place the health or safety of any other person at risk. The College may refer the parties or witnesses for educational or therapeutic remedies.

• False Allegations

It is a violation of this policy for anyone to make a false allegation of Sex Discrimination in bad faith. Corrective actions or sanctions may be imposed on individuals who in bad faith make false allegations of Sex Discrimination. 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 notices of and Complaints regarding Sex Discrimination, as well as all training materials used under this Policy, for seven years.

Required Training

All Employee Training

All Albion College employees are required to complete annual Title IX training to understand their role and obligations as a Mandatory Reporter and responsible employee, the College’s obligation to address Sex Discrimination, the scope of conduct that constitutes Sex Discrimination including Sex-Based Harassment. Training completion will be monitored by the Title IX Coordinator in collaboration with Human Resources and division/department heads. Corrective action may be taken against any employee who fails to complete annual training. 

Training for Grievance Process Administrators

All Investigators, Decision Makers, Informal Resolution facilitators, the Title IX Coordinator, and others responsible for implementing the College’s grievance procedures or those who have the authority to modify or terminate supportive measures must be trained on topics related to their responsibilities as required under Title IX, the Clery Act, and related regulations.

Pregnancy and Parenting

• 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 current, potential, or past pregnancy or related condition pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.  

Students wishing to request reasonable modifications for pregnancy or related conditions may contact the  Title IX Coordinator. The Albion College Title IX Coordinator will work with the student and campus partners to provide reasonable modifications to policies, practices, or procedures if requested. These reasonable modifications:

• Cannot fundamentally alter the education program or activity
• Can each be accepted or denied by the student 
• Cannot require documentation unless it is necessary and reasonable to provide the modification

Reasonable modifications can include, depending on the student’s individual circumstances, the following: breaks to express breastmilk or to attend health related needs; breaks to eat, drink, or use the restroom, intermittent absences, access to online education, changes in schedule or sequencing of classes. Other reasonable modifications as appropriate may also be available. 

Any pregnant or parenting student has the right to access lactation spaces on campus. Lactation spaces are locations that are clean, not a bathroom, is shielded from view, and is free from intrusion by others. Lactation spaces on campus are located in Robinson Hall 307, and the Dow Center Room 104. More information about lactation spaces can be provided by contacting the Title IX Coordinator.

Additionally, any pregnant or parenting student can request a voluntary leave of absence by contacting the Cutler Center for Student Success. The Title IX Coordinator may also work to support students who need to make such a request for a leave.

The College will not require a student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person that the student is physically able to participate in the College’s education program or activity, including classes or extracurricular activities, unless:

• The certified level of physical ability or health is necessary for participation
• The College requires such certification of all students participating in the class, program, or extracurricular activity; and
• The information obtained is not used as a basis for prohibited discrimination.

The College is required to provide access to resources for pregnant and parenting students. When an employee of the College is informed of a student’s pregnancy or related condition by the student or a person with the legal right to act on behalf of the student, the employee must notify the Title IX Coordinator utilizing the online Title IX reporting form. The Title IX Coordinator will then contact the student, providing information about the Title IX Coordinator’s ability to provide reasonable modifications, voluntary leaves of absence, lactation spaces, and responsibility to provide comparable treatment to other medical conditions. 

• Supporting Pregnant Employees

Employees and prospective employees or applicants may request reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. The College will provide reasonable accommodations for qualified employees for pregnancy, childbirth or related medical conditions, unless the requested accommodation would impose an undue hardship on the College. The College will review the requested accommodation and engage in an interactive process regarding the request. The College will not take retaliatory action against any individuals who request or receive an accommodation for pregnancy, childbirth, or related medical reasons.

Requests for reasonable accommodation may be made to Human Resources at [email protected] or 517-629-0205.

Additionally, both exempt and nonexempt employees may take reasonable breaks to express breast milk for up to one year after the child’s birth. Employees wishing to access lactation spaces may do so by contacting Human Resources. Lactation spaces will be spaces that are clean, are not a bathroom, are shielded from view, and are free from intrusion. 

Qualified employees may also be entitled to leave under the Family and Medical Leave Act, in certain circumstances. Employees wishing to learn about their rights under the FMLA may contact Human Resources.