Title IX of the Education Amendments of 1972

Purpose

This policy establishes Belmont College’s compliance with Title IX of the Education Amendments of 1972. The following procedures have been established to receive, investigate, and resolve complaints of discrimination on the basis of sex/gender. These procedures are designed to provide a supportive process for individuals who report discrimination and to ensure a fair process for individuals who are accused of discriminatory conduct. These procedures also describe the College’s efforts to conduct a timely, thorough, and fair investigation as required by law.

Policy Statement

It is the policy of the College to comply with Title IX of the Education Amendments of 1972, which prohibits discrimination (including sexual harassment and sexual violence) based on sex in the College’s educational programs and activities. Title IX also prohibits retaliation for asserting or otherwise participating in claims of sex discrimination.

Persons Affected

This policy applies to all College students, faculty, staff, members of the College community, contractors, consultants, visitors, and vendors doing business or providing services to the College, and visitors.

Definitions

Sexual Harassment – conduct on the basis of sex that satisfies one or more of the following:

• an employee of the College conditioning the provision of aid, benefit, or service of the College of an individual’s participation in unwelcome sexual conduct;
• unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the recipient’s education program or activity; or
• “sexual assault,” “dating violence,” “domestic violence, or “stalking” as those terms are defined under federal laws called the Clery Act and the Violence Against Women Act.

*Belmont College also lists and defines these offenses in the Sexual Harassment & Misconduct Policy 505.0115.15

Complainant – any person 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.

Respondent – any member of the College community that is alleged to have engaged in conduct prohibited by this policy.

*To protect both the complainant and respondent, Title IX complaints will be treated with the greatest degree of confidentiality possible. Complainants and respondents are advised, however, that confidentiality can only be respected insofar as it does not interfere with the College’s obligation to investigate allegations of misconduct that require it to take corrective action and comply with obligations under the Ohio Public Records Law.

Supportive Measures – when the Director of Safety and Compliance (Title IX Coordinator) has actual knowledge of a report of sexual misconduct, a prompt response will be made by contacting the complainant and informing the complainant of available supportive measures and describing the process for filing a formal complaint. The Title IX Coordinator will coordinate with faculty, staff, supervisors, or an administrator to make supportive measures available to the complainant with or without filing of a formal complaint. If the decision is made not to provide supportive measures, the Title IX Coordinator will document the reasons why.

*Supportive measures will be designed for the purpose of restoring and preserving equal access to education and the workplace environment. Both the complainant and respondent will be offered a customized plan to meet their needs by the Title IX Coordinator. These measures may include things like moving a complainant or respondent’s seat in class; a no-contact order; course-related adjustments; revised class schedules or clinical sites; a single point person for scheduling; deadline extensions; free, on-site counseling; leaves of absence; and campus escort services and other security services.

The Title IX Coordinator may sign a formal complaint with the right to investigate circumstances that may involve discrimination and/or harassment where no complaint has been filed. In situations where a complainant is reluctant to proceed, the complainant will be notified in advance when such action is necessary. In such situations, the College may elect to investigate and, if warranted, impose disciplinary sanctions pursuant to established College policies and procedures.

Advisors – the complainant or respondent may have an advisor or support person present at any point in these procedures to provide advice or support directly to the complainant or respondent. If a complainant or respondent is not able to have an advisor, the college will appoint one. An advisor or support person may not however, stand in place of either the complainant or the respondent, or otherwise participate in the investigation process.

Emergency Removal – the College may remove a respondent from an education program or activity on an emergency basis if, after the College conducts an individualized safety and risk analysis, it determines that the respondent is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. The College will provide the respondent with written notice of the decision and an opportunity to challenge the decision immediately after removal. If the respondent chooses to challenge the removal, the President and Executive Vice President of the College will review the decision.

All employees, students, and College agents or representatives have an obligation to cooperate with these procedures.

When extenuating circumstances warrant, the Title IX Coordinator has the authority to extend any of the time limits contained in these procedures except those relating to the filing of complaints or the filing of appeals.

Discrimination – unjust or prejudicial treatment of others based on race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, parental status, marital status, age, disability, citizenship,Veteran status, or genetic information in matters of admissions, employment, housing, or any other area of aprotected class.

Harassment – whether verbal, physical, or visual, that is based on any of these characteristics is a form of discrimination. This includes harassing conduct affecting tangible job benefits, interfering unreasonably with an individual’s academic or work performance, or creating what a reasonable person would perceive is an intimidating, hostile, or offensive environment. Prohibited sex discrimination includes sexual harassment andsexual violence.

Sex Discrimination – making an unjust or prejudicial distinction in favor of, or against, a person on the basis of sex rather than individual merit or making a distinction on the basis of sex the deprives a person from the ability toparticipate in the benefits the College offers and provides.

Sexual Harassment – Is conduct based on sex including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature by an employee, by another student, or by a third party that effectively denies a person equal access to the College’s education programs or activities. Harassment also includes harassment by quid pro quo that involves the condition of an aid, benefit, or service to the College or an individual’s participation in unwelcome sexual conduct.

Sexual Assault/Sexual Violence – a particular type of sexual harassment that includes non-consensual sexual contact, non-consensual sexual intercourse, rape, or other physical sexual acts committed against aperson’s will of where a person is incapable of giving consent.

Non-Consensual Sexual Contact – any intentional sexual touching, however slight, to another person’s breasts, buttocks, groin, genitals, or any other bodily area.

Non-Consensual Sexual Intercourse – any intentional sexual intercourse, however slight, that is committed without consent and/or by force.

Domestic Violence – abusive behavior that is committed by an intimate partner to gain or maintain power andcontrol over the other intimate partner.

Dating Violence – violent acts committed by a person who is or has been in a social, romantic, or intimate relationship against another person.

Stalking – a pattern of repeated and unwanted attention, harassment, contact, or any other course of conductdirected at a specific person that would cause a reasonable person to be fearful.

Hazing – includes, but is not limited to, any act towards another individual in which a reasonable person wouldperceive the actions to cause physical or psychological injury.

Sexual Misconduct – occurs when an individual takes non-consensual or abusive sexual advantage of another.

Procedure

Title IX Complaint Process

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the alleged to be the victim of the conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator:

Cody Thompson, Director of Safety and Compliance (Title IX Coordinator)
68094 Hammond Road, St. Clairsville, OH 43950
740-695-9500 ext. 1150
czthompson@belmontcollege.edu

Upon receipt of a formal complaint, the College will provide written notice to the parties who are known, which explains the complaint process and;

• provides notice of the allegations potentially constituting sexual harassment including sufficient details known at the time and with sufficient time to prepare a response before any initial interview;
• includes a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the complaint process;
• informs the parties that they may have an advisor of their choice who may be, but not required to be an attorney, and that they may inspect and review evidence pertaining the complaint;
• informs the parties of the prohibition against knowingly making false statements or knowingly submitting false information during the complaint process.

If, in the course of the investigation, the College decides to investigate allegations about the complainant or respondent that are not included in the notice provided, the College must provide notice of additional allegations to the parties whose identities are known.

Dismissal of a Complaint

If the conduct alleged in the formal complaint would not constitute Title IX Sexual Harassment of the policy even if proved, did not occur in the College’s education program or activity, then the College will dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX. Such conduct will then be considered under the College’s Sexual Harassment and Misconduct policy for investigation.

The College may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing:

• The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or allegations therein;
• The respondent is no longer enrolled or employed by the College; or
• Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Written notice of the dismissal and reason(s) therefor will be provided simultaneously to the parties.

Investigation of a Complaint

When investigating a formal complaint, the College will ensure the burden of proof and burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties. The College will also:

• provide an equal opportunity for the parties to present witnesses; including fact and expert witnesses, and other inculpatory and exculpatory evidence;
• avoid restricting the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
• provide the parties with the same opportunities to have others present during any complaint proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but it not required to be an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or complaint proceeding. However, the advisor will not be permitted to advocate for you or answer questions on your behalf, their role is to advise and assist you;
• provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interview, or other meetings, with sufficient time for the party to prepare or participate;
• prior to the completion of the investigative report, send in an electronic format or hard copy, to each party and the party’s advisor, if any, all evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, and afford the parties ten (10) days so that each party can inspect, review, and meaningfully respond to the evidence through submission of a written response, which the investigator will consider prior to completion of the investigative report. The investigator may complete the report if no submission is received after ten (10) days. The College will make such evidence available at any hearing given each party equal opportunity to refer such evidence during the hearing, including for purposes of cross-examination; and
• create an investigative report that fairly summarizes relevant evidence and, at least ten (10) days prior to a hearing (if a hearing is required under policy) or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response. Each party’s written response, if any, shall be submitted to the investigator at least three (3) days prior to the hearing.

Live Hearings

• The College will hold a live hearing which a hearing officer(s)/decision maker(s) preside. The hearing officer(s) will not be the same person as the Title IX Coordinator or the investigator(s).
• At the live hearing, the hearing officer(s)/decision maker(s) must permit each party’s advisor during cross-examination to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. The advisor will have no other role in the hearing but may advise and assist the party they are advising. If a party does not have an advisor at the live hearing, the College will provide, without fee or charge to that party, and advisor of the College’s choice, who shall not be an attorney, to conduct cross-examination on behalf of the party.
• The live hearing may be conducted with all parties physically present in the same geographic location or, at the College’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see each other. At the request of either party, the College will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer(s)/decision maker(s) and parties to simultaneously see and hear the party or the witness answering questions.
• Only relevant cross-examination questions and other questions may be asked of a party of witness. Before a complainant, respondent, or witness answers a cross-examination question, the hearing officer(s)/decision maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. For the purposes of this section, “relevant” means a question means a question or evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the question as evidence. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
• If a party or witness does not submit to cross-examination at the live hearing, the hearing officer(s)/decision maker(s) will not rely on any statement that party or witness in reaching a determination regarding responsibility. The hearing officer(s)/decision maker(s) will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’ absence from the live hearing or refusal to answer cross- examination or other questions.
• The hearing officer(s)/decision maker(s), will issue a written determination regarding responsibility under the preponderance of the evidence standard within fourteen (14) calendar days of the live hearing. The written determination will be issued to the parties simultaneously.
• An audio or audiovisual recording, transcript, will be made of any live hearing and it will be made available to the parties for inspection and review.
• The written determination becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

Appeals

Appeals are not intended to be a full rehearing of the Complaint Process. In any request for an appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanctions are presumed to have been decided reasonably and appropriately. Appeals are limited to a review of relevant appeal materials based upon the grounds stated below. A part wishing to seek an appeal must submit their written appeal with the Belmont College Director of Safety and Compliance (Title IX Coordinator) within five (5) calendar days of the written determination. The deadline by which an appeal must be filed will be communicated in the written determination. Failure to file an appeal by the deadline means the determination of the hearing officer(s)/decision maker(s) become(s) final.

The review on appeal is limited to the record, except in appeals based on newly discovered evidence that could affect the outcome of the matter and that was not reasonably available at the time the determination regarding responsibility or dismissal was made. In such appeals, newly discovered evidence may be considered on appeal notwithstanding its absence from the record.

Within five (5) calendar days, any party may appeal from a determination regarding responsibility, and from the College’s dismissal of a formal complaint or any allegations therein, on the following basis:

• procedural irregularity that affected the outcome of the matter;
• new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• the Title IX Coordinator, investigator(s), or hearing officer(s)/decision maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

Within three (3) calendar days of receiving a timely filed, written appeal, grounded on of the three bases stated above, the College will notify the other party in writing that an appeal has been filed. This notice will inform the other party of their right to respond to the appeal. The other party will receive access to a copy of the Appealing party’s written appeal in order to prepare a response. The other party will have five (5) calendar days to submit a written response to the appeal. `The response is limited to addressing the appeal within the bases stated above.

The Appellate Officer (decision maker for an appeal) will review all relevant documents related to the matter, including but not limited to, the record from the hearing, the written appeal, and appeal response. A written decision describing the result of the appeal and the rationale for the result, will be issues to the parties, simultaneously, within five (5) calendar days of receiving a timely filed written response of the appeal, or, if a timely filed written response is not received, within five (5) calendar days of the due date of such response.

The decision of the Appellate Officer is final.

*The Appellate Officer will not be the Title IX Coordinator, investigator(s), or the hearing officer(s)/decision maker(s) from the live hearing.