Title IX of the Education Amendments of 1972

POLICY 501.0100.20

Section 5, Human Resources
Responsible College Officer: Vice President of Organizational Effectiveness
Originally Issued: March 26, 2015
Revised: March 2022

Initiated by: Vice President of Organizational Effectiveness
Reviewed by: Policy Coordinator
Approved by: Dr. Paul F. Gasparro, President

Purpose

This policy establishes Belmont College’s compliance with Title IX of the Education Amendments of 1972.

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, and vendors doing business or providing services to the College.

Definitions

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 a protected 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 and sexual 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 to participate in the benefits the College offers and provides.

Sexual Harassment – any unwelcome sexual advances, requests for sexual favors and other verbal and physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment (2) Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, (3) such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance, (4)any other verbal, nonverbal, or physical conduct of a sexual nature that is severe, persistent, or pervasive to limit a person’s ability to participate in or benefit from College activity, or (5) any activity that creates an intimidating, hostile, or offensive working environment.

Sexual Assault/Sexual Violence- is a particular type of sexual harassment that includes non-consensual sexual contact, non-consensual sexual intercourse, rape, or other physical sexual acts committed against a person’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 and control 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 conduct directed 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 would perceive the actions to cause physical or psychological injury.

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

Procedures

The Coordinator of Human Resources serves as the Title IX Coordinator for the College. The Coordinator is responsible for implementing and monitoring compliance of the policy on behalf of the College. This includes, but is not limited to, responsibility for training, education, communication, and administration of the grievance procedures for the handling of complaints alleging violations of this policy.

Contact Information:
Jason Huffman, Director of Human Resources
Phone: 740.699.3841
Email: jhuffman@belmontcollege.edu

Reporting and investigating

Reporting – Any employee, faculty or staff member, student or vendor who has a complaint as defined but not limited to the definitions listed in this policy, against someone within the college community involving a suspected violation of this policy to or of retaliation should contact the Title IX Coordinator. College employees are required to report any suspected violations of this policy. Although there is not a time frame in which violations should be reported, it is recommended to report them as soon as possible.

Bodily Harm – If a report is received, the Title IX Coordinator will contact local law enforcement. The victim may choose to file a criminal complaint against the alleged perpetrator. That may impact the College’s timing of its own investigation. The College reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or proceedings.

Investigation – Once an incident has been reported to the Title IX Coordinator, the following steps will commence:

  • The Title IX Coordinator will lead the investigation with other college officials as deemed appropriate by the College. The investigation phase will be completed within 60 calendar days of the complaint or the date in which the College becomes aware of a suspected violation. Audio and video recordings are prohibited by any party other than the College.
  • The investigative team will interview as many people as needed to get as much information as possible to fully understand the compliant or policy violation.
  • The investigation team will conclude the investigation and submit a report to the President with a determination of whether or not a violation has occurred. In this report a recommendation of a hearing may be included. Additionally, a recommendation of corrective action will be included.

Protective Measures – The College reserves the right to suspend or place on administrative leave any member of the college community accused of violating this policy pending the outcome of an investigation and/or disciplinary proceedings.

Retaliation – No individual involved in a complaint alleging a violation of this policy or participating in the investigation of a complaint shall be subject to retaliation as a result of such activity or participation. Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action up to and including termination of employment.

Confidentiality – To the extent permitted by law, the confidentiality of all parties involved in the resolution of alleged or suspected violation of this policy will be observed, provided that it does not interfere with the College’s ability to conduct an investigation and take any corrective action deemed appropriate. While confidentiality cannot be guaranteed, care will be taken to keep investigation discussions appropriately limited to protect the complainant’s identity when requested.

Hearing – The hearing process applies (i) when either the complainant or the accused so requests, (ii) when investigators determine resolution is best served by a hearing, or (iii) in any matter when the College deems appropriate. The hearing process is outlined below:

  • The hearing process will begin at the request of any party, complainant, accused, or investigator.
  • The Hearing Panel will be made up of the Title IX Coordinator, the Vice President of Academic & Student Affairs, and the Vice President of Human Resources.
  • The complainant and the accused will both be requested to be present at the hearing to retell their version of the events in question. Accommodations may be made via telephone or videoconferencing to allow all parties to participate. The hearing will continue with or without the participation of all parties.
  • The College will maintain documentation of all hearings or other proceedings, which can take various forms (e.g., notes, written findings of fact, transcripts, audio recordings, etc.).
  • Within seven (7) calendar days of the conclusion of the hearing, both the complainant and the accused will be informed in writing by the Title IX Coordinator of the outcome of the hearing. The letter will state the ruling of “violation” or “no violation” of the policy and any corrective actions/remedies that will be put into place. This written notice will be issued concurrently to the complainant and to the accused. The hearing process will not exceed 30 days in length.
  • The College may disclose to the complainant information about any corrective actions/remedies taken that related directly to the complainant.
  • If there is a finding of policy violation, appropriate, corrective action/remedies by the College will be taken to: (i) eliminate the policy violation, (ii) prevent the recurrence of the violation, and (iii) address the effects of the violation.

Appeals – Appeals must be requested in writing to the Title IX Coordinator within seven (7) calendar days of receipt of a written outcome of an investigation or hearing. The appeals process is outlined below:

  • Either party may appeal the decision of the hearing in writing to the Policy Coordinator within seven (7) calendar days of receiving the written notice.
  • Appeals must include relevant new information for consideration by the appeals committee. This would include information that was unavailable at the time of the decision, concerns, and procedural errors of concerns about the level of sanction imposed according to the policies of the College. Disagreement with the findings of a hearing is not sufficient grounds for appeal.
  • Both parties will be informed in writing of the outcome of any appeal within fourteen (14) calendar days of the date by which all requested information is received unless the College determines that additional time is required.

The outcome, whether it is from the hearing or the appeal process, will be communicated to the complainant and the respondent via email and certified mail.

Rights of complainants and accused parties

Complainants and accused parties shall be provided with the following in connection with any hearing or other proceeding used to reach a decision regarding whether any violation of this policy has occurred.

Rights of Complainants

  • The opportunity/right to speak on one’s own behalf;
  • To be accompanied by an advisor or support person who may take notes and advise the complainant, but not otherwise participate;
  • To present witnesses who can speak about the alleged conduct at issue;
  • To present other evidence on one’s own behalf;
  • To attend the entire hearing or other proceedings, except for the deliberation phase;
  • To review any written statement that will be offered by the accused at a hearing or proceeding prior to the time that it is offered (to the greatest extent possible and consistent with FERPA or other applicable law);
  • To be informed of the outcome of the hearing or other proceeding;
  • And to appeal the outcome of the hearing or other proceeding.

Rights of Accused Parties

  • The right to a written explanation of the alleged violations of this policy;
  • The opportunity/right to speak on one’s own behalf;
  • To be accompanied by an advisor or support person who may take notes and advise the accused, but not otherwise participate;
  • To present witnesses who can speak about the alleged conduct at issue;
  • To present other evidence on one’s own behalf;
  • To attend the entire hearing or other proceedings, except for the deliberation phase;
  • To review any written statement that will be offered by the complainant at a hearing or proceeding prior to the time that it is offered (to the greatest extent possible and consistent with FERPA or other applicable law);
  • To be informed of the outcome of the hearing or other proceeding;
  • And to appeal the outcome of the hearing or other proceeding.

Consequence – Those found to have violated this policy will be subject to disciplinary action up to and including termination of employment and/or expulsion from the College.