XII. Discrimination and Harassment Policy

Purpose of the Policy 

The purpose of the Discrimination and Harassment Policy, hereafter “Policy,” is to establish clearly and unequivocally that Maryville College prohibits discrimination harassment and retaliation by individuals subject to its control or supervision and to set forth procedures by which such allegations shall be filed, investigated, and adjudicated.

Title IX Coordinator

The Title IX Coordinator is designated to oversee the College’s compliance with this policy and with Title IX of the Education Amendments of 1972 (“Title IX”). Maryville College does not discriminate on the basis of sex in its education programs or activities, including admissions and employment.

Questions about Title IX and this policy may be directed to the Title IX Coordinator:
Kelly Hawk Fitzgerald
865-981-8124
titleix@maryvillecollege.edu

Questions about Title IX and the regulations may be directed to the United States Department of Education Office for Civil Rights:

U.S. Department of Education
Phone: 1-800-USA-LEARN (1-800-872-5327) or 1-800-421-3481
400 Maryland Avenue, SW Washington, D.C. 20202

Role of the Title IX Coordinator

  • The Title IX Coordinator is responsible for overseeing all reports of discrimination and harassment and identifying and addressing any pattern or systemic problems that arise during the review of such reports.
  • The Title IX Coordinator oversees the investigation and resolution of all reports in accordance with this Policy.
  • The Title IX Coordinator also coordinates training and awareness regarding this Policy.
  • The Title IX Coordinator may name a designee as needed.The Title IX Coordinator and designees do not serve as an advocate for either the Complainant(s) or the Respondent(s).
  • Reports of discrimination and harassment by the Title IX Coordinator should be made to the President.

Academic Freedom and Free Speech

This Policy does not allow curtailment or censorship of constitutionally protected expression, which is valued in higher education and by Maryville College. In addressing all reports of alleged violations of this policy, Maryville College will take all permissible actions to ensure the safety of students and employees while complying with applicable guidance regarding free speech rights of students and employees. This Policy does not in any way apply to curriculum and curriculum decisions or abridge the use of particular textbooks or curricular materials.

Amnesty Policy

Ensuring the safety of individuals who report violations of this policy is Maryville College’s primary concern. In order to facilitate reporting, Maryville College will provide disciplinary immunity to a person who reports to any individual employed by the institution that an act of sexual violence, or any other incident violating this policy, which occurred on campus, in or on a non-campus building or property. Disciplinary immunity means that, if the institution determines, as a result of any investigation relating to such alleged act of sexual violence or other violation of this policy, the reporting individual committed a separate, unrelated, nonviolent act that violates the Maryville College Student Code of Conduct (Community Standards), that person is immune from disciplinary action for such violation.

Disciplinary immunity may also be offered to individuals who intervene to help others before a violation of this policy occurs and to individuals who receive assistance or intervention.

This protection also extends to witnesses in an investigation.

Title IX Jurisdiction

This policy implementing Title IX applies to all MC students, employees, faculty, staff, and contractors and all MC education programs or activities in the United States. MC education programs and activities include locations, events, or circumstances over which MC exercises substantial control over the person accused of committing sexual harassment and the context in which the sexual harassment occurs. This includes conduct that occurs on MC campuses and/or in any building owned or controlled by a student organization that is officially recognized by the College. This policy may apply to off campus conduct outside of an MC program or activity if the Title IX Coordinator determines the off-campus conduct has an impact on MC campus, programs, or activities. This policy applies to reports and formal complaints submitted on or after August 14, 2020.

Violations of this policy which meet the definition of sexual harassment in section V(b) and fall under this jurisdiction are subject to a formal grievance process in section XIV.

DEFINITIONS

General Definitions

  • Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment and who is participating in, or attempting to participate in, MC’s education program or activity at the time the formal complaint is filed.
    • For the purposes of this Policy, Complainant includes anyone who would meet the above criteria regardless of whether a formal complaint is filed.
  • Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
  • Parties: the Complainant(s) and Respondent(s) in a particular case
  • Appellant: an individual who appeals either the final determination of a case or the Title IX Coordinator’s dismissal of a Formal Complaint.
  • Appellee: an individual who is the non-appealing party in an appeal.
  • Exculpatory Evidence: evidence that is favorable to the Respondent in an allegation that supports an unsubstantiated finding.
  • Inculpatory Evidence: evidence that supports a finding against the Respondent.
  • Business day: For the purpose of this Policy, business day means any day the College is open. When counting business days, only full business days are counted.
  • Email: For the purpose of this Policy, email refers to the official Maryville College email of the person being contacted or the designated email of any non-MC affiliated participants.

Title IX Sexual Harassment

Title IX of the Education Amendments of 1972 regulations prohibits sexual harassment. Sexual assault, dating violence, domestic violence, and stalking are forms of sexual harassment and are defined as follows.

  • Sexual Harassment: conduct on the basis of sex that satisfies one or more of the following:
    1. An employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participating in unwelcome sexual conduct (quid pro quo);
    2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College ’s education program or activity.
    3. Dating violence, domestic violence, sexual assault, or stalking.
  • Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting Party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
  • Domestic Violence: a felony or misdemeanor crime of violence committed:
    1. By a current or former spouse or intimate partner of the victim;
    2. By a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
    3. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
    4. By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  • Sexual Assault: any sexual act directly against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes:
    1. Rape: the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
    2. Fondling: touching of the private body parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his or her age or because of his or her temporary or permanent mental incapacity.
    3. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    4. Statutory rape: sexual intercourse with a person who is under the statutory age of consent.
  • Consent: For the purposes of determining sexual assault and for other prohibited misconduct, consent is defined as knowing, voluntary, and clear permission, by word or action, to engage in mutually agreed upon sexual activity. Silence does not necessarily constitute consent. Past consent to sexual activities, or a current or previous dating relationship, does not imply ongoing or future consent. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). Consent may be withdrawn at any time. Consent cannot be obtained by force, physical violence, threat, coercion, or intimidation. A person who is impaired or incapacitated is unable to give consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. A person may be incapacitated as a result of the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred.
    1. Incapacitation means a state beyond intoxication where decision-making faculties are impaired, rendering an individual incapable to consent to sexual activity. Incapacitation is an inability to make decisions and an inability to understand who, what, when, where, and how with respect to sexual activity. Signs of incapacitation can include, but are not limited to, slurred speech, bloodshot eyes, smell of alcohol on the breath, stumbling, vomiting, unusual behavior, and unconsciousness or passing out. Incapacity may depend on an individual’s body weight, height, size, tolerance for alcohol and other drugs, and the amount, pace, and type of alcohol or other drugs consumed, amount of food intake prior to consumption, and propensity for blacking out. Incapacitation is determined based on the totality of the circumstances.
  • Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.
    1. For purposes of this definition,
      • Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by an action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
      • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
      • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  • Retaliation: intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sexual harassment, discrimination, or harassment, but arise out of the same facts or circumstances as a report or Formal Complaint of discrimination, or harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. Neither Maryville College nor any person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute retaliation, provided that a determination regarding responsibility alone is not sufficient to conclude that any party made a materially false statement in bad faith. Action is generally deemed adverse if it would deter a reasonable person in the same circumstance from opposing practices prohibited by this policy. Retaliation may result in disciplinary or other action independent of the sanctions, remedies, or supportive measures imposed in response to the underlying allegations of discrimination or harassment. Retaliation prohibited by this policy includes any discrimination, intimidation, threat, or coercion against the Title IX Coordinator, for purposes of interfering with their job responsibilities.
  • Other Prohibited Misconduct – Misconduct which does not meet the definition in IV(b) may still be a violation of College policy. Violations that meet the below definitions will be referred to the Senior Conduct Officer, if the Respondent is a student, or the Director of Human Resources, if the Respondent is a College employee.
    • Harassment is a form of discrimination in which unwelcome verbal, written, or physical conduct is directed toward an individual on the basis of their protected characteristics or statuses. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Harassment violates this policy when it creates a hostile environment, as defined below.
    • Hostile Environment may be created by oral, written, graphic or physical conduct that is sufficiently severe, persistent, or pervasive, and objectively offensive that it interferes with, limits, or denies the ability of an individual to participate in or benefit from Maryville College’s education programs, services, opportunities, or activities, or the individual’s employment access, benefits, or opportunities. Mere subjective offensiveness is not enough to create a hostile environment. In determining whether conduct is severe, persistent, or pervasive, and thus creates a hostile environment, the following factors will be considered: (a) the degree to which the conduct affected one or more individual’s education or employment; (b) the nature, scope, frequency, duration, and location of the incident(s); (c) the identity, number, and relationships of persons involved; (d) the perspective of a “reasonable person” in the same situation as the person subjected to the conduct, and (e) the nature of higher education.
    • Sexual Exploitation is a form of sexual harassment that includes, but is not limited to: causing the incapacitation of another person for the purpose of compromising that person’s ability to consent to sexual activity; prostituting another person; non-consensual visual or audio recording of sexual activity; non-consensual recording or photographing private sexual activity and/or a person’s intimate body parts, or distribution of photos or other images of an individual’s sexual activity or intimate body parts; non-consensual voyeurism or allowing third parties to observe private sexual activity from a hidden location or through electronic means; knowingly transmitting HIV or an STD/STI to another; or exposing one’s genitals to another in non- consensual circumstances.
    • Sexual Violence is a physical sexual act perpetrated against a person’s will or where a person is incapable of giving consent.
    • Sexual Misconduct includes alleged sexual assault, dating violence, domestic violence, stalking, and sexual harassment incidents not otherwise covered by Title IX.
  • Reporting
    • Any person may report sexual harassment, discrimination, or harassment. The reporting party may be someone other than the person reporting is the person alleged to be the victim of such misconduct. Individuals receiving reports of sexual harassment, discrimination, or harassment should immediately notify the Title IX Coordinator. If the reporting party is the alleged victim, the individual receiving the report is encouraged to see to the immediate needs of the alleged victim before making a report. Individuals should not undertake any independent efforts to determine whether the report has merit before reporting it to the Title IX Coordinator.
    • A report may be made in person, by mail, by telephone, or by email, using the contact information below. A report may also be made by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. The Title IX Coordinator will also accept, without comment or need for explanation, a sealed envelope addressed to “Title IX Coordinator.” The envelope, at a minimum, needs only contain a piece of paper with the name and contact information of the individual wishing to make a report. Such a report may be made at any time (including during non-business hours) by using the telephone number, or email address, or by mailing to the office address listed for the Title IX Coordinator. Reports can also be made online.
    • Reports about the Title IX Coordinator should be made to the President.
    • Responsible Employees/Mandatory Reporting: All employees, other than the confidential resources below, who receive information regarding a report of discrimination or harassment must report any relevant information about the alleged incident to the Title IX Coordinator without delay. If the reporting party is the alleged victim, the individual receiving the report is encouraged to see to the immediate needs of the alleged victim before making a report.
      • The following MC Employees are considered confidential resources and do not need to report information to the Title IX Coordinator: Counselors and counseling interns in the MC Counseling Center; The Interim Campus Minister
      • No Maryville College employee shall undertake any independent efforts to determine whether the report has merit or can be substantiated before reporting it to the Title IX Coordinator.
      • Maryville College staff interpreters, in the scope of interpreting, are not required to report information to the TItle IX Coordinator. If an MC interpreter becomes aware of sexual harassment outside of their role in interpreting for a D(d)eaf or hard of hearing client, the interpreter must report to the Title IX Coordinator.
    • Reports Made by Students: Students should report possible discrimination or harassment to the Title IX Coordinator. While students may report to anyone listed in this policy or any supervising staff or faculty member, it is preferred to report to the Title IX Coordinator. Other than reports made to confidential sources in accordance with the definition of Responsible Employee in Section (V) of this policy, reports must be forwarded to the Title IX Coordinator
    • Reports Made by Visitors or Contractors: Visitors, including visiting students, and employees of contractors working on campus should report possible discrimination or harassment to the Title IX Coordinator
    • Reports to Campus Safety and Security
      • A Complainant may report to MC Safety and Security and local law enforcement. Safety and Security can assist Complainants in contacting local law enforcement agencies.
      • Campus Safety and Security shall contact the Title IX Coordinator and share reports of sexual harassment, including sexual assault, dating violence, domestic violence, and stalking immediately, no later than twenty-four (24) hours after receiving the report.
      • For more information, call 865-981–8112.
    • All members of the Maryville College community are expected to provide truthful information in any report or proceeding under this Policy. Submitting or providing any false or misleading information in bad faith or with a view toward personal gain or intentional harm to another in connection with any report, investigation, or proceeding under this policy is prohibited and subject to conduct charges for students under the Student Code of Conduct (Community Standards) or discipline for employees under the appropriate policy. This provision does not apply to reports made or information provided in good faith, even if the facts as alleged are not later substantiated by a preponderance of the evidence.
    • Notwithstanding the forgoing, individuals who believe they have been the subject of conduct in violation of the Discrimination and Harassment Policy are encouraged to make detailed written statements of the facts, including the name(s) of the offending individual(s) and any witness(es), promptly after an incident.
    • There is no time limit for filing a report of discrimination or harassment. However, Complainants should report as soon as possible to maximize Maryville College’s ability to respond. Failure to report promptly could result in the loss of relevant evidence and impair Maryville College’s ability to adequately respond to the allegations.
  • Handling of Non-Title IX Reports
    • If the Title IX Coordinator receives a report that does not fall under the jurisdiction of Title IX or meet the definition of Title IX Sexual Harassment, the Title IX Coordinator will refer the report to the applicable office.
      • Reports involving a student Respondent will be referred to the Senior Conduct Officer.
      • Reports involving an employee Respondent will be referred to the Director of Human Resources.
      • Whenever possible, the Title IX Coordinator will honor the wishes of the person experiencing alleged misconduct in the disposition of the report.
  • Handling of Title IX Reports
    • The Title IX Coordinator will respond to allegations of sexual harassment when the Coordinator has actual knowledge of an allegation. Actual knowledge means notice of sexual harassment, or allegations of sexual harassment, made to the Title IX Coordinator or any College official with authority to institute corrective measures on behalf of the College.
    • Upon receipt of a report, the Title IX Coordinator shall contact the Complainant via email with information about the following:
      • The availability of supportive measures;
      • The right to file a formal complaint;
      • How to file a formal complaint;
      • Formal grievance process;
      • Informal grievance process; and
      • Prohibition on retaliation
  • Supportive measures are non-disciplinary, non-punitive, individualized services offered to Complainants and Respondents as appropriate and as reasonably available without fee or charge. Supportive measures are designed to restore or preserve equal access to the College ’s education program, activities, and workplace to maintain the safety of the Parties and the educational environment without placing an unreasonable burden on the Parties, and to deter sexual harassment. Supportive measures are determined on a case by case basis. The Title IX Coordinator must consider the alleged victim’s wishes when it comes to requests for supportive measures. Supportive measures are available before or after a formal complaint is filed, or where no formal complaint has been filed. Supportive measures are confidential and only disclosed to individuals that must know in order for the Title IX Coordinator to implement the supportive measures.
    The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
    • Supportive measures may include, but are not limited to, the following:
      • Confidential mental health counseling;
      • Mutual no contact directive;
      • Change in on-campus housing:
      • Change in academic classes or schedule;
      • Change in work, or work study, schedule;
      • Change in work or office location;
      • Increased security in specific areas of campus or at specific times;
      • Security escorts around campus;
      • Adjustments to academic deadlines;
      • Tutoring or academic assistance; and
      • Leave of absence.
  • Emergency Removal of Students
    • A student Respondent may be removed on an emergency basis when the Respondent poses an immediate risk to the physical health or safety of the Complainant or any other individual on campus. The Title IX Coordinator will review reports or formal complaints and may convene the Behavioral Intervention Team within two business days of receipt of a report or formal complaint. If additional allegations are received after the initial report of complaint, the Title IX Coordinator has two business days from the receipt of this additional information to convene the Behavioral Intervention Team.
    • The Behavioral Intervention Team will conduct an individualized safety and risk analysis to determine:
      • If the Respondent poses a risk and an immediate threat to the physical health and safety of any student or other individual, and
      • If the risk is related to the allegations of sexual harassment.
    • The Behavioral Intervention Team may also determine if any unilateral supportive measures are appropriate in lieu of emergency removal.
    • In the event of removal or the implementation of unilateral supportive measures, the Title IX Coordinator will file a formal complaint to begin a formal grievance process.
    • Where the Behavioral Intervention Team determines a Respondent poses a risk and/or an immediate threat to the physical health and safety of any student or other individual, and that risk is related to the allegations of sexual harassment, the Behavioral Intervention Team shall notify the Respondent in writing of the emergency removal for the duration of the investigation, hearing, decision, and appeal. The Respondent may appeal the decision of the Behavioral Intervention Team in writing to the VP/Dean of Students within two business days of the Behavioral Intervention Team’s decision. The VP/Dean of Students will review the appeal and issue a determination in writing via email within two business days of the date of the appeal.
  • Administrative Leave of Employees
    • An employee Respondent may be placed on administrative leave pending the outcome of an investigation and hearing. Upon receipt of formal complaint against an employee, the Title IX Coordinator will contact the Director of Human Resources to determine whether the allegations warrant placing the employee on administrative leave pending the outcome of the investigation and hearing. The Director of Human Resources shall determine whether the employee is placed on paid or unpaid leave. The Director of Human Resources will notify the employee Respondent in writing of any decision made to place the employee on administrative leave. The Title IX Coordinator or the Director of Human Resources may convene the Behavioral Intervention Team within two business days of receipt of a report or formal complaint.
    • The Respondent may appeal the decision of the Behavioral Intervention Team in writing to the Chief Operating Officer within two business days of the Behavioral Intervention Team’s decision. The Chief Operating Officer will review the appeal and issue a determination in writing via email within two business days of the date of the appeal.
  • Advisors
    • The Complainant(s) and Respondent(s) may select an advisor of their choice. The advisor may be, but is not required to be, an attorney. Parties may have an advisor present at any interview or meeting related to a report, formal complaint, investigation, or formal grievance process. The advisor is for support and cannot actively participate in meetings or answer questions on behalf of a Party. The advisor may not speak or otherwise participate on behalf of the Complainant(s) and/or Respondent(s). The participation of the advisors will be limited to conducting cross-examination of the Complainant(s), Respondent(s), and witnesses at the live hearing.
    • Advisors are prohibited from communicating with the opposing Party and witnesses throughout the process and may only communicate with the opposing Party and witnesses during cross-examination at the live hearing. i. Attorneys in the course of legal action outside of the Title IX proceeding are the exception.
    • If a Complainant or Respondent does not have an advisor at the hearing, an advisor will be provided by the College. If a Party does not participate in the hearing, the College will appoint an advisor to conduct cross-examination at the hearing. Advisors appointed by the College will be appointed randomly from a pool of trained, non-attorney College employees.
  • Formal Title IX Grievance Procedures
    • The Title IX Coordinator may consolidate multiple formal complaints if the formal complaints are associated with the same incident, involve more than one Complainant, involve more than one Respondent, or are counter- complaints by one Party against another. The College must investigate every formal complaint submitted to the Title IX Coordinator. The College shall strive to conclude a formal grievance process within ninety (90) business days of the date the formal complaint was filed. Should the Parties enter an informal resolution process and resume the formal grievance process, the Office of Institutional Compliance shall strive to conclude the formal grievance process, including the appeal process, within ninety (90) business days of the date the informal resolution was terminated.
      • Delays: The Title IX Coordinator may grant a temporary delay of a grievance process or an extension for good cause. The Title IX Coordinator shall notify the Complainant and Respondent simultaneously in writing via email about any delays or extensions and the rationale. Good cause may include, but is not limited to, the following:
        • Absence of a Party or;
        • Absence of a Party’s advisor;
        • Concurrent law enforcement activity; or
        • The need for language assistance or accommodation of disabilities.
    • Formal Complaint: The formal grievance procedures begin with a formal complaint. A formal complaint is a document filed by a Complainant, or signed by the Title IX Coordinator, alleging sexual harassment against a Respondent and requesting that the College investigate the allegation(s) of sexual harassment.
      • There is no deadline to file a formal complaint. At the time the formal complaint is filed, the Complainant must be participating in, or attempting to participate in, MC’s education program or activity.
      • Once a formal complaint is filed, the College is required to investigate the allegations contained in the formal complaint.
      • A formal complaint should include: name of the Complainant(s), name of the Respondent(s) if known, the physical or digital signature of the Complainant, the allegations of sexual harassment, and a request for the College to investigate.
        • The identity of the Respondent need not be known in order for the College to investigate. The College may still investigate the complaint. If the identity of the Respondent is discovered during the investigation, then the Title IX Coordinator will send a Notice of Allegations to the Respondent. If the Respondent’s identity is not discovered in the course of the investigation, the Title IX Coordinator may dismiss the formal complaint.
      • A formal complaint may be filed by the Complainant by:
        • Submitting a signed document via mail to the Title IX Coordinator,
        • Sending an email with a digital signature to the Title IX Coordinator, or
        • Submitting a signed document in person to the Title IX Coordinator.
      • There may be instances that require the Title IX Coordinator to sign and file a formal complaint. When a Complainant chooses not to file a formal complaint, the Title IX Coordinator will review the allegations and determine if the Title IX Coordinator should file a formal complaint. Factors taken into consideration for this determination include, but are not limited to: allegations of violence, threats, the use of weapons, and serial predation. The Title IX Coordinator is not a Complainant or Party to the complaint when this occurs. The Complainant will retain all his or her rights as a Party in instances where the Title IX Coordinator, and not the Complainant, submitted the formal complaint.
    • Notice of Allegations
      • Upon receipt of a Formal Complaint, the Title IX Coordinator shall issue a Notice of Allegations to the Respondent and Complainant via electronic email, which shall contain the following:
        • Details of the allegation(s);
        • Definition of the violation,
        • Identities of the Parties involved, including the Complainant,
        • Date of alleged incident,
        • Location of the alleged incident,
        • Statement that the Respondent is presumed not responsible until a determination is made by the hearing panel or decision maker,
        • That the Respondent may receive supportive measures,
        • That the Respondent and Complainant may have the advisor of their choice at any meeting related to the investigation,
        • Information about informal resolution (if applicable),
        • Statement that the Parties can request to inspect and review certain evidence,
        • The grievance process,
        • Information about student code of conduct violations, and
        • Information about dismissal of a formal complaint (if applicable).
      • If additional allegations are received, the Title IX Coordinator will notify the Parties.
    • Dismissal of Formal Complaint – Upon receipt of a formal complaint, the Title IX Coordinator will evaluate the formal complaint and determine if the complaint alleges the Respondent’s conduct meets the definition of sexual harassment.
      • The Title IX Coordinator must dismiss the complaint if:
        • The conduct described, if proved, does not meet the definition of sexual harassment;
        • The conduct alleged did not occur in the College ’s education program or activity; or
        • The alleged conduct did not occur in the United States.
      • The Title IX Coordinator may dismiss the complaint if:
        • The Complainant notifies the Title IX Coordinator in writing and request to withdrawal the formal complaint;
        • The Respondent is no longer enrolled at the College or employed by the College; or
        • Specific circumstances prevent the College from gathering evidence sufficient to reach a determination about the allegations.
      • The Title IX Coordinator will promptly notify the Parties in writing via email that the formal complaint was dismissed and why the formal complaint was dismissed. The Parties may appeal the dismissal in writing via email to the Title IX Coordinator within three (3) business days of the date of dismissal.
      • If the formal complaint is dismissed under Title IX, the conduct alleged in the formal complaint may be addressed under other College policies and codes of conduct. The Title IX Coordinator will work with the Complainant to refer the complaint to the applicable conduct process.
    • Investigation
      • The Title IX Coordinator will appoint an investigator from a pool of trained College employees. The Title IX Coordinator will provide to the Parties the name of the investigator. The Parties and investigator shall have three (3) business days to report a conflict of interest to the Title IX Coordinator. Should a Party or the investigator report that there is a conflict of interest between a Party and the investigator, the Title IX Coordinator will appoint a different investigator. If needed due to availability of trained team members, the Title IX Coordinator may serve as an investigator.
      • The investigator will communicate with the Parties, and any witnesses, via email, information about the investigation and any meeting times. The investigator will notify the Parties and witnesses of any meetings a minimum of five (5) business days in advance.
      • In the course of the investigation, the investigator:
        • will engage in an investigation of the allegations. During the investigation, the investigator will interview the Complainant, the Respondent, and witnesses identified by the Parties or the investigator.
        • will release all relevant evidence gathered in the investigation. The investigator will release the evidence to the Complainant(s) and Respondent(s), and their advisors via email. The Complainant and Respondent will have 10 business days to submit additional information and a response to the evidence. a. The investigator will gather exculpatory and inculpatory information.
        • will create an Investigative Report that contains the relevant evidence and any response submitted to the investigator by the Parties. The investigator will issue an electronic copy of the Investigative Report to the Parties and their advisors. The Parties will have 10 business days to review the Investigative Report prior to the hearing.
      • Evidence Gathering Procedures
        • The Title IX Coordinator and investigator shall explain rights and protections to each Party.
        • The investigator and hearing panel may not access a Party’s personal records if they are maintained by a physician, psychiatrist, psychologist, or other professional for the purpose of treatment to the Party without the Party’s written consent;
        • The investigator and hearing panel shall provide equal opportunity for the Parties to have witnesses and evidence;
        • The Title IX Coordinator or investigator cannot restrict the ability of either Party to discuss the allegations under investigation, or to gather and present relevant evidence;
        • The College will provide the same opportunities to the Parties to have others present during the grievance proceedings, including access to an advisor of choice for any meetings or hearings, however, the role of advisors is limited to conducting cross-examination of the Parties and witnesses at the hearing;
        • The investigator and hearing panel chair shall provide written notice of the date, time, location, participants, and purpose of all hearings, interviews, or other meetings, with sufficient time for the Party to prepare;
        • The College shall provide equal opportunities for the Parties and their advisors to inspect and review the evidence obtained by the College as part of its investigation, if the information is.
    • Hearing Procedures
      • After the Investigative Report is issued, the Title IX Coordinator will appoint three (3) individuals to serve as the hearing panel at the live hearing from the pool of trained employees. The Title IX Coordinator will provide to the Parties the names of the hearing panel members five (5) business days before the hearing. The Parties and hearing panel members shall have three (3) business days to report a conflict of interest to the Title IX Coordinator. Should the Parties or the hearing panel members indicate there is a conflict of interest, the Title IX Coordinator will appoint a different hearing panel member(s). One individual will serve as the chair of the hearing panel.
      • The following requirements for hearings will be observed:
        • The hearing shall be audio recorded for purposes of making a record of the hearing. Parties are allowed to inspect and review audio recordings. The hearing panel members’ deliberations shall not be recorded.
        • The Parties may, but are not required, to submit questions to the chair of the hearing panel three (3) business days prior to the hearing to determine relevancy of questions. Contact information for the chair will be provided to the Parties five (5) business days before the hearing.
        • The investigator may be subject to cross-examination at the live hearing if there are any disputes as to statements made during the investigation.
        • All advisors and Parties should review the Hearing Decorum Guidelines (Appendix 1). Should an advisor, Party, or witness not follow the guidelines of hearing decorum, the hearing panel chair shall stop the hearing and schedule to resume the hearing at a later date.
        • The Parties will have the opportunity to make an opening and a closing statement at the hearing. An advisor cannot make the opening and closing statements on behalf of a Party.
        • If a Complainant or Respondent does not have an advisor, the Title IX Coordinator will appoint an individual from the pool of trained College employees to serve as an advisor solely for the purpose of cross-examining witnesses and Parties.
        • No Party is allowed to personally question or cross examine another Party or witness at the hearing. Questioning or cross- examination must be done by an advisor.
        • Upon the request of the Complainant or Respondent, a hearing may take place via video technology with the Complainant and Respondent in different rooms. Although the Parties are not in the same room, the hearing will be a live hearing. Parties must be able to see one another. The College may hold the entire live hearing virtually or may allow some participants to appear virtually with technology such that every Party and witness can see and hear the others.
        • The chair of the hearing panel will preside over the hearing and make determinations as to relevance of each cross-examination question asked by advisors before a Complainant,
        • Respondent, or witness answers the question. If the chair determines any question is not relevant, the chair will document the reason they determined the question was not relevant.
      • A Complainant’s privacy must be protected, questions and evidence about the Complainant’s prior sexual behavior or sexual predisposition are not relevant. Questions or evidence about prior sexual history may be permitted in two narrow circumstances:
        • To prove someone other than Respondent committed the alleged conduct, or
        • Concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and is offered to prove consent.
      • Participation – Every person has the right to choose whether to participate or not participate in any part of the grievance process. No individual shall be forced, threatened, coerced, or discriminated against for choosing not to be a part of the formal grievance process. The decision maker/hearing panel must never make inferences about responsibility based on the fact that a Party or witness does not appear at the hearing or submit to the cross examination.
    • Determination and Findings
      • The hearing panel will objectively evaluate the relevant evidence and reach conclusions about whether the Respondent is responsible for the alleged sexual harassment. The decision maker/hearing panel members will receive training about how to be impartial and how to decide what evidence is relevant.
      • The hearing panel will deliberate, weigh all the relevant evidence and determine whether the Respondent violated this policy based on a preponderance of the evidence/more likely than not standard. A Respondent will be found responsible if the hearing panel determines it is more likely than not that a violation of the sexual harassment occurred based on information provided during the formal grievance process. The hearing panel’s decision will be determined by a majority vote.
      • The chair of the hearing panel will communicate the decision of the panel in a decision letter sent to the Parties and Title IX Coordinator simultaneously in writing via email within five (5) business days of the conclusion of the hearing.
      • The decision letter will include:
        • Description of the procedural steps that were taken by the hearing panel to arrive at the decision;
        • Findings of fact;
        • Which portion of the College ’s policies were violated, if any;
        • Application of facts to College ’s policies;
        • A rationale for each decision regarding the allegation(s);
        • Any sanction imposed on a Respondent and rationale for the sanction;
        • Whether the College will provide remedies for the Complainant;
        • Statement and rationale for any remedies for the Complainant addressing how equal access will be restored or preserved;
        • Either Party’s right to appeal; and
        • Instructions about how to file an appeal.
      • The Parties will receive simultaneous notice of the outcome of the hearing.
    • Appeals
      • After a determination is made at the hearing, or after the complaint is dismissed without an investigation or hearing, either Party has the right to appeal the decision within five (5) business days from the date on the decision letter. To appeal the decision, a Party must submit a request for an appeal in writing to the Title IX Coordinator via email (titleix@maryvillecollege.edu).
      • The request for an appeal must include a statement specifying the grounds for appeal. Parties can appeal on one or more of the following grounds:
        • A procedural error was made in the process that affected the outcome;
        • New evidence is available that was not reasonably available at the time of the determination of responsibility or dismissal, that could affect the outcome; or
        • The Title IX Coordinator, investigator, or 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.
      • Upon receipt of a request for an appeal, the Title IX Coordinator shall notify the Parties in writing that an appeal has been requested. The Parties may, but are not required, to submit a written statement supporting or challenging the appeal to the Title IX Coordinator.
      • The Title IX Coordinator will appoint three (3) individuals to serve as the appeal panel from the pool of trained employees. One (1) of these individuals will be a Cabinet member. The appeal panel will meet and determine whether the appeal is granted based on the information in the request for an appeal submitted by a Party. The appeal panel will deliberate and issue a decision in writing via email to the Parties within five (5) business days of the date the appeal was submitted. The decision will be made by a majority vote. The determination of the appeal panel is final.
      • Parties will be notified of the Outcome of the appeal simultaneously.
    • Remedies
      • When a hearing panel determines a Respondent is responsible for violating this policy, the hearing panel will provide remedies to the Complainant. Remedies are designed to restore the Complainant or preserve equal access to the College ’s programs and activities after a Respondent is found responsible for violating this policy. Remedies may include continued supportive measures offered to the Complainant and sanctions imposed on the Respondent. Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.
    • Sanctions
      • When a hearing panel determines a Respondent is responsible for violating this policy, the hearing panel may impose sanctions on the Respondent.
      • Sanctions for student Respondents include, but are not limited to:
        • Loss of privileges
        • Alcohol & Drug Education
        • Healthy Relationships Education
        • Apology Letters
        • Mentoring Meetings
        • Educational Projects
        • Referrals to Campus Resources
        • Dismissal form a course/class
        • Probation
        • Removal from housing
        • Suspension
        • Expulsion
      • When the Respondent is an employee, the hearing panel will send recommendations for sanctions to the Director of Human Resources. Sanctions for employee Respondents include, but are not limited to:
        • Verbal Meeting/Discussion
        • Written Warnings
        • Unpaid Leave
        • Termination
  • Informal Resolution Process
    • After a formal complaint is filed with the Title IX Coordinator and the Title IX Coordinator has sent the Parties a notification of a formal complaint, the Complainant and/or Respondent may initiate the informal resolution process before a determination of responsibility is reached. The request for informal resolution should be made to the Title IX Coordinator in writing.
    • The Complainant(s) and Respondent(s) must give informed, voluntarily consent in writing to participate in an informal resolution process. If one Party does not consent, the formal grievance process will continue. Parties may revoke consent at any time.
    • There may be instances when the Title IX Coordinator may not agree to informal resolution. Factors that will be consider in whether a Title IX Coordinator will not allow an informal resolution process include but are not limited to: the severity of the allegations, instances with multiple allegations against one Respondent, instances with multiple Respondents, and allegations involving the use of a weapon.
    • When an informal resolution process is requested and all Parties agree to submit to the informal resolution process, the Title IX Coordinator shall issue a Notice of Informal Resolution Process. The notice will include:
      • The allegations;
      • The requirements of the informal resolution process;
      • Information about Parties’ right to withdraw;
      • Notice of how records of the informal resolution process may be used; and
      • A request for voluntary written consent to the informal resolution process.
    • A Party may terminate the informal resolution process and begin the formal grievance process at any point before a resolution agreement is reached by notifying the Title IX Coordinator in writing via electronic mail. If the informal resolution process is terminated, the Title IX Coordinator shall notify the Parties via email and the formal grievance process will begin. The Title IX Coordinator or designee will facilitate an informal resolution with the Parties. At the conclusion of the informal resolution, the Parties will sign a resolution agreement.
    • A resolution agreement should be reached within ninety (90) calendar days of the date the Parties agreed to engage in the informal resolution process. If an agreement is not reached, the matter will return to the formal grievance process.
    • When the Parties reach a resolution agreement, the Title IX Coordinator will issue a Notification of Outcome. This notice will include:
      • A copy of the signed resolution agreement;
      • Expectations of the Parties to fulfill the agreement;
      • Any deadlines;
      • How records will be maintained; and
      • Contact information for Title IX Coordinator.
    • The Informal Resolution Process will be confidential. If an agreement is not reached by the Parties, the records of and/or information obtained in the Informal Resolution Process may not be used in the live hearing.
    • This Informal Resolution Process is not available for allegations with an employee Respondent and student Complainant.
  • Confidentiality
    • Maryville College will keep confidential the identity of any individual who has made a report, or who has filed a Formal Complaint, any Complainant, any Respondent, and any witness, except as may be permitted by the Family Education Rights and Privacy Act (FERPA) statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.
    • Maryville College officials have varying reporting responsibilities under state and federal law. These individuals will encourage victims to make a report to the Title IX Coordinator or local law enforcement. Students and student organizations cannot keep reports confidential, even if working with officials above who are able to maintain confidentiality of reports. Other Maryville College responsible employees receiving reports of conduct in violation of this policy are mandated reporters but will maintain privacy to every extent possible without compromising Maryville College’s ability to investigate and respond in accordance with applicable law and regulations. The Title IX Coordinator may be limited in the ability to investigate an anonymous report unless sufficient information is furnished to enable the Title IX Coordinator to conduct a meaningful and fair investigation. If the Complainant requests confidentiality, or that an investigation not be conducted, Maryville College may be limited in the actions it is able to take and its ability to respond while respecting the request. The Title IX Coordinator will take reasonable steps to comply with Complaint’s wishes when possible.
    • Notwithstanding a Complainant’s request that law enforcement not be informed of an incident, Maryville College is required to report information about an incident to law enforcement if necessary to address an articulable and significant threat posing a health or safety emergency, as defined by the implementing regulations of the Family Educational Rights and Privacy Act, 34 C.F.R. § 99.36. The Title IX Coordinator may be limited in the ability to investigate an anonymous report unless sufficient information is furnished to enable the Title IX Coordinator to conduct a meaningful and fair investigation. If the Complainant requests confidentiality or that the report not be pursued, Maryville College may also be limited in the actions it is able to take and its ability to respond.
    • Maryville College is required by federal law to issue timely warnings for reported incidents that pose a substantial threat of bodily harm or danger to members of the campus community. Maryville College will ensure, to every extent possible, that a victim’s name and other identifying information is not disclosed, while still providing enough information for members of the campus community to make decisions to address their own safety in light of the potential danger.
  • Disability Accommodations
    • The College makes every effort to reasonably accommodate the needs of a student or employee with a disability. A Complainant, Respondent, or witness may request accommodations by contacting the Director of Disability Resources & Compliance or by coordinating with the Title IX Coordinator.
  • Records
    • The College will maintain any and all documents, images, audio or visual recordings, related to a report, formal report, investigation, supportive measures, remedies, informal resolution for seven (7) years.
  • Training
    • The College maintains a list of employees trained to assist the Title IX Coordinator in carrying out the formal grievance process outlined in this policy. The employees on this list receive annual training on the following:
      • Definition of sexual harassment, including sexual assault, domestic violence, dating violence, and stalking;
      • The scope of College’s education programs and activities;
      • The informal resolution process;
      • How to conduct an investigation, including how to draft an investigative report, hearings, and appeals;
      • How to determine relevant evidence and questions;
      • How to conduct the formal grievance process, including hearings and appeals;
      • How to determine if questions are relevant;
      • How to determine if questions regarding the Complainant’s prior or past sexual behavior is relevant;
      • How to serve as an advisor, including how to cross examine Respondents, Complainants, and witnesses;
      • How to be impartial and unbiased in conducting the investigation and formal grievance process;
      • How to avoid prejudgment of the facts; what constitutes conflicts of interest; and technology utilized at any live hearing.

Appendix One

Rules of Decorum for Live Hearings

The purpose of the Rules of Decorum is to provide clear expectations for the behavior of all participants in the live hearing, and to provide clear notice of the consequences for failure to adhere to these expectations. This will help the live hearing to proceed in a more efficient and educational manner for all involved.

Rules for Participation

  1. Other than authorized Maryville College administrators, only the parties and their advisors, and called witnesses (while being questioned) are allowed in the hearing.
  2. If the hearing occurs virtually, it is expected that:
    • The party will be the only person in the physical room from which they are joining virtually (unless with their advisor).
    • Only the advisor will be in the physical room from which they are joining virtually (unless with the party).
    • Each witness will be the only person in the physical room from which the witness joins virtually.
    • All participants will keep their devices muted until asked to speak. The Hearing Chair or his/her designee may mute a participant, if appropriate.
  3. During the hearing, neither the parties nor their advisors will communicate with any other participant in the hearing, nor with anyone who is not a participant in the hearing regarding anything related to the hearing; this includes text messages, social media messaging or posting; similarly, witnesses may not communicate (including text, social media messaging, email, or phone) with any party, advisor, witness, or any person not a participant in the hearing regarding anything relating to the hearing.
  4. Participants are prohibited from recording the hearing or any portion of the hearing; the only recording made of the hearing will be made by the College.
  5. All participants at the hearing are expected to treat each other and the Hearing Panel with respect. Abusive or intimidating behavior will not be tolerated.
  6. Parties and advisors will refer to other parties, witnesses, advisors, and institutional staff using the name and gender used by the person and shall not intentionally mis-name or mis-gender another when communicating or questioning.
  7. Participants may not use profanity or aggressive/bullying language, unless such language is part of their testimony.
  8. Participants may not intimidate physically or verbally other advisors, parties, witnesses or the Hearing Panel; this includes interrupting other participants by interjecting, yelling, or making loud noises such as sighs, grunts, or laughter.
  9. Advisors may not speak on behalf of a party except as necessary to perform questioning.
  10. Advisors may not interrupt the proceedings to ask questions or interject; advisors may only participate consistent with the advisor expectations outlined in the policy/procedures.
  11. If an advisor does not adhere to these Rules of Decorum, they may be removed from the hearing.

Rules for Questioning

  1. Questions by parties or advisors must be neutral and may not be argumentative, badgering or intended to intimidate or otherwise attack other participants.
  2. Duplicative questions, or questions that seek to elicit information already provided by a party or witness, are prohibited.
  3. Questions about Complainant’s sexual predisposition and behaviors are prohibited, unless prior behavior is offered to prove that someone other than the Respondent committed the alleged sexual harassment, or if the question or evidence concerns sexual behavior between the Complainant and the Respondent and is offered to prove consent.
  4. All questions should be designed to obtain direct observations or facts, not personal opinion.
  5. Advisors will not be allowed to make statements on behalf of the party through their own line of questioning.
  6. The Hearing Panel Chair, with the consultation of the hearing panel, has the sole authority to determine relevancy of questions.
  7. The Hearing Panel Chair may determine that a question is not relevant as asked, and require the participant to rephrase the question, or restate the question in a manner that complies with the rules (respectful, neutral and non-abusive).
  8. Compound questions are not permitted, as the answer to a compound question may cause confusion for the participants, including the Hearing Panel.
  9. If the Hearing Panel Chair determines that these Rules have been violated, they will provide the participant with one opportunity to correct their behavior. If the Hearing Chair determines that the participant continues to violate these rules, the Hearing Panel Chair may either limit their participation moving forward or remove them from the Hearing. In the event that an advisor is removed from the hearing, the remainder of the hearing may be postponed as necessary to allow for the attendance of a new advisor.
  10. Any actions taken by the Hearing Panel Chair regarding violation of these rules or removal of participants, will be documented as part of the record made available upon appeal.