Section 1: Introduction
1.1 Policy Statement
1.2 Purpose
1.3 Applicability
1.4 Title IX Coordinator and Key Title IX Officials
1.5 Notification
1.6 Free Speech
1.7 Dissemination of Policy
1.8 Effective Date
1.9 Retaliation and False Statements Prohibited
1.10 Amnesty
1.11 Other Maryville College Policies
1.12 Modification and Review of this Policy
1.13 Additional Code of Conduct or Maryville College Policy Violations
1.14 Standard of Proof
Section 2: Definitions
2.1 Definitions of Prohibited Conduct Under this Policy
2.2 Definitions Related to Sexual Harassment: Consent, Course of Conduct, Incapacitation, Reasonable Person, Substantial Emotional Distress
2.3 Other Defined Terms
Section 3: Reporting Sexual Harassment and Preservation of Evidence
3.1 Reporting to Maryville College
3.2 Reporting to Law Enforcement
3.3 Reporting to Outside Agencies
3.4 Time Limits on Reporting
3.5 Maryville College’s Federal Reporting Obligations
3.6 Preservation of Evidence
Section 4: Initial Response to Prohibited Conduct
4.1 Limited Action.
Section 5: Investigation and Resolution Process
5.1 Notice of Allegations
5.2 Investigation
5.3 Hearing
5.4 Acceptance of Responsibility by the Respondent
5.5 Notice of Hearing
5.6 Challenge to Decision-Maker
5.7 Hearing Process
5.8 Recording of the Hearing
5.9 Determination Regarding Responsibility
5.10 Range of Disciplinary Sanctions
Section 6: Grievance Process
6.1 Bases for Appeal.
6.2 Appeal Procedures
Section 7: Informed Resolution Process
Section 8: Emergency Removal and Administrative Leave
8.1 Emergency Removal.
8.2 Administrative Leave
Section 9: Applicable State Laws
Section 1: Introduction
1.1 Policy Statement: Maryville College (MC) is committed to creating and maintaining a learning and working environment that is free from unlawful discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act, Clery Act, and the Violence Against Women Act (VAWA). Prohibited Conduct under this Policy will not be tolerated by MC and is grounds for disciplinary action, up to and including, permanent dismissal from MC and/or termination of
Section 1: Introduction.
1.1 Policy Statement
1.2 Purpose
1.3 Applicability
1.4 Title IX Coordinator and Key Title IX Officials
1.5 Notification
1.6 Free Speech
1.7 Dissemination of Policy
1.8 Effective Date
1.9 Retaliation and False Statements Prohibited
1.10 Amnesty
1.11 Other Policies
1.12 Modification and Review of this Policy
1.13 Additional Code of Conduct or Maryville College Policy Violations
1.14 Standard of Proof
Section 2: Definitions
2.1 Definitions of Prohibited Conduct Under this Policy
2.2 Definitions Related to Sexual Harassment: Consent, Course of Conduct, Incapacitation, Reasonable Person, Substantial Emotional Distress
2.3 Other Defined Terms
Section 3: Reporting Sexual Harassment and Preservation of Evidence
3.1 Reporting to Maryville College
3.2 Reporting to Law Enforcement
3.3 Reporting to Outside Agencies
3.4 Time Limits on Reporting
3.5 Maryville College’s Federal Reporting Obligations
3.6 Preservation of Evidence
Section 4: Initial Response to Reported Sexual Harassment
Section 5: Formal Complaint
5.1 Filing a Formal Complaint
5.2 Dismissal of a Formal Complaint
5.3 Consolidation of Formal Complaints
Section 6: Grievance Process
6.1 General Grievance Process Information
6.2 Notice of Allegations
6.3 Investigation of Formal Complaint
6.4 Live Hearing
Section 7: Appeals
7.1 Bases for Appeal
7.2 Appeal Procedures
7.3 Appeal Timeframe
Section 8: Informal Resolution Process
8.1 Informal Resolution Notice
8.2 Informal Resolution Agreement
8.3 Informal Resolution Availability
8.4 Informal Resolution Timeframe
8.5 Informal Resolution Documentation
Section 9: Emergency Removal and Administrative Leave
9.1 Emergency Removal
9.2 Administrative Leave
Section 10: Recordkeeping
Section 11: Additional Conduct Violations Related to This Policy
Section 12: Applicable State Laws
Section 1: Introduction
1.1 Policy Statement: Maryville College (MC) is committed to creating and maintaining a learning and working environment that is free from unlawful discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act, Clery Act, and the Violence Against Women Act (VAWA). Sexual Harassment and Retaliation under this Policy will not be tolerated by MC and is grounds for disciplinary action, up to and including, permanent dismissal from MC and/or termination of employment.
1.2 Purpose: MC takes all reported sexual misconduct and harassment seriously. MC will promptly discipline any individuals within its control who are found responsible for violating this Policy. Additionally, reported sexual misconduct, harassment, and retaliation that does not meet the definitions and jurisdiction of this policy will be referred for review under the Non-Title IX Sexual Harassment Policy in compliance with VAWA and Clery Act.
Section 1: Applicability
Section 2: Advisors
Section 3: Investigation Procedures
3.1 Notice of Allegations
3.2 Investigation Process
3.3 Timing of the Investigation
3.4 Report
Section 4: Appeals
Section 5: Acceptance of Responsibility
Section 6: Informal Resolution
Section 7: Culture
Section 8: Intersection of Policies
Section 1: Applicability
The procedures in this section shall be used to investigate and resolve reported Title IX matters that allege discrimination that falls outside of the Title IX Policy – Sexual Harassment (“Title IX Policy – Other Than Sexual Harassment”). These procedures shall be used in conjunction with the Sexual Harassment Policy for purposes of identification of key Title IX officials (Section 1.0), definitions (Section 2.0), and reporting options (Section 3.0).
Discrimination prohibited under this policy includes: the exclusion from participation in, denial of the benefits from, or subjection to unfavorable treatment in any Maryville College (MC) Education Program or Activity on the basis of sex.
The effective date of this Policy is 2025-06-01
Section 2: Advisors
Complainants and Respondents may be accompanied by an advisor of their choice throughout the investigation. An advisor’s role is limited to assisting, advising, and/or supporting a Complainant or Respondent. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent.
Section 3: Investigation Procedures
If the allegations fall within the scope of this policy and the matter does not resolve using the informal resolution process, MC will conduct a prompt, thorough, and impartial investigation of the reported discrimination. The Title IX Coordinator or a trained designee will be an investigator who will conduct investigative meetings, gather information and evidence, and make an independent determination as to whether a violation of the policy occurred using a preponderance of the evidence standard.
The Respondent is presumed not responsible until a determination has been reached by the investigator.
3.1 Notice of Allegations: A written Notice of Allegations will be sent to the Complainant and Respondent, constituting the initiation of the investigation. The Notice of Allegations will contain a summary of the allegation(s) or conduct at issue. This will include the identities of the parties involved, the date and location of the incident (if known), and a link to the appropriate policies. Once the Notice of Allegations has been sent to the parties, the investigation begins.
3.2 Investigation Process: The Complainant and Respondent will have an equal opportunity to be heard, identify witnesses, and provide information and evidence. The investigator will gather additional information and evidence as appropriate, including, but not limited to, social media information, text messages, email messages, videos, and other records. The investigator has the discretion to determine the relevance of information and witnesses and decide whether information or evidence should be excluded as irrelevant.
3.3 Timing of the Investigation: MC strives to complete the investigation within sixty (60) business days from the issuance of the Notice of All extensions of this time frame will be communicated with the parties in writing.
3.4 Report: At the conclusion of the investigation, the investigator will draft a report with a finding regarding responsibility based on a preponderance of the evidence standard. The report will include the applicable sanctions if there is a finding of “responsible.” Sanction determinations will be made in collaboration with the Director of Human Resources if the Respondent is a faculty or staff member, or the Director of Student Conduct if the Respondent is a student. A copy of the report will be provided simultaneously to the Complainant and Respondent.
Section 4: Appeals
The Complainant or Respondent may appeal the decision of the investigator based only on the following grounds:
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- The existence of a procedural irregularity that materially affected the outcome;
- The existence of new evidence that was not reasonably available at the time the determination regarding responsibility that could have affected the outcome;
- The Title IX Coordinator and/or investigator(s) had a conflict of interest or bias that affected the
Appeals must be made in writing and submitted to the Title IX Coordinator within three (3) business days of the receipt of the final decision. The appellate decision-maker will notify the other non-appealing party of the appeal and allow for written response from the non-appealing party within five (5) business days of receiving this notification of appeal. A determination regarding the appeal will be made by the appellate decision-maker within twenty (20) business days after receipt of the appeal.
Section 5: Acceptance of Responsibility
The Respondent may, at any time, request to resolve the investigation process or resolve specific allegation(s) by accepting responsibility for the alleged misconduct. The Title IX Coordinator will complete a summary report of the information gathered. The Title IX Coordinator will consider the request; if the request is granted, the Title IX Coordinator, in consultation with the Director of Human Resources if the Respondent is a faculty or staff member, or the Director of Student Conduct if the Respondent is a student, will determine the appropriate sanction(s).
Section 6: Informal Resolution
The Complainant and Respondent may agree to Informal Resolution at any time prior to a determination regarding responsibility if the Title IX Coordinator deems the matter appropriate for Informal Resolution1. The Title IX Coordinator will consider the following when determining whether to permit a matter to move to Informal Resolution:
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- The nature of the allegations;
- The dynamics of power or control associated with the alleged offense or the parties involved;
- The Respondent’s prior known conduct;
- Whether there would be a continuing safety threat to the MC community after resolution of allegations;
- Whether multiple parties are involved;
- Any other factor deemed relevant by the Title IX Coordinator in the interest of overall MC safety or safety of the parties involved.
Participation in Informal Resolution is a choice, and either party can request to end the Informal Resolution process and pursue an investigation at any time, including if Informal Resolution is unsuccessful at resolving the matter. Similarly, either party can request to end an investigation and pursue Informal Resolution at any time, though entering Informal Resolution must be agreed to in writing by the parties.
Section 7: Culture
Allegations related to a culture of Title IX Discrimination by a group, organization, department, division, or MC as a whole will be investigated and resolved as closely as possible to this policy. Resolutions for a group, organization, division, or MC will be communicated with the highest-ranking member of the group, organization, department, division, or MC.
Section 8: Intersection of Policies
The procedures in this policy are the exclusive means of resolving complaints of alleged violations of Title IX involving complaints of Non-Harassment Title IX Discrimination brought against MC faculty, staff, or students. To the extent there are any inconsistencies between these procedures and other MC grievance, complaint, or discipline procedures, these complaint resolution procedures will control the resolution of complaints alleging Non-Harassment Title IX Discrimination.
1The Title IX Coordinator may, at any time, withdraw approval for the Informal Resolution and return the matter to investigation.