Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class as prohibited by this Policy; or retaliation for engaging in a protected activity.
Confidential Resource means an employee, person, or entity who by a legal privilege or professional obligation will maintain confidentiality unless there is clear and imminent threat to a client or others or when legal requirements demand such as court-ordered testimony.
Day means a calendar day.
Final Determination: A conclusion by a preponderance of evidence standard that it is more likely than not that the alleged conduct occurred and whether it did or did not violate policy.
Finding: A conclusion by the preponderance of evidence standard that it is more likely than not that the conduct did or did not occur as alleged.
Formal Grievance Process means “Process A,” a method of formal resolution designated by the College to address conduct that falls within the scope of Title IX, and which complies with the requirements of 34 CFR Part 106.45.
Hearing Decision-Maker or Panel refers to those who have decision-making and sanctioning authority within the College’s Formal Grievance process.
Investigator means the person or persons charged by the College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
Official with Authority (OWA) means an employee of the College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the College.
Parties include the Complainant(s) and Respondent(s), collectively.
Process A means the Formal Grievance Process for qualifying allegations of sexual harassment under Title IX (including sexual assault, dating violence, domestic violence, and stalking) involving students, staff, administrators, or faculty members which fall within the College’s educational programs or activities.
Process B means the resolution procedures for offenses that fall under policies on protected class harassment or discrimination. Process B can also apply to sexual harassment (including sexual assault, dating violence, domestic violence, and stalking,) when jurisdiction does not fall within Process A, of which parties will receive notice from the Title IX Coordinator.
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class under this Policy; or retaliation for engaging in a protected activity.
Sanction means a consequence imposed by the College on a Respondent who is found to have violated this Policy.
Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence as defined in this Policy.
Title IX Coordinator is at least one official designated by the College to ensure compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
Title IX Team refers to the Title IX Coordinator, any deputy coordinator, and any member of the Grievance Process Pool.