B. Initial Assessment of Applicable Scope/Process
Upon receipt of any formal complaint of violation of this Policy, the Title IX Coordinator will promptly conduct an initial assessment to determine the next steps the College needs to take. The College will initiate at least one of three responses:
1) Provide the Complainant with assistance and support only, based on the Complainant’s request that the College not take action, where that request is not clearly unreasonable;
2) Determine the circumstances satisfy the jurisdictional requirements of Title IX at 34 CFR 106.45 and resolve the complaint under informal or formal “Process A” resolution procedures;
3) Determine the circumstances do not satisfy the jurisdictional requirements of Title IX at 34 CFR 106.45 and dismiss the complaint under Title IX, but resolve the complaint under informal or formal “Process B” resolution procedures, or other policies and procedures, as applicable.
Specifically, Process A procedures apply only to qualifying allegations of sexual harassment under Title IX (including sexual assault, dating violence, domestic violence, and stalking, as defined elsewhere) involving students, staff, administrators, or faculty members. If they do not, they must or may be “dismissed” as follows:
The College must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
1) The alleged conduct would not constitute sexual harassment as defined in the Policy herein above, even if proven;
2) The College does not substantially control both the Respondent and the context in which the alleged harassment occurs, nor did it occur in any building owned or controlled by a student organization that is officially recognized by the College, such as a fraternity or sorority;
3) The alleged conduct did not occur against a person in the United States; and/or
4) At the time of filing a complaint, a complainant is not participating in or attempting to participate in the education program or activity of the College.
The College may dismiss a complaint or any allegations therein if, at any time during the investigation or hearing:
1) A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the complaint or any allegations therein; or
2) The Respondent is no longer enrolled in or employed by the College; or
3) Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the complaint or allegations therein.
Upon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. This dismissal decision is appealable by any party under the procedures for appeal below. A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.
Dismissing a complaint under Title IX may be procedural, and does not limit the College’s authority to address a complaint with an appropriate process and remedies. If the Title IX Coordinator determines that the misconduct alleged does not fall within the scope of Title IX, other policies may apply and the matter may be referred for resolution, including under Process B.
Process B applies to the resolution of offenses such as violations of policies on protected class harassment or discrimination above. Process B can also apply to sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) when jurisdiction does not fall within Process A, as specified by the Title IX Coordinator.