12.3.11. Faculty & Staff Procedure

Reports or complaints of alleged sexual misconduct by or against a University faculty, staff, employee, or contractor will follow the Sexual Misconduct Policy and procedures previously outlined throughout Section 12.3 of the University Bulletin. Exceptions and additions to such policies and procedures are outlined in this subsection. (For purposes of this subsection, faculty, staff, employees, and contractors may be collectively referred to as employee(s)).

12.3.11.1. Receipt of Report and/or complaint against an Employee.

The University and Title IX Coordinator will take extra care to immediately ensure safety of any student and prevent any potential ongoing sexual misconduct from occurring. The Title IX Coordinator will immediately inform supervisors and the Director of Human Resources. The Director of Human Resources may attend meetings, advise, and assist the Title IX Coordinator throughout the process.

12.3.11.2. Investigator

As deemed appropriate by the Title IX Coordinator and Director of Human Resources, an external Investigator may be employed to conduct the investigation.

12.3.11.3. Determination of Responsibility

In the instance of an employee respondent, a determination of responsibility and resulting sanctions and/or remedies shall not be made by a Hearing Panel, or facilitated by the Hearing Coordinator. There will be no live hearing. Any requisite determination of responsibility shall be instead made as follows:
• Faculty. The University Provost, the Associate Provost, and the supervising Division Chair will serve on a Determination Committee to review the investigative report. If the Associate Provost or Division Chair is not available or otherwise conflicted, the Title IX Coordinator may select another Division Chair to serve in their place. The Committee will meet at a designated time to review the investigative report and may call any witnesses, including the parties involved, in order to make a determination of responsibility. The Committee will also assess sanctions and/or remedies. The Title IX Coordinator and/or HR Director may be present during the Committee review to advise on relevant rules and policies. A written decision letter by the Provost will be delivered to both parties.

• Non-Faculty Employees. The Title IX Coordinator will appoint a three-person Determination Committee consisting of the appropriate supervisor(s) (may be immediate or higher) and members of the President’s Cabinet. At least one University Vice President must be on the Committee. If a supervisor is not available or otherwise conflicted, the Title IX Coordinator may select another Director or Vice President to serve in their place. The Committee will meet at a designated time to review the investigative report and may call any witnesses, including the parties involved, in order to make a determination of responsibility. The Committee will also assess sanctions and/or remedies. The Title IX Coordinator and HR Director may be present during the Committee review to advise on relevant rules and policies. A written decision letter will be delivered to both parties.

• Students. A student Respondent will be subject to the previously stated policies of Section 12.3 and will be entitled to a live hearing with a Hearing Panel as outlined therein.

12.3.11.4. Available Sanctions

Where an employee Respondent is found responsible, sanctions may include an oral or a written warning, a written reprimand, a requirement to attend training, work restrictions, salary reduction or limitation, suspension, dismissal/termination, injunction against re-employment or contract renewal, community work, fine, probation, educational classes, counseling, papers, directed study, letters of apology, restitution, orders to perform or to stop certain actions, or other educational sanctions. Determinations will be made in accordance with the Progressive Discipline & Grievance Process outlined in the Employee Handbook.
• Faculty. The termination of a faculty member is subject to policies outlined in the Faculty Handbook and must be initiated by the University Provost.

12.3.11.5. Appeal

Either party may submit a written request for appeal to the Title IX Coordinator within five (5) business days of the written decision letter by the Determination Committee. Any appeals for termination of a faculty members are not subject to this policy and must follow the procedures outlined in Section N of the Faculty Handbook.
Appeals will be assessed by the University President. The Title IX Coordinator will notify the Complainant or the Respondent if the other party submits an appeal and provide them with a copy of the appeal to be reviewed on campus. If either party is unable to come to campus, the Title IX Coordinator may coordinate a remote review of the appeal. The non-appealing party will have five (5) business days from receipt of the appeal to prepare and submit a written response, if they choose to do so.

12.3.11.5.1. Grounds for Appeal:

• The sanction(s) assessed to the Complainant is not commensurate with the violation or is unjust.

• The Investigator or Determination Committee violated the fair application of relevant University policy and such violation had a prejudicial effect upon the outcome.

• New evidence was discovered after the decision and could not have readily been discovered before the decision, which could change the outcome.