IV. Procedures and Protocols

A. Initial Review

When the College receives a complaint or otherwise learns of a concern about sexual misconduct, domestic violence, dating violence and/or stalking, it will review the matter to determine if the behavior, as reported, would violate MMC policies. If so, MMC will determine how to address the matter, as provided for below.

B. Decision to Proceed with Investigation

If the Reporting Party is willing to participate in the review and investigation process, the College will proceed as described in the Investigation section below. If the Reporting Party requests confidentiality or asks that the report of sexual misconduct not be pursued, the College will, generally before taking any further investigative steps, forward that information, along with all available information about the report, to the Title IX Team. The Title IX team is comprised of senior administrators, faculty and staff at the College who meet regularly to respond to complaints, identify and address compliance issues, review College policies and procedures, and monitor campus culture surrounding sexual and gender violence.

Even in those instances in which the Reporting Party does not wish to be involved in the process, interim measures and resources continue to be available (see Section J, below, Interim Measures).

The Title IX Team is charged with balancing the College’s tradition of supporting survivor- centered practices with the College’s equally strong commitments to providing due process to the Responding Party and promoting a safe community. Specifically, the Title IX Team members will provide information and advice to the Title IX Coordinator regarding:

Their perspectives on whether, how, and to what extent, College should further investigate the report of sexual misconduct;
What steps may be possible or appropriate when a Responding Party is unknown;
What other measures or remedies might be considered to address any effects of the reported sexual misconduct on the campus community. In all cases, the final decision on whether, how, and to what extent the College will conduct an investigation, and whether other measures will be taken in connection with any allegation of sexual misconduct, rests solely with the Title IX Coordinator.

C. Notification of Charges

The Reporting Party and the Responding Party shall be notified that the Responding Party is the subject of a complaint when it is determined that an investigation is warranted. Charges may be presented to the Responding Party in person, by placement in the individual’s residence hall or work mailbox, by email to the Responding Party’s official College email address or by mail to the Responding Party’s local or permanent address.

D. Investigation

The Title IX Coordinator and/or Director of Human Resources or designee will appoint an internal and/or external investigator to conduct a prompt, thorough and impartial investigation of the complaint. This investigation consists of (but will not necessarily be limited to) separate interviews of the Reporting Party, the Responding Party, other individuals who may have witnessed the reported incident or incidents or have other relevant information, and a review of any relevant documents, photographs or other materials. In addition to their interview, the Reporting Party and Responding Party may provide a written statement or supporting materials or identify other potential witnesses regarding the matter under review. At the completion of the investigation, the investigator will provide an investigation report to the Title IX Coordinator.

E. Rights of Persons Reporting and Responding to Sexual Misconduct Complaints

Both Reporting and Responding Parties shall have the right to participate in proceedings that are in accordance with College rules. Each shall have the right to receive written or electronic notice of any meeting or hearing they are required to or are eligible to attend. Either party may provide testimony via alternative arrangements such as telephone/videoconferencing to lessen confrontations. Prior sexual history or past mental health history shall be excluded in determining responsibility but may be considered in imposing an appropriate sanction. These and other rights are set forth below.

Subject to the College’s compliance with FERPA or any other primary right or privilege, the Reporting and Responding Parties have the right to review all evidence that has been relied upon in reaching the final decision in the case which directly relates to the party requesting the evidence. Such evidence shall be available for inspection in a case file maintained by the College after a determination of findings has been reached. While it may be inspected, it may not be removed, copied, or scanned.

F. Advisors

Both the Reporting and Responding Parties each may have an advisor of their choosing throughout the processes set forth in this policy. The advisor may be an attorney. The advisor may privately counsel the Reporting and Responding Parties, but may not speak on behalf of their advisee or otherwise actively participate in the investigation process.

G. Standard of Proof

The investigator’s findings will be made using the “preponderance of the evidence standard.” This standard requires that the information supporting a finding that the policy was violated be more convincing than the information in opposition to it. Under this standard, individuals are presumed not to have engaged in behavior that violates the policy unless a preponderance of the evidence supports a finding that such behavior occurred.

H. Findings and Outcomes

If the investigation determines that the policy was violated, the College will act promptly to eliminate the offending conduct, prevent its recurrence and address its effects, which may include sanctions/discipline, where appropriate. The Vice President for Student Affairs or Director of Human Resources or designee, in consultation with the Title IX Coordinator and appropriate senior administrators, will determine the appropriate sanctions and interventions based on the totality of the circumstances.

In those instances in which the underlying behavior occurred, but did not constitute a violation of this policy (e.g., the behavior was not sufficiently severe, persistent or pervasive as to constitute sexual harassment or did not meet the definition of domestic violence, dating violence or stalking), the College may still impose sanctions or take disciplinary action intended to stop the offending behavior when the misconduct violates the Code of Conduct. Such action may include any of the sanctions listed below, and will be reasonably calculated to stop the offending behavior.

Notice of Outcome – Notice of the outcome will be provided in writing to the Reporting and Responding Parties simultaneously.
Student Sanctions – Students found in violation of the policy are subject to sanctions or interventions that may include, but are not limited to one or more of the following:
1. Written Notice: A written notice stating that a student’s conduct is in violation of the Policy. Subsequent violations may result in the imposition of additional sanctions.
2. Disciplinary Probation: Levied for a specific period of time based on the seriousness of the case. Disciplinary Probation constitutes a loss of good standing at the College, and serves as a warning that any further violation of the Policy may result in the imposition of additional sanctions, including suspension or expulsion.
3. Restitution: Reimbursement in the amount of the cost to replace or repair stolen or damaged property of the College, the Reporting Party or another person, or to cover certain expenses of the Reporting Party.
4. Educational Sanctions/Imposition of Special Conditions: Assignment of an educational task appropriate to the circumstances of the case. Special conditions may include completion of training or educational programs, an educational project, service hours on campus or in the community; compliance with a behavioral contract; removal from specific courses or activities and/or permanent no contact directives.
5. Removal from College Housing: Placement in another room or housing unit or removal from college housing. Housing transfers or removals may be temporary or permanent depending on the circumstances.
6. Suspension: A separation of the student from the College for a definite or indefinite period of time or until written specified conditions are met. Conditions may include a ban on visitation on the campus and/or residential housing without prior written approval from the Vice President for Student Affairs or designee. For students found responsible for committing sexual assault, the sanction shall either be immediate suspension, with any other conditions, or expulsion.
7. Expulsion: Permanent termination of student status from the College.
Employee Discipline – A faculty or staff member found to have engaged in behavior that violates this policy may be subject to one or more of the following:
1. Written reprimand
2. Change in work assignment/hours
3. Loss of privileges (including, but not limited to loss of vacation and sabbatical)
4. Reduction in salary or loss of future wage increase
5. Mandatory training
6. Suspension without pay and/or termination of employment
7. Demotion to a lower academic rank
8. Loss of honorific title
9. Loss of chair, department, committee and/or division positions
Application of this Policy to Members of a Recognized Bargaining Unit - For those employees who are members of a recognized bargaining unit, the conduct proscribed herein shall be grounds for the imposition of a disciplinary sanction, in accordance with the grievance procedures contained in the relevant collective bargaining agreement.
Course/Educational Programming Content – Within the College’s educational setting, there is latitude for a faculty member to exercise professional judgment in determining the appropriate content and presentation of academic material. Academic curriculum and pedagogical goals that serve legitimate and reasonable educational purposes do not, in and of themselves, constitute sexual harassment or other unlawful discrimination. Faculty members who participate in the educational setting have a responsibility to balance their professional academic responsibilities and professional judgment in light of the reasonable sensitivities of other participants in the same educational setting. Nothing contained in this policy should be construed to limit the legitimate and reasonable academic responsibilities and professional judgment of the College’s professional educators.

I. Immediate and Ongoing Assistance

The College will assist individuals who report sexual misconduct in obtaining medical support and information regarding available legal and judicial resources, financial aid advising, immigration advice, as well as counseling and support services. The College will assist in notifying local police if the Reporting Party requests the assistance of law enforcement. The College will assist individuals in seeking protection or no contact orders (both internally or externally) and it will enforce, to the extent possible, all such orders, when the institution has been appropriately notified of the existence of such order. The College will not require the Reporting Party to notify law enforcement. Please be aware that some college employees may be obligated pursuant to law to report certain crimes to law enforcement or other college officials.

J. Interim Measures

Upon receiving a report of sexual misconduct, the College will provide the Reporting Party with a written explanation of the interim measures available on campus and through local community resources and will ask the Reporting Party if they would like to request interim measures. Examples of interim measures are listed below.

The College determines appropriate interim measures on a case-by-case basis. In those instances where interim measures affect both the Reporting and Responding Parties, the College will minimize the burden on the Reporting Party wherever appropriate.

Possible interim measures include:

Academic accommodations (e.g. change of class)
Medical and mental health services, including counseling
Change in campus housing and/or dining locations
Assistance in finding alternative housing
Assistance in arranging for alternative College employment location and/or work schedule
A “No contact” directive pending the outcome of an investigation. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another

When the continued presence of the Responding Party on campus, in the workplace and/or in the residence hall constitutes a threat to the security of one or more members of the College community, guests, or College property, interim measures may also include the Responding Party’s immediate suspension from all or any portion of College premises, College program or activity, or registered student organization activities. Interim suspensions are determined by the Vice President for Student Affairs or designee, or by the Director of Human Resources or designee. An interim suspension will be confirmed in writing and may remain in effect until the conclusion of the investigation and imposition of sanctions, if any.

K. Appeals

The Reporting Party and/or the Responding Party may appeal the outcome of the complaint. Appeals must be made in writing and submitted to the Title IX Coordinator within 14 calendar days of the notification of the decision regarding the outcome of the case. This deadline may be delayed for good cause shown (e.g. semester break, illness, etc.) upon approval of the Title IX Coordinator.

Grounds for Appeal- Appeals must be based on one or more of the following circumstances:
- A material deviation from the procedures affected the outcome of the case;
- There is new and relevant information that was unavailable, with reasonable diligence and effort, at the time of the investigation, that could reasonably affect the findings; or
- The sanctions are disproportionate to the determined violation(s).
Appeals Board - will consist of one faculty member and two staff members who will be appointed by the President.
Removal for Conflict of Interest - Appeals Board members may be removed from a particular case for cause, such as conflict of interest or bias. Requests to have an Appeal Board member removed should be made in writing to the Title IX Coordinator, describing the conflict of interest or bias that is the basis of the request.
Decision – The Appeals Board may consider appeals based on the circumstances above. The appeal is not a new hearing and will consist of a review of the record.

Upon review, the Appeals Board may make one of the following decisions within 14 calendar days from the request for an appeal:

Uphold the original outcome(s);
Modify the sanction(s); or
Remand the case with corrective instructions to the investigators.

L. Timeframes

Generally, the investigation and resolution will be completed within 60 days. In certain circumstances, such as College closures or time between terms, the timeframe may be extended. When it appears that there will be a delay in the process, the parties will be informed and provided with a new projected timeframe for completion.

M. Retaliation

The College will take appropriate steps to ensure that a person who in good faith reports, complains about, or participates in a sexual misconduct investigation will not be subjected to retaliation by the Responding Party or by others with knowledge of the underlying report. Anyone who believes they are experiencing retaliation is strongly encouraged to report that concern using the same procedure for reporting possible sexual misconduct under this policy. A retaliation concern will be reviewed as a separate offense under this policy; that is, a person can be found responsible for retaliation even if not found to be responsible for the underlying reported sexual misconduct.

The College also will take appropriate steps to ensure that a Responding Party accused of sexual misconduct or retaliation is treated fairly throughout the College’s review.