Part D: Appendices

The following definitions apply to the Sex-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy:

• Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to a Resolution Process and advise the party within that process.
• Appeal Decision-maker. The person who accepts or rejects a submitted appeal request, determines whether any of the appeal grounds are met, and directs responsive action(s) accordingly.
• Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination, sex-based harassment, or retaliation under this Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination, sex-based harassment, retaliation or other prohibited conduct under this Policy and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged sex discrimination, sex-based harassment, retaliation, or other prohibited conduct.
• Complaint. An oral or written request to the College that can objectively be understood as a request for the College to investigate and make a finding on alleged Policy violation(s).
• Confidential Employee.
  • An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
  • An employee whom the College has designated as confidential under this Policy for the purpose of providing services to persons related to sex discrimination, sex-based harassment, sexual misconduct, retaliation, or other prohibited conduct (within the scope of this Policy). If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about sex discrimination, sex-based harassment, sexual misconduct, retaliation, or other prohibited conduct in connection with providing those services; or
  • Any employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination, sex-based harassment, sexual misconduct, retaliation, or other prohibited conduct. The employee’s confidential status only applies with respect to information received while conducting the study.
• Day. A business day when the College is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
• Decision-maker. The person(s) who review evidence, determine relevance, and make the Final Determination of whether Policy has been violated and/or assigns sanctions.
• Education Program or Activity. Locations, events, or circumstances where Saint Mary’s College exercises substantial control over the context in which the sex discrimination, sex-based harassment, sexual misconduct, retaliation, or other prohibited conduct occurs; and also includes any building owned or controlled by a student organization that the College officially recognizes.
• Employee. A person employed by Saint Mary’s College either full- or part-time, including student employees when acting within the scope of their employment.
• Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.
• Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
• Informal Resolution. A resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a Final Determination in an Administrative Resolution.
• Investigation Report. The Investigator(s)’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
• Investigator. The person(s) authorized by the College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.
• Knowledge. When the College receives Notice of conduct that reasonably may constitute sex discrimination, sex-based harassment, sexual misconduct, retaliation, or other prohibited conduct related to the scope of this Policy in its education program or activity.
• Mandated Reporter. A College employee who is obligated by Policy to share Knowledge, Notice, and/or reports of sex discrimination, sex-based harassment, sexual misconduct, or other prohibited conduct with the Title IX Coordinator.¹
• Notice. When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of sex discrimination, sex-based harassment, retaliation, or other prohibited conduct covered by this Policy.
• Parties. The Complainant(s) and Respondent(s), collectively.
• Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
• Relevant Evidence. Evidence that may aid a Decision-maker in determining whether the alleged sex discrimination, sex-based harassment, sexual misconduct, retaliation, or other prohibited conduct occurred, or in determining the credibility of the Parties or witnesses.
• Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to the College’s education program or activity.
• Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution and Administrative Resolution.
• Respondent. A person who is alleged to have engaged in conduct that could constitute sex discrimination, sex-based harassment, sexual misconduct, retaliation in a protected activity under this Policy, or other prohibited conduct within the scope of this Policy.
• Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.
• Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
• Student. Any person who has gained admission.
• Title IX Coordinator. At least one official designated by the College to ensure ultimate oversight of 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.
• Title IX Team. The Title IX Coordinator, any liaisons, and any member of the Resolution Process Pool.

Under this Policy and procedures, the Parties have the right to:

• An equitable investigation and resolution of all credible allegations of prohibited sex discrimination, sex-based harassment, sexual misconduct, retaliation, and other prohibited conduct, when reported in good faith to college officials.
• Timely written notice of all alleged violations, including the identity of the Parties involved (if known), the specific misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated Policies and procedures, and possible sanctions.
• Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants) by updating the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify potentially implicated Policy violations.
• Be informed in advance of any College public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
• Have all personally identifiable information protected from the College’s release to the public without consent, except to the extent permitted by law.
• Be treated with respect by Saint Mary’s College officials.
• Have College Policy and these procedures followed without material deviation.
• Voluntarily agree to resolve allegations under this Policy through Informal Resolution without pressure from the College, if Informal Resolution is approved by the Title IX Coordinator.
• Not be discouraged by college officials from reporting sex discrimination, sex-based harassment, sexual misconduct, retaliation, and other prohibited conduct to both on-campus and off-campus authorities.
• Be informed of options to notify proper law enforcement authorities, including local police, and the option(s) to be assisted by the College in notifying such authorities, if the party chooses. This also includes the right to not be pressured to report.
• Have allegations of violations of this Policy responded to promptly and with sensitivity by the Saint Mary’s College safety personnel and/or other officials.
• Be informed of available supportive measures, such as counseling, advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on-campus and in the community.
• A College-implemented no contact directive, or options for a no trespass order against a non-affiliated third party, when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct.
• Be informed of available assistance in changing academic, living, and/or employment situations after an alleged incident of sex discrimination, sex-based harassment, sexual misconduct, retaliation, and/or other prohibited conduct if such changes are reasonably available. No formal report, or investigation, either institutional or criminal, needs to occur for this option to be available. Such actions may include, but are not limited to:
  • Relocating a residential student’s housing to a different on-campus location
  • Changing an employee’s work environment (e.g., reporting structure, office/workspace location)
  • Transportation assistance
  • Visa/immigration assistance
  • Arranging to dissolve a housing contract and provide a pro-rated refund
  • Rescheduling or adjusting an exam, paper, and/or assignment
  • Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)
  • Transferring class sections
  • Temporary withdrawal/leave of absence (may be retroactive)
  • Campus safety escorts
  • Alternative course completion options
• Have the College maintain supportive measures for as long as necessary, ensuring they remain confidential, provided confidentiality does not impair the College’s ability to provide the supportive measures.
• Receive sufficiently advanced written notice of any College meetings or interviews involving another party, when possible.
• Identify and have the Investigator(s) and/or Decision-makers question relevant available witnesses, including expert witnesses.
• Provide the Investigator(s)/Decision-makers with a list of questions that, if deemed relevant and permissible by the Investigator(s)/Decision-makers, may be asked of any party or witness.
• Have Complainant’s inadmissible sexual interests/prior sexual history or any Party’s irrelevant character evidence excluded by the Decision-makers.
• Access the relevant evidence obtained and respond to that evidence.
• A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
• Receive a copy of all relevant and permissible evidence obtained during the investigation, subject to privacy limitations imposed by federal and state law, and be given an opportunity to review and comment on the evidence.
• The right to receive a copy of the Final Investigation report, including all factual, Policy, and/or credibility analyses performed.
• Be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
• Regular status updates on the investigation and/or Resolution Process.
• Have reports of alleged Policy violations addressed by Resolution Process Pool members who have received relevant annual training as required by law.
• Preservation of confidentiality/privacy, to the extent possible and permitted by law.
• Meetings and interviews that are closed to the public.
• Petition that any College representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
• Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the Resolution Process.
• Apply the appropriate standard of proof, preponderance of the evidence, to make a Finding and Final Determination after an objective evaluation of all relevant and permissible evidence.
• Have an impact and/or mitigation statement considered by the Decision-makers following a determination of responsibility for any allegation, but prior to sanctioning.
• Be promptly informed of the Resolution Process finding(s) and sanction(s) (if any) and be given a detailed rationale of the decision (including an explanation of how credibility was assessed) in a written outcome letter delivered to the Parties simultaneously (without undue delay).
• Be informed in writing of when a college decision is considered final and any changes to the Final Determination or sanction(s) that occur post outcome letter delivery.
• Be informed of the opportunity to appeal the Resolution Process finding(s) and sanction(s), and the procedures for doing so in accordance with the College’s grounds for appeal.
• A fundamentally fair resolution as defined in these procedures.

For the purpose of this Policy, the terms privacy, confidentiality, and privilege have distinct meanings.

• Privacy. Means that information related to a complaint will be shared with a limited number of Saint Mary’s College employees, or external contracted persons, who “need to know” in order to assist in providing supportive measures or evaluating, investigating, or resolving the Complaint. All employees who are involved in the College’s response to Notice under this Policy receive specific training and guidance about sharing and safeguarding private information in accordance with federal and state law.
• Confidentiality. Exists in the context of laws or professional ethics (including Title IX) that protect certain relationships, including clinical care, mental health providers, and counselors. Confidentiality also applies to those designated by the College as Confidential Employees for purposes of reports under this Policy, regardless of legal or ethical protections. When a Complainant shares information with a Confidential Employee, the Confidential Employee does not need to disclose that information to the Title IX Coordinator. The Confidential Resource will, however, provide the Complainant with the Title IX Coordinator’s contact information, assist the Complainant in reporting, if desired, and provide them with information on how the Title IX Support and Compliance Office can assist them.
  • With respect to Confidential Employees, information may be disclosed when: (1) the reporting person gives written consent for its disclosure; (2) there is a concern that the person will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or persons with disabilities. 
  • Non-identifiable information may be shared by Confidential Employees for statistical tracking purposes as required by the Clery Act/Violence Against Women Act (VAWA). Other information may be shared as required by law.
• Privilege. Exists in the context of laws that protect certain relationships, including attorneys, spouses, and clergy. Privilege is maintained by a provider unless a court orders the release or the holder of the privilege (e.g., a client, spouse, parishioner) waives the protections of the privilege. The College treats employees who have the ability to have privileged communications as Confidential Employees (when acting in that role).

The College reserves the right to determine which College officials have a legitimate educational interest in being informed about student-related incidents that fall under this Policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Only a small group of officials who need to know will typically be told about the Complaint. Information will be shared as necessary with Investigators, Decision-makers, Appeal Decision-makers, witnesses, the Parties, and the Parties’ Advisors. The circle of people with this knowledge will be kept as tight as possible to preserve the Parties’ rights and privacy, and release is governed by the institution’s unauthorized disclosure policy.

The College may contact students’ parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk but will usually consult with the student prior to doing so.

Right to an Advisor

Individuals bringing forward allegations (“Complainants”), and individuals responding to allegations (“Respondents”) may select any person to be an Advisor¹ of their choice. Parties also have a right to choose to not have an Advisor.

The parties are expected to inform the Title IX Coordinator of the identity of their Advisor at least one (1) business day before the date of the scheduled interview or meeting (or as soon as possible if a more expeditious meeting is necessary or desired). A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. A new Release of Information for each Advisor will be required before the Title IX Coordinator, or any person involved in the resolution process, will communicate with someone identified as an Advisor. If Advisors are changes throughout the process, the Release of Information for that Advisor will null any and all prior releases to formerly identified Advisors but may be reinstituted if a change back occurs.

The College cannot guarantee equal Advisory rights, meaning that is one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney.

Support Person(s)

The parties are encouraged to seek guidance from other individuals of their choosing for continued physical, mental, and emotional support throughout the process.

A support person, or advocate, who is not designated as the party’s “Advisor” may not attend interviews or be present at meetings unless given exception by the Title IX Coordinator, which will then allow for equitable opportunity for the other party to also have a support person present as well.

Who Can Serve as an Advisor

The Advisor may be a friend, mentor, family member, attorney, or any other individuals a party chooses to advise, support, and consult with them through a resolution process as long as the Advisor is eligible and available.²

Parties may choose an Advisor from inside or outside of the College community. 

Advisors are subject to the same College policies and administrative rules, whether they are attorneys or not.

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker(s).

If the parties choose an Advisor from outside the pool of those identified by the College, the Advisor may not have been trained by the College and may not be familiar with Saint Mary’s College policies and procedures.

College-Appointed Advisor

The Title IX Coordinator will offer to assign an Advisor for any party if the party so chooses. If the parties choose an Advisor from the pool available, the Advisor will be trained and familiar with the College’s resolution processes. 

College-Appointed Advisors can provide clarification about Saint Mary’s College policies and procedures, and may attend all meetings, investigation interviews, and resolution proceedings, at which their advisee is entitled to be present, and review documents and materials from the investigation, the draft and final investigation report, and any relevant documents related to the outcome of the resolution process. A College-Appointed Advisor cannot provide legal advice.

Expectations of an Advisor

Advisors should assist a party with preparing for any meeting or interview that is associated with the investigation, administrative resolution, and/or appeal process. Advisors should help their advisee prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

The College generally expects an Advisor to adjust their schedule to allow them to attend College meetings/interviews when planned, but the College may change schedules meetings/interviews to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

The College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview by telephone, video conferencing, or other similar technologies as may be convenient and available.

All Advisors are subject to the same College policies and procedures, whether they are attorneys or not. The College may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations.

The parties are expected to respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as need, or quietly passing notes during any resolution process meeting or interview, as long as they do not disrupt the process. For longer or more involved discussions, the parties should ask for a break to allow for private consultation.

Advisors who act outside of their role or who impede or obstruct proceedings, who disseminate information to third party individuals or organizations, who represent themselves to others who are engaged in our process as having any role other than an Advisor in the process may be excluded from investigation and resolution proceedings.

Any Advisor who oversteps their role as defined by this Policy will be warned once and only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the Advisor will be asked to leave the meeting. When an Advisor is removed from a meeting, that meeting will typically continue without the Advisor present. Subsequently, the Title IX Coordinator will determine whether the Advisor may be reinstated or replaced by a different Advisor. 

Advisor Role in Meetings and Interviews

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help their advisee prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

Advisors may request to meet with the administrative officials conducting interviews/meetings in advance of these interviews and meetings to clarify and understand their role and the College’s policies and procedures.

Sharing Information with an Advisor

The College expects that the parties may wish to have the College share documentation and evidence related to the allegations with their Advisor. The College provides a release of information form authorizing the College to share such information directly with a party’s Advisor. The parties must complete and submit this form to the Title IX Coordinator before the College is able to share records with an Advisor. This form is available from the Title IX Coordinator.

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the College. The College may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations.

The College’s communication protocol with the Complainant or Respondent does not permit going through a representative or other intermediary because of the importance of direct communication with the Complainant or Respondent during the investigation and resolution process as described in this Policy. The College will not approve requests that all communication be made through an attorney Advisor, however, will make every effort to include an Advisor as a “cc” in communications related to the resolution process, if so desired by the party.

Assistance in Securing an External Advisor

Parties can find legal assistance through a number of community resources listed below. A party can choose to hire independent legal counsel to serve as an Advisor. In that event, the individual is solely responsible for any fees related to the representation.

Bay Area Legal Aid may be a resource used to source information and referrals for legal representation.

• Website: http://baylegal.org/get-help/find-an-office/contra-costa-county/
• Phone: (510) 233-6846

For representation, Respondents may wish to contact organizations such as: 

• FACE (http://www.facecampusequality.org)
• SAVE (http://www.saveservices.org)

For representation, Complainants may wish to contact organizations such as: 

• The Victim Rights Law Center (http://www.victimrights.org),
• The National Center for Victims of Crime (http://www.victimsofcrime.org), which maintains the Crime Victim's Bar Association,

The Times Up Legal Defense Fund (http://nwlc.org/times-up-legal-defense-fund/)

In some cases, the Title IX Coordinator may determine that a threat assessment or violence risk assessment (hereafter “VRA”) should occur, with consultation of Human Resources for situations involving an employee, or Dean of Students for those involving a student.

Threat assessment is the process by evaluating the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat. A VRA is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditions, or direct threat.

The VRA will determine whether the reported information and any other available information provides a rational basis for concluding that there is a compelling risk to health and/or safety that requires the College to pursue formal action to protect the community. A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence.

The outcome of the VRA will be based upon a review of the totality of the known circumstances, and will be guided by a consideration of any of the following factors:

• Whether the Respondent has threatened to commit violence or any threat to physical health/safety.
• Whether aggravating circumstances or signs of violence, threats of violence, or other predatory behavior are present.
• Whether there is evidence of violence including, but not limited to, hitting, punching, slapping, kicking, restraining, strangling, and/or brandishing or using a weapon.
• Whether the report reveals a pattern or potential conduct or to assess/identify grooming behaviors.
• Whether the Title IX Coordinator should pursue/sign a Formal Complaint absent a willing/able Complainant.
• Whether the alleged conduct involved physical violence.
• Whether the Complainant is (or was at the time of the prohibited conduct) a minor (under 18 years of age).
• Whether to permit a voluntary withdrawal of the Respondent.
• Whether it is reasonable to try and resolve a complaint through informal resolution, and what modality might be most appropriate.
• Whether a Clery Act Timely Warning, and/or Trespass Order is needed.

A VRA is not an evaluation for an involuntary behavioral health hospitalization (e.g., 5150 in California) nor is it a psychological or mental health assessment. A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources, and psychology.

Where a VRA is required by the Title IX Coordinator, a Respondent refusing to cooperate may result in an allegation of failure to comply within the appropriate student or employee conduct process.

In all cases, the initial report, the assessment, and the determination of the Executive Director of Campus Safety and Transportation will be documented and retained by the College in accordance with institutional record-keeping policies.

Following the completion of the VRA, the Executive Director of Campus Safety and Transportation, Title IX Coordinator, and other appropriate campus officials will reconvene as necessary to continue to evaluate whether any new or additional information received triggers any further obligation(s) under the Clery Act or with respect to any child protective agency and will direct the Title IX Coordinator to take such further actions, as necessary.

This Policy covers records maintained in any medium that are created pursuant to the College’s Sex-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy and the regular business of the College’s Title IX Support and Compliance Office. All such records are considered private or confidential by the Title IX Support and Compliance Office, in accordance with FERPA and the directive from the Department of Education to maintain the confidentiality of records related to discrimination, harassment, and retaliation. These records may be shared internally with those who have a legitimate educational interest and will be shared with the Parties to a Complaint under applicable federal and/or state law. The Title IX Support and Compliance Office controls the dissemination and sharing of any records under its control.

Types of Records Covered Under this Policy

Records pertaining to the Sex-Based Discrimination and Harassment, Sexual Misconduct, and Retaliation Policy, include, but are not limited to:

• The Complaint
• NOIAs
• Documentation of notice to the institution, including incident reports
• Anonymous reports later linked to a specific incident involving known Parties
• Any documentation supporting the initial evaluation
• Investigation-related evidence (e.g., physical and documentary evidence collected and interview recordings or transcripts)
• Dismissal-related documentation and appeals
• Documentation related to Emergency Removals, leaves, and interim actions and challenges
• Documentation related to the Resolution Process
• The Final Investigation Report and file
• Remedy-related documentation
• Appeal-related documentation
• Informal Resolution records
• Outcome Notices
• Any other records typically maintained by the College as part of the Complaint file

Drafts and Working Files: Preliminary drafts and “working files” are not considered records that the College must maintain, and these are typically destroyed during the course of an investigation or at the conclusion of the Resolution Process. They are preliminary versions of records and other documents that do not state a final position on the subject matter reviewed or are not considered to be in final form by their author and/or the Title IX Coordinator. An example of a “working file” would be an Investigator’s notes made during an interview on topics that they want to revisit in subsequent interviews. Sole possession records maintained as such in accordance with FERPA are also not included in this category. All drafts of investigation reports shared with the Parties are maintained.

Attorney Work-Product: Communications from the Title IX Support and Compliance Office, or its designees, with the College’s legal counsel may be work product protected by attorney-client privilege. These privileged communications are not considered records to be maintained by the Title IX Support and Compliance Office or accessible under this Policy unless the Title IX Coordinator, in consultation with legal counsel as necessary, determines that these communications should be included as accessible records.

Record Storage

Records may be created and maintained in different media formats; this Policy applies to all records, irrespective of format. Security protocols will be in place to preserve the integrity and privacy of any parts of any records that are maintained by the Title IX Support and Compliance Office during the pendency of an investigation. 

The Title IX Support and Compliance Office will store all records created pursuant to the Policy, regardless of the identities of the Parties. Any extra (non-essential) copies of records (both digital and paper) shall be destroyed.

Record Retention

All records created and maintained pursuant to the Policy will be retained by the Title IX Support and Compliance Office for a minimum of seven (7) years in database, digital, and/or paper form. Except for records pertaining to Title IX and the Clery Act/VAWA, the Title IX Coordinator may authorize destruction or expungement acting under their own discretion, or in accordance with a duly executed and binding claim settlement and/or by court or government order.

Record Access

Access to records created pursuant to the Policy or housed in the Title IX Support and Compliance Office is strictly limited to the Title IX Coordinator and any person they authorize, at their discretion, or via permission levels within the database. Those who are granted broad access to the Title IX Support and Compliance Office records are expected to access only those pertinent to their scope, work, or specific assignment. Anyone who accesses such records without proper authorization may be subject to an investigation and possible discipline/sanction. The discipline/sanction for unauthorized access of records covered by this Policy will be at the discretion of the appropriate disciplinary authority, consistent with other relevant College policies and procedures.

Student Parties may request access to their complaint file. The College will provide access or a copy within 45 business days of the request. Appropriate redactions or personally identifiable information may be made before inspection, or any copy is shared.

During an investigation, materials may be shared with the Parties using secure file transmission software. The Title IX Support and Compliance Office will watermark any such file with the watermark identifying the role of the person in the process (e.g., Complainant, Respondent, Decision-maker; Complainant’s Advisor) before sharing.

Record Security

The Title IX Coordinator is expected to maintain appropriate security practices for all records, including password protection, lock and key, and other barriers to access as appropriate. Record security should include protection from floods, fires, and other potential emergencies. Clothing, forensic, and other physical evidence (rarely maintained by the College), shall be securely stored in the Campus Safety and Transportation office or another appropriate secure location. A catalog of all physical evidence will be retained with the Complaint file.