Actual Knowledge means notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or any official who has the authority to institute corrective measures.

Advisor means any person who accompanies a Respondent or Complainant in any meeting or grievance proceeding. An Advisor may not have any additional role, such as a Witness, in the College process. Advisors are allowed to be present, but are not allowed to actively participate in any meetings throughout the grievance process, except during live hearings. . Requests to have more than one Advisor will be considered on case-bycase basis, and the final decision is the sole discretion of the Title IX Coordinator. No faculty or staff member is required to accept a request from a Party to serve as an Advisor. The Parties must inform the Title IX Coordinator of the name of the Advisor prior to any meeting or panel described in Appendix A.

Appellate Administrator annually trained and authorized by the Title IX Coordinator or Designee to conduct a review of a decision made regarding an emergency removal, dismissal of a complaint, or reached by a panel.

Business Day means any day, Monday through Friday, that the College is open.

Complainant means the individual who is alleged to be the victim of sexual harassment.

Conduct file means the printed, written, electronic file which may include, but is not limited to, all information obtained as part of an investigation, including any determination regarding responsibility and any audio or audiovisual recording or transcript; any disciplinary sanctions and/or remedies; any appeal, including the result of the appeal; and any informal resolution and the result therefrom.

Decision Maker means those annually trained who participate in the Panel process and private deliberations. Decision Makers determine the relevancy of proposed questions, findings of responsibility, and sanctions.

Discipline File means the conduct file, but limited findings of the disciplinary sanctions resulting from a determination of responsibility.

Designee means any employee who has responsibility for implementing or administering this Policy.

Employee means all full and part-time staff.

Evidence:

• A) Inculpatory evidence means information that suggests a Respondent is in violation
• B) Exculpatory evidence means information that suggests a Respondent is not in violation

Formal Complaint means a document filed and signed by a Complainant or the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the allegation of sexual harassment.

Incident Database means the electronic database used to track an incident and the response taken.

Party means a Complainant or a Respondent.

Personnel File means the employee file which contains the history of employment.

Preponderance of the Evidence means a standard of proof in which the totality of the evidence offered in support of a fact is greater or more convincing than the evidence which is offered in opposition to it; given the totality of information the version of events that is more likely than not. Preponderance of the evidence is understood to require more than 50 percent certainty to determine responsibility for a policy violation (i.e. over 50%). Effective August 14, 2020

Relevancy means information tends to support or disprove a fact in contention that bears on the outcome of the disputed fact. Investigators and Decision makers make relevancy determinations. R. Respondent means an individual who has allegedly engaged in sexual harassment.

Student means any person who attends or is seeking admission to the College. Persons admitted but never matriculated are not considered students. For purposes of this Policy, the Title IX Coordinator will make the final determination as to whether or not an individual is a student.

Support Person means any person who attends a meeting associated with this Policy. Support Persons who are not also Advisors may not play an active role in the process, and may not ask questions, present evidence, or make statements. A Support Person may not have any additional role, such as a Witness, in the College process. Only reasonable requests to change proposed meetings to accommodate a Support Person’s schedule will be considered. Requests to have more than one Support Person will be considered on case-by-case basis, and the final decision is the sole discretion of the Title IX Coordinator. No faculty or staff member is required to accept a request from a Party to serve as a Support Person. The Parties must inform the Title IX Coordinator of the name of the Support Person prior to any meeting.

Witness means any individual who has relevant knowledge of an incident.