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VAWA: A Resource Guide for Students on Sexual Misconduct

Procedures

The College’s procedures are fully detailed online at www.wsc.edu/titleix

Intake

A College official will assist the reporting party with making choices and accessing resources. Assuming the reporting party chooses to move forward with a campus resolution, the next step is a preliminary inquiry. All resolutions will be conducted by campus officials who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking, and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. The resolution process is confidential. The institution will protect the confidentiality of victims, consistent with federal law.

Preliminary Inquiry

An initial determination is made about the allegations and whether to move them forward to a formal investigation. This decision is made by the Title IX Coordinator, taking into account the nature of the allegations and the reporting party’s wishes.

Investigations

The Title IX Coordinator will ensure an investigation that is prompt, thorough, reliable, equitable, fair, and impartial. The Title IX Coordinator or Designee will provide an investigation that is prompt, thorough, reliable, equitable, fair, and impartial. They will interview reporting and responding parties and witnesses, and prepare reports with their findings and sanctioning recommendations. Information about all the steps in the investigative process is available at www.wsc.edu/titleix

Standard Of Evidence

The College uses a preponderance of evidence standard. Decision-makers consider whether, given the available credible evidence, it is more likely than not that a violation occurred.

Past History

The past sexual history or character of an individual is not considered unless it is determined to be highly relevant. All such information sought to be entered for consideration by a party or the College will be presumed irrelevant until evidence of its relevance is offered. The existence of a pattern of behavior by a responding party may be relevant to the finding and sanction imposed. Both parties will be notified in advance if such information has been deemed relevant and will be considered during the process.

Final Determination

The Title IX Coordinator or Designee will make a determination regarding the report using a “preponderance of the evidence” standard and will provide the recommendation to the Vice President responsible for Student Affairs and the President. The alleged perpetrator and the alleged victim will receive written notice of this determination and recommendation.

Appeals

The alleged victim and alleged perpetrator may appeal the decision of the Vice President to the President. The appeal must be made in writing to the President within seven calendar days of the Vice President’s decision. For more information, see Board Policy 3020.