Title IX Policy (HR 100-001)

Confidentiality and Privacy

• Baker College recognizes the importance of confidentiality and privacy. See the Citations & Related Information section for a list of confidential support, non-confidential support, and medical resources. Information received in connection with the reporting, investigation, and resolution of allegations will be treated as private and will only involve individuals whom the College determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate College functions, or when the College is required to provide information under the law.
• If an incident is disclosed or reported to the College and the individual requests that no investigation be conducted or disciplinary action be taken, the Title IX Coordinator or Deputy Title IX Coordinator will explain that the College prohibits Retaliation and explain the steps the College will take to prevent and respond to Retaliation if the individual participates in a resolution process. The Title IX Coordinator or Deputy Title IX Coordinator will evaluate the request to determine whether the College can honor the request while still providing a safe and nondiscriminatory environment.
• A decision to proceed despite an individual’s request will be made on a case-by-case basis after an individualized review, and the Complainant will be notified if such a decision is made. If the College proceeds with an investigation, the Complainant is under no obligation to proceed as a part of the investigation and no retaliation will result from the Complainant’s decision not to participate.
• All individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the process.

Sex Discrimination and Retaliation

• In addition to Sexual Harassment, Sex Discrimination and Retaliation are prohibited by College policy and law. 
• Sex Discrimination and Retaliation are serious violations that can subject the offender(s) to discipline, up to and including termination of employment and/or suspension or dismissal of a Student, independent of the merits of the underlying allegation.
• Allegations of Sex Discrimination and Retaliation should be reported to the Title IX Coordinator. Any investigation of Sex Discrimination and Retaliation will be investigated and resolved outside of the Title IX grievance process for Sexual Harassment complaints. 

Investigation and Resolution Options for Sexual Harassment Complaints

• Initial Assessment
  • Upon receipt of a report under this Policy, the Title IX Coordinator will conduct an initial assessment of the reported information to determine whether it qualifies as a report of Sexual Harassment. If the report relates to Sex Discrimination, Retaliation or another code of conduct violation, it will be investigated and resolved through other applicable policies. If the report is of Sexual Harassment and a formal complaint has not been filed, the Title IX Coordinator will promptly contact the Complainant to provide information about filing a formal complaint. The Title IX Coordinator will also discuss the availability of supportive measures, with or without filing a formal complaint, and the Complainant’s wishes regarding possible supportive measures. 
  • Upon completion of an initial assessment, if the Complainant declines to file a formal complaint, the Title IX Coordinator will provide supportive measures to the Complainant as necessary and appropriate. The Title IX Coordinator also reserves the right to make a formal complaint.
  • If a formal complaint is made, the complaint may be resolved through informal resolution or the formal grievance process.
• Informal Resolution
  • As described in more detail below, informal resolution (like mediation) may be used to resolve a formal complaint of sexual harassment against a non-employee if the College deems appropriate and both parties voluntarily agree to it.
  • As described in more detail below, in all cases where a formal complaint of sexual harassment has been filed and informal resolution does not occur, Baker College will resolve the complaint through its formal grievance process (described below).

Remedies

• When the College makes a finding of a policy violation, it will take steps, whether individual or systemic, to stop the alleged Sexual Harassment, prevent its recurrence, and remedy the discriminatory effects on the Complainant and others, as appropriate.
• Corrective Actions/Sanctions
  • When the Respondent is a Student, potential sanctions may include, but are not limited to, formal reprimand, disciplinary probation, suspension, dismissal from housing, expulsion or any sanctions authorized under the student code of conduct.
  • When the Respondent is an employee, corrective actions may be taken. Actions may include coaching, development plans, reduction in supervisory duties and leadership responsibilities, changes in salary, termination, and other appropriate corrective actions. 
  • Student employees may be subject to corrective action and sanctions under Student and/or employee policies, depending on the nature of the case. For instance, a Student employee who is dismissed from the College may also be subject to termination or other corrective actions as found in the Student Employment Policy.
• Any corrective actions or sanctions will not take effect until any appeals have been completed.
• Supportive Measures
  • Supportive measures will be made available to both the Complainant and Respondent, whether or not a Formal Complaint is filed, to ensure equal access to the College’s education and employment programs and activities. The Title IX Coordinator or Deputy Title IX Coordinator will conduct an individualized assessment and will review requests from Complainant and Respondent to determine supportive measures that are appropriate and reasonably available at no cost to the Complainant or Respondent and that are not punitive in nature. Supportive measures may include, but are not limited to:
    • Mutual no-contact directives
    • Referral to campus and community resources for victim advocacy, counseling, health services, legal assistance, immigration assistance, disability services;
    • Academic support including extensions of time and other course-related adjustments;
    • Modification of work or class schedules;
    • Change in work or housing locations;
    • Change in reporting relationship;
    • Consideration of leave requests; and
    • Assistance with academic petitions.
  • During the period of any Sexual Harassment investigation, a Respondent can be put on administrative leave if they are an employee of the College. If the Respondent is a Student of the College, they may be removed from educational activities following an individualized safety and risk analysis that determines if the Respondent poses an imminent threat to the physical health or safety of anyone due to the allegations made. If a Student is removed from educational activities in this way, they have the right to challenge the determination of the safety and risk analysis.
  • The Title IX Coordinator or Deputy Title IX Coordinator will coordinate the provision of supportive measures. Parties will not be required to arrange such measures by themselves, but may need to participate in communication with supervisors, faculty, and other College employees with a need to know.
  • The College will maintain as confidential any supportive measures provided to the Complainant or Respondent to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures.
• Other Remedial Measures
  • When the College is unable to proceed with the formal grievance process, such as a lack of information in the report or a request by the Complainant that an investigation not move forward, the College may take other remedial measures as appropriate to remedy the effects of the alleged Sexual Harassment and/or prevent its recurrence. Remedial measures may also be implemented when it is determined that inappropriate behavior occurred, but that the behavior did not rise to the level of a Title IX violation.
  • Remedial measures may include, but are not limited to:
    • Providing training on Sexual Harassment;
    • Increasing security in a designated space;
    • Changing policy or procedure; and
    • Conducting climate checks.

False Allegations

• It is a violation of this policy for anyone to make a false allegation of Sexual Harassment in bad faith. Corrective actions or sanctions may be imposed on individuals who, in bad faith, make false allegations of Sexual Harassment.
• The absence of a finding of a policy violation is not equivalent to finding that the Complainant acted in bad faith.

Process Abuse

• No member of the College Community may:
  • Obstruct, prohibit, exert improper influence over, or interfere with any individual making a report, participating in a process, or carrying out a responsibility covered by this policy;
  • Make, in bad faith, materially false statements in or related to a process covered by this policy;
  • Disrupt or interfere with the orderly conduct of any proceeding conducted under this policy; or
  • Fail to comply with any directive, sanction, or corrective action issued pursuant to this policy.

Training

• All faculty, staff, student employees, and students are required to take annual Sexual Harassment training as directed by the College.

5.0 Procedures

Grievance Procedure for Sexual Harassment Complaints

Initial Assessment

• Upon receiving a report, the Title IX Coordinator will review whether any immediate steps need to be taken for the safety of any student or other individual arising from the report of sexual harassment. If emergency removal is necessary due to an immediate threat to physical health or safety, the Title IX Coordinator will provide respondent(s) with notice of the decision to remove respondent(s) from campus and the opportunity to challenge the decision immediately following the removal. The Title IX Coordinator will also provide information to the Complainant on the right to file a Formal Complaint and how to file a Formal Complaint.
• The Title IX Coordinator reviews all reports of Sexual Harassment under this policy for an initial assessment of the reported information. The Title IX Coordinator will consider whether supportive measures may be needed by both the Complainant and Respondent, and to the extent needed, those supportive measures will be offered. The Title IX Coordinator will also consider available resolution options, which will be guided by the availability of information and evidence suggesting that a policy violation may have occurred; the College’s obligation to investigate and provide appropriate remedies to eliminate, prevent, and address the effects of the prohibited conduct; and the availability or desire of the Complainant to participate in an investigation or other resolution.
• Upon completion of an initial assessment and receipt of a formal complaint, the Title IX Coordinator or a Deputy Title IX Coordinator will determine the available options for resolution and will communicate these options to the parties.
• If the Complainant or the College elects to file a Formal Complaint, the Title IX Coordinator or Deputy Title IX Coordinator will provide written notice to the Complainant and Respondent within ten business days, including:
  • The actual allegations of facts that constitute Sexual Harassment and any evidence that supports this;
  • That there is a presumption of innocence in their favor;
  • That all parties are entitled to an advisor of their choice;
  • That all parties can inspect and review evidence; and,
  • Information regarding any code of conduct provisions that prohibit false statements made in bad faith.

Dismissal of a Complaint

• In the event that prior to, or in the course of, an investigation, the College determines that the allegations fail to meet the definition of Sexual Harassment or did not occur while in the United States and under the College’s educational program or activity, the investigation and Formal Complaint will be dismissed. Formal Complaints may still be resolved through an informal resolution process as outlined above or according to procedures set forth in the Student Code of Conduct. The College reserves the right to investigate the alleged behavior under the Sexual Misconduct Policy, Student Code of Conduct, Basic Principles of Student Responsibility, and other College policies if the alleged behavior does not meet the definition of Sexual Harassment under this policy. 
• The College reserves the right to dismiss the Formal Complaint and stop the investigation if:
  • The Complainant notifies the Title IX Coordinator in writing that they wish to withdraw their Formal Complaint;
  • The Respondent is no longer enrolled in or employed by the College; or
  • Specific circumstances prevent the school from gathering sufficient evidence to reach a determination about allegations (e.g., lack of participation in the investigative process by parties or witnesses).
• If the College dismisses the Formal Complaint for any reason, either party may appeal the decision as outlined in this policy’s appeals process.

Informal Resolution

• Under no circumstances shall a complainant be required as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, to waive his/her right to an investigation and adjudication of a formal complaint of sexual harassment. Similarly, no party shall be required to participate in an informal resolution process. However, if a formal complaint is filed alleging activity that falls under this policy, the Title IX Coordinator/Deputy Title IX Coordinator may offer to the parties an informal resolution process. If the parties mutually agree to participate in the informal resolution process, the Title IX Coordinator/Deputy Title IX Coordinator shall designate a trained individual to facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication. The informal resolution process may be used at any time prior to the decision-maker(s) reaching a determination regarding responsibility. If the Title IX Coordinator/Deputy Title IX Coordinator proposes an informal resolution process, the Title IX Coordinator/Deputy Title IX Coordinator shall provide to the parties a written notice disclosing:
  • the allegations; 
  • the requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations; and 
  • any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
    • Any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.  Before commencing the informal resolution process, the Title IX Coordinator/Deputy Title IX Coordinator shall obtain from the parties their voluntary, written consent to the informal resolution process. The informal resolution process is not available to resolve allegations that an employee sexually harassed a student.

Formal Resolution and Hearings

• Baker College may resolve a report of Sexual Harassment through this formal grievance resolution process when the alleged Sexual Harassment, if true, would be prohibited under this Policy. In instances when informal resolution is inappropriate, when any party requests, or when the College requires formal investigation, the College will consider the concerns and rights of all parties and provide a prompt, fair, impartial, and equitable process.
• Investigation
  • Following the filing of a Formal Complaint, an Investigator will be assigned to the case by the Title IX Coordinator. During the investigation, the Investigator will seek to meet separately with the Complainant, Respondent, and any relevant witnesses who may have information relevant to the incident. The Investigator may also gather or request other relevant information or evidence when available and appropriate. Both the Complainant and Respondent will be asked to identify witnesses and provide other relevant information in a timely manner to facilitate the prompt resolution of the case. All investigations will be conducted by a properly trained Investigator and may be outsourced at the College’s discretion.
  • Although both the Complainant and Respondent are advised to participate in the investigation process to enable a fair and equitable resolution to any case, neither the Complainant nor the Respondent is required to participate in the investigation process.
  • Formal Complaints of sexual harassment may be consolidated where the allegations arise out of the same facts or circumstances.
    • During the investigation process, parties have an equitable right to:
    • Receive notice from the Title IX Coordinator of the allegations before participating in an interview with sufficient time to prepare for meaningful participation;
    • A process with reasonably prompt timeframes, with extensions for good cause, as described in the Procedure section below;
    • Present relevant information to the Investigator, including evidence and witnesses;
    • Receive timely and equal access to any relevant information, documentation, and evidence gathered during the investigation;
    • Have an advisor of their choosing, including an attorney, advocate, or other support person, who provides support throughout the formal resolution process, including being present for any meetings or hearings. However, advisors may not participate in the interview process itself by speaking, objecting, interfering with or asking questions during the interview itself.
    • Investigators who are adequately trained to resolve cases of alleged Sexual Harassment are familiar with applicable policies and procedures, and do not have a conflict of interest or bias for or against either party.
  • The College must provide a written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings to all parties whose participation is invited or expected, with sufficient time for the party to prepare to participate.
  • The College will not restrict the ability of a Complainant or Respondent to discuss the allegations under investigation or to gather and present relevant evidence.
  • Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
  • Following the completion of the investigation, the Investigator will complete a preliminary investigative report on the allegations contained in the Formal Complaint. Before the report is finalized, the Investigator will send it to the Title IX Coordinator, who will then send an electronic or hard copy of all evidence that is directly related to the allegations to each party and their advisors. The College must include all evidence directly related to the allegations, even if the investigator does not intend to rely on that evidence in making a determination of responsibility. The parties then have ten days to provide a written response, which the Investigator will consider before finalizing the investigative report. The finalized report is then circulated to the parties for no less than ten days before a hearing is held.
• Hearings
  • All hearings are overseen by a Decision Maker(s). All Decision Maker(s) have received special training on how to be impartial and make decisions on relevance. They are also assigned to cases by the Title IX Coordinator to avoid any bias and present an objective analysis of the evidence. In no case is the Investigator for a given case also the Decision Maker(s).
  • The Respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the end of the investigation and hearings.
  • The Decision Maker(s) will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived it.
  • Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
  • Hearings are not legal proceedings and do not follow courtroom procedure or the formal rules of evidence. During any hearings, each party must have an advisor present to ask questions to the other party. This advisor does not need to be licensed to practice law and may be a person of the party’s choice or, if they do not have an advisor, the College will provide an advisor for them.
• Questioning & Cross-Examinations
  • The Decision Maker(s) may question individual parties and witnesses.
  • Parties will have the opportunity to cross-examine the party or witness. Parties may never ask questions directly, and questions must be asked of the other party through the use of a party’s advisor. All questions asked must be relevant. Any questions determined not to be relevant by the Decision Maker(s) are not required to be answered.
  • If a party or witness is absent from the live hearing or refuses to answer cross-examination or other questions, the Decision Maker(s) may not rely on any statement of that person in reaching a determination of responsibility. The Decision Maker(s) may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
  • If, at any point during the hearing, the Decision Maker(s) determines that unresolved issues exist that could be clarified through additional investigation time, the Decision Maker(s) may suspend the hearing and reconvene it in a timely manner that accommodates further investigation.
  • Hearings may be conducted virtually through the use of technology at the College’s discretion.  However, if either the Complainant or Respondent asks to be in separate rooms, the College must grant this request and provide appropriate technology to allow for simultaneous participation.
  • All hearings will be memorialized through an audio or audiovisual record or transcript of the live hearing.  The recording or transcript will be made available for parties to inspect and review following their completion.
• Resolution
  • The Decision Maker(s) will communicate his or her decision to both parties concurrently. The Decision Maker(s) will communicate the decision in writing and orally as soon as possible after the hearing. In all cases, the Decision Maker(s) will send the parties an outcome letter within ten business days of the conclusion of the hearing.
  • The Decision Maker(s) bases all conclusions by examining all evidence from the investigation and the hearing. Their conclusion is based on the “Preponderance of the Evidence” standard: If the evidence indicates that it is more likely than not, then the Respondent will be found responsible for violating this policy.
  • The Decision Maker(s) written decision must include the following information:
    • Identification of the allegations potentially constituting Sexual Harassment;
    • A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
    • Findings of fact supporting the determination;
    • Conclusions regarding the application of the College’s code of conduct to the fact;
    • A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanction imposed upon the Respondent, and whether remedies designed to restore or preserve equal access to the College's education program or activity will be provided; and
    • The procedures and permissible bases for either party to appeal.
  • If the Respondent is found responsible for violating this policy, the Decision Maker will consult with at least one of the following administrators to determine the corrective actions and/or sanctions to resolve the case:
    • The Campus Director of Student Affairs and Campus President/Director when the respondent is a student
    • The Chief People Officer when the respondent is an employee
  • Any such corrective actions and/or sanctions will be outlined in the Decision Maker(s) written decision.

Appeals Process

• If either party disagrees with the outcome of the Decision Maker’s determination, they may file a written appeal with the Title IX Coordinator within ten business days of receiving the Decision Maker’s written decision.
• Appeals may be filed due to:
  • A procedural irregularity that affected the outcome.
  • New evidence being discovered that was not reasonably available at the time of the determination or dismissal.
  • A conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter of the Investigator or investigator(s), or decision-maker(s).
• The Appeal Decision Maker will examine all evidence in order to determine if the appeal has merit. The Appeal Decision Maker will make an unbiased, objective conclusion as to the appeal’s merit and issue a written decision describing the result of the appeal and the rationale for the result; and will provide the written decision simultaneously to both parties.

Recordkeeping

• The College shall maintain all records relating to Formal Complaints of Sexual Harassment, as well as all training materials used under this Policy, for seven years.

Training

• The College’s Title IX Coordinator and Deputy Title IX Coordinators, along with any investigator(s), decision maker(s), or person(s) designated to facilitate an informal resolution process, must receive training on the definition of sexual harassment (as that term is used in this policy), the scope of the College’s Title IX Policy, the College’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The College will make its training materials publicly available on its website.

6.0 Responsibilities