Protected Class Nondiscrimination Policy and Procedures

PROTECTED CLASS NONDISCRIMINATION POLICY AND PROCEDURES

The following is Paul Mitchell The School Richland’s Nondiscrimination Policy and Procedures.

-May reference other policies and procedures, but this policy is only for protected class reports.

-Any reference to the School means “Paul Mitchell The School Richland”

-References to Policy in this document/policy mean this Protected Class Nondiscrimination Policy

I. Purpose

The School is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from discrimination and harassment based on a protected characteristic, and retaliation for engaging in a protected activity.

The School values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the resolution process during what can be a difficult time for all involved.

To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the education program or activity, the School has developed policies and procedures that are designed to provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of a protected characteristic, and for allegations of retaliation.

II. Notice of Nondiscrimination

The School does not discriminate in any education program or activity that it operates against any employee or student, applicant for employment, or applicant for admission on the basis of their actual or perceived Protected Class status.

The School recognizes the following Protected Classes:

Race
Religion
Creed
Color
Ethnicity (including Ethnic Origin)
National origin
Ancestry,
Citizenship Status
Military or veteran status (including disabled veteran; recently separated veteran; active duty, wartime, or campaign badge veteran; and Armed Forces Service Medal Veteran)
Physical or Mental Disability
Medical Condition
Marital Status
Age
Sex (including pregnancy, childbirth, or related medical conditions),
Family responsibilities
Sexual Orientation
Gender Identity or Expression
Genetic Information, or
Any other basis protected by the federal, state, or local law (including protections for those opposing discrimination or participating in any resolution process within the institution, with the Equal Employment Opportunity Commission, and/or with another human/civil rights agency.

The School seeks to comply with all federal, state, and local laws, regulations, and ordinances prohibiting Protected Class discrimination in post-secondary education institutions.

This policy covers Protected Class nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the School community who acts to deny, deprive, unreasonably interfere with or limit the education or employment benefits and/or opportunities of any member of the School’s community, guest, or visitor on the basis is that person’s actual or perceived Protected Class status.

The School has adopted policy and procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in the educational program or activity. The School follow this mandate to address any conduct that rises to the level of protected class discrimination (including any action that world be prohibited by Title IX or the Title IX regulations or sex-based harassment involving a student) as defined in this Policy of which it has Knowledge/Notice using the resolution process in this Nondiscrimination Policy and Procedures. If the conduct does not rise to the level of protected class discrimination under this policy, the School will take action as it deems appropriate under other applicable policies and procedures.

III. Nondiscrimination Contact Information

The School’s Title IX Coordinator is the individual who is designated to address all allegations of protected class discrimination and harassment allegations, including allegations for sex discrimination, sex-based harassment, and disability-based allegations.

Title IX Coordinator Contact Information:

Chelsea Roberts
71 Gage Boulevard
Richland, WA 99352
509-591-4979
chelsead@richland.paulmitchell.edu

The Title IX Coordinator is responsible for providing nondiscrimination education and training; coordinating the School’s timely, thorough, and fair response, investigation and resolution of all conduct that is prohibited under this Policy; and monitoring the effectiveness of this Policy and related procedures to ensure an education and employment environment free from protected class discrimination, harassment, and retaliation.

The School recognizes that allegations under this Policy may include multiple forms of protected class discrimination or harassment or also involve other School policies; may include individuals who are students, employees, or other members of the School community, and may require the simultaneous attention of multiple staff at the School. Accordingly, all School employees will share information, combine efforts, and collaborate to the maximum extent allowed by law and consistent with School policies to provide uniform, consistent, efficient, and effective responses to any alleged protected class discrimination, harassment, or retaliation.

IV. External Contact Information

Concerns about the School’s application of this Policy and compliance with certain federal civil rights laws may also be addressed to:

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1100

Customer Service Hotline #: (800) 421-3481

Facsimile: (202) 453-6012

TDD#: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr

For Complaints involving employee-on-employee conduct:

Equal Employment Opportunity Commission (EEOC)

131 M Street, NE

Washington, DC 20507

Telephone: 202-921-3191 / 1-800-669-6820 (TTY) / 1-844-234-5122 (ASL Video Phone)

Email: info@eeoc.gov

Web: https://www.eeoc.gov/field-office

V. Protected Class Discrimination Mandated Reporting

Mandated Reporters

All School employees (including employees who are also students) are Mandated Reporters and are expected to promptly report all disclosed details or actual or suspected protected class

discrimination, harassment and/or retaliation to the Title IX Coordinator. The School does not have any confidential employees, therefore all employees are obligated to follow their Mandated Reporter obligations. There are some limited exceptions.

Certain types of privilege – such as attorney-client or spousal privilege - may exist between employees, though such instances are relatively limited . In the event that a legally recognized privilege exists, the Mandated Reporter does not need to report the information consistent with the Mandated Reporter policy, however the employee will provide the Complainant with the Title IX Coordinators contact information and offer options and resources without any obligation to inform an outside agency (except as required by state or federal law, e.g.: child abuse).

When a disclosure occurs at public awareness events, such as “Take Back the Night” marches or speak-outs, or through a School sponsored online platform (such as a College social media page), Mandated Reporters are required to share these disclosures with the Title IX Coordinator. Upon receipt, the Title IX Coordinator is not required to act in response to those disclosures unless the disclosure indicates an imminent and serious threat to the health or safety of a complainant, student, employee, or other person. Regardless, the Title IX Coordinator will collect information related to any such disclosures to help inform the College’s efforts to prevent sex-based harassment.

Supportive measures may be offered as a result of the mandated report, and do not always trigger an investigation or process being taken by the School.

Information shared with the Title IX Coordinator

Individuals may want to carefully consider whether to share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.

If a Complainant expects the School to initiate a process under this Policy and Procedure, we strongly recommend reporting directly to the Title IX Coordinator, however, reporting to any Mandated Reporter will also result in the information being reported to the Title IX Coordinator. The Title IX Coordinator can connect the Complainant with resources to report alleged crimes and/or Policy violations. There are times when the police may also be notified, if desired by the Complainant, based on the circumstances of the situation or if required by law.

Confidential Resources External to the School

Complainants may speak with individuals unaffiliated with the School without concern that Policy will require them to disclose information to the institution without permission:

Licensed professional counselors and other medical providers, Local rape crisis counselors, Domestic violence resources, Local or state assistance agencies, Clergy/Chaplains, and Attorneys.

These external parties are not required to report actual or suspected discrimination, harassment, or retaliation back to the School.

VI. Pregnancy

Please see the Pregnancy Policy in the Student Catalog.

VII. Disability Discrimination and Accommodation Policy

A. Overview

The School is committed to full compliance with the Americans with Disabilities Act of 1990 (ADA), as amended, and Section 504 of The Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal, state, and local laws and regulations pertaining to individuals with disabilities.

The ADA (Americans with Disabilities Act of 1990, as amended)

Under the ADA and its amendments, a person has a disability that may qualify them for reasonable accommodation if they have a physical or mental impairment that substantially limits a major life activity.

The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the School, regardless of whether they currently have a disability. A substantial impairment is one that significantly limits or restricts a major life activity such as seeing, hearing, speaking, breathing, performing manual tasks, walking, or caring for oneself.

The School has a publicly available Policy and Procedures for Future Professionals with Disabilities that outlines the way for a Future Professional to request accommodations. Most of the time, for individuals with hidden disabilities, such as learning disabilities, mental disorders, or chronic health conditions, it is reasonable and appropriate for the School to request current documentation that allows the School to establish the validity of the request for accommodations and identify what accommodations are reasonable through the interactive process.

Section 504 of the Rehabilitation Act of 1973

Section 504 is not part of the ADA; however, it protects similar rights for disabled people. Section 504 prohibits discrimination against people with disabilities and programs and activities funded by federal agencies this includes private post-secondary schools like this one.

B. ADA and 504 Coordinator Contact Information

The School has designated the following individuals who are responsible for the oversight of efforts to comply with these disability laws, including responding to grievances and conducting investigations of any allegation of noncompliance or discrimination based on disability.

The ADA/504 Coordinator (responsible for reasonable accommodations) is:

Stephanie Andrews
71 Gage Boulevard
Richland, WA 99352
(509) 491-1227
stephaniea@richland.paulmitchell.edu

Grievances related to disability status and/or accommodations will be addressed using the school's policies and procedures for students with disabilities.

For details relating to disability accommodations in the school's grievance procedures please see the ADA Disability Policy in the Catalog and on the Schools website.

Future Professionals with Disabilities Generally

The School is committed to providing qualified Future Professionals with disabilities with reasonable accommodations and support needed to ensure equal access to the School's academic programs, facilities, and activities. Please understand that the School’s obligation and ability to provide accommodations may be different than what was provided in their K-12 schooling. For information related to these differences, please see this resource from the Department of Education. https://www2.ed.gov/about/offices/list/ocr/transition.html

Future Professionals with disabilities who wish to request reasonable accommodation (including academic adjustments, auxiliary aids, or modifications) must contact the school's ADA Coordinator. Future Professionals are required to provide documentation of their disability from a professional who has diagnosed and or treated their disability. The documentation submitted must be current.

Reasonable accommodations are made on an individualized basis. The School's Title IX Coordinator will review the documentation provided by the Future Professional and, in consultation with the Future Professional, will determine within ten (10) days which accommodations are reasonable and appropriate for the Future Professional, based on their need need within the academic

Disability Accommodations in the Nondiscrimination Process

The School is committed to providing reasonable accommodations and support to qualified future professionals, employees, and others with disabilities to ensure access to the schools non-discrimination process.

Anyone needing such accommodations or support should contact the ADA Coordinator, who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

VIII. Glossary

The following definitions apply to the terms in the Protected Class Non-Discrimination Policy and Procedures:

Advisor: Any person chosen by a party who may accompany the party to all meetings related to the Resolution Process and advise the party on that process.
Appeal Decision-maker: The person or panel who accepts or rejects a submitted appeal request, determines whether any of the grounds for appeal 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 protected class discrimination, 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 protected class discrimination or harassment or under the Policy and who was participating or attempting to participate in the School’s education program or activity at the time of the alleged protected class discrimination, harassment or retaliation.
Complaint: An oral or written request to the School that can objectively be understood as a request for the School to investigate through the Administrative Resolution Process and make a determination about the 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 acting within the scope of their duties to which privilege or confidentiality applies.
Day: A business day when the School is in normal operation. All references in the Policy and Procedures refer to business days unless specifically noted as a calendar day.
Decision-Maker: The person or panel who hears evidence, determines relevance, and makes the Final Determination of whether this Policy has been violated and/or assigns sanctions.
Education Program or Activity: Locations, events, or circumstances where the School exercises substantial control over the context in which the alleged behavior occurs and also includes any building owned or controlled by a student organization that the School officially recognizes.
Employee: A person employed by the School, either full or part-tine. This includes Students who are also employees when acting in the scope of their employment.
Final Determination: A conclusion using 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 (i.e. “finding of fact”).
Informal Resolution: An outcome agreed to by the Parties and approved by the Title IX Coordinator that occurs before the Final Determination in the Administrative Resolution Process.
Investigation Report: The Investigator’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) assigned by the School who is authorized to gather facts about an alleged violation of this Policy, assess relevance and credibility, summarize the evidence, and compile this information into an Investigation Report.
Knowledge: When a School received notice of conduct or behavior that may reasonably constitute protected class discrimination, harassment, or retaliation in its Education Program or Activity.
Mandated Reporter: A School employee who is required by Policy to share Knowledge, Notice, and/or reports of protected class discrimination, harassment, and/or retaliation with the Title IX Coordinator.
Nondiscrimination Team: This refers to the Title IX Coordinator, any deputy Coordinators, and any other member of the resolution process, including designees.
Notice: When an employee, student, or third party informs the Title IX Coordinator of the alleged conduct that may be protected class discrimination, harassment, and/or retaliation.
Parties: The Complainant(s) and Respondent(s), collectively.
Postsecondary Institution
Pregnancy or Related Conditions: Pregnancy, childbirth, termination of pregnancy, or lactation, and any medical conditions related to or recovery from pregnancy, childbirth, termination of pregnancy or lactation.
Protected Class: Person(s) who have a Protected Characteristic and are protected from discrimination or harassment based on that Protected Characteristic.
Protected Characteristic: Any characteristic for which a person is afforded protection against discrimination and harassment by law or School Policy.
Relevant Evidence: Evidence that may aid a Decision-maker in determining whether the alleged discrimination, harassment, or retaliation occurred, or in determining the credibility of the Parties or witnesses.
Remedies: Usually actions after a Resolution Process that are directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to the School’s Education Program and Activity. Remedies may occur without a Resolution Process in certain circumstances as determined by the Title IX Coordinator.
Respondent: A person who is alleged to have engaged in conduct that may constitute discrimination or harassment based on a Protected Characteristic, or retaliation for engaging in a protected activity under this Policy.
Sanction: A consequence imposed on a Respondent when the Final Determination contains a Finding that the Respondent violated this Policy.
Sex: Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity and expression.
Student: Any person who has gained admission to the School. In this Policy, a student may also be referenced as a Future Professional.
Title IX Coordinator: At least one official designated by the School to ensure ultimate oversight of compliance with Individual Civil Rights Laws and Regulations, including Title IX and the School’s Title IX program. References to the Coordinator throughout the Policy may also encompass a designee of the Coordinator.

IX. Where and When Does This Policy Apply

A. Scope

As related to Title IX, and allegations on the basis of sex discrimination or sexual harassment, this Policy only applies for alleged incidents that occur after August 1, 2024. For alleged incidents of sexual harassment occurring Before August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Title IX Coordinator of the School Director.

This Policy applies to all employees, students, and other individuals participating in or attempting to participate in the School’s program or activities including education and employment.

This Policy prohibits all forms of discrimination that is based on the protected characteristics listed in the Notice of Nondiscrimination. The Nondiscrimination Procedures may be applied to incidents and/or patterns, all of which may be addressed in accordance with this Policy.

B. Jurisdiction

This Policy applies to:

The School’s education programs and activities (this is defined as including locations, events or circumstances where the School exercises substantial control over both the Respondent and the context where the conduct occurred);
When the School has disciplinary authority; and
Misconduct that occurs within a building owned or controlled by a School recognized student organization.

Off Campus Applicability

This policy may also apply to the on-campus impacts of off-campus misconduct that limit or deny a person’s access to the School’s education program or activities. The School may also extend jurisdiction to off-campus and/or to online conduct when the conduct impacts a substantial School Interest. A substantial School interest includes, but is not limited to:

a. Any action that would be a criminal offense as defined by law. This includes but is not limited to single or repeat violation of any local state or federal law.

b. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.

c. Any situation that significantly impinges upon the rights or property of others, significantly breaches the peach, and/or causes social disorder.

d. Any Situation that substantially interferes with School’s educational interests or mission.

When Disciplinary Action is Possible

For disciplinary action to be issued under this Policy, the Respondent must be a School employee or Future Professional at the time of the alleged incident.

If the Respondent is unknown or is not School community member, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options, and will implement appropriate supportive measures and/or remedial actions (like removing an unaffiliated individual from campus). The School can also assist in contacting local law enforcement if filing a police report about criminal conduct is desired.

Applicability to Vendors

All vendors serving the School through third-party contracts are subject to the policies and procedures of their employer.

Respondent’s at Another School or Institution

When a Respondent is enrolled in or employed at another School or Institution, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that location, as it may be possible to pursue action under that institution’s policies.

Situations Outside of School Settings

The School is not responsible for behaviors experienced in spaces not owned or controlled by the institution. However, if a Complainant experiences discrimination in an environment outside the School where the sexual harassment or nondiscrimination procedures or that organization may give the complainant recourse, the Title IX Coordinator may be able to assist the Complainant in contacting the correct individuals. If there are effects of the external conduct that impact a student or employee’s work or educational environment, the Title IX Coordinator may be able to address the impossible impacts if brought to their attention.

Online Harassment and Misconduct

The School’s policies are written and interpreted broadly to include behaviors that occur in or have an effect on the School’s education program and activities or when they involve the use of the School’s networks, technology, or equipment–including online manifestations of any of the prohibited behaviors. While the School does not control social media or other outside environments where harassing communications can occur, when reported to the School, if the harassment is found to have an on-campus impact or occurred using School resources, the school may use supportive measures and other means to address and mitigate the effects. If the on-campus impact rises to the level of constituting discrimination under this Policy, the Title IX Coordinator may investigate the alleged discrimination or harassment pursuant to the Resolution Process described below.

Please note that in certain situations, such as off-campus harassing speech by employees either online or in person, the School’s response may be limited due to lack of jurisdiction, free speech protections, or other limitations.

X. Reports or Complaints of Protected Class Discrimination, Harassment, and/or Retaliation

A. What is a Report?

A Report provides notice to the School of an allegation or concern about protected class discrimination, harassment, or retaliation and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures to the Complainant.

B. What is a Complaint?

A Complaint provides notice to the School that the Complainant would like to initiate an appropriate resolution procedures, which may include an investigation. A Complainant or individual may initially make a Report and may decide at a later time to make a Complaint.

C. How do I make a Report or Complaint?

Reports or Complaints of protected class discrimination, harassment, and/or retaliation under this Policy may be made using any of the following options:

1) Provide a written document or give verbal Notice directly to the Title IX Coordinator. Such a Report or Complaint may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the Title IX Coordinator listed in this Policy.

2) Anonymous Notice is accepted, but the Notice may give rise to a need to try to determine the Parties’ identities. Anonymous Notice typically limits the School’s ability to investigate, respond, and provide remedies, depending on what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of anonymous Notice.

3) Mandated Reporting: in addition, if you disclose to a mandated reporter, they will share information as needed with the Title IX Coordinator.

D. What happens if I make a report?

Reporting carries no obligation to initiate a Complaint, and in most situations, the School is able to respect a Complainant’s request to not initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the School may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, the School will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of privacy by giving Notice that allows the School to discuss and/or provide supportive measures, in most circumstances:

E. Amnesty for Other Policy Violations (including drugs and alcohol)

What is Amnesty?

To encourage reporting and participation in the process, School maintains a Policy of offering Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by the School, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

Why does the School offer Amnesty in some situations?

The School community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give Notice to School officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the School community that Complainants choose to give Notice of misconduct to School officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.

Who qualifies for amnesty?

Students and Employees may qualify. Amnesty may be granted to Parties and Witnesses on a case by case basis.

Students are hesitant to assist others for the fear that they may get in trouble themselves (for example an underage student who has been drinking may hesitate to take an individual who has experienced sexual assault to the School). Because of this, the School maintains a policy of amnesty for Students who offer help to others in need. While policy violations cannot be overlooked, the school may provide purely educational options with no official disciplinary finding rather than sanctions under the Advisory policy, to those who offer their assistance to others in need.

For employees, they may be hesitant to report protected class discrimination, harassment, and retaliation they have experienced for fear that they may get in trouble. For example, an employee who has violated the unethical relationship policy and is then assaulted in that relationship may hesitate to report that incident to School officials. Again, policy violations cannot be overlooked, but the school may provide educational options and documentation with no official disciplinary action.

In instances where the violation is severe or wide reaching, like physical abuse or illegal drug distribution, the amnesty policy will not apply.

F. Time Limits on Reporting

There is no time limit to when you can provide a Notice or Complaint to the School. However, if the Respondent is no longer subject to the School’s disciplinary authority and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Acting on Notice or Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Title IX Coordinator’s discretion; the Title IX Coordinator may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal resolution or the Administrative Resolution Process as appropriate.

XI. Supportive Measures

What are Supportive Measures?

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered without fee or charge to the Parties, to restore or preserve access to the School’s Education Program or Activity. This includes measures designed to protect the safety of all Parties; the School’s educational environment; and/or to deter protected characteristic discrimination, harassment, or retaliation. They may not unreasonably burden either party

When will the School offer Supportive Measures?

The School, through the Title IX Coordinator, will offer and implement appropriate and reasonable Supportive Measures to the Parties upon Notice of alleged protected characteristic discrimination, harassment, and/or retaliation. Complainants do not have to pursue a resolution process for Supportive Measures to be offered or provided. Once a complaint has been made, all Parties will be offered appropriate supportive measures. Any Party can request changes or additional supportive measures, as needed, throughout the resolution process. Depending on the supportive measure, continuing need, and other reasons, supportive measures may continue or stop after a resolution process is complete, at the discretion of the Title IX Coordinator.

How do I access Supportive Measures?

The Title IX Coordinator promptly makes supportive measures available to the Complainant upon receiving Notice/Knowledge or a Complaint.

What are some examples of Supportive Measures offered?

Supportive Measures may include, but are not limited to:

Referral to community-based counseling, medical, and/or other healthcare services
Referral to community-based service providers
Student financial aid counseling
Education to the institutional community or community subgroup(s)
Altering work arrangements for employees or student-employees
Safety planning
Providing campus safety escorts
Implementing contact limitations (no contact orders) between the Parties^{^[1]}
Academic support, extensions of deadlines, or other course/program-related adjustments*
Timely warnings or Emergency Notifications
Class schedule modifications, withdrawals, or leaves of absence*
Increased security and monitoring of certain areas of the campus
Any other actions deemed appropriate by the Title IX Coordinator

*Due to the clock-hour program regulations, we are limited to providing the listed accredited schedules in the School Catalog. These may change at any time. Failure to attend scheduled hours may result in Satisfactory Academic Progress impacts. If those impacts are documented as related to an experience covered under this policy, the Title IX Coordinator–in coordination with the Student–will provide documentation for a SAP appeal.

^{^[1]} Violations of no contact orders or other restrictions may be referred to appropriate process (Future Professional Advisory or for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.

Who will know about the Supportive Measures?

The School will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the School’s ability to provide those supportive measures. Sometimes the nature of a supportive measure and deviation from established systems will identify to others that a change has been made, however, the person receiving supportive measures is not required to discuss or talk about the supportive measures or why they have changes to their educational environment. The School may also disclose information about Supportive Measures if it is necessary to preserve a party’s access to the education program or activity or there is an exception as outlined in applicable regulations.

What if I disagree with the Supportive Measures?

The Parties are provided with a timely opportunity to seek modification or reversal of the School’s decision to provide, deny, modify, or terminate supportive measures applicable to them. Any request to modify or reverse the Supportive Measures must be made in writing to the Title IX Coordinator within three days of the supportive measure decision. In the event that circumstances have substantially changed from the original decision on supportive measures, the Party may also make a request at that time provided that they include the change in circumstance in their request.

The Supportive Measure Review Form is available from the Title IX Coordinator, and should be returned to the Title IX Coordinator.

An impartial reviewer (an employee or other than the person who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the definition of supportive measures in § 106.2 of the federal Title IX Regulations.

The School, through the impartial reviewer typically renders decisions on the review of supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.

What if I want changes to the Supportive Measures because the circumstances have changed?

The School will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances change materially. If you believe that this is the case for you, please request the change in writing to the Title IX Coordinator using the Supportive Measure Review Form, and the circumstances that have changed. The request will follow the process above for modification or reversal of the supportive measures. If you would like to request a modification that only impacts you, you may make that request to the Title IX Coordinator outside of this supportive measures appeal process in writing. If the Title IX Coordinator does not agree to the change, you may follow the formalized process above.

XII. Inclusion Related to Gender Identity/Expression

The School strives to ensure that all individuals are safe, included, and respected in their working and learning environments, regardless of their gender identity or expression, including intersex, transgender, agender, and gender diverse Future Professionals and employees.

Discrimination on the basis of gender identity or expression is not tolerated by the School. If a member of the School community feels they have been subjected to discrimination under this Policy, they should follow the appropriate reporting/Formal Complaint process described above.

In upholding the principles of equity and inclusion, the School supports the full integration and healthy development of those who are transgender, transitioning, or gender diverse, and seeks to eliminate any stigma related to gender identity and expression.

The School is committed to fostering a climate where all identities are valued and create a more vibrant and diverse community. The purpose of this Policy is to have the School administratively address issues some Future Professionals and employees, including those identifying as intersex, transgender, agender, and gender diverse, may confront as they navigate systems originally designed around the assumption that gender is binary. As our society’s understanding of gender evolves, so do the School’s processes and policies.

Concepts like misgendering and deadnaming may not be familiar to all but understanding them is essential to the School’s goal of being as welcoming and inclusive a community as possible.

Misgendering is the intentional or unintentional use of pronouns or identifiers that are different from those used by an individual. Unintentional misgendering is usually resolved with a simple apology if someone clarifies their pronouns for you. Intentional misgendering is inconsistent with the type of community we hold ourselves out to be. We all get to determine our own gender identity and expression, but we do not get to choose or negate someone else’s.

Deadnaming, along with misgendering, can be very traumatic to a person who is transgender, transitioning, or gender diverse. Deadnaming means using someone’s birth-assigned (cisgender) name, rather than the name they have chosen.

To a person who is transgender, transitioning, or gender diverse, their cisgender identity may be something that is in their past, dead, buried, and behind them. To then revive their deadname could trigger issues, traumas, and experiences of the past that the individual has moved past, or is moving past, and can interfere with their health and well-being.

Again, unintentional deadnaming can be addressed by a simple apology and an effort to use the person’s chosen name. Intentional deadnaming could be a form of bullying, outing, or otherwise harassing an individual, and thus should be avoided.

This Policy should be interpreted consistent with the goals of maximizing the inclusion of intersex, transgender, transitioning, agender, and gender diverse Future Professionals and employees, including: • Maintaining the privacy of all individuals consistent with law • Ensuring all Future Professionals equal access to educational programming, activities, and facilities, including restrooms • Ensuring all employees equal access to employment opportunities • Providing professional development for employees and education for Future Professionals on topics related to gender inclusion • Encouraging all future employees and employees to respect the pronoun usage and identities of all members of the School’s community.

The School has set forth its specific processes for implementing this Policy through the accompanying Title IX-related procedures.

XIII. Prohibited Conduct

A. Generally

Students and employees (staff, administrators, educators) are entitled to an employment and educational environment that does not have protected class discrimination, harassment, and retaliation. This Policy and related procedures are not meant to impact educational content or discussions that include relevant but controversial or sensitive subject matters protected by academic freedom.

The sections below describe the specific types of legally prohibited protected class discrimination, harassment, and retaliation that are also prohibited under the School’s Policy. When speech or conduct is protected by academic freedom, it will not be considered a violation of the School’s Policy, although supportive measures may be offered to those impacted.

B. Attempts

All prohibited conduct definitions below include actual and/or attempted offenses.

C. Combination or Pattern

Any of the below types of prohibited conduct can be noticed or combined as pattern offenses. In the event that a pattern of conduct is being investigated the Notice of Investigation and Allegations (NOIA) will clearly indicate both the individual incidents and the pattern of conduct being investigated. Where a pattern is found, it may enhance sanctioning.

Violation of any other School policies may constitute protected class discrimination or harassment when motivated by actual or perceived protected characteristic(s), and the result is a limitation or denial of employment or educational access, benefit, or opportunity.

D. Climate or Culture

The School reserves the right to address conduct that does not rise to the level of the below definitions of Prohibited Conduct to meet or that is of a generic nature and not based on a protected characteristic in line with other School policies and procedures, including the Advisory Policy. At the discretion of the School, the conduct may be addressed through the disciplinary process, respectful conversation, remedial action, education, or other resolution mechanisms.

E. Prohibited Conduct Definitions

1. Discrimination

Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic.

Discrimination can take two forms:

a) Disparate Treatment Discrimination

Any intentional differential treatment of a person or persons that is based on an individual’s actual or perceived protected characteristic and that:

Excludes an individual from participation in;
Denies the individual benefits of; or
Otherwise adversely affects a term or condition of
An individual’s participation in a School program or activity.

b) Disparate Impact Discrimination

Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:

Excludes an individual from participation in;
Denies the individual benefits of; or
Otherwise adversely affects
A term or condition of an individual’s participation in a School program or activity.

2. Discriminatory Harassment ^{^[2]}

Unwelcome conduct on the basis of actual or perceived protected characteristic(s), that:

Based on the totality of the circumstances,
Is subjectively and objectively offensive, and
Is so severe or pervasive,
That it limits or denies a person’s ability to participate in or benefit from the School’s education program or activity.

3. Sex-based Harassment (Applicable Under Title IX and Title VII)

a) Sex-based Harassment

Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex,^{^[3]} including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

1. Quid Pro Quo:

An employee agent, or other person authorized by the School,
To provide an aid, benefit, or service under the School’s education program or activity,
Explicitly or impliedly conditioning the provision of such aid, benefit, or service,
On a person’s participation in unwelcome sexual conduct.

2. Hostile Environment Harassment:

Unwelcome sex-based conduct, that
Based on the totality of the circumstances,
Is subjectively and objectively offensive, and
Is so severe or pervasive,
That it limits or denies a person’s ability to participate in or benefit from the School’s education program or activity.

^{^[2]} Discriminatory Harassment under this policy specifically excludes harassment that would fall under Title IX or Title VII, as it is specifically included below under Sex-based Harassment.

^{^[3]} Throughout this Policy, “on the basis of sex” means conduct that is sexual in nature, or is directed to the Complainant because of their sex.

3. Sexual Assault^{^[4]}

Rape

Penetration by the Respondent, no matter how slight,
Of the vagina or anus of the Complainant,
With any body part or object, or
Oral penetration by the Respondent a sex organ of the Complainant,
Oral penetration of Complainant by the sex organ of Respondent;
Without the consent of the Complainant,

2. Fondling

The touching of the private body parts (breasts, buttocks, groin) of the Complainant by the Respondent, or causing the Complainant to touch the Respondent’s private body parts,
for the purpose of sexual gratification,
Without the consent of the Complainant, including instances where the Complainant is incapable of giving consent:
because of their age, or
because of their temporary or permanent mental or physical incapacity.

3. Incest

Sexual intercourse,
Between persons who are related to each other,
within the degrees wherein marriage is prohibited by the law of the State of Washington.

4. Statutory Rape

Sexual intercourse
Within the degrees wherein marriage is prohibited by the law of the State of Washington.

4. Dating Violence

Violence,^{^[5]}
On the basis of sex,
Committed by the Respondent,
Who is or has been in a special relationship of a romantic or intimate nature with the Complainant, and
Where the existence of such a relationship shall be determined based on a consideration of the following factors:
- length of the relationship
- type of relationship
- frequency of the interaction between the Parties involved in the relationship.

^{^[4]} Sexual Assault does not constitute a chargeable offense under the Policy. It is a heading encompassing the six chargeable offenses listed below it.

^{^[5]} For purposes of this Policy, violence includes defined as intentionally or recklessly causing the Complainant physical, emotional, or psychological harm. Consensual use of violence, such as in kink relationships, would also not meet this definition, in most circumstances.

5. Domestic Violence^{^[6]}

Felony or misdemeanor crimes committed by the Respondent who:
- is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the State of Washington or a person similarly situated to a spouse of the Complainant;
- is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
- shares a child in common with the Complainant; or
- commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the State of Washington.

6. Stalking

Engaging in a course of conduct^{^[7]} on the basis of sex, that is,
Directed at the Complainant that would cause a reasonable person^{^[8]} to:
- Fear for the person’s safety, or
- The safety of others; or
- Suffer substantial emotional distress.^{^[9]}

^{^[6]} To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

^{^[7]} For purposes of this definition, “A ‘course of conduct’ requires that there be more than one incident and the conduct must be directed at a specific person. Stalking can occur in person or using technology, and the duration, frequency, and intensity of the conduct should be considered. Stalking tactics can include, but are not limited to watching, following, using tracking devices, monitoring online activity, unwanted contact, property invasion or damage, hacking accounts, threats, violence, sabotage, and attacks. (Federal Register, Vol 89, No. 83, 04/29/2024, p. 33523). Merely annoying conduct, even if repeated, is a nuisance, but is not typically chargeable as stalking.

^{^[8]} Reasonable person is an objective standard meaning a person in the Complainant’s shoes (having similar characteristics/demographics to the Complainant).

^{^[9]} In the context of stalking, a Complainant is not required to obtain medical or other professional treatment and counseling is not required to show substantial emotional distress.

4. Other Prohibited Conduct Based on Protected Classes

a) Sexual Exploitation^{^[10]}

A Respondent taking non-consensual or abusive sexual advantage of the Complainant, that does not constitute Sex-based Harassment as defined above;
For their own benefit or for the benefit of anyone other than the Complainant.

Examples of Sexual Exploitation include, but are not limited to:

Sexual voyeurism (like observing or allowing others to observe a person for a sexual purpose undressing, using the bathroom, or engaging in sexual acts, without the consent of the person being observed);
Invasion of sexual privacy (e.g. doxxing);
Recording (including photo, video, or audio) in any way of another person in a sexual act, or other sexually related activity, when there is a reasonable expectation of privacy during the activity without the consent of all involved in the activity; or exceeding the consent given (like distributing, sharing, or posting the recording without the person’s consent). Including making non-consensual pornography;
Prostituting another person;
Knowingly transmitting a sexually transmitted disease (STD) or infection (STI), to another person by engaging in sexual activity without informing the other individual of the STD or STI;
Causing or attempting to cause the incapacitation of another person (through the use of drugs, alcohol, or other means) for the purpose of compromising that person’s ability to give consent for sexual activity or to make the person vulnerable to non-consensual sexual activity;
Misappropriating another person’s identity on apps, websites or other places designed for dating or sexual connections (e.g. spoofing)
Forcing a person to take action against their will by threatening to show, pot, or share information, video or audio, or an image that depicts a person’s nudity or sexual activity;
Knowingly soliciting someone under the state age of consent for sexual activity
Engaging in sex trafficking;
Knowingly creating, possessing, or disseminating child sexual abuse images or recordings; or
Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes).

^{^[10]} This offense is not classified under Title IX as “Sex-based harassment,” but it is included here in this Policy as a tool to address a wider range of behaviors.

b) Retaliation

Adverse action, including intimidation, threats, coercion, or discrimination,
Against any person,
By the School, a student, employee, or a person authorized by the School to provide aid, benefit, or service under the School’s education program or activity,
For the purpose of interfering with any right or privilege secured by law or Policy, or
Because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under the Nondiscrimination Policy and Procedures, including an Informal Resolution process, or in any other appropriate steps taken by the School to promptly and effectively end any protected class discrimination, harassment, or retaliation (including those actions designated as sex discrimination or sex-based harassment) in its education program or activity, prevent its recurrence, and remedy its effects.

The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for the School to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Nondiscrimination Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

c) Unauthorized Disclosure^{^[11]}

Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by the School;^{^[12]} or
Publicly disclosing a Party’s personally identifiable information obtained during an investigation or Resolution Process under this Policy and procedure without authorization or consent.

^{^[11]} Nothing in this section restricts the ability of the Parties to: obtain and present evidence, including by speaking to witnesses (as long as it does not constitute retaliation under this Policy), consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the Resolution Process.

^{^[12]} Both Parties and Advisors are prohibited from unauthorized disclosure of information obtained by the School through the Resolution Process.

d) Failure to Comply or Process Interference

Intentional failure to comply with the reasonable directives of the Title IX Coordinator or other School administrator in the performance of their official duties, including with the terms of a no contact order issued in relation to the Nondiscrimination Policy;
Intentional failure to comply with emergency removal or interim suspension terms;
Intentional failure to comply with sanctions;
Intentional failure to adhere to the terms of an agreement achieved through informal resolution;
Intentional failure to comply with mandated reporting duties as defined in this Policy;
Intentional interference with the Title IX resolution process, including but not limited to:
- Destruction of or concealing of evidence
- Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
- Intimidating or bribing a witness or party

e) Sanctions for Other Prohibited Conduct Related to Protected Class

Sanctions for the Civil Rights Offenses in this section titled “Other Prohibited Conduct Based on Protected Classes” range from a warning or remedial action, through expulsion or termination.

5. Sanction Ranges

In the event a Final Determination concludes that conduct violated School Policy, the below chart shows the possible sanctioning ranges for certain offenses. Please note that Sanctions may be assigned outside of the listed range below based on aggravating or mitigating circumstances, or the cumulative conduct record. For a complete list of sanctions, please see the Resolution Process Sanctioning Section below.

Description of Sanction Range	Policy Violation
Warning or Documentation on the Future Professional Advisory Form or via employment documentation, Remedial Training, Suspension, Probation, and/or Expulsion or Termination	Sex Discrimination Quid Pro Quo Harassment Hostile Environment Harassment Fondling Incest Sexual Exploitation Retaliation Bullying Endangerment Hazing Unauthorized Disclosure Failure to Comply/Process Interference
Suspension and/or Expulsion or Termination	Rape Statutory Rape
Documentation on the Future Professional Advisory Form or through employment documentation, Probation, and/or Expulsion or Termination	Stalking Dating Violence Domestic Violence

For more information about Sanctions, please see the Procedures section for this Policy below.

6. Definitions of Consent, Force, and Incapacitation^{^[13]}

As used in this Nondiscrimination Policy, the following definitions and understandings apply:

a) Consent

Consent is defined as:

Knowing, and
Voluntary, and
Clear permission
By words or actions
To engage in sexual activity.^{^[14]}

How is consent evaluated? Proof of consent or non-consent is not a burden placed on either party involved in a Complaint. Instead, the burden remains on the School to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

^{^[13]} The state definition of consent, as used in criminal prosecutions for sex offenses in this state, may differ from the definition used on campus to address policy violations.

^{^[14]} The state definition of consent is attached to this policy at Appendix B, and incorporated by reference is the definition which is applicable to criminal prosecutions for sex offenses in this state, but may differ from the definition used by the School to address Policy violations.

Are there limits to consent? Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to a specific act, including physical roughness, during otherwise consensual sex, those acts may constitute dating violence or sexual assault.^{^[15]}

Who has the responsibility to obtain consent? Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity. If consent is not clearly provided prior to engaging in the activity, consent may be given by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

Silence or the absence of resistance alone should not be interpreted as consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

When is consent valid? For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. Reasonable reciprocation can establish consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to be kissed back.

Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of sexual assault.

^{^[15]} Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.

Can consent be withdrawn or taken back? Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, sexual activity should cease within a reasonably immediate time.

b) Force

Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent.

Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

c) Coercion

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because the consent is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

d) Incapacitation

Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). A person is incapacitated and cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including because of alcohol or other drug consumption.

This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of this Policy. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

XIV. Unethical Relationships Policy

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as supervisor and employee or Future Professional and Employee). In reality, these relationships may be less consensual than perceived by the individual whose position confers power or authority. Similarly, the relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Circumstances may change, and conduct that was once welcome may, at some point in the relationship, become unwelcome.

Even when both parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a relevant Policy violation still exists. The School does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the School. However, for the personal protection of members of this community, relationships in which power differentials are inherent (e.g., supervisor/employee) are generally discouraged.

Romantic or sexual relationships between employees and Future Professionals are prohibited.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must bring these relationships to the timely attention of the Title IX Coordinator. The existence of this type of relationship will likely result in removing the supervisory or evaluative responsibilities from the employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an affected relationship existed prior to adoption of this Policy, the duty to notify the appropriate supervisor still pertains.

Failure to timely self-report such relationships to the Title IX Coordinator as required can result in disciplinary action for an employee. Engaging in a consensual relationship with a Future Professional can result in disciplinary action for an employee. The Title IX Coordinator will determine whether to refer violations of this provision to human resources for resolution, or to pursue resolution under this Policy, based on the circumstances of the allegation.

XV. Standard of Proof

The School uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that the School will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s).

XVI. False Allegations and Evidence

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.

Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate School policies.

XVII. Confidentiality and Privacy

The School will make every effort to preserve the Parties’ privacy. The School will not share the identity of any individual who has made a Complaint protected class harassment, discrimination, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of protected class discrimination, harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.^{^[16]} ^{^[17]}

If a Party or Witness speaks about the Complaint or Report, others in the School may become aware of the report or complaint. Resolution proceedings, including interviews, are confidential. All individuals present at any time during the resolution process are expected to maintain the confidentiality of the proceedings.

^{^[16]} 20 U.S.C. 1232g

^{^[17]} 34 C.F.R. § 99

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 School employees 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 School’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 that protect certain relationships (including medical providers, mental health providers, and counselors.) The School does not designate any employees as confidential employees. Non-identifiable information may be shared by School Officials for statistical tracking purposes or for emergency notifications and/or timely warnings 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 release or the holder of the privilege (e.g., a client, spouse, parishioner) waives the protections of the privilege. While the School does not employ clergy or others with a Title IX privilege protection, the School treats communication between employees who have the ability to have privileged communications as Confidential Employees.

The School reserves the right to determine which School officials have a legitimate educational interest in being informed about student-related incidents that fall under this Policy, pursuant to FERPA.

The School 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.

XVIII. Emergency Removal, Interim Action, and/or Leave

The School can act to remove a Student Respondent accused of Sex Discrimination or Sex-based Harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator and may be done in conjunction with appropriate designees using its standard objective individualized safety and risk analysis assessment procedures. Employees are subject to existing procedures for interim actions and leaves.

XIX. Federal Timely Warning Obligations

The School must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the School community.

The School will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

XX. Resolution Process and Procedures for Alleged Violations of the Protected Class Nondiscrimination Policy and Procedures (“Resolution Process”)

A. Overview

The School will act on any Notice, Complaint, or Knowledge of a potential violation of the Protected Class Nondiscrimination Policy and Procedures (“Policy”) that is received by the Title IX Coordinator or any other Mandated Reporter following the Resolution Process below.

The procedures below apply to all allegations of discrimination on the basis of an actual or perceived protected characteristic, harassment, retaliation, or other prohibited conduct outlined in the Policy, as involving students, staff, administrators, faculty members, or, in some situations, third parties. The same procedural protections do not typically apply to Respondents who are guests, visitors, invitees, or other non-students or non-employees and the School reserves the right to address those situations as it deems appropriate.

B. Initial Evaluation

1. Generally

The Title IX Coordinator conducts an initial evaluation typically within seven (7) business days of receiving Notice/Complaint/Knowledge of alleged misconduct.^{^[18]} The initial evaluation typically includes:

^{^[18]}If circumstances require, the Director or Title IX Coordinator will designate another person to oversee the Resolution Process, at their discretion, or if an allegation is made about the Title IX Coordinator or the Title IX Coordinator is otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
- If the Complainant has made a Complaint, and the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this Policy and related procedures, consistent with the dismissal provision in these procedures. It may then be referred to another process, if applicable.
Determining whether School has jurisdiction over the reported conduct, as defined in the Policy.
- If the conduct is not within School jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate School official for resolution.
Offering and coordinating supportive measures for the Complainant.
Offering and coordinating supportive measures for the Respondent, as applicable.
Notifying the Complainant, or the person who reported the allegation(s), of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below.
Determining whether the Complainant wishes to make a Complaint.
Notifying the Respondent of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below, if a Complaint is made.

2. Helping a Complainant Understand Options

If the Complainant indicates they wish to initiate a Complaint (in a manner that can reasonably be construed as reflecting intent to make a Complaint), the Title IX Coordinator will help to facilitate the Complaint, which will include working with the Complainant to determine whether the Complainant wishes to pursue one of three resolution options:

a supportive and remedial response, and/or
Informal Resolution, or
The Administrative Resolution Process described below.

What if the Complainant asks that no action be taken?

The Title IX Coordinator will seek to abide by the wishes of the Complainant, including the desire for no action to be taken, but the Title IX Coordinator may have to take an alternative approach depending on their analysis of the situation if it is determined that an imminent and serious threat to health or safety OR that the Title IX Coordinator could not otherwise ensure equal access.

If the Complainant indicates (either verbally or in writing) that they do not want any action taken, no Resolution Process will be initiated (unless deemed necessary by the Title IX Coordinator), though the Complainant can elect to initiate one later, if desired.

What if the Complainant requests a resolution process (investigation/Administrative Resolution Process or Informal Resolution)?

If the Complainant elects for the Resolution Process below, and the Title IX Coordinator has determined the Policy applies and that the School has jurisdiction, they will route the matter to the appropriate Resolution Process, will provide the Parties with a Notice of Investigation and Allegation(s), and will initiate an investigation consistent with these Procedures.

If any Party indicates (either verbally or in writing) that they want to pursue an Informal Resolution option, the School will assess whether the matter is suitable for Informal Resolution and refer the matter, accordingly.

3. Title IX Coordinators Authority to Initiate a Complaint

a) When and How would a Title IX Coordinator initiate a Complaint?

If the Complainant does not wish to file a Complaint, the Title IX Coordinator, who has ultimate discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Title IX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone's safety or if the School cannot ensure equal access without initiating a Complaint. The Title IX Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:

The Complainant’s request not to proceed with initiation of a Complaint;
The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
The risk that additional acts of discrimination would occur if a Complaint is not initiated;
The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
The age and relationship of the Parties, including whether the Respondent is a School employee;
The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals;
The availability of evidence to assist a Decision-maker in determining whether discrimination occurred;
Whether the School could end the alleged discrimination and prevent its recurrence without initiating its resolution process.

If deemed necessary, the Title IX Coordinator may consult with appropriate School employees, and/or conduct an individualized safety and risk analysis to aid their determination whether to initiate a Complaint.

b) Who is the named party if the Title IX Coordinator initiates a Complaint?

When the Title IX Coordinator initiates a Complaint, they do not become the Complainant. The Complainant or Complainants are the person(s) who experienced the alleged conduct that could constitute a violation of this Policy.

C. Emergency Removal/Interim Suspension

Emergency Removal/Interim Suspension for allegations of Sex Discrimination and/or Sex-based Harassment

a) Student Respondents

The School may remove on an emergency basis a student accused of Sex Discrimination or Sex-based Harassment upon receipt of Notice/Knowledge, a Complaint, or at any time during the resolution process. Prior to an emergency removal, the School will conduct an individualized safety and risk assessment and may remove the student if that assessment determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies such action. Students accused of other forms of discrimination (not sex) are subject to interim suspension, which can be imposed for safety reasons.

When an emergency removal or interim suspension is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal or interim suspension will be deemed waived. A student can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review.

An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within three (3) business days of the review meeting.

b) Employee Respondents

When the Respondent is an employee, or a student employee accused of misconduct in the course of their employment, existing provisions in the Employee Handbook for interim action are typically applicable instead of the above emergency removal process.

D. Dismissal

The School may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met:

1) The School is unable to identify the Respondent after taking reasonable steps to do so;

2) The School no longer enrolls or employs the Respondent;

3) A Complainant voluntarily withdraws any or all of the allegations in the Complaint, in writing, and the Title IX Coordinator declines to initiate a Complaint;

4) The Title IX Coordinator determines the conduct alleged, even if proven, in the Complaint would not constitute a violation of this Policy.

A Decision-maker can recommend dismissal to the Title IX Coordinator, if they believe the grounds are met. A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it.

Upon any dismissal, the School will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, the School will simultaneously notify the Parties of the dismissal.

This dismissal decision is appealable by any party.

E. Appeal of Dismissal

The Complainant may appeal a dismissal of their Complaint.^{^[19]} The Respondent may also appeal the dismissal of the Complaint if dismissal occurs after the Respondent has been made aware of the allegations. All dismissal appeal requests must be filed in writing within three (3) business days of the notification of the dismissal.

The Title IX Coordinator will notify the Parties of any appeal of the dismissal. If, however, the Complainant appeals, but the Respondent was not notified of the Complaint, the Title IX Coordinator must then provide the Respondent with a NOIA and will notify the Respondent of the Complainant’s appeal with an opportunity to respond.

Throughout the dismissal appeal process, the School will:

Implement dismissal appeal procedures equally for the Parties;
Assign a trained Dismissal Appeal Officer who did not take part in an investigation of the allegations or dismissal of the Complaint;
Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal; and
Notify the Parties of the result of the appeal and the rationale for the result.

The grounds for dismissal appeals are limited to:

1) Procedural irregularity that would change the outcome;

2) New evidence that would change the outcome and that was not reasonably available when the dismissal was decided;

3) The Title IX Coordinator, Investigator, or Decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

^{^[19]}A Complaint is “an oral or written request to the School that can objectively be understood as a request for the School to investigate through the Administrative Resolution Process and make a determination about the alleged Policy violation(s).” If the Complainant makes a report, but requests no action, that does not constitute a Complaint for the purposes of dismissal.

What happens in a dismissal appeal?

Upon receipt of a dismissal appeal in writing from one or more Parties, the Title IX Coordinator will share the petition with the other party and provide three (3) business days for other Parties to respond to the request. The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. This appeal will be provided in writing to the other Parties, and the Title IX Coordinator, who will be invited to respond in writing. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other Parties to the Dismissal Appeal Officer for consideration.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Dismissal Appeal Officer, and the Parties, their Advisors, and the Title IX Coordinator will be notified in writing of the denial and the rationale.

If any of the asserted grounds in the appeal satisfy the grounds described in this Policy, then the Dismissal Appeal Officer will notify all Parties and their Advisors, and the Title IX Coordinator of their decision and rationale in writing. The effect will be to reinstate the Complaint.

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Officer has seven (7) business days to review and decide on the appeal, though extensions can be granted at the discretion of the Title IX Coordinator, and the Parties will be notified of any extension.

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

The Dismissal Appeal Officer may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

F. Counter-Complaints

The School is obligated to ensure that the resolution process is not abused for retaliatory purposes. Although the School permits the filing of Counter-Complaints, the Title IX Coordinator will use an initial evaluation, described above, to assess whether the allegations in the Counter-Complaint are made in good faith. When Counter-Complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a violation of the Policy.

Counter-Complaints determined to have been reported in good faith will be processed using the Resolution Process below. At the Title IX Coordinator’s discretion, investigation of such claims may take place concurrently or after resolution of the underlying initial Complaint.

G. Advisors in the Resolution Process

1. Who can serve as an Advisor?

The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings and interviews, within the Resolution Process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.^{^[20]}

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

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

^{^[20]}“Available” means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting roles, such as being an administrator who has an active role in the matter, or a supervisor who must monitor and implement sanctions. Additionally, choosing an Advisor who is also a witness in the process creates potential for bias and conflicts 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).

The School may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.

If a party requests that all communication be made through their attorney Advisor instead of to the party, the School will agree to copy both the party and their Advisor on all communications. It is important to note that all other School processes and procedures will continue, and may result in contact with the Student or Employee without the Advisor being copied.

2. What is the Advisor’s role in the Resolution Process?

Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

The Parties are expected to ask and respond to questions on their own behalf throughout 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 needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

3. What records are shared with an Advisor?

Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence.

Advisors are expected to maintain the confidentiality of the records the School shares with them, the Section of the Policy addressing Confidentiality. Advisors may not disclose any School work product or evidence the School obtained solely through the Resolution Process for any purpose not explicitly authorized by School.

Accordingly, Advisors will be asked to sign Non-Disclosure Agreements (NDAs). The School may decline to share materials with any Advisor who has not executed the NDA. The School may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the School’s confidentiality expectations.

4. What are the expectations of an Advisor?

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

The School 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.

All Advisors are subject to the same School policies and procedures. Advisors are expected to advise their advisees without disrupting proceedings.

5. Advisor Policy Violations

Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with the School’s established rules of decorum, will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview may be ended, or other appropriate measures implemented, including the School requiring the party to use a different. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

H. Resolution Options

The Resolution Process has two options: an Informal Resolution or an Administrative Resolution Process. This is how the School addresses all forms of Protected Class Discrimination, Harassment, and retaliation. Any request to initiate either an Informal Resolution or an Administrative Resolution Process will be subject to an Initial Evaluation by the Title IX Coordinator who will determine whether the conduct and/or complaint falls under this Policy as described above.

Informal Resolution Process

An informal resolution is a process that can occur, at the agreement of the Parties, and as approved by the Title IX Coordinator. The School offers four categories of Informal Resolution options as listed below.

a) When Informal Resolution can be requested: at any time prior to the Final Determination, a Complainant or Respondent may request an Informal Resolution in writing from the Title IX Coordinator or the Title IX Coordinator may offer the Informal Resolution to the Parties.

b)Informal Resolutions are completely voluntary. The School, through the Title IX Coordinator, will obtain voluntary, written confirmation (this may be via email) that all Parties wish to resolve the matter through Informal Resolution before moving forward and will not pressure the Parties into participating in Informal Resolution.

c)The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker.

d) Informal Resolution Types

Supportive Resolution: when the Title IX Coordinator can resolve the matter informally by providing supportive measures designed to remedy the situation.
Educational Conversation: When the Title IX Coordinator can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations or can accompany the Complainant in their desire to address the Respondent directly about the conduct.
Accepted Responsibility: When the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Complainant(s) and School are agreeable to the resolution terms.

Alternative Resolution: When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.

e) Informal Resolution Process Steps

Informal Resolution Request: A Party requests in writing or the Title iX Coordinator offers in writing an Informal Resolution.
Informal Resolution Consent: The Title IX Coordinator confirms with all Parties that they consent to the Informal Resolution Process. If one party does not consent, the Informal Resolution Process does not continue.
Assignment of Informal Resolution Coordinator: The Title IX Coordinator assigns an Informal Resolution Coordinator (IRC) that may not be the Investigator, Decision-maker, or Appeal Officer.
Informal Resolution Notice: The Title IX Coordinator and/or the IRC will provide the parties a NOIA that includes:
1. The Allegations;
2. The requirements of the Informal Resolution Process;
3. That prior to agreeing to the Informal Resolution, any party has the right to withdraw from the Informal Resolution Process and to initiate or resume the School’s Administrative Resolution Process;
4. That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution process will preclude the Parties from initiating or resuming the resolution process arising from the same allegations;
5. The potential terms that may be requested or offered in an Informal Resolution agreement,
6. Notification that an Informal Resolution agreement is binding only on the Parties; and
7. What information the School will maintain, and whether and how it could disclose such information for use in its Resolution Process.

e) Next steps taken based Informal Resolution Option:

1. Supportive Resolution

The Title IX Coordinator will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve the Complainant’s access to the School’s education program and activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the School may also provide reasonable supportive measures for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the School does not initiate a Complaint.

2. Educational Conversation

The Complainant(s) may request that the Title IX Coordinator address their allegations by meeting (with or without the Complainant) with the Respondent(s) to discuss concerning behavior and institutional policies and expectations. Such a conversation is non-disciplinary and non-punitive. Respondent(s) are not required to attend such meetings, nor are they compelled to provide any information if they attend. The conversation will be documented as the Informal Resolution for the matter, if the conversation takes place. In light of this conversation, or the Respondent’s decision not to attend, the Title IX Coordinator may also implement remedial actions to ensure that policies and expectations are clear and to minimize the risk of recurrence of any behaviors that may not align with Policy.

3. Accepted Responsibility^{^[21]}

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Title IX Coordinator will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Title IX Coordinator will determine whether all Parties and the School are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of School Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Resolution Process will either continue or resume.

^{^[21]} Below, there is a process to waive the decision-making step of the Administrative Resolution Process if a Respondent decides to admit to charged Policy Violations. While these sections are similar, there are meaningful differences. In this section the Parties must agree to the resolution and the Respondent agrees to comply with the terms to which the Parties agree as sanctions. In contrast, the Administrative Resolution Process Waiver is unilateral. Neither the Complainant nor the Title IX Coordinator determine eligibility. It is the Respondent waiving their right to the process steps and admitting the Policy Violation and accepting the sanctions as assigned by the Decisionmaker if they choose to. No Complainant approval is required in this circumstance.

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

d) Alternative Resolution

The institution offers a variety of Alternative Resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative Resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the Title IX Coordinator or other appropriate School officials; and other forms of resolution that can be tailored to the needs of the Parties. Some Alternative Resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an Alternative Resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an Alternative Resolution process.

The Title IX Coordinator may consider the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the Parties:

The Parties’ amenability to Alternative Resolution
Likelihood of potential resolution, considering any power dynamics between the Parties
The nature and severity of the alleged misconduct
Parties’ motivation to participate
Civility of the Parties
State legal restrictions or requirements
Results of a violence risk assessment/ongoing risk analysis
Respondent’s disciplinary history
Whether an emergency removal or other interim action is needed
Skill of the Alternative Resolution facilitator with this type of Complaint
Complaint complexity
Emotional investment/capability of the Parties
Rationality of the Parties
Goals of the Parties
Adequate resources to invest in Alternative Resolution (e.g., time, staff, etc.)

The Title IX Coordinator has the authority to determine whether Alternative Resolution is available, to facilitate a resolution that is acceptable to all Parties, and/or to accept or reject the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the Alternative Resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the Alternative Resolution.

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the Agreement and resumption of the Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the Agreement, etc.). The results of Complaints resolved by Alternative Resolution are not appealable.

If an Informal Resolution option is not available or selected, the School will initiate or continue an investigation and subsequent Resolution Process to determine whether the Policy has been violated.

2. Administrative Resolution Process

a) See below at Section I for the specific details regarding the Administrative Resolution Process.

3. Resolution Timeline

The School will make a good faith effort to complete the Resolution Process within sixty to ninety (60-90) business days, including any appeals, which can be extended as necessary for appropriate cause by the Title IX Coordinator. The Parties will receive regular updates on the progress of the Resolution Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on issues such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

If a party or witness chooses not to participate in the Resolution Process or becomes unresponsive, the School reserves the right to continue it without their participation to ensure a prompt resolution. Non-participatory or unresponsive Parties retain the rights outlined in this Policy and the opportunity to participate in the Resolution Process.

The School may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include but are not limited to: a request from law enforcement to delay the investigation temporarily, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. The School will promptly resume its Resolution Process as soon as feasible. During such a delay, School will continue to implement and maintain supportive measures for the Parties as deemed appropriate.

School action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

The School will make a good faith effort to complete the Resolution Process as promptly as circumstances permit and will communicate regularly with the Parties to update them on the progress and timing of the process.

I. Administrative Resolution Process (“ARP”) Steps and Description

1. General Description of the ARP

The Administrative Resolution Process is used for all Complaints of discrimination on the basis of protected characteristics, harassment, retaliation, and other prohibited behaviors (as defined in the Policy) or when Informal Resolution is either not elected or is unsuccessful.

The Administrative Resolution Process consists of an investigation conducted by one individual and the hand-off of the investigation report and all relevant evidence to the Decision-maker to make a finding and determine sanctions (if applicable).

The entire Administrative Resolution Process (Notice to Appeal, if any) typically takes approximately sixty to ninety (60-90) days to complete, from the time the Decision-maker’s receives the Draft Investigation Report, it takes approximately thirty (30) days. The Parties will be updated regularly on the timing and any significant deviation from this typical timeline.

2. Steps and Description of the Administrative Resolution Process.

Notice is received by the School and/or a Complaint is made. [Approximately 5 days].
The Investigator is appointed and the Notice of Investigation and Allegations (NOIA) is provided to the Parties[Approximately 3 days from receipt of all information for NOIA]. For more information, please see below.
The Investigation is conducted. [Approximately 30-45 days, may vary depending on a variety of factors, including number of involved parties/witnesses and their availability] For More information, please see below.
The Investigator provides a copy of the Draft Investigation Report to the Title IX Coordinator.
Draft Investigation Report Review: The Title IX Coordinator will provide the Draft Investigation Report to the Parties and the Decision-maker for review. This includes an opportunity for the parties to inspect and review all relevant evidence obtained during the investigation, for a review and comment period of five (5) business days so that each Party may meaningfully respond to the evidence. This also allows the Decision-maker, along with the Parties, to provide the Investigator with a list of relevant questions that they would like asked of the Parties or any witness. Parties may choose to waive all or part of the review period. The Title IX Coordinator will also provide notice to the Parties of the Decision-maker.

a) The parties may provide a response to the Investigator about the information contained in the report.

b) The Title IX Coordinator will also request the Parties to provide a proposed list of questions to the Investigator to ask the other Party or Parties and witnesses.

(i) To the extent credibility is in dispute and relevant to one or more of the allegations, questions proposed by the Parties may also explore credibility.

(ii) All party questions must be posed during this phase of the process and cannot be posed later unless authorized by the Decision-maker.

(iii) The Investigator will share all party-proposed questions with the Decision-maker, who will finalize the list with the Investigator to ensure all questions
are both relevant and permissible.

c) The Decision-maker Draft Report Review:

(i) The Decision-maker may provide the Investigator with a list of relevant questions to ask the Parties and/or any witnesses.

a) To the extent credibility is in dispute and relevant to one or more of the allegations, the questions provided by the Decision-maker may also
explore credibility.

b) The Decision-maker will meet with the Investigator to determine which questions from the Parties are relevant, permissible, and not duplicative.

(ii) Once the Decision-maker receives and reviews the file, they can recommend dismissal to the Title IX Coordinator, if they believe the grounds are
met.

f) Draft Investigative Report Follow-up Meetings

a) Investigator will lead additional meetings with the parties and witnesses to ask the questions posed by the Decision–maker and the questions
proposed by the Parties identified and as approved by the Decision-maker as relevant, permissible, and not duplicative.

(i) For any question deemed not relevant, permissible, or as duplicative, the Investigator will provide a written rationale in the Final Investigative
Report (as an appendix) or verbally during a recorded meeting.

b) The record of these meetings is provided to the Parties to review, typically within three (3) business days of the last meeting. The Parties have five (5)
business days to review the record and propose follow-up questions to be asked by the Investigator.

c) The final proposed questions will be reviewed by the Decision-maker for relevance and permissibility.

g) Final Round of Meeting Questions: If deemed necessary, follow-up meetings will be conducted by the Investigator to ask the final proposed questions. This is the final round of questioning, unless leave is granted by the Decision-maker for additional questioning or the Decision-maker determines additional questioning is necessary.

h) Investigator will compile the Final Investigative Report which will:

Incorporate any new, relevant evidence and information obtained in the Parties and Decision-maker’s review of the Draft Investigation Report/follow-up meetings.
Respond in writing, to the relevant elements of the Parties response to the Draft Investigation report and incorporate relevant elements of the written responses and any necessary revisions into the Final Investigation Report.
Include all supporting documentation
The Final Investigative Report and the complete investigative file is then provided to the Title IX Coordinator.

i) Before or on the same day as transmitting the Final Investigative Report, the Title IX Coordinator will provide the Parties the ability to submit a Written impact and / or mitigation statement. The Title IX Coordinator will review the statements upon receipt to determine whether there are any immediate needs, issues, or concerns, but will otherwise hold them until after a decision maker has made determinations on the allegations. If there are any findings of a policy violation the Decision-maker will request these impact statements from the Title IX Coordinator and review them prior to determining sanctions. In the event that the Impact Statements are requested by the Decision-maker, the Title IX Coordinator will transmit a copy to each Party of the other Parties’ impact statements at that time.

j) Transmission of the Final Investigation Report and Complete File. The Title IX Coordinator provides the Decision-maker with the Final Investigation Report and investigation file, including the evidence and information obtained in the Investigator-led Questioning meetings. This will not include the Impact Statements if they are received before the file is transmitted.

k) Decision-maker Determination. The Decision-maker will review the Final Investigation Report, all appendices, and investigation file. This includes the information obtained during the Draft Investigation Report Review, Draft Investigative Report Follow-up Meetings, and Final Round of Meeting Questions.

If the record is incomplete, the Decision-maker may direct the investigation be re-opened. Or the Decision-maker may direct or conduct any additional inquiry they believe is necessary, including informally meeting with the Parties or any witnesses, as needed.
Upon reviewing the relevant evidence, the Decision-maker may also choose to pose additional questions:
1. To the extent credibility is in dispute and relevant to one or more of the allegations, the Decision-maker may meet individually with the Parties and witnesses to question them in order to assess their credibility. These meetings will be recorded and shared with the Parties.
2. At their discretion, the Decision-maker may also meet with any Party or witness to ask additional relevant questions that will aid the Decision-maker in making their findings. These meetings will be recorded and shared with the Parties.
3. The Decision-maker will then apply the preponderance of the evidence standard to make a determination on each of the allegations.
4. If the Decision-maker determines that there are findings of a Policy Violation, they will request the Impact Statements, and review them prior to determining sanctions.
5. For more information on possible sanctions, please see below.
Timeline for Decision-maker’s Determination: This step generally takes approximately ten (10) business days, but this timeframe can change due to the number of variables. The Parties will be notified of any delays.

l) Later discovered false or misleading information: If it is later discovered that a Party or witness intentionally provided false or misleading information, that action may be grounds for re-opening a Resolution Process at any time, and/or referring that information to another policy and/or procedure for resolution.

m) Conclusion of Administrative Resolution Process: The Decision-maker will provide to the Title IX Coordinator a Written Determination.

The written determination must include:
1. A description of the alleged Policy violation;
2. Information about the Policies and Procedures used to evaluate the allegations;
3. The Decision-maker’s evaluation of relevant and not otherwise impermissible evidence;
4. A determination if a Policy violation occurred; and
5. When the Decision-maker finds that policy violations occurred:
  1. Disciplinary Sanctions imposed on the Respondent
  2. Whether remedies other than the imposition of Disciplinary Sanctions will be provided by the School to the Complainant(s); and
  3. To the extent appropriate, in cases of sex-based harassment involving students, other students identified by the School to be experiencing the effects of the sex-based harassment.
6. Procedures for the Parties to Appeal the Written Determination.

n) Notice of Outcome: within ten (10) business days of the conclusion of the Administrative Resolution Process, the Title IX Coordinator provides the Parties with a written outcome notification. The Written Determination by the Decision-maker to the extent that the School is permitted to share pursuant to state or federal law. This Written Determination and Notice of Outcome will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if neither Party appeals.

The Notice of Outcome will be provided to the Parties simultaneously or without significant time delay between notifications.
The Notice of Outcome may be delivered by one or more of the following methods: in person, mailed to the local and/or permanent address of the Parties as indicated in official School records, or emailed to the Parties’ email on file. Once mailed, emailed, and/or received in person, the Notification of Outcome is presumptively delivered.

3. Notice of Investigation and Allegations (“NOIA”)

a) When is a NOIA issued?

Before beginning the ARP, including the investigation portion of that process, the Title IX Coordinator will provide the Parties with a detailed written NOIA. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

In the event that an investigation has started, but the School determines that additional allegations of prohibited behavior under this Policy by the Respondent toward the Complainant will be investigated that are not included in the initial NOIA, the School will provide a supplemental NOIA that notifies the Parties of the additional allegations.

b) Investigator Appointment

Upon determination that an ARP will take place, the Title IX Coordinator appoints an Investigator to conduct the Investigation portion of the Administrative Resolution Process. Notice of the selected individual is provided in the NOIA as outlined below. The Investigator may be part of the Resolution Process Pool, or any other properly trained individual, at the discretion of the School.

c) What will a NOIA typically include?

A meaningful summary of all allegations
The identity of the involved Parties (if known)
The precise misconduct being alleged
The date and location of the alleged incident(s) (if known)
The specific policies/offenses implicated
A description of, link to, or copy of the applicable policy and procedures
A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
The name(s) of the Investigator(s), along with a process to identify to the Title IX Coordinator, in advance of the interview process, any conflict of interest that the Investigator(s) may have
A statement that:
1. the School presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
2. determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence
3. retaliation is prohibited
Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share information or materials obtained through the ARP
A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the ARP
A statement informing the Parties that the School’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the ARP
Information on how a Party may request disability accommodations during the ARP
A link to the School’s VAWA Brochure (if Sexual Violence, Dating Violence, Domestic Violence and/or Sex-based Stalking are indicated)
An instruction to preserve any evidence that is directly related to the allegations

d) How will the NOIA be delivered?

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the Parties as indicated in official School records, or emailed to the Parties’ email account on file. Once mailed, emailed, and/or received in person, the notification will be presumptively delivered.

e) Consolidation

The School may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

4. Investigation

a) General Investigation Information

1. How Are Investigations Conducted?

All investigations are adequate, thorough, reliable, impartial, prompt, and fair. They involve interviews with all relevant Parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary.

2. Verification of Materials and Testimony

After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

3. General Description of Investigation Steps

The Investigator(s) may include, but are not limited to the following steps, if not already completed, and not necessarily in this order:

Determine the identity and contact information of the Complainant.
Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all specific policies implicated.
Assist the Title IX Coordinator, if needed, with conducting a prompt initial evaluation to determine if the allegations indicate a potential Policy violation.
Work with the Title IX Coordinator, as necessary, to prepare the initial NOIA. The NOIA may be amended with any additional or dismissed allegations.
Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses.
When participation of a Party is expected, provide that Party with written notification of the date, time, and location of the meeting, as well as the expected participants and purpose.
Make good faith efforts to notify each Party of any meeting or interview involving another party, in advance when possible.
Interview the Complainant and the Respondent and conduct follow-up interviews with each, as necessary.
Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript or recording) of the relevant evidence/testimony from their respective interviews and meetings.
Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of another party and/or witnesses. Document in the investigation report which questions were asked, with a rationale for any changes or omissions.
Where possible, complete the investigation promptly and without unreasonable deviation from the intended timeline.
Provide the Parties with regular status updates throughout the investigation.
Prior to the conclusion of the investigation, provide the Parties and their respective Advisors with a list of witnesses whose information will be used to render a finding.
Ask the Parties to provide a list of questions they would like asked of the other party or any witnesses. The Investigator will ask those questions deemed relevant, and for any question deemed not relevant, will provide a rationale for not asking the question.
Write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation, and party and witness interviews, and provides all relevant evidence.
Provide the Parties and their respective Advisors an electronic copy of the draft investigation report as well as an opportunity to inspect and review all relevant evidence obtained as part of the investigation for a review and comment period of five (5) business days so that each party may meaningfully respond to the evidence. The Parties may elect to waive all or part of the review period.
The Investigator may share the investigation report with the Title IX Coordinator and/or legal counsel for their review and feedback.

b) Witness Role and Participation in the Investigation

a) Employees: Employees (not including Complainant and Respondent) are required to cooperate with and participate in the School’s investigation and Resolution Process.

b) Students: Student witnesses and witnesses from outside the School community cannot be required to participate but are encouraged to cooperate with School investigations and to share what they know about a Complaint.

c) Interviews and Written Statements: Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx, etc.), or, in limited circumstances, by telephone. The School will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

c) Interview Recording

It is standard practice for Investigators to create record of all interviews pertaining to the Resolution Process (other than Informal Resolution meetings). Please note that intake interviews conducted before the Notice is issued may not be recorded. The Parties may review copies of their own interviews, upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings. If an Investigator(s) elects to audio and/or video record interviews, all involved individuals should be made aware of audio and/or video recording.

All interviews are recorded. The recording and/or transcript of those meetings will be provided to the Parties for their review, after which the Parties may pose additional questions to each other. Those subsequent meetings or interviews are also recorded and/or transcribed and shared with the Parties.

5. Respondent Admits Responsibility

At any point in the proceedings, if a Respondent elects to admit to the charged violations and waive further process, the Decision-maker is authorized to accept that admission, adopt it as their finding/final determination, and administer sanctions. This would also waive all rights to appeal for the Respondent. If the Respondent rejects the finding/final determination/sanctions, or does not admit to all conduct charged, the Resolution Process continues to its conclusion.

6. Sanctioning

In the event that the Decision-maker’s Final Determination is that the Respondent violated Policy, factors considered by the Decision-maker when determining a sanction or remedies action may include, but are not limited to:

The nature, severity of, and circumstances surrounding the violation(s)
The Respondent’s disciplinary history
The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
The impact on the Parties
Any other information deemed relevant by the Decision-maker(s)

The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

a) Student Sanctions

The following are the common sanctions that may be imposed on Students singly or in combination when the Final Determination finds the Student(s) engaged in policy violations:

Coaching: A formal statement, documented on the Future Professional Advisory that the conduct was unacceptable, and a warning that further violation of any School policy, procedure, or directive will result in additional coaching sessions (sanctions) or responsive actions.
Restrictions: A Student may be restricted in their activities, including, but not limited to, being restricted for certain locations, programs, participation in certain activities or extracurricular activities, eligibility for honors, or from holding leadership in student clubs.
Probation: A warning that further violation of any School policy, procedure or directive will result in more severe sanctions/responsive actions, including termination.
Suspension: Termination of the Student status for a definite period of time, typically not to exceed two years, after which a student is eligible to return. Includes the revocation of the right to be on campus for any reason or to attend School-sponsored events. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the student is eligible to return if the School determines it is appropriate to re-enroll/re-admit the student. The student may or may not be eligible to transfer in previously earned hours, based on state requirements.
Termination: Permanent removal (termination) of the Student from their enrolled program and ineligibility to enroll in any other program on campus. Includes the revocation of rights to be on campus for any reason or to attend School-sponsored events.
Other actions: In addition to or in place of the above sanctions, the school may assign any other sanctions deemed appropriate.

b) Student Club or Student Organization Sanctions

The following are the common sanctions that may be imposed on Student Clubs singly or in combination when the Final Determination finds the Student Club(s) engaged in policy violations:

Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any School Policy, procedure, or directive will result in more severe sanctions/responsive actions.
Removal of Club Members or Leadership: restriction from participation for individuals found to have participated in the behavior.
Other Actions: In addition to or in place of the above sanctions, the School may assign any other sanction deemed appropriate.

c) Employee Sanctions, Responsive/Corrective Action Plans

The following are common sanctions and responsive/corrective actions that may be imposed on Employees singly or in combination when the Final Determination finds the Employee(s) engaged in policy violations:

Verbal or Written Warning
Performance Improvement Plan or Management Process
Enhanced Supervision, Observation, or Review
Required Counseling
Required Training or Education
Probation
Denial of Pay Increase/Pay Grade
Loss of Oversight or Supervisory Responsibility
Demotion
Transfer
Shift or Schedule Adjustments
Reassignment
Delay of Promotional Opportunities
Assignment of New Supervisor
Restriction on Travel and/or Professional Development Resources
Restriction of Bonus Pay
Suspension (Administrative Leave with Pay)
Suspension (Administrative Leave without Pay)
Termination
Other Actions: In addition to or in place of the above sanctions/responsive actions, the School may assign any other action it deems appropriate.

7. Non-Participation in the Administrative Resolution Process and/or Withdrawal or Resignation Before Completion of Resolution Process

a) Students

Non-Participation of Respondent
Should a student Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution.

2. Withdrawal or Resignation

If a student Respondent withdraws from the School, the Resolution Process may continue, or Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, School will still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged harassment, discrimination, and/or retaliation.

Regardless of whether the Complaint is dismissed or pursued to completion of the Resolution Process, School will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged discrimination, harassment, and/or retaliation.

When a student withdraws or leaves while the process is pending, the student may not return to the School in any capacity until the Complaint is resolved and any sanctions imposed are satisfied. If the student indicates they will not return, the Title IX Coordinator has discretion to dismiss the Complaint. Admissions and the Director will be notified accordingly.

If the student Respondent takes a leave for a specified period of time (e.g., one semester or term), the Resolution Process may continue remotely. If found in violation, that student is not permitted to return to School unless and until all sanctions, if any, have been satisfied.

b) Employees

Effect of Nonparticipation of Respondent
Should an employee Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution.
Resignation or Termination of Employment

If an employee Respondent withdraws from the School with unresolved allegations pending, the Resolution Process may continue, or Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the School may still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged discrimination, harassment, and/or retaliation.

When an employee resigns and the Complaint is dismissed, the employee may not return to the School in any capacity. Necessary personnel within the School, including the Director and/or Owners will be notified, accordingly, and a note will be placed in the employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with the School. The records retained by the Title IX Coordinator will reflect that status.

8. Appeal of Determination

1. Appeal Grounds

Appeals are limited to the following grounds:

A procedural irregularity that would change the outcome.
New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made.
The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that would change the outcome.

2. Request for Appeal

Any Party may submit a written request for appeal (“Request for Appeal”) to the Title IX Coordinator within five (5) business days of the delivery of the Notice of Outcome. The form for appeal will be provided with the Notice of Outcome.

Upon receipt of a timely submitted appeal, the Title IX Coordinator will Designate a trained Appellate Decision-maker and transmit the Request for Appeal to them. No Appellate Decision-maker will have been previously involved in the resolution process for the complete, including any supportive measure or dismissal appeal that may have been heard earlier in the process.

The Appellate Decision-maker will first determine if the Request for Appeal provides the necessary information to meet the grounds in this Policy. If the grounds are not met, the request will be denied by the Appellate Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appellate Decision-maker will notify all Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker by transmitting a copy of the Request for Appeal with the approved grounds and then will be provided with five (5) business days to submit a response to the portion of the Appeal that has been approved to proceed and involves that person(s) (these are called Appeal Responses).

Upon receipt of the Request for Appeal by the non-appealing party (if any), the non-appealing party may also choose to appeal at this time. If so, that Request for Appeal will be reviewed by the Appellate Decision-maker to determine if it meets the grounds in this Policy and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or original Decision-maker, as necessary, who will submit their responses, if any, within five (5) business days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties will be notified accordingly, in writing.

Upon receipt of the Appeal Responses, the Appellate Decision-maker will forward all responses, if any, to all Parties for review and comment. These are the Appeal Replies. No additional responses or replies will be permitted after this time.

No party may submit any new Requests for Appeal after this time period. The Appellate Decision-maker will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses Appellate Decision-maker who will promptly render a decision following the below steps.

3. Appeal Determination Process

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appellate Decision-maker will deliberate as soon as is practicable and discuss the merits of the appeal.

Appeal decisions are to be deferential to the original determination, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions apply the preponderance of the evidence standard.

An appeal is not an opportunity for the Appeal Panel or Decision-makers to substitute their judgment for that of the original Decision-maker merely because they disagree with the finding and/or sanction(s).

The Appeal Panel or Decision-maker may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

4. Appeal Outcome

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the Title IX Coordinator (as in cases of bias), the Appellate Decision-maker may order a new investigation and/or a new determination with new Pool members serving in the Investigator and Decision-maker roles.

A Notice of Appeal Outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanction(s) that may result (which the School is permitted to share according to federal or state law), and the rationale supporting the essential findings to the extent the School is permitted to share under federal or state law.

Written notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in official institutional records, or emailed to the account on file with the School. Once mailed, emailed, and/or received in person, the Appeal Outcome will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.

If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the five available appeal grounds.

5. Sanction Status During Appeal

Any sanctions imposed as a result of the determination are not implemented during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

For Student Respondents, if any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal procedures (detailed above) for a “show cause” meeting on the justification for doing so must be permitted within two (2) business days of implementation.

For Employee Respondents, the School may determine that they will follow applicable leave policies pending appeal.

9. Sanctions, Long Term Remedies, and Other Actions

a) Implementation

Following the conclusion of the Resolution Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or the School community that are intended to stop the discrimination, harassment, and/or retaliation, remedy the effects, and prevent recurrence.

These remedies/actions may include, but are not limited to:

Referral to external counseling and health services
Referral to the Employee Assistance Program
Program and registration adjustments, such as retroactive withdrawals
Education to the individual and/or the School community
Permanent alteration of work arrangements for employees
Provision of campus safety escorts
Climate surveys
Policy modification and/or training
Implementation of long-term contact limitations between the Parties
Implementation of adjustments to academic deadlines, program enrollment, etc.

At the discretion of the Title IX Coordinator, certain long-term supportive measures may also be provided to the Parties even if no Policy violation is found.

When no Policy violation is found, the Title IX Coordinator will address any remedies for the Respondent, on behalf of the School, to ensure there is not an effective denial of educational access.

The School will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the School’s ability to provide the necessary remedies/actions/measures.

b) Failure to Comply with Sanctions, Responsive Actions and/or Informal Resolution Terms

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker(s), including the Appellate Decision-maker or the Informal Resolution Agreement.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the School.

Supervisors are expected to enforce the completion of sanctions/responsive actions for their employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator’s satisfaction.

J. Recordkeeping and Involved Parties

Interview Recording
Institutional Recordkeeping

For a period of at least seven (7) years following the conclusion of the Resolution Process, the School will maintain records of:

Each discrimination, harassment, and retaliation resolution process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation
Any disciplinary sanctions imposed on the Respondent
Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to the School’s education program or activity
Any appeal and the result therefrom
Any Informal Resolution and the result therefrom
All materials used to provide training to individuals involved in the Title IX Process and Procedures, including: Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitator, and any person who is responsible for implementing the School’s Resolution Process, or who has the authority to modify or terminate supportive measures. The School will make these training materials available for review upon request.
All materials used to train all employees consistent with the requirements in the Title IX Regulations.

School will also maintain any and all records in accordance with state and federal laws.

K. Evidentiary Considerations

1. Relevance

Relevant evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a violation of Policy.

The Investigator(s) and the Decision-maker(s) will only consider evidence that is deemed relevant and not otherwise impermissible.

2. Impermissible Evidence

Impermissible evidence is defined as evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless 1) evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct, or 2) is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent.

The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent or preclude a determination that sex-based harassment occurred.

3. Previous Disciplinary Action of the Respondent

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

4. Character Evidence

Within the limitations stated above, the investigation and determination can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.

L. Accommodations and Support During the Resolution Process

1. Disability Accommodations

The School is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the School’s Policy and Resolution Process options. Anyone needing such accommodations or support should contact the Title IX Coordinator who provide the ADA Coordinator with the information they have. The ADA Coordinator may require additional documentation for an ADA Accommodation and will follow the published policy that is available here: will, in consultation with the Title IX Coordinator and with the person requesting the accommodation.

2. Other Supportive Mechanisms

The School will also address reasonable requests for support for the Parties and witnesses, including:

Language services/Interpreters
Access and training regarding use of technology throughout the Resolution Process
Other support as deemed reasonable and necessary to facilitate participation in the Resolution Process

M. Administrative Process Resolution Team and Impartiality

The Administrative Resolution Process (“Process”) relies on a group of trained individuals to carry out the Process “Resolution Process Pool”. This group may include external, trained third-party neutral professionals that may be designated on an as needed basis and also be used to serve in this role.

1. Resolution Process Pool Training

The Resolution Process Pool, including external individuals hired to act in this capacity, will receive annual training as required by the relevant regulations related to their respective roles, including additional training elements specific to Title IX. For additional information about Resolution Process Pool Training received, please contact the Title IX Coordinator.

2. Ensuring Impartiality

Any individual materially involved in the administration of the Resolution Process, including the Title IX Coordinator, Investigator(s), and Decision-maker(s), may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The Title IX Coordinator will vet the assigned Investigator(s), Decision-maker(s), and Appeals officers for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. At any time during the Resolution Process, the Parties may raise a concern regarding bias or conflict of interest, in writing to the Title IX Coordinator, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another person will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the Director.

The Administrative Resolution Process involves an objective evaluation of all available relevant and not otherwise impermissible evidence, including evidence that supports that the Respondent engaged in a Policy violation and evidence that supports that the Respondent did not engage in a Policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.

N. Statement of the Parties Rights under the Protected Class Nondiscrimination Policy and Procedures

Under this Protected Class Nondiscrimination Policy and Procedures, the Parties have the right to:

An equitable investigation and resolution of all credible allegations of prohibited protected class discrimination, harassment, retaliation, and other prohibited behaviors, when reported in good faith to School 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 School public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
Have all personally identifiable information protected from the School’s release to the public without consent, except to the extent permitted by law.
Be treated with respect by School officials.
Have the School’s Policy and these procedures followed without material deviation.
Voluntarily agree to resolve allegations under this Policy through Informal Resolution without School pressure, if Informal Resolution is approved by the Title IX Coordinator.
Not be discouraged by School officials from reporting discrimination, harassment, retaliation, and other prohibited behavior to both on-campus and off-campus authorities.
Be informed of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by the School 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 School 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 School-implemented no-contact order or 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 based on an individual’s protected characteristic(s).
Be informed of available assistance in changing academic and/or employment situations after an alleged incident of protected class discrimination, harassment, and/or retaliation, 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:
- Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation)
- Changing academic environment (e.g. changing schedules without penalty)
- Transportation assistance
- Referral to Visa/immigration assistance
- Rescheduling or adjusting internal deadline
- Receiving a withdrawal from a program
- Changing Program Schedules
- Temporary leave of absence (may be retroactive)
- Campus safety escorts
- Alternative course completion options (please note that accreditation restrictions may apply to the alternative options available).
Have the School maintain supportive measures for as long as necessary and for supportive measures to remain confidential, provided confidentiality does not impair the School’s ability to provide the supportive measures.
Receive sufficiently advanced written notice of any School meetings or interviews involving another party, when possible.
Identify and have the Investigator(s) and/or Decision-maker question relevant available witnesses, including expert witnesses.
Provide the Investigator(s)/Decision-maker with a list of questions that, if deemed relevant and permissible by the Investigator(s)/Decision-maker, 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-maker.
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 five (5) business days 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, and to have at least five (5) business days to review the report prior to the determination.
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.
A Decision-making panel that is not single-sex in its composition, if a panel is used.
Preservation of confidentiality/privacy, to the extent possible and permitted by law.
Meetings, interviews, and/or hearings that are closed to the public.
Petition that any School 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.
Be present, including presence via remote technology, during all testimony given and evidence presented during any hearing (if relevant).
Have an impact and/or mitigation statement considered by the Decision-maker 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 School 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 School’s grounds for appeal. A fundamentally fair resolution as defined in these procedures. Notice to the School of Allegations or Complaint.

O. Revision of these Procedures

These procedures succeed any previous procedures addressing protected class discrimination, harassment, and retaliation for incidents occurring on or after August 1, 2024. The Title IX Coordinator will regularly review and update these procedures. The School reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.

If governing laws or regulations change, or court decisions alter, the requirements in a way that impacts this document, this document will be construed to comply with the most recent governing laws or regulations or court holdings.

This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.

XXI. Policy Effective Date

This Policy and these Procedures are effective on August 1, 2024. If circumstances change and this policy is no longer compliant, we can make changes and/or revert to the previous policy.

Protected Class Nondiscrimination Policy and Procedures

APPENDIX A:

Protected Class Nondiscrimination Policy and Procedures Record Maintenance and Access Policy

Policy Scope

This Policy covers records maintained in any medium that are created pursuant to the School’s Protected Class Nondiscrimination Policy and Procedures and/or the regular business of the School’s Title IX/Nondiscrimination Office. All such records are considered private or confidential by the Title IX/Nondiscrimination 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 Coordinator controls the dissemination and sharing of any records under its control.

Types of Records Covered Under this Policy

Records pertaining to the Protected Class Nondiscrimination Policy and Procedures 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 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
Supportive measures-related documentation
Appeal-related documentation
Informal Resolution records
Outcome Notices
Any other records typically maintained by the School as part of the Complaint file

Drafts and Working Files: Preliminary drafts and “working files” are not considered records that the School must maintain, and these are typically destroyed during the course of an investigation or at the conclusion of any 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 or designee. An example of a “working file” would be the 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 included in this category. All drafts of investigation reports shared with the Parties are maintained.

Attorney Work-Product: Communications from the Title IX/Nondiscrimination Office or its designees with the School’s legal counsel may be work product protected by attorney-client privilege. These privileged communications are not considered records to be maintained by the School or accessible under this Policy unless the Title IX Coordinator or designee, 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. All records created pursuant to the Policy, as defined above, must be stored in digital format and maintained by the Title IX Coordinator or designee. The complete file must be transferred to the Title IX Coordinator or designee, typically within fourteen (14) business days of the complaint resolution (including any appeal), if the file is not already maintained within the Title IX/Nondiscrimination Office. Security protocols must be in place to preserve the integrity and privacy of any parts of any record that are maintained during the pendency of an investigation.

The School will store all records created pursuant to the Policy, regardless of the identities of the Parties. Any extra (non-essential) copies of the records (both digital and paper) must be destroyed.

A copy of records showing compliance with any applicable Clery Act/Violence Against Women Act (VAWA) requirements will be maintained along with the Complaint file by the School.

Title IX Training Materials

The School will also maintain copies of the slides or other materials from all Title IX training for the Resolution Process Pool members, or any external designees who are utilized during a Resolution Process, and employees. Trainings occurring prior to August 1, 2024, are posted online, and trainings occurring after August 1, 2024, are available for review upon request to the Title IX Coordinator.

Record Retention

All records created and maintained pursuant to the Policy will be retained by the School 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 School 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 School is strictly limited to the Title IX Coordinator, Director, and any person they authorize in writing, at their discretion, or via permission levels within the database. Those who are granted broad access to the Title IX/Nondiscrimination 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 School policies and procedures.

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

During the investigation, materials may be shared with the Parties using secure file transmission software. The School 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.

The School will maintain an access log of each case file, showing when and by whom it was accessed and for what purpose.

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, fire, and other potential emergencies. Clothing, forensic, and other physical evidence should be securely stored in the Title IX Coordinator’s or another appropriate secure location. All physical evidence will be maintained in a facility that is reasonably protected from flood and fire. A catalog of all physical evidence will be retained with the Complaint file.

Protected Class Nondiscrimination Policy and Procedures

APPENDIX B:

State Criminal Law Definition of Consent:

Under Washington Law, the Consent for sexual activity is defined as:

9A.44.010 (2):

"Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.