Title IX

Title IX Compliance Team

Introduction

Pursuant to Title IX of the Education Amendments of 1972 and the U.S. Department of Education’s implementing regulations at 34 C.F.R. Part 106, the Rio Grande Title IX Compliance Team has primary responsibility for coordinating efforts to comply with and carry out its responsibilities under Title IX. Title IX prohibits sex-based discrimination in all operations of the University of Rio Grande and Rio Grande Community College (“Rio Grande”), as well as retaliation intended to interfere with any right or privilege secured by Title IX.

Sexual misconduct - including sex-based harassment, sexual assault, rape, and sexual exploitation - can constitute sex-based discrimination under Title IX. The Title IX Compliance Team oversees the response to reports involving possible sex-based discrimination to monitor outcomes, identify and address any patterns, and assess the campus climate so that Rio Grande can address issues that impact the community as a whole.

Reporting to the Title IX Compliance Team

Students and employees should contact a member of the Title IX Compliance Team to:

• Seek information or training about their rights and available courses of action for resolving reports that involve potential sex-based discrimination, including sexual misconduct;
• Make a report of sex-based discrimination, including sexual misconduct;
• Notify Rio Grande of an incident, policy, or procedure that may raise potential Title IX concerns;
• Obtain information about available resources (including confidential resources) and support services relating to sex-based discrimination, including sexual misconduct; and
• Ask any questions about our policies and procedures relating to sex-based discrimination, including sexual misconduct.
• The Title IX Compliance Team includes the Title IX Coordinator, the Deputy Title IX Coordinator, the Chief of Campus Police, and other staff and faculty representatives from the University of Rio Grande and Rio Grande Community College.

Title IX Coordinator: The Title IX Coordinator is responsible for overseeing response to reports. The Title IX Coordinator is also responsible for continually monitoring the campus environment and implementing improvements to our Title IX policy and programs.

Director of Human Resources
Bob Evans Farm Hall - Room 237
740-245-7228
TitleIXCoordinator@rio.edu

Deputy Title IX Coordinator: The Deputy Title IX Coordinator is also responsible for overseeing response to reports. The Deputy Title IX Coordinator will work closely with the Title IX Coordinator to ensure a thorough and fair response to all claims of discrimination.

Professor of Sports and Exercise Studies
Holzer School of Nursing and Allied Health
740-245-7492
TitleIXDeputyCoordinator@rio.edu

Chief of Campus Police: The Chief of Campus Police is responsible for overseeing the investigation of reports. In doing so, the Chief of Campus Police will also serve as the liaison between the Title IX Compliance Team and law enforcement when necessary.

Chief of Campus Police
Campus Police Department
740-245-7286
PoliceChief@rio.edu

If the incident, policy, or procedure about which a student or employee seeks to file a report creates the appearance of a conflict of interest (regardless of whether or not there is, in fact, a conflict) with one of the members of the Title IX Compliance Team, that student or employee may contact any other member of the team or notify the Office of the University President.

President
Bob Evans Farm Hall - Room 223
740-245-7204
President@rio.edu

Reports that involve potential violations of Title IX may also be referred to the U.S. Department of Education Office of Civil Rights or the U.S. Department of Justice Civil Rights Division Opportunities Section at the following addresses:

Title IX Compliance Team Responsibilities

Training

The Title IX Compliance Team is responsible for providing or facilitating ongoing Title IX training, consultation, and assistance for students, faculty, and staff. This includes regular training for faculty and staff outlining their rights and obligations under Title IX. With regard to sexual misconduct, this training will cover at least the following topics:

• What is the appropriate response to reports of sexual misconduct?
• What is the obligation to report sexual misconduct to appropriate officials?
• Who may keep a report confidential, and to what extent?

The Title IX Compliance Team’s training responsibilities also include regular training for students outlining their rights under Title IX. With regard to sexual misconduct, this training will cover at least the following topics:

• What constitutes sexual misconduct.
• When sexual misconduct creates a hostile environment.
• Consent.
• Reporting options available for students.
• Grievance procedures used to process reports.
• Sexual misconduct in the Community Code.
• Strategies for bystander intervention.
• The role of alcohol and drugs in sexual misconduct.
• Offices and individuals who can provide support.
• Confidentiality in the reporting process.
• Protection against retaliation.

Investigations

The Title IX Compliance Team will conduct adequate, reliable, and impartial investigations of every report containing a potential violation of the Policy Against Sex-Based Discrimination. Fact-finding investigations will begin immediately upon the receipt of a report. The Title IX Compliance Team will also investigate reputable informal reports of potential violations to ensure the safety and security of the campus community. The Title IX Compliance Team will work together, with campus resources, and with local law enforcement to determine whether any reports tend to establish a pattern of inappropriate conduct. The results of the Title IX Compliance Team investigations will be used to support sanctions and will be presented to the University Hearing Board when a formal hearing is requested

Interim Measures, Sanctions, and Remedies

The Title IX Compliance Team will act on behalf of Rio Grande to address inappropriate conduct, prevent its recurrence, and, to the extent possible, remedy any effects. The investigating member of the Title IX Compliance Team will implement immediate interim measures to ensure each party’s safety and security prior to a determination. The investigation official will also recommend appropriate sanctions and remedial efforts following the conclusion of an investigation. In the absence of a formal hearing, recommended sanctions and remedies will be reviewed by at least one other member of the Title IX Compliance Team, or, when conflicts of interest so require, to the Dean of Students, before they are implemented.

Student Grievance Procedures for Potential Violations of The Policy Against Sex-Based Discrimination

Investigation and Sanction

Reports of possible Policy Against Sex-Based Discrimination violations may be investigated or substantiated by any member of the Title IX Compliance Team. Although each investigation will be tailored to address the unique facts and circumstances presented in a report, every investigation must be adequately thorough, reliable, and impartial. The Title IX Compliance Coordinator has primary responsibility for ensuring that every investigation comports with those standards.

After the fact-finding investigation has been completed to the satisfaction of the Title IX Compliance Team, one of the following actions may be taken:

• Dismissal of the report when the investigation indicates that no Policy Against Sex-Based Discrimination violation occurred or when the nature of the violation warrants a warning.
• Imposition of remedies and sanctions deemed appropriate when a preponderance of the evidence shows that a student has violated the Policy Against Sex-Based Discrimination.
  • More than one sanction may be imposed for a single violation of the Policy Against Sex-Based Discrimination. For example, a violator may be placed on restrictive probation and required to undergo assessment. The imposition of a remedy or sanction may occur prior to any formal hearing when appropriate.
• Referral to the University Hearing Board when appropriate. Cases in which a student is facing suspension or expulsion must be referred to the University Hearing Board.

Even when no formal hearing is warranted, the alleged target(s) and alleged actor(s) (the “parties”) identified in a report alleging a violation of the Policy Against Sex-Based Discrimination will have the opportunity to meet with the Title IX Compliance Team official investigating the matter. At that meeting, the parties will be informed of the specific allegations of the charge(s), and will have an opportunity to offer any defense refuting the allegations or an explanation justifying the conduct.

When the sanction being imposed includes suspension or expulsion, the parties will be given the opportunity to provide a detailed written statement regarding their conduct and whereabouts during the date and time in question before the case is referred to the University Hearing Board for determination of sanction. A student may be temporarily suspended prior to a formal hearing under the procedures set forth in part 9 of the “Disciplinary Sanctions” section of this Handbook.

After the imposition of a sanction in cases not leading to suspension or expulsion, the sanctioned student may appeal the decision and request a formal hearing. All sanctions that are appealed will remain in effect during the appellate process, except when the Dean of Student, in consultation with the Title IX Compliance Coordinator, has determined otherwise.

Notice of Sanction

If, after an adequate, reliable and impartial investigation, the investigating official believes a violation of the Policy Against Sex-Based Discrimination has occurred, the official will give a written notice of the disciplinary sanction being imposed to the sanctioned student. This notice will include details of the incident, a description of the violation, and a description of the sanction(s).

Right to A Hearing

Any student involved in a report of a potential violation of the Policy Against Sex-Based Discrimination has the right to request a formal hearing. Students should be aware that a request for a hearing may not forestall interim measures taken to address any continuing threat or retaliatory conduct. Any request for a hearing must be in writing and received by the investigating Title IX Compliance Team official during the investigation and/or before the third business day following the imposition of any sanction(s). All hearings involving a potential violation of the Policy Against Sex-Based Discrimination will be conducted by the University Hearing Board. If no written request for a hearing is received by the Title IX Compliance Coordinator within three business days following the imposition of any sanction(s), the sanction(s) will be imposed by the investigating Title IX Compliance Team official.

Hearing Procedures

Any hearing involving a potential violation of the Policy Against Sex-Based Discrimination will proceed as follows:

1. TIME OF HEARING: The hearing will be conducted within seven business days following the conclusion of the Title IX Compliance Team fact-finding investigation.
2. APPEARANCE OF PARTIES: All students involved in a report of a potential violation will be permitted, but not required, to attend a formal hearing on the report. The alleged target of the discriminatory conduct will never be required to be present in the same room as the alleged actor. Any requests for separation will be honored. When a request for separation is submitted, the parties may be present for the hearing by means of closed-circuit television or other telepresence technology.
3. SUBPOENA OF WITNESSES: The University Hearing Board will have the authority to subpoena any appropriate faculty member, staff member, or currently enrolled student to appear and testify at a hearing. Any of the parties or the investigating official may request such a subpoena. The request for subpoena must be submitted to the University Hearing Board three business days prior to the scheduled hearing. In addition, the parties and the investigating official may call witnesses who are not faculty, staff, or students and who are willing to appear at the hearing.
4. ADVISOR: The parties may have an advisor present to represent their interests in a hearing. The advisor must be an employee of the University who is willing to volunteer to be the party’s advisor. The following persons are prohibited from serving as an advisor in a hearing:
   • Persons who are involved in the incident giving rise to the report.
   • Persons who have any personal knowledge of the incident, who have been involved in the investigation, or who may reasonably be called as witnesses.
   • The President, Vice President for Administration and Student Affairs, Dean of Students, University Counsel, Campus Police, Head Resident Assistant, Resident Advisors, members of the Title IX Compliance Team, and members of the Student Judiciary Board.
   • The name of any party’s advisor must be submitted in writing to the University Hearing Board at the hearing.
5. RECORDING: Generally, hearings will not be recorded. Any party may request to record a hearing. Rio Grande will be responsible for creating the recording but makes no warranties about the quality of the recording. Requests may be submitted to the University Hearing Board up to 24 hours before the scheduled hearing.
6. HEARING: Hearings will generally be closed to observers. Any party may request to open the hearing to named observers. Requests may be submitted to the University Hearing Board up to 24 hours prior to the scheduled hearing. Parties may have legal counsel present to observe on his or her behalf. However, legal counsel is prohibited from speaking to anyone during the course of the hearing and is prohibited from participating in the hearing. At any time during the course of the hearing, the University Hearing Board may order the hearing closed to any or all observers, except to observing legal counsel, unless legal counsel has violated the prohibition against speaking during or participating in the hearing. All parties should remember that Rio Grande does not tolerate retaliatory conduct - including intimidation tactics - resulting from a report of a potential Policy Against Sex-Based Discrimination violation. Retaliatory conduct will be subject to further disciplinary proceedings.
7. ORDER OF HEARING:
   • Call to order by Chairperson
   • Summary of the report.
   • Statement by the investigating official.
   • Statement by or on behalf of the target(s).
   • Statement by or on behalf of the actor(s).
   • Evidence, including witness testimony, may be presented by the parties. Following the presentation of each witness called, the witness will be available for questions from the other party and the University Hearing Board. No party will be required to testify on his or her own behalf, or on behalf of any other party.
   • Evidence presented by the investigating official.
   • Evidence presented by or on behalf of the target(s).
   • Evidence presented by or on behalf of the actor(s).
   • Statement by or on behalf of the target(s).
   • Statement by or on behalf of the actor(s).
   • Statement by the investigating official.
   • Deliberation. The University Hearing Board will deliberate outside the presence of others to determine whether the evidence shows it is more likely than not that the actor(s) did or did not engage in conduct that violates the Policy Against Sex-Based Discrimination.
   • Decision. The University Hearing Board will issue a written decision within five business days following the last day of the hearing. If it is determined that a violation occurred, the written decision will include a description of the conduct that violates the Policy Against Sex-Based Discrimination and any appropriate sanction and/or remedial action.
8. APPEAL: Any party may appeal the University Hearing Board’s decision to the Rio Grande President. In the absence or referral of the President, the appeal will be made to the Provost. The party wishing to appeal must file a notice of appeal with the Dean of Students within three business days following the delivery of the written disposition. Within 10 business days following the delivery of the written disposition, the party initiating the appeal must file a written appeal with the Office of the Dean of Students. The written appeal may not exceed 15 pages in length, must be addressed to the President of the University, and must establish that the University Hearing Board’s written determination is not supported by the evidence or that there was a material deviation from appropriate investigation and grievance procedures creating an unfair result. The President or Provost, as the case may be, will determine the merit of the appeal and decide whether to proceed with a hearing.
9. REVIEW ON APPEAL: If merit of the appeal is established, the President or Provost, as the case may be, will conduct a closed hearing to review the written appeal, a recording of the hearing if available, and the hearing minutes. If no recording is available, or if the recording is of such poor quality that it is not useful for the appeal, the University Hearing Board will prepare a full statement of the evidence and proceedings. The President will come to one of the following conclusions:
   • The evidence supports the University Hearing Board’s written determination, and the sanction imposed is appropriate.
   • The evidence supports the University Hearing Board’s written determination, but the sanction imposed is inappropriate and another sanction the President believes is appropriate will be levied.
   • There was a material deviation from the prescribed investigation or grievance procedures creating an unfair result, and the matter must be re-investigated and/or re-heard under the supervision of the President.