I. Purpose and Institutional Commitment
Anne Arundel Community College (“The College”) is committed to maintaining a workplace and educational environment, as well as all associated benefits, programs, and activities, that are free from Sexual Misconduct and Retaliation. The College values the equal dignity of all members of the College community and seeks to provide a prompt, fair, equitable, and impartial response to Reports and Formal Complaints of Sexual Misconduct and Retaliation.
These Resolution Procedures (“Procedures”) are intended to:
1. prohibit Sexual Misconduct and Retaliation,
2. establish reporting options,
3. identify the rights and responsibilities of parties and relevant College officials,
4. provide supportive measures,
5. establish jurisdictional and procedural screening standards,
6. set forth the process for formal investigation and adjudication of matters within the scope of Title IX, and
7. provide for remedies, sanctions, appeal, and recordkeeping.
The College will interpret and apply these Procedures in a manner consistent with applicable law, including Title IX, implementing regulations, applicable constitutional requirements, the Jeanne Clery Campus Safety Act (Clery Act), the Violence Against Women Act (VAWA), Family Educational Rights and Privacy Act (FERPA), and applicable Maryland law.
II. Scope
These Procedures apply to allegations of Sexual Misconduct and Retaliation that fall within the scope of Title IX and the College’s authority to respond. Where allegations do not fall within Title IX jurisdiction, the College may still address the reported conduct under other applicable College policies, procedures, or institutional processes, as determined by the Title IX Coordinator or other designated official.
These Procedures may apply to individual incidents, alleged patterns of conduct, related conduct, and, where appropriate, broader climate or culture concerns arising from the same operative facts or sufficiently connected circumstances.
No other College policy or procedure shall be used to investigate, adjudicate, decide, or appeal allegations that are determined by the Title IX Coordinator to fall within the scope of these Procedures, unless otherwise required by law or expressly provided herein.
These Procedures may also be used to address collateral misconduct, including misconduct such as vandalism, physical abuse of another, or similar conduct, when such misconduct arises from the investigation of, or occurs in conjunction with, reported conduct that falls within the scope of Title IX. All other allegations of misconduct unrelated to incidents within the scope of Title IX shall be addressed through other applicable College procedures.
III. Definitions
For purposes of these Procedures, definitions required under applicable federal law as amended from time to time, including 34 C.F.R. § 106.30 (2020 Title IX regulations), control for Title IX jurisdiction, while the College may apply additional or clarifying definitions for institutional policy and compliance purposes.
A. Advisor
An Advisor is a person chosen by a party, or appointed by the College when required, to accompany the party to meetings, interviews, conferences, and hearings, to advise the party on the process, and to conduct questioning on behalf of the party at a hearing when permitted or required by these Procedures.
B. Appeal
An Appeal is a written request seeking review of a dismissal or Notice of Outcome on one or more of the limited grounds stated in these Procedures.
C. Appeal Officer
The Appeal Officer is the person designated to decide a permitted Appeal. The Appeal Officer must not have had prior substantive involvement in the matter in a role that would compromise impartiality.
D. Business Day
Business Day means a day on which the College is in normal operation. Weekends, holidays, days when the College is closed, and other officially announced closures are not Business Days.
E. Behavioral Intervention Team or BIT
Behavioral Intervention Team or BIT means a group comprised of a cross-section of College personnel with expertise in the areas of student development, law enforcement, threat assessment, College operations, and medical and mental health. The BIT evaluates and manages imminent threats of violence and coordinates an appropriate plan of action, which may include consulting external third parties with expertise in threat assessment. The BIT is designed to provide a coordinated referral system, a behavioral assessment process, an internal communications structure, and a comprehensive monitoring system to allow for follow-up and support. Standing membership of the BIT is comprised of staff from the following functional areas: Community Standards, Personal Counseling Services, Department of Public Safety and Policy, Faculty Human Services, Disability Support Services, and Academic Advising. Additional College Employees may from time to time be designated by the BIT to serve as a resource.
F. Campus Security Authority
A Campus Security Authority is an Employee who has a duty to report information for federal statistical reporting purposes under the Clery Act.
G. College Community
College community includes students, faculty, administrators, staff, volunteers, vendors, contractors, visitors, guests, invitees, participants in College-sponsored programs or activities, recognized student organizations, and, where applicable, third parties interacting with the College’s educational or employment environment.
H. College Property or Premises
College Property or Premises means buildings, grounds, or property that is owned, leased, operated, or controlled by the College.
I. Complainant
A Complainant is an individual alleged to have been subjected to conduct that could constitute Sexual Misconduct or Retaliation.
J. Confidential Resource
A Confidential Resource is an individual designated by the College to receive disclosures confidentially, consistent with applicable law, licensure, ethics, and privilege rules, and who is not required by these Procedures to report Sexual Misconduct to the Title IX Coordinator except as permitted or required by law.
K. Confidentiality
Confidentiality means a privilege recognized by law between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, and the persons with whom they have privileged relationships, under which information may not ordinarily be disclosed to third parties except as permitted or required by law, court order, or valid written consent. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the Clery Act, and other disclosures may be made where required or permitted by law.
L. Consent
Consent is knowing, voluntary, and clear permission by word or action to engage in specific sexual activity. Consent must be assessed in context and may be withdrawn at any time through words or conduct reasonably communicating withdrawal. Once consent is withdrawn, all sexual activity must cease. Consent to one form of sexual contact does not, by itself, constitute consent to other forms of sexual contact. Silence, passivity, or lack of resistance alone does not constitute Consent. A current or prior relationship does not, by itself, establish Consent. Consent must be ongoing, voluntary, and mutually understood. 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.
The existence of Consent is evaluated based on the totality of the circumstances and from the perspective of a reasonable person in the same or similar circumstances.
M. Decision-Maker
The Decision-Maker is the person designated to preside over the hearing, decide relevance where applicable, determine responsibility under the applicable standard of proof, and issue findings and sanctions, if any.
N. Deputy Title IX Coordinator
A Deputy Title IX Coordinator is an individual designated by the College to assist the Title IX Coordinator and, when assigned or when the Title IX Coordinator is unavailable, perform designated functions under these Procedures.
O. Education Program or Activity
Education program or activity means locations, events, or circumstances over which the College exercises substantial control over both the Respondent and the context in which the alleged Sexual Misconduct occurs, and also includes buildings owned or controlled by recognized student organizations, to the extent required by applicable law.
P. Employee
Employee means any individual employed by the College and performing assigned duties on behalf of the College.
Q. Emergency Removal
Emergency Removal means the temporary removal, in whole or in part, of a Respondent from the College’s education program or activity based on an individualized safety and risk analysis concluding that an immediate threat to the physical health or safety of any person justifies such removal.
R. Final Determination
Final Determination means the Decision-Maker’s determination, under the preponderance of the evidence standard, as to whether a Respondent is responsible or not responsible for violating these Procedures.
S. Finding
Finding means a conclusion, under the preponderance of the evidence standard, as to whether conduct did or did not occur as alleged.
T. Formal Complaint
A Formal Complaint is a document or electronic submission filed by a Complainant, or signed by the Title IX Coordinator, alleging Sexual Misconduct or Retaliation by a Respondent and requesting that the College investigate the allegations.
U. Formal Grievance Process
Formal Grievance Process means the method of formal resolution designated by the College to address conduct that falls within these Procedures and that complies with applicable legal requirements, including investigation of allegations, determination of whether a violation has occurred, and issuance of Sanctions where appropriate.
V. Hearing
A Hearing is the live adjudicative proceeding conducted after investigation and post-investigation review, if the matter proceeds to formal adjudication under these Procedures.
W. Investigator
An Investigator is the person designated to gather facts, interview parties and witnesses, collect and organize evidence, assess relevance for investigatory purposes, and prepare the investigation report. The Investigator does not determine responsibility and does not impose Sanctions.
X. Mandated Reporter
A Mandated Reporter is a College Employee designated by these Procedures to promptly share known information concerning alleged Sexual Misconduct or Retaliation with the Title IX Coordinator.
Y. Notice of Investigation and Allegations or NOIA
The written notice informing the parties that a Formal Complaint has proceeded into the formal process and identifying the allegations, implicated provisions, and related rights and procedures.
Z. Official with Authority
An Official with Authority is an Employee explicitly vested by the College with authority to implement corrective measures for Sexual Misconduct or Retaliation on behalf of the College. The College has determined that the President and Vice Presidents are the Officials with Authority for purposes of these Procedures. This designation is intentionally limited to those positions in order to ensure that institutional notice and the corresponding obligation to respond are triggered through a clearly defined and senior channel. No other employee or administrator is designated as an Official with Authority under these Procedures unless expressly identified by the College in writing.
AA. Parties
Parties means the Complainant and Respondent collectively. Party refers to either individually.
BB. Pool
The Pool refers to the group of trained individuals from which the College may draw Investigators, Advisors, Decision-Makers, and Appeal Officers.
CC. Privacy
Privacy means that information will be shared only with those College officials and others who have a legitimate need to know in order to assess, investigate, adjudicate, implement supportive measures, provide remedies, comply with law, or carry out these Procedures.
DD. Remedies
Remedies are post-determination measures designed to restore or preserve equal access to the College’s education program or activity, prevent recurrence, and remedy effects of Sexual Misconduct or Retaliation.
EE. Resolution
Resolution means the result of a Formal Grievance Process.
FF. Report
A Report is information received by the College, verbally, in writing, electronically, or by other means, alleging Sexual Misconduct or Retaliation.
GG. Respondent
A Respondent is an individual alleged to have engaged in conduct that could constitute Sexual Misconduct or Retaliation.
HH. Retaliation
Retaliation means intimidation, threats, coercion, harassment, discrimination, or other materially adverse action against a person for the purpose of interfering with a right or privilege secured by Title IX or these Procedures, or because the person made a Report or Formal Complaint, testified, assisted, participated, or refused to participate in a process under these Procedures. The exercise of rights protected by the First Amendment or other law does not constitute Retaliation.
II. Sanction
A Sanction is a disciplinary or responsive consequence imposed on a Respondent found responsible for violating these Procedures.
JJ. Sexual Misconduct
Sexual Misconduct is the umbrella term used in these Procedures to include conduct such as quid pro quo sexual harassment, hostile environment sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, and, where applicable under these Procedures, gender-based discrimination and related sex-based misconduct.
KK. Student
Student means any individual registered for any credit, non-credit, continuing education, or future term course or program offered by the College.
LL. Supportive Measures
Supportive Measures are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to a Complainant or Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed, designed to restore or preserve access to the College’s education program or activity without unreasonably burdening the other party.
MM. Title IX Coordinator
The Title IX Coordinator is the Employee designated by the College to coordinate compliance with Title IX and these Procedures. References to the Title IX Coordinator include a properly assigned Deputy Title IX Coordinator or designee for a particular task or matter, unless the context requires otherwise.
NN. Title IX Team
The Title IX Team consists of the Title IX Coordinator, Deputy Title IX Coordinators, and those individuals assigned to fulfill procedural roles under these Procedures.
IV. Title IX Coordinator and Administrative Roles
A. Title IX Coordinator
The Chief Compliance and Fair Practices Officer serves as the College’s Title IX Coordinator and has primary responsibility for intake, assessment, supportive measures, jurisdictional determinations, procedural oversight, coordination of the formal process, and implementation of remedies.
B. Deputy Title IX Coordinator
The Director of the Office of Community Standards, or such other person as designated by the College, serves as Deputy Title IX Coordinator and may assist the Title IX Coordinator in carrying out duties under these Procedures.
C. Procedural Authority of the Title IX Coordinator
The Title IX Coordinator retains overall procedural authority under these Procedures, including authority to:
1. receive and assess Reports and Formal Complaints,
2. determine whether allegations fall within the scope of these Procedures,
3. determine whether dismissal under Title IX is required or permitted,
4. direct whether allegations should be referred under another College policy or process,
5. determine whether, if a Complainant does not wish to file a Formal Complaint, the Title IX Coordinator must sign a Formal Complaint,
6. determine and implement Supportive Measures,
7. determine whether Emergency Removal is warranted,
8. determine the appropriate scope of investigation,
9. identify whether allegations involve an incident, pattern, practice, culture or climate concern, or a combination thereof,
10. consolidate or separate allegations or matters where appropriate,
11. issue procedural directives,
12. manage case flow and timing,
13. determine advisor eligibility and address advisor conflicts or disruptions,
14. issue post-investigation, pre-hearing clarification and narrowing directives, and
15. ensure overall fairness, order, and consistency in the administration of these Procedures.
D. Limits of Coordinator Authority
The Title IX Coordinator shall not serve as the Decision-Maker in the same matter and shall not make the final responsibility determination on the merits in a matter that proceeds to hearing.
This limitation does not restrict the Title IX Coordinator’s authority to conduct intake review, determine jurisdiction, assess legal sufficiency, dismiss allegations on procedural or threshold grounds, refer allegations to another process, or issue pre-hearing clarification and narrowing directives as otherwise provided in these Procedures.
V. Independence, Bias, and Conflict of Interest
The Title IX Coordinator, Investigators, Decision-Makers, Appeal Officers, Advisors appointed by the College, and all others materially involved in the process must act impartially and without bias or conflict of interest for or against Complainants or Respondents generally, or against a specific party.
Any concern regarding bias or conflict involving a procedural actor may be raised promptly to the Title IX Coordinator, or, if the concern involves the Title IX Coordinator, to the Deputy Title IX Coordinator, the President, or such other official designated by the College.
Where a bias or conflict concern is substantiated, the College shall reassign the role as appropriate.
VI. Administrative Contact Information
Reports, Formal Complaints, and inquiries may be made to the College officials designated by the College, including the Title IX Coordinator, Deputy Title IX Coordinator, President, and designated Officials with Authority. The College shall maintain current contact information in an accessible location on its website and in published policy materials.
VII. Reports and Formal Complaints
A. Reports
Any person may make a Report of alleged Sexual Misconduct or Retaliation in person, by mail, by telephone, by email, verbally, electronically, or through any reporting form designated by the College.
Reports may also be made to any Official with Authority.
Anonymous Reports are permitted. The College’s ability to respond may be limited if the reporting party or Complainant cannot be identified or contacted.
Administrative Contact Information (Institutional Reference Section)
To ensure accuracy and consistency across institutional publications, the College maintains current contact information for key officials and external agencies in centralized locations. The information below is provided as a reference framework and may be updated periodically without requiring formal amendment to this Procedure.
The following contact information shall be maintained and published by the College:
Title IX Coordinator
Michael Z. Salvador
Chief Compliance and Fair Practices Officer / Title IX Coordinator
Office of the Chief Compliance & Fair Practices Officer
Anne Arundel Community College
101 College Parkway, Arnold, Maryland 21012
Phone: 410-777-1239 | Email: complianceofficer@aacc.edu | MD Relay: 711
Deputy Title IX Coordinator
Erik Hunter
Director, Office of Community Standards / Deputy Title IX Coordinator
Student Union, Room 209 | 101 College Parkway, Arnold, Maryland 21012
Phone: 410-777-1339 | Email: ocs@aacc.edu | MD Relay: 711
Officials with Authority
The President and Vice Presidents of the College are designated Officials with Authority. Reports or Formal Complaints may be submitted to any of the following:
Dr. Tanya Millner, Interim President | Ludlum Hall, Room 233 | 101 College Parkway, Arnold, MD 21012 | Phone: 410-777-1177 | Email: presidentsline@aacc.edu
Dr. Felicia L. Patterson, Vice President for Learner Support Services | Ludlum Hall, Room 215A | 101 College Parkway, Arnold, MD 21012 | Phone: 410-777-2256 | Email: vplss@aacc.edu
Dr. Clayton A. Railey, Interim Provost/Vice President for Learning | Ludlum Hall, Room 217A | 101 College Parkway, Arnold, MD 21012 | Phone: 410-777-1847 | Email: learning@aacc.edu
Melissa A. Beardmore, Vice President for Learning Resources Management | Ludlum Hall, Room 213A | 101 College Parkway, Arnold, MD 21012 | Phone: 410-777-2825 | Email: mabeardmore@aacc.edu
Dr. Richard C. Kralevich, Vice President for Information and Instructional Technology, Florestano 420A | 101 College Parkway, Arnold, MD 21012| p: (410) 777-2195 |Email: rckralevich@aacc.edu
Online Incident Reporting Form
Reports may also be filed online using the Title IX Sexual Harassment Reporting Form.
Public Safety and Police
Department of Public Safety and Police | Central Services Building | 101 College Parkway, Arnold, MD 21012 Office Phone: 410-777-2440 | Emergency: 410-777-1818 | MD Relay: 711
External Agencies
Inquiries and complaints may also be made externally to the following agencies at any time, regardless of whether a complaint has been filed with the College:
U.S. Department of Education, Office for Civil Rights (OCR) – Philadelphia Regional Office
100 Penn Square East, Suite 515 | Philadelphia, PA 19107-3323
Phone: 215-656-8541 | Website: www.ed.gov/ocr
Equal Employment Opportunity Commission (EEOC) – Baltimore Field Office (for employee complaints)
GH Fallon Federal Building | 31 Hopkins Plaza, Suite 1432 | Baltimore, MD 21201
Phone: 800-669-4000 | TTY: 800-669-6820 | Fax: 443-992-7880 | Website: www.eeoc.gov
Note: Contact information for College officials and external agencies is subject to change. The most current information is maintained on the College’s Title IX website. This document will be updated periodically to reflect any changes.
Nothing in this section limits the ability of any individual to report to external agencies at any time.
B. Formal Complaints
A Formal Complaint may be filed by a Complainant or signed by the Title IX Coordinator.
A document filed by a Complainant may include a written submission, email, or other electronic submission that clearly indicates the Complainant is the person submitting it and seeks College investigation of the alleged conduct.
If a person wishes to proceed formally but the submission does not technically satisfy Formal Complaint requirements, the Title IX Coordinator shall assist in properly memorializing and filing the Formal Complaint.
C. Coordinator-Initiated Formal Complaint
Where a Complainant does not wish to proceed with a Formal Complaint, or where no Complainant is available or willing to proceed, the Title IX Coordinator may sign a Formal Complaint when the Coordinator determines that doing so is necessary to address a compelling health or safety risk, preserve access, address pattern or climate concerns, protect the community, or otherwise fulfill the College’s obligations under law.
D. Special Routing for Complaints Involving Certain Senior Officials
If a Complainant wishes to submit a Report or Formal Complaint against the Title IX Coordinator, the Complainant may submit the Report or Formal Complaint to an Official with Authority, who shall request that the President designate an Employee or external third party to serve as the Title IX Coordinator for purposes of that matter.
If a Complainant wishes to submit a Report or Formal Complaint against the President, the Complainant may submit the Report or Formal Complaint to the Title IX Coordinator or an Official with Authority. In such circumstances, the Title IX Coordinator shall submit the matter to the Chair of the Board of Trustees, who shall designate an external third party to serve as the Title IX Coordinator, the Investigator, and the Decision-Maker for purposes of that matter. The Chair of the Board of Trustees may serve as the Appeal Officer or may designate an external third party to serve as the Appeal Officer.
E. Prompt Outreach and Supportive Measures
Upon receipt of a Report of Sexual Misconduct or Retaliation, the Title IX Coordinator shall promptly contact the Complainant to:
1. discuss the availability of supportive measures;
2. consider the Complainant’s wishes with respect to supportive measures;
3. inform the Complainant that supportive measures are available with or without the filing of a Formal Complaint; and
4. explain to the Complainant the process for filing a Formal Complaint.
VIII. Mandated Reporting and Confidential Resources
A. Mandated Reporters
The College designates certain Employees as Mandated Reporters. Such Employees must promptly report known information concerning alleged Sexual Misconduct or Retaliation to the Title IX Coordinator.
Mandated Reporters must report information they observe, receive, or otherwise learn in the course of their employment. Failure to fulfill this obligation may result in discipline.
Designated Mandated Reporter Positions
For purposes of these Procedures, and except for those individuals designated by the College as Confidential Resources, the following positions are designated as Mandated Reporters:
1. Assistant Deans and Deans,
2. Associate Vice Presidents, Vice Presidents, and the President,
3. Athletics full-time staff and coaches,
4. Chief Compliance and Fair Practices Officer,
5. Chief Diversity, Equity and Inclusion Officer,
6. Executive Assistant to the President,
7. Executive Assistant to the Vice President for Learner Support Services,
8. Executive Assistant to the Provost/Vice President for Learning,
9. Executive Director, Administrative Services,
10. Executive Director, Strategic Communications,
11. Human Resources full-time staff,
12. Learner Support Services Academic Advisors,
13. Learner Support Services Retention Advisors,
14. Learner Support Services Directors and Assistant Directors,
15. Program Manager, Military & Veterans Resource Center,
16. Public Safety and Police full-time staff, and
17. Student Engagement full-time staff.
The College may update this designated list through institutional notice or administrative revision, provided that any such update remains consistent with applicable law and College practice.
A Mandated Reporter who personally experiences Sexual Misconduct or Retaliation is not required by that status alone to report the reporter’s own experience, though such a person is encouraged to do so if support or institutional response is desired.
A Mandated Reporter who is alleged to have engaged in misconduct remains subject to reporting obligations under applicable institutional expectations unless otherwise directed. Generalized or anonymized information shared in climate assessments, classroom work, research, or public awareness events may not require a report to the Title IX Coordinator unless the circumstances reasonably indicate a request for institutional response or provide information sufficient to trigger the College’s obligations.
B. Confidential Resources
Individuals designated by the College as Confidential Resources may receive disclosures without reporting Sexual Misconduct or Retaliation to the Title IX Coordinator, except as required or permitted by law.
Confidential Resources may share non-identifiable information for statistical tracking purposes as required by the Clery Act and may disclose information where otherwise required or permitted by law.
C. Other Employees
Employees who are neither Mandated Reporters nor Confidential Resources are encouraged to support affected individuals, explain available options, and consult with the Title IX Coordinator as appropriate, while being candid that they may not be able to guarantee confidentiality or privacy.
IX. Applicable Scope and Jurisdiction
The Title IX Coordinator shall assess whether reported allegations fall within the scope of these Procedures. In making this determination, the Title IX Coordinator may consider, among other things:
1. whether the alleged conduct, if proven, would constitute Sexual Misconduct or Retaliation under these Procedures,
2. whether the alleged conduct occurred within an education program or activity,
3. whether the College exercises sufficient control over the Respondent and the context,
4. whether required Title IX jurisdictional elements are met,
5. whether the Complainant was participating in, or attempting to participate in, the College’s education program or activity at the time the Formal Complaint was filed, where required,
6. whether the matter involves a current member of the College community or another person over whom the College may exercise authority,
7. whether the alleged conduct involves on-campus conduct, College-sponsored activities, recognized student organizations, or off-campus conduct with continuing or substantial effects on the College environment, and
8. whether any part of the allegations should proceed under another applicable College process.
Where allegations do not proceed under Title IX, the College may address them under other policy frameworks, through supportive or remedial actions, or through other appropriate institutional responses.
X. Initial Assessment
Upon receipt of a Report or Formal Complaint, the Title IX Coordinator shall conduct an initial assessment, ordinarily within one to five Business Days, absent good cause for a different timeline.
The Initial Assessment may include:
1. outreach to the Complainant,
2. discussion of reporting options and rights,
3. provision or consideration of Supportive Measures,
4. assessment of jurisdiction,
5. assessment of available information,
6. assessment of health or safety concerns,
7. assessment of whether a Formal Complaint has been filed or should be signed by the Title IX Coordinator,
8. assessment of whether Emergency Removal is warranted,
9. assessment of whether the allegations should proceed formally, be referred to another process, or be addressed through supportive and remedial action only.
If the Complainant prefers to pursue a supportive and remedial response rather than the Formal Grievance Process, the Title IX Coordinator shall work with the Complainant to identify the Complainant’s wishes and facilitate implementation of appropriate Supportive Measures and remedial action.
In such circumstances, the Title IX Coordinator may request that the Complainant complete a written acknowledgment stating that the Complainant does not wish for the College to take further formal action at that time and has been informed of the right to elect to initiate or resume the Formal Grievance Process at a later time, if desired.
If the Complaint prefers to pursue Informal Resolution, the Title IX Coordinator assesses whether the complaint is suitable for Informal Resolution, which informal mechanism may serve the situation best or is available, and may seek to determine if the Respondent is also willing to engage in Informal Resolution.
Where the Complainant elects not to proceed formally and the Title IX Coordinator does not sign a Formal Complaint, the Title IX Coordinator may administratively close the Formal Complaint or Report for formal-resolution purposes. The matter may be reopened at a later time if requested by the Complainant or if otherwise warranted by law, safety concerns, pattern concerns, or institutional obligations.
The Initial Assessment is not a finding of responsibility and does not involve a determination on the merits.
Threshold Screening and Dismissal Authority
Nothing in these Procedures prevents the Title IX Coordinator from making threshold procedural determinations assigned to the Coordinator, including jurisdictional determinations, sufficiency review, dismissal where the alleged conduct, even if proven, would not constitute a violation within the scope of these Procedures, referral to another policy, consolidation or separation of allegations, and post-investigation narrowing or clarification.
Such determinations are procedural and administrative in nature and do not constitute a final responsibility determination on the merits.
XI. Resolution Timeframes
The College is committed to resolving matters under these Procedures in a prompt and equitable manner. To that end, the following timeframes apply to the major stages of the grievance process.
A. Overall Resolution Goal
The College will make a good faith effort to complete the full resolution process, including any appeal, within sixty to ninety (60–90) Business Days from the date a Formal Complaint is initiated. The Title IX Coordinator retains discretion to extend this timeframe for good cause, including but not limited to: the complexity of the allegations, the number of parties or witnesses involved, concurrent law enforcement activity, the unavailability of a party or witness, or any other circumstance that the Title IX Coordinator determines justifies additional time.
B. Investigation
The investigation will ordinarily be completed within thirty (30) Business Days of the appointment of the Investigator. The Title IX Coordinator may extend this period for good cause as described above.
C. Hearing and Determination
Following referral to hearing, the College will schedule the hearing and issue a written determination as promptly as practicable, ordinarily within twenty (20) Business Days of the close of the investigative record, absent good cause for additional time.
D. Appeal
If an appeal is filed, the appeal process will ordinarily be completed within twenty (20) Business Days of the Title IX Coordinator’s receipt of all submissions, absent good cause for additional time as determined by the Title IX Coordinator or Appeal Officer.
E. Notice of Delay
Whenever any timeframe under these Procedures will be extended, the Title IX Coordinator will provide written notice to the parties of the delay, the reason for the delay, and an estimated revised timeline for completion. The Title IX Coordinator has discretion to determine the appropriate scope and content of such notice consistent with the privacy interests of the parties.
F. Law Enforcement Coordination
Where law enforcement requests that the College temporarily delay its investigation in connection with a concurrent criminal investigation, the Title IX Coordinator may, in the Title IX Coordinator’s discretion, briefly pause the investigation for a period not to exceed a reasonable duration, ordinarily no more than a few weeks. The Title IX Coordinator will provide written notice to the parties of any such delay, the reason for it, and an estimated resumption date. The College will promptly resume its investigation and resolution process once the law enforcement delay is lifted or the Title IX Coordinator determines that further delay is no longer warranted. Supportive Measures will remain available to the parties during any such delay.
XII. Supportive Measures
The College shall offer and implement appropriate Supportive Measures to the parties as reasonably available.
Supportive Measures may include, but are not limited to:
1. counseling referrals,
2. medical or health referrals,
3. Employee Assistance Program referrals,
4. community-based service referrals,
5. academic support or extensions,
6. schedule adjustments,
7. workplace modifications,
8. housing or transportation accommodations where applicable,
9. campus safety escorts,
10. mutual no-contact directives,
11. increased monitoring of certain locations,
12. leave or withdrawal options,
13. alternative coursework options,
14. temporary changes in supervisory, instructional, or reporting relationships,
15. any other individualized measure designed to restore or preserve access and safety.
Supportive Measures are not disciplinary and shall be implemented in a manner that does not unreasonably burden the other party.
The College shall maintain the Privacy of Supportive Measures to the extent possible, consistent with implementation and legal obligations.
XIII. Emergency Removal
The Title IX Coordinator may impose an Emergency Removal following an individualized safety and risk analysis concluding that an immediate threat to the physical health or safety of any student or other person justifies removal.
The analysis may be informed by consultation with the Behavioral Intervention Team, Public Safety, Human Resources, legal counsel, or other appropriate personnel.
Emergency Removal may include, but is not limited to:
1. temporary removal from campus,
2. temporary suspension from classes, activities, employment duties, or programs,
3. restrictions on facility access,
4. reassignment,
4. administrative leave,
5. restrictions related to athletics,
6. student organizations, or student employment.
The Respondent shall receive written notice of the Emergency Removal, including a written summary of the basis for the removal, prior to or immediately upon imposition of the removal. The Respondent shall have five (5) Business Days from the date the notice is sent to request a show-cause meeting with the Title IX Coordinator. If the Respondent does not request a show-cause meeting within five (5) Business Days, the right to challenge the Emergency Removal shall be deemed waived. The challenge is not a hearing on the merits of the underlying allegations.
Show-Cause Meeting Procedures
At the show-cause meeting, the Respondent may present information as to why the Emergency Removal should be lifted or modified. Show-cause meetings may be conducted in person or via electronic means, including telephone or video conferencing. No unauthorized audio or video recording of any kind is permitted during a show-cause meeting. If the Title IX Coordinator elects to audio or video record the show-cause meeting, all persons present must be made aware of and consent to the recording prior to its commencement. The Respondent may be accompanied by an Advisor of their choice at the show-cause meeting.
Finality of Emergency Removal Decision
Emergency Removal decisions, including the Title IX Coordinator’s determination following a show-cause meeting, are not subject to appeal under Section XXXVII of these Procedures. The show-cause process described in this section is the exclusive mechanism for challenging an Emergency Removal. This provision does not affect the Respondent’s right to challenge the underlying allegations through the Formal Grievance Process.
The Title IX Coordinator has discretion to maintain, modify, or lift the Emergency Removal.
XIV. Prohibited Conduct
A. General
The College prohibits Sexual Misconduct and Retaliation. Acts of Sexual Misconduct may be committed by any person against any person regardless of sex, gender, sexual orientation, or gender identity.
The College also recognizes that protected speech, academic freedom, and lawful expression must be respected. Conduct protected by law, including the First Amendment where applicable, shall not be treated as a violation solely because it is unwelcome or offensive. Nonetheless, lawful Supportive Measures may still be considered for affected individuals.
B. Gender-Based Discrimination
Gender-Based Discrimination means unwelcome conduct on the basis of actual or perceived sex, gender, sexual orientation, gender identity, or related status. It need not be sexual in nature. Where such conduct rises to the applicable threshold for a hostile environment or otherwise falls within these Procedures, it may constitute a violation.
C. Quid Pro Quo Sexual Harassment
Quid Pro Quo Sexual Harassment means an Employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct.
D. Hostile Environment Sexual Harassment
Hostile Environment Sexual Harassment means unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity, or as otherwise defined by applicable law governing the matter.
E. Sexual Assault
Sexual Assault means conduct that constitutes a sexual offense as defined under applicable federal law, including 34 C.F.R. § 106.30 (2020 Title IX regulations), and is classified as a forcible or nonforcible sex offense under the FBI’s Uniform Crime Reporting (UCR) system. Sexual Assault includes the following:
1. Rape means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Consent of the Complainant. This definition includes conduct historically or otherwise described as forcible sodomy or sexual assault with an object.
2. Fondling means the touching of the private body parts of another person for the purpose of sexual gratification, without the Consent of the Complainant, including instances where the Complainant is incapable of giving Consent because of age or because of temporary or permanent mental or physical incapacity.
3. Incest means non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Maryland law.
4. Statutory Rape means non-forcible sexual intercourse with a person who is under the statutory age of Consent of sixteen (16) years of age, or fourteen (14) years of age if the Respondent is at least four (4) years older than the Complainant.
Nothing in this subsection limits the College’s ability to apply applicable federal or state law definitions, including Clery Act and VAWA reporting definitions, where required.
F. Dating Violence
Dating Violence means violence committed because of sex by a person who is, or has been, in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the length, type, and frequency of interaction in the relationship.
G. Domestic Violence
Domestic Violence means violence committed because of sex by a current or former spouse or intimate partner of the Complainant, a person with whom the Complainant shares a child, a person cohabitating with or who has cohabitated with the Complainant as a spouse or intimate partner, a person similarly situated to a spouse under Maryland domestic or family violence law, or another person protected under applicable law.
H. Stalking
Stalking means engaging in a course of conduct directed at a specific person because of sex that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress.
I. Sexual Exploitation
Sexual Exploitation means taking non-consensual or abusive sexual advantage of another for one’s own benefit or for the benefit of another, and includes conduct such as voyeurism, invasion of sexual privacy, recording sexual activity without consent, distributing intimate images without consent, sexual extortion, exposure to STI or HIV without disclosure where applicable, use of incapacitation to facilitate sexual access, sex trafficking, soliciting a minor for sexual activity, or creation, possession, or dissemination of child sexual abuse material, subject to applicable law and required reporting. Sexual exploitation is covered under this policy if it constitutes Sexual Harassment.
XV. Additional Definitions Related to Prohibited Conduct
A. Force
Force means the use of physical violence, physical imposition, threats, intimidation, or coercion to gain sexual access.
B. Coercion
Coercion means unreasonable pressure for sexual activity. It differs from persuasion or seduction and is assessed based on the nature, frequency, and intensity of the pressure and whether it overcomes a person’s ability to choose freely.
C. Incapacitation
Incapacitation means a person is unable to understand the nature of the sexual activity or unable to give knowing Consent because they are asleep, unconscious, disoriented, helpless, substantially impaired by alcohol or drugs, or otherwise affected by a temporary or permanent physical or mental condition. Incapacitation is not synonymous with intoxication, impairment, blackout, and/or being drunk. Incapacitation may also result from a temporary or permanent physical or mental health condition.
A Respondent violates this Policy if they engage in sexual activity with someone who is incapable of giving consent.
It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.
D. Unwelcomeness
Unwelcomeness is assessed from the Complainant’s perspective, subject to the objective standards and applicable legal framework relevant to the alleged conduct.
XVI. Retaliation
No person may engage in Retaliation.
Protected activity includes making a Report or Formal Complaint, serving as a witness, participating in an investigation or hearing, supporting a party, assisting in the gathering or presentation of information, or declining to participate in the process.
Retaliation allegations may be joined with the underlying matter or addressed through a different process, as determined by the Title IX Coordinator.
False Statements and Consensual Conduct
Nothing in these Procedures authorizes the College to discipline a party, witness, or other participant in the grievance process for making a false statement, based solely on the College’s determination regarding whether a violation of these Procedures occurred. A determination of responsibility or non-responsibility, standing alone, is not sufficient to establish that any person made a materially false statement in bad faith.
Notwithstanding the foregoing, where the Title IX Coordinator determines, based on the totality of the circumstances and independent of any determination on the merits, that a person knowingly provided false information during the process in bad faith, the College retains discretion to address such conduct through applicable College policies and procedures. The Title IX Coordinator has discretion to determine whether and how to pursue such action, consistent with applicable law and institutional policy.
Additionally, charges against a party for code of conduct violations that do not involve Sexual Misconduct or Retaliation but arise from the same facts or circumstances as a Report or Formal Complaint, and that are filed for the purpose of interfering with any right or privilege under these Procedures, constitute Retaliation and will be addressed accordingly.
XVII. Amnesty for Reporting Parties and Participants
The College encourages the reporting of Sexual Misconduct and Retaliation and recognizes that individuals may be reluctant to come forward due to concerns about potential discipline for their own conduct at or near the time of the incident.
To promote reporting and participation in the grievance process, the College generally will not pursue disciplinary action against a Complainant, witness, or other individual participating in a Report or Formal Complaint for minor violations of College policy that are related to the incident, including but not limited to underage consumption of alcohol or use of drugs, provided that such conduct did not place the health or safety of another person at risk.
This amnesty provision:
1. applies to conduct that is collateral to the reported incident and does not involve behavior that is violent, threatening, coercive, discriminatory, or otherwise poses a significant risk to the safety of any person;
2. does not apply to a Respondent with respect to the alleged Sexual Misconduct or Retaliation;
3. does not preclude the College from providing educational, supportive, or remedial interventions in lieu of discipline; and
4. does not limit the College’s obligation to address conduct that presents an ongoing or serious threat to the campus community.
XVIII. Time Limits on Reporting
There is no fixed time limit for making a Report or filing a Formal Complaint. However, the passage of time may affect the College’s ability to investigate, gather evidence, or impose disciplinary sanctions.
Where a Respondent is no longer subject to College authority, the College may still offer Supportive Measures, preserve information, consider pattern or climate issues, and take other lawful and appropriate actions.
XIX. Electronic, Online, and Off-Campus Conduct
These Procedures apply to online, digital, and electronic conduct where the alleged conduct occurs in, uses, affects, or has sufficient nexus to the College’s education program or activity such that it creates or contributes to a hostile environment within the College’s education program or activity.
Conduct occurring through electronic means may include, but is not limited to, email, social media, messaging platforms, or other digital communications. Examples may include, but are not limited to:
Off-campus conduct may also be addressed where it has continuing effects within the College environment, implicates College access, safety, or operations, or otherwise falls within institutional or legal authority.
Purely off-campus speech or conduct that is protected by law may not be subject to discipline through these Procedures, though the College may still implement lawful Supportive Measures.
Nothing in this section is intended to infringe upon rights protected by the First Amendment or principles of academic freedom. The College will interpret and apply this Procedure consistent with those protections.
XX. Right to an Advisor
A. General Right
Each party may be accompanied by an Advisor of their choice at any meeting, interview, conference, review session, or hearing under these Procedures.
B. Who May Serve
An Advisor may be a friend, family member, colleague, union representative, attorney, or any other person selected by the party, subject to these Procedures.
Any party who was enrolled as a Student at the time of the incident alleged in the Formal Complaint may be eligible to access counsel paid for through the Maryland Higher Education Commission as that party’s Advisor, subject to the requirements of that program. In addition, a party may have a personal supporter present at a meeting, interview, or hearing during the Formal Grievance Process, provided that no party may have more than two persons present in addition to the party, one of whom may serve as the party’s Advisor.
C. College-Appointed Advisor
If a party does not have an Advisor at a hearing where Advisor-conducted questioning is required, the College shall appoint one for that limited purpose.
D. Shared Representation and Multiple Respondents
Where appropriate, and as determined by the Title IX Coordinator, one Advisor may be permitted to represent more than one Respondent, or more than one party aligned in position, provided that:
1. no actual or reasonably apparent conflict of interest exists,
2. shared representation does not compromise fairness, process integrity, or confidentiality,
3. each affected party knowingly agrees to the arrangement where such agreement is appropriate,
4. the Advisor is able to fulfill responsibilities competently and without disruption.
The Title IX Coordinator may deny, limit, or later revoke shared representation where fairness, order, or conflict concerns warrant.
E. Limits on Advisor Role
Except during permitted questioning at a hearing, Advisors may not disrupt proceedings, speak in lieu of a party, answer factual questions for a party, or otherwise impede the orderly administration of the process.
Advisors may consult privately with their parties, request breaks where appropriate, and otherwise provide support consistent with these Procedures.
F. Advisor Conduct
Any Advisor who fails to comply with these Procedures or reasonable decorum expectations may be warned, limited, replaced, excluded from a particular meeting or hearing segment, or otherwise managed by the Title IX Coordinator or Decision-Maker, depending on the stage of the process.
G. Communication Through Advisors
A party may request that communications be directed through the Advisor. The College may honor such request to the extent appropriate, but ordinarily will also copy the party directly unless law, safety, or unusual circumstances counsel otherwise.
H. Release of Information to Advisors
The College may require a written consent or release before sharing records directly with an Advisor.
I. Additional Advisor Expectations and Logistics
The College cannot guarantee equal Advisory rights in all respects and is not obligated to provide an attorney simply because one party selects an attorney as an Advisor. Advisors are expected to maintain the Privacy of records shared with them. The College may make reasonable arrangements to permit an Advisor who cannot attend in person to participate by telephone, video conference, or similar technology, where feasible and appropriate. Parties are expected to identify their Advisors to the Title IX Coordinator at least two (2) Business Days before the first scheduled meeting with the Investigator, unless a more expedited meeting is necessary or permitted.
J. Advisor Resource Lists
The College recognizes that parties may benefit from access to organizations that provide Advisor support, legal referrals, or advocacy services. The following organizations may be available as resources for parties seeking an Advisor or support during the grievance process. The College does not endorse any specific organization and does not guarantee the availability, qualifications, or responsiveness of any listed resource. Parties are encouraged to conduct their own research and to seek additional resources as appropriate.
Resources for Complainants:
Resources for Respondents:
These lists are not exhaustive. The Title IX Coordinator may update resource information periodically. Parties should contact the Title IX Coordinator’s office for the most current information.
XXI. Privacy and Confidentiality
The College shall make reasonable efforts to preserve privacy throughout these Procedures. Information will be shared only with individuals who have a legitimate educational or business need to know for purposes of intake, Supportive Measures, investigation, hearing, appeal, recordkeeping, legal compliance, or implementation of remedies and sanctions. Nothing in these Procedures shall be interpreted to alter legally recognized privileges or override applicable privacy law.
The College will maintain the privacy of Complainants, Respondents, and witnesses to the extent permitted by law. The College will not disclose the identity of any individual who has made a Report or Formal Complaint, any Complainant, any individual reported to be the perpetrator, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), as required by law, or as necessary to carry out the purposes of this Policy and applicable Title IX regulations, including the conduct of any investigation, hearing, or judicial proceeding.
Where the College determines that there is a significant and articulable threat to the health or safety of any individual or the campus community, information may be disclosed consistent with applicable law. In cases involving individuals under the age of eighteen (18), the College may notify a parent or guardian when permitted or required by law, particularly where there is a concern regarding health or safety. The College may also disclose information where required or permitted by law, including to carry out obligations under Title IX, the Clery Act, FERPA, court order, subpoena, or applicable health and safety exceptions.
XXII. Informal Resolution
At any time prior to reaching a determination regarding responsibility, the College may facilitate an informal resolution process, such as mediation or another resolution mechanism, that does not involve a full investigation and adjudication, provided that a Formal Complaint has been filed and the College determines that the matter is appropriate for informal resolution.
The College may not require, as a condition of enrollment, continuing enrollment, employment, continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of a Formal Complaint under these Procedures. The College may not require the parties to participate in informal resolution.
Before facilitating an informal resolution process, the College must provide the parties with written notice disclosing:
1. the allegations;
2. the requirements of the informal resolution process, including the circumstances under which the process precludes the parties from resuming a Formal Complaint arising from the same allegations;
3. that, at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the Formal Complaint; and
4. any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
The College may facilitate informal resolution only after obtaining the parties’ voluntary, written consent to the informal resolution process.
The College shall not offer or facilitate an informal resolution process to resolve allegations that an Employee sexually harassed a Student.
Nothing in this section limits the Title IX Coordinator’s authority to provide Supportive Measures, whether or not a Formal Complaint has been filed.
XXIII. Dismissal Under Title IX
A. Mandatory Dismissal
The Title IX Coordinator shall dismiss a Formal Complaint, or any allegation therein, from the Title IX formal process if, at any time during the investigation or hearing, it is determined that:
1. the conduct alleged in the Formal Complaint, even if proven, would not constitute Sexual Harassment as defined within the scope of Title IX and these Procedures;
2. the conduct alleged did not occur in the College’s education program or activity;
3. the conduct alleged did not occur against a person in the United States; or
4. at the time of filing the Formal Complaint, the Complainant was not participating in or attempting to participate in the College’s education program or activity, where such participation is required for Title IX jurisdiction.
These determinations are made by the Title IX Coordinator as part of the Coordinator’s threshold screening and procedural authority and do not constitute a determination of responsibility on the merits. In making dismissal or scope determinations, the Title IX Coordinator does not make findings of fact or credibility, but instead assesses whether the alleged conduct, if proven, would constitute a violation within the scope of these Procedures.
B. Permissive Dismissal
The Title IX Coordinator may dismiss a Formal Complaint, or any allegation therein, from the Title IX formal process if, at any time during the investigation or hearing:
1. the Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegation therein;
2. the Respondent is no longer enrolled in or employed by the College; or
3. specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
A Complainant who voluntarily withdraws a Formal Complaint, or any allegation therein, may later refile the Formal Complaint or reassert the withdrawn allegation. If refiled, the matter shall resume at the Initial Assessment stage, unless the Title IX Coordinator determines that a different procedural posture is required by fairness, law, or the status of the record.
These determinations are made by the Title IX Coordinator as part of the Coordinator’s threshold screening and procedural authority and do not constitute a determination of responsibility on the merits. In making dismissal or scope determinations, the Title IX Coordinator does not make findings of fact or credibility, but instead assesses whether the alleged conduct, if proven, would constitute a violation within the scope of these Procedures.
C. Partial Dismissal and Referral
If some allegations, even if proven, would fall within Title IX and others would not, the Title IX Coordinator may:
1. dismiss certain allegations from the Title IX formal process;
2. permit sufficiently related allegations to proceed together where allowed by law and fairness; and/or
3. refer dismissed or non-Title IX allegations for resolution under another applicable College policy or procedure.
D. Effect of Dismissal
Dismissal from the Title IX formal process is procedural in nature and does not preclude the College from addressing the same underlying conduct under another College policy, procedure, or administrative process.
E. Notice of Dismissal
Upon a dismissal required or permitted under this section, the Title IX Coordinator shall promptly provide simultaneous written notice to the parties of the dismissal and the reason or reasons for the dismissal.
F. Appeal of Dismissal
A dismissal decision may be appealed under the appeal provisions of these Procedures.
XXIV. Assignment of Investigator, Decision-Maker, and Appeal Officer
The Title IX Coordinator shall assign appropriately trained individuals to the roles of Investigator, Decision-Maker, and Appeal Officer as needed. These roles must remain distinct within the same matter absent a limited procedural necessity that does not compromise fairness and is permitted by law.
The Investigator shall not serve as the Decision-Maker in the same matter.
The Decision-Maker and Appeal Officer must not have had prior substantive involvement in the case that would compromise impartiality.
XXV. Notice of Investigation and Allegations
If the matter proceeds into the formal process, the Title IX Coordinator shall issue a written Notice of Investigation and Allegations to the parties.
The NOIA shall include, to the extent known and appropriate:
1. the identities of the parties,
2. a meaningful summary of the allegations,
3. the date, location, and factual context of the alleged conduct, if known,
4. the provisions allegedly implicated,
5. a statement that the Respondent is presumed not responsible unless and until a determination is made,
6. a statement that a determination will be made only at the conclusion of the process,
7. a statement regarding the parties’ right to an Advisor,
8. information about Privacy and Retaliation,
9. notice regarding preservation of evidence,
10. information about requesting disability accommodations or language assistance,
11. the name of the Investigator, if then assigned, or notice that assignment will follow,
12. notice that the allegations may be clarified, amended, narrowed, or supplemented as the process proceeds.
The NOIA should also include, to the extent known and appropriate, a description of the applicable procedures, a statement of the potential Sanctions that could result, a statement that all parties will be given an opportunity to inspect and review evidence as provided by these Procedures, a statement that knowingly making false statements or knowingly submitting false information during the resolution process is prohibited, and the name of the Investigator, if assigned, together with a process by which the parties may identify in advance to the Title IX Coordinator any concern that the Investigator may have a conflict of interest or bias.
Notice under this section shall be made in writing and may be delivered in person, by mail to the mailing or permanent address reflected in official College records, or by email to a party’s College-issued email account. In rare circumstances where the College has suspended access to a Respondent’s College-issued email account, the College may send notice to a non-College email address and may also mail a copy to the Respondent’s mailing or permanent address. Once mailed, emailed, and/or received in person, notice shall be presumptively delivered.
The Title IX Coordinator may amend the NOIA as necessary.
Respondent Accepts Responsibility for Alleged Violations
The Respondent may accept responsibility for all or part of the alleged policy violations at any point during this process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used.
If Informal Resolution is applicable, the Title IX Coordinator will determine whether all parties and the Recipient are able to agree on responsibility, restrictions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of Recipient policy and implements agreed-upon restrictions and remedies and determines the appropriate sanction(s) in coordination with other appropriate administrator(s), as necessary.
This result is not subject to appeal once all parties indicate their written assent to all agreed upon resolution terms. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.
When a resolution is accomplished, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the sexual harassment or retaliation, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.
XXVI. Investigation
A. General Principles
Investigations shall be prompt, thorough, reliable, impartial, and fair.
B. Scope of Investigation
The Title IX Coordinator shall determine the scope of the investigation. The investigation may be directed to an incident, series of incidents, alleged pattern, retaliatory conduct, institutional context, climate-related issues, or another appropriately defined scope.
C. Investigative Steps
The Investigator may, as appropriate:
1. review the Report and Formal Complaint,
2. review the NOIA and any amendments,
3. prepare an investigation plan,
4. interview the parties,
5. interview witnesses,
6. collect documents, recordings, electronic evidence, photographs, communications, and other relevant materials,
7. conduct site visits where appropriate,
8. seek clarifying statements,
9. provide opportunities for parties to identify witnesses and submit evidence,
10. provide opportunities for parties to suggest lines of questioning,
11. follow up as necessary.
D. Party Participation
Parties shall have a full and fair opportunity to provide information, identify witnesses, submit documents and other evidence, and respond to information gathered.
Parties may also submit questions they believe should be asked of other parties or witnesses. The investigator retains discretion to determine which questions are relevant and appropriate and may rephrase questions for clarity or compliance with this Procedure.
Where questions are not asked, the investigator will document the rationale for excluding or modifying the question.
E. Witness Participation
Employee witnesses are expected to cooperate as required by institutional duty. The College may address refusals to cooperate by Employees through appropriate administrative means.
F. Recording of Interviews
Unauthorized recording of interviews or meetings is prohibited. The College may record interviews only upon notice and consistent with law and institutional practice.
G. Relevance and Investigative Discretion
The Investigator may exclude immaterial, cumulative, privileged, or clearly irrelevant information from the investigation report, but shall maintain sufficient documentation of the investigative record to permit fair review.
H. No Findings by Investigator
The Investigator shall not make the final responsibility determination and shall not impose sanctions. The investigation report should neutrally summarize relevant evidence and identify factual disputes without advocating a result.
XXVII. Review of Evidence
The College shall provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source.
Non-Disclosure Agreement
Prior to the submission of the draft or final investigation report and related evidence to the parties and their Advisors, the Title IX Coordinator may request that each party and any Advisor receiving such materials agree in writing to maintain the privacy of the investigation report and evidence and to use such materials solely for purposes of the Title IX grievance process; however, no such request or agreement shall restrict a party’s ability to discuss the allegations, the underlying facts, or their own experiences.
No draft or final investigation report, and no investigation evidence transmitted by the College under this section, shall be provided directly to a party’s Advisor unless the party has authorized such disclosure and the Advisor has executed any written confidentiality acknowledgment or agreement the College may require for direct disclosure to the Advisor.
Prior to completion of the investigative report, the College shall send to each party and the party’s Advisor, if any, the evidence subject to inspection and review in electronic format or hard copy, and the parties shall have at least ten (10) business days to submit a written response, which the Investigator shall consider before completion of the investigative report.
The College shall make all evidence subject to the parties’ inspection and review available at any hearing to give each party equal opportunity to refer to that evidence during the hearing, including for purposes of cross-examination.
The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the College and not on the parties; provided, however, that the College cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in that capacity, and that are made and maintained in connection with the provision of treatment to the party, unless the College obtains that party’s voluntary, written consent to do so for a grievance process under these Procedures. If the party is not an eligible student, the College shall obtain the voluntary, written consent of the party’s parent as required by applicable law.
XXVIII. Final Investigation Report
After considering the parties’ written responses, any additional evidence, and any additional investigative steps deemed appropriate, the Investigator shall prepare a final investigative report that fairly summarizes the relevant evidence.
The Title IX Coordinator shall send the final investigative report to each party and the party’s Advisor, if any, in electronic format or hard copy, at least ten (10) business days prior to any hearing, for the parties’ review and written response.
The final investigative report shall identify the allegations under review, fairly summarize the relevant evidence, and reflect any additional investigative development necessary to complete the record fairly and impartially.
Nothing in this section prevents the Title IX Coordinator from conducting the post-investigation, pre-hearing procedural review authorized elsewhere in these Procedures.
XXIX. Post-Investigation, Pre-Hearing Review by the Title IX Coordinator
This section is an intentional control point and part of the College’s formal process.
After the final investigation report is issued, and before the matter is referred to hearing, the Title IX Coordinator may conduct a post-investigation procedural review to ensure that the matter is appropriately defined for hearing.
As part of that review, the Title IX Coordinator may:
1. clarify the allegations proceeding to hearing,
2. dismiss or refer allegations that are legally insufficient, duplicative, unsupported as a matter of jurisdiction, or otherwise not appropriate for adjudication under these Procedures,
3. identify which issues present material disputed facts,
4. identify matters that are undisputed or not genuinely material to the determination,
5. narrow the hearing to relevant, material, and genuinely disputed issues,
6. issue written procedural directives regarding hearing scope, sequencing, witness limits, presentation logistics, and issue framing,
7. determine whether related allegations or parties should remain consolidated or be separated for hearing,
8. determine whether additional clarification from the Investigator is required before hearing referral,
9. address advisor issues, including multiple-party or multiple-respondent representation concerns.
This authority is procedural, not adjudicative. It does not allow the Title IX Coordinator to make the final responsibility determination, but it does authorize the Title IX Coordinator to manage and define the issues appropriately proceeding to hearing.
The Title IX Coordinator may issue an Order for Clarification, Narrowing, and Hearing Referral, or a similar written directive, which shall become part of the case record.
XXX. Referral to Hearing
If the matter proceeds after post-investigation review, the Title IX Coordinator shall refer the matter to a Decision-Maker for hearing.
The hearing shall not be set until the parties have had adequate notice of the final allegations proceeding to hearing and sufficient time to prepare.
XXXI. Notice of Hearing
No less than ten (10) business days before the hearing, the Title IX Coordinator shall issue a written Notice of Hearing to the parties, the Decision-Maker, and relevant participants.
The Notice of Hearing shall include, as appropriate:
1. the allegations proceeding to hearing, a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions that could result,
2. the date, time, and location of the hearing,
3. whether the hearing will be in person, virtual, or hybrid,
4. the identity of the Decision-Maker,
5. notice of the right to object to the Decision-Maker based on bias or conflict,
6. notice that the Parties may have an Advisor at the hearing and will be required to have one present if they wish to question any witness, and a statement that if they do not have an Advisor for the hearing the College will appoint one for them,
7. the deadline for identifying Advisors,
8. A list of all those who will attend the hearing,
9. instructions regarding witness and exhibit submissions,
10. notice of pre-hearing conference requirements, if any,
11. instructions regarding disability accommodations and language assistance,
12. notice that the hearing will be recorded,
13. notice of the consequences of non-participation as provided by these Procedures and applicable law.
XXXII. Pre-Hearing Conference
The Decision-Maker may conduct a pre-hearing conference, ordinarily with the parties and their Advisors, to address procedural issues and promote an orderly hearing.
Matters addressed may include:
1. witness lists,
2. exhibit lists,
3. objections to witnesses or evidence,
4. proposed lines of questioning,
5. logistics and scheduling,
6. requests for separate rooms or remote participation,
7. decorum expectations,
8. clarification of the hearing scope based on the Title IX Coordinator’s referral directive.
The Decision-Maker shall issue written rulings on any timely submitted pre-hearing objections no later than two (2) Business Days before the scheduled hearing. Rulings issued pursuant to this section are subject to reconsideration by the Decision-Maker if warranted by new information arising at the hearing.
XXXIII. Hearing Procedures
A. General
For postsecondary matters proceeding under these Procedures, the College shall provide for a live hearing.
The hearing shall be conducted in a fair and orderly manner. The Decision-Maker shall control the hearing, resolve procedural and relevance questions, and ensure compliance with these Procedures and applicable law.
B. Recording
The hearing shall be audio recorded, audiovisual recorded, or transcribed by the College. Unauthorized recording by any other person is prohibited. The recording will be maintained as part of the official record.
Access to the recording will be provided in a controlled manner to the Parties and their Advisors for purposes of review. The College may require that any review occur in a supervised setting or through secure electronic access.
No Party or Advisor is permitted to copy, distribute, or otherwise reproduce the recording without prior authorization from the Title IX Coordinator.
C. Participants
Participants may include the Decision-Maker, the parties, their Advisors, the Investigator, approved witnesses, the Title IX Coordinator or designee in an administrative role, legal counsel where appropriate, interpreters, disability accommodation personnel, and others approved by the College as necessary to the fair administration of the hearing.
Witnesses shall be sequestered from the hearing room and shall not be permitted to observe the testimony of other witnesses or the questioning of the parties, except when they are themselves present to testify. The Decision-Maker may make exceptions to this sequestration requirement where good cause exists, such as where a witness is also serving in an administrative capacity at the hearing, provided that any exception is applied consistently and does not compromise the fairness or integrity of the proceeding. The parties and their Advisors are not subject to sequestration.
D. Joint Hearings
In hearings involving more than one Respondent and/or involving more than one Complainant who has accused the same individual of substantially similar conduct, the default procedure will be to hear the allegations jointly.
However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent or complaint to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent and/or for each complaint with respect to each alleged policy violation.
E. Separate Rooms or Remote Participation
At the request of either party, the College shall provide for the live hearing to occur with the parties located in separate rooms, with technology enabling the Decision-Maker and the parties to simultaneously see and hear the party or witness answering questions. The College may also permit remote participation by others where appropriate and consistent with fairness.
F. Order of Hearing
Unless otherwise modified by the Decision-Maker for good cause, the hearing may proceed in the following order:
1. opening of the record;
2. identification of participants;
3. statement of hearing procedures;
4. opening statements, if permitted by the Decision-Maker;
5. presentation or summary by the Investigator, if included by the Decision-Maker;
6. questioning of the Investigator;
7. presentation of witnesses and questioning;
8. questioning of parties, if they participate;
9. closing statements, if permitted by the Decision-Maker; and
10. closure of the record.
G. Relevance
Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Decision-Maker must first determine whether the question is relevant and must explain any decision to exclude a question as not relevant.
Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless:
1. such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant; or
2. such questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent.
The Decision-Maker shall not consider information protected by a legally recognized privilege unless the person holding that privilege has waived it.
The Decision-Maker shall not access, consider, disclose, or otherwise use a party’s treatment records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in that capacity and made and maintained in connection with treatment, unless the College has obtained that party’s voluntary, written consent to do so for purposes of the grievance process.
H. Advisor-Conducted Questioning
At the live hearing, the Decision-Maker must permit each party’s Advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including questions challenging credibility.
Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s Advisor of choice and never by a party personally.
Except as otherwise provided in these Procedures, the College may establish reasonable decorum and participation rules, provided such rules apply equally to both parties and do not conflict with the requirements of this section.
I. College-Provided Advisor
If a party does not have an Advisor present at the live hearing, the College shall provide, without fee or charge to that party, an Advisor of the College’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.
J. Effect of Non-Participation in Cross-Examination
Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. The Decision-maker can only rely on whatever relevant evidence is available through the investigation and hearing in making the ultimate determination of responsibility. The Decision-maker may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to submit to cross-examination or answer other questions.
K. Witness Limits
The Decision-Maker may limit witnesses whose testimony would be cumulative, repetitive, immaterial, or otherwise not useful to a fair resolution of the matter, provided that such limitations do not impair either party’s equal opportunity to present relevant evidence and question relevant witnesses.
L. New Witnesses and Evidence First Offered at Hearing
Any witness scheduled to testify at the hearing must have been previously interviewed by the Investigator during the investigation, unless all parties and the Decision-Maker affirmatively assent to that witness’s participation at the hearing. Similarly, any evidence first offered at the hearing that was not collected or considered during the investigation may only be admitted if all parties and the Decision-Maker affirmatively assent to its admission.
If the parties and Decision-Maker do not assent to the admission of a new witness or newly offered evidence, the Decision-Maker shall delay the hearing and instruct that the investigation be reopened to consider that witness or evidence through the proper investigative process. Once the additional investigation is complete, the matter shall proceed to hearing in accordance with these Procedures.
This provision does not restrict the Decision-Maker’s authority to manage the hearing, rule on relevance, or exclude evidence on other grounds. The Decision-Maker retains discretion to determine how to proceed if questions about the propriety of new witness or evidence admission arise during the hearing.
XXXIV. Determination, Standard of Proof, and Deliberation
The Decision-Maker shall determine whether the Respondent is responsible or not responsible for each allegation proceeding to hearing under the preponderance of the evidence standard.
The Decision-Maker shall evaluate the evidence, make findings of fact, assess credibility where necessary, apply the relevant policy provisions, and prepare a written determination.
The written determination shall include all findings and final determinations, the rationale(s) explaining the decision(s), the evidence used in support of the determination(s), the evidence not relied upon in the determination(s), any credibility assessments, and any sanction(s) and rationales explaining the sanction(s). The Decision-Maker and will deliver the statement to the Title IX Coordinator. The written determination must be submitted to the Title IX Coordinator within ten (10) Business Days of the end of deliberations unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.
XXXV. Sanctions
If a Respondent is found responsible, the Decision-Maker may impose one or more Sanctions.
A. Student Sanctions
Student Sanctions may include:
1. written reprimand,
2. required counseling,
3. required training or education,
4. probation,
5. restrictions from activities or areas,
6. no-contact directives,
7. suspension,
8. expulsion,
9. withholding diploma,
10. revocation of degree where permitted and appropriate,
11. organizational sanctions,
12. other appropriate actions.
B. Employee Sanctions
Employee Sanctions may include:
1. verbal or written reprimand,
2. required counseling,
3. required training or education,
4. probation,
5. loss of oversight or supervisory responsibilities,
6. reassignment,
7. demotion,
8. suspension with pay,
9. suspension without pay,
10. termination,
11. other appropriate responsive or disciplinary action.
C. Sanctioning Factors
In determining Sanctions, the Decision-Maker may consider:
1. the nature and severity of the conduct,
2. the circumstances surrounding the conduct,
3. the impact on the Complainant and community,
4. prior relevant disciplinary history,
5. pattern or recurrence concerns,
6. need to prevent recurrence,
7. need to restore or preserve access,
8. any other relevant aggravating or mitigating considerations.
D. Sanction Implementation Timing
Sanctions imposed under these Procedures shall not take effect until the determination regarding responsibility becomes final. The determination becomes final upon the earlier of:
1. the expiration of the five (5) Business Day appeal filing period without an appeal being submitted; or
2. the issuance of the Notice of Appeal Outcome, if an appeal is filed.
Notwithstanding the foregoing, the Title IX Coordinator may, in the Title IX Coordinator’s discretion, implement interim measures or maintain an existing Emergency Removal during the pendency of an appeal where necessary to protect the health, safety, or equal access of any member of the College community. The College may also place holds on official transcripts, diplomas, graduation, or course registration pending the outcome of an appeal, consistent with applicable law and institutional policy.
Sanctions may be implemented in full upon the determination becoming final. Failure to comply with imposed sanctions following finality may result in additional disciplinary action as set forth in these Procedures.
XXXVI. Notice of Outcome
The Title IX Coordinator shall issue, or coordinate issuance of, a written Notice of Outcome, which shall include:
1. Identification of the allegations evaluated and the specific provisions of these Procedures at issue;
2. A description of the procedural steps taken from receipt of the Formal Complaint through the determination;
3. Findings of fact supporting the determination, and the rationale for each finding;
4. Conclusions regarding the application of these Procedures to the facts found, and the result as to each allegation;
5. Any Sanctions imposed on the Respondent, where applicable;
6. Any Remedies to be provided to the Complainant, to the extent permitted by applicable law; and
7. The procedures and permissible grounds for appeal.
The Notice of Outcome shall be provided simultaneously to the parties and, where authorized, their Advisors.
XXXVII. Appeal
The filing of an appeal shall stay the imposition of any sanctions and remedies pending the outcome of the appeal; however, supportive measures may be continued, modified, or reinstated as appropriate to ensure the safety and equal access of the parties to the College’s education program or activity. The decision-maker for the appeal shall not be the same individual(s) as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator. The appeal decision-maker shall review the record for the limited grounds asserted and shall apply a deferential standard to factual findings, while independently assessing whether the identified grounds for appeal are satisfied. The appeal decision-maker may affirm the determination, modify the determination or sanctions, or remand the matter for further investigation, additional findings, or a new hearing. If a matter is remanded, the subsequent determination shall be subject to the same appeal procedures. The appeal decision shall be issued simultaneously to both parties in writing and shall be final, except to the extent that a remand is ordered. Where a Respondent is subject to separation or dismissal and files an appeal, the College may place a hold on transcripts, registration, or graduation, or may implement an emergency removal or administrative leave, as appropriate and consistent with this Policy, pending resolution of the appeal.
A. Right to Appeal
Either party may appeal a dismissal or Notice of Outcome by submitting a written Appeal within five (5) Business Days of the date the Notice of Outcome or notice of dismissal was sent to the parties. Appeals submitted after this deadline will be deemed untimely and will not be considered, absent a showing of exceptional circumstances as determined by the Title IX Coordinator in the Title IX Coordinator’s sole discretion.
B. Grounds for Appeal
Appeals are limited to the following grounds:
1. procedural irregularity that affected the outcome,
2. new evidence not reasonably available at the time of the determination or dismissal that could affect the outcome,
3. conflict of interest or bias by the Title IX Coordinator, Investigator, or Decision-Maker that affected the outcome.
C. Review for Standing
The Appeal Officer shall first determine whether the Appeal is timely and whether it asserts a permitted ground.
D. Appeal Procedure
If an Appeal is accepted on one or more permitted grounds, the following process applies:
1. The Title IX Coordinator will notify the non-appealing party in writing of the appeal, provide a copy of the Request for Appeal, and inform the non-appealing party of the opportunity to submit a written response. The non-appealing party will have seven (7) Business Days from the date the notice is sent to submit a written response to the Title IX Coordinator.
2. The appealing party will have three (3) Business Days following the Title IX Coordinator’s transmission of the non-appealing party’s response - or, if no response is submitted, following the expiration of the response period — to submit a written reply. Replies are limited to responding to the arguments and information set forth in the response and may not introduce new grounds for appeal.
3. If the non-appealing party does not submit a response within the stated period, the Appeal Officer will decide the appeal without a response. If the appealing party does not submit a reply within the stated period, the Appeal Officer will decide the appeal without a reply.
4. The Appeal Officer may review the case record, hearing recording or transcript, procedural materials, and any timely submissions. The Appeal Officer may request limited additional information from the Title IX Coordinator or the parties if necessary to resolve the appeal; if such information is requested, all parties will receive a copy.
5. The Appeal Officer will issue a written Notice of Appeal Outcome within ten (10) Business Days of the date all submissions are received, or of the expiration of all submission periods, whichever occurs first.
6. The Title IX Coordinator has discretion to extend any of the foregoing timelines for good cause, including the unavailability of a party or Advisor, complexity of the record, or other circumstances that justify additional time. Written notice of any extension, including the reason and revised timeline, will be provided simultaneously to the parties.
7. All appeal procedures apply equally to both parties. If the College offers any additional grounds for appeal beyond those stated in Section XXXVII.B, such additional grounds must be equally available to both parties.
E. Standard on Appeal
Appeals are deferential and are not a new hearing. The Appeal Officer reviews for the limited asserted error and shall not simply substitute judgment because they would have weighed the evidence differently.
F. Appeal Outcomes
The Appeal Officer may:
1. affirm the dismissal or outcome,
2. reverse all or part of the dismissal or outcome,
3. remand for further investigation,
4. remand for clarification,
5. order a new hearing where necessary,
6. return the matter to the original Decision-Maker or another appropriate official for limited reconsideration.
G. Notice of Appeal Outcome
The Appeal Officer shall issue a written Notice of Appeal Outcome stating the result and rationale. The appeal outcome is final except where the matter is remanded for further proceedings as stated therein.
H. Finality of Appeal Decisions
The decision of the Appeal Officer is final. No further internal appeals are available.
If a matter is remanded for further proceedings, those proceedings will be limited to the scope identified by the Appeal Officer. Following remand, the outcome will be issued in accordance with this Procedure and will be subject to appeal only if permitted under the specified grounds.
Where the Appeal Officer remands a matter for limited reconsideration pursuant to Section XXXVII.F, the outcome of that reconsideration is final and is not subject to further appeal under these Procedures. The remand reconsideration process is limited to the scope identified by the Appeal Officer and does not constitute a new determination or a new basis for appeal.
XXXVIII. Withdrawal or Resignation While Charges Are Pending
A. Student Respondent
If a Student Respondent withdraws while charges are pending, the College may continue or discontinue the formal process depending on jurisdiction, practicality, safety, and institutional interests. The College may place registration, transcript, or readmission holds where permitted and appropriate.
B. Employee Respondent
If an Employee Respondent resigns while charges are pending, the College may suspend or discontinue the disciplinary component if it no longer has disciplinary jurisdiction, but may still preserve records, implement remedies, address systemic concerns, and note employment status consistent with law and institutional policy. Other actions may include but are not limited to:
The College will take such actions in a manner consistent with legal requirements and institutional policy.
XXXIX. Long-Term Remedies
Following resolution, the Title IX Coordinator or Designee may implement long-term Remedies directed to the parties and/or the broader College community, as appropriate. Such Remedies are designed to stop the misconduct, prevent recurrence, and restore or preserve equal access to the College's education program or activity.
Long-term Remedies may include, but are not limited to:
1. Counseling, health, or support service referrals;
2. Academic, housing, or employment modifications;
3. Schedule, reporting structure, or supervisory relationship changes;
4. No-contact directives or restrictions on access to specific campus areas, activities, or programs;
5. Training or educational interventions for individuals or affected units;
6. Climate assessments or responsive measures within affected programs or departments;
7. Policy or practice modifications;
8. Campus safety or monitoring measures; and
9. Any other action the Title IX Coordinator or Designee determines is reasonably necessary to remedy the effects of the misconduct and prevent its recurrence.
XL. Failure to Comply
Failure by a Respondent to comply with imposed Sanctions, Emergency Removal conditions, or other required directives may result in additional disciplinary or administrative action.
Failure by Employees to comply with required duties under these Procedures may also result in administrative or disciplinary action.
XLI. Recordkeeping
The College shall maintain records sufficient to document its response to each Report or Formal Complaint, including the basis for actions taken, determinations made, and supportive measures considered or implemented, consistent with applicable law and institutional practice. This information shall be maintained for at least seven years, or longer if required by law or institutional practice, relating to:
1. each Report and Formal Complaint,
2. each investigation,
3. evidence reviewed,
4. each dismissal,
5. each hearing recording or transcript,
6. each determination and Notice of Outcome,
7. each Appeal and appeal outcome,
8. each Sanction,
9. each Remedy,
10. each Emergency Removal,
11. Supportive Measures implemented or, where applicable, documentation reflecting their consideration,
12. training materials used for Title IX personnel,
13. procedural directives, including any post-investigation narrowing or clarification orders.
XLII. Disability Accommodations and Language Assistance
The College is committed to providing reasonable accommodations and support to qualified individuals with disabilities to ensure equal access to these Procedures.
The College shall also provide language assistance or interpretation services where appropriate and reasonably necessary.
Requests for accommodation will be coordinated through appropriate College offices, which may include Disability Support Services and/or Human Resources, in consultation with the Title IX Coordinator.
The College will engage in an interactive process to determine appropriate accommodations.
Disability Support Services
Student Services Center, Suite 100 | 101 College Parkway, Arnold, MD 21012
Phone: 410-777-1411 | MD Relay: 711
Human Resources
101 College Parkway, Arnold, MD 21012
Phone: 410-777-2444 | MD Relay: 711
Title IX Coordinator (for coordination of accommodations in Title IX proceedings)
Michael Z. Salvador | Phone: 410-777-1239 | Email: complianceofficer@aacc.edu | MD Relay: 711
Accommodations may include, but are not limited to:
• Scheduling adjustments
• Alternative formats or communication methods
• Assistive services or technology
• Modifications to participation procedures
XLIII. Training
The College shall provide appropriate training to the Title IX Coordinator, Deputy Title IX Coordinators, Investigators, Decision-Makers, Appeal Officers, Advisors appointed by the College, and others who materially participate in the administration of these Procedures.
Training shall address, as appropriate:
1. scope of these Procedures,
2. relevant law,
3. impartiality and bias avoidance,
4. relevance and evidence,
5. trauma-informed practices where appropriate,
6. questioning and hearing management,
7. drafting reports and determinations,
8. privacy and confidentiality principles,
9. sanctions and remedies,
10. recordkeeping and documentation.
A. Pool and Training Administration
The Procedures and this formal process shall be distributed annually to students, Employees, prospective students, and prospective Employees. The Pool consists of those trained individuals from whom the College may appoint Investigators, Decision-Makers, Advisors, and Appeal Officers, provided that no person shall serve in more than one materially conflicting role in the same matter. When the Title IX Coordinator determines that there may be a conflict of interest or other good cause, the College may designate an external third party to serve in any such role, subject to appropriate institutional approval. Specific training shall also be provided to Appeal Officers and the Title IX Coordinator and designees, as applicable. All materials used to train the Title IX Coordinator, Deputy Title IX Coordinators, Investigators, Decision-Makers, Appeal Officers, Advisors appointed by the College, and any person who facilitates an informal resolution process under these Procedures shall be made publicly available on the College’s website and maintained there for a period of at least seven (7) years. Training materials must not rely on sex stereotypes and must promote impartial investigations and adjudications. The Title IX Coordinator has discretion to determine the appropriate format and location for public posting, provided that such materials remain reasonably accessible to students, employees, and the public. The College will update posted materials within a reasonable time following any material revision to its training program.
XLIV. Policy Authority, Interpretation, and Revision
The Title IX Coordinator has authority to issue procedural guidance, administrative forms, templates, and implementation instructions consistent with these Procedures.
The Title IX Coordinator may make minor procedural modifications that do not materially impair fairness, consistent with law, institutional necessity, or scheduling demands.
The College reserves the right to revise these Procedures as necessary to comply with changes in law, regulation, court decision, or institutional need. Any such revisions shall take effect as designated by the College.
If a legal requirement changes in a manner that affects interpretation of these Procedures, the Procedures shall be construed to comply with the most current governing law.
XLV. Non-Creation of Independent Contractual Rights
These Procedures are intended to guide the College’s response process and do not create contractual or legally enforceable rights beyond those required by applicable law.
Procedure Title: Interim Sexual Harassment and Sexual Misconduct Procedures Reporting and Resolution
Policy Category: General
Responsible President/Vice President: President
Responsible Administrator: Chief Compliance and Fair Practices Officer / Title IX Coordinator
Contact Information: complianceofficer@aacc.edu, (410) 777-1239
Approval Date: June 1, 2026
Effective Date: June 26, 2026
History: Previously covered under the Formal Grievance Process for Alleged Violations of the Sexual Misconduct Policy Procedure and the Sexual Misconduct Procedures (ATIXA)
Last Reviewed (Administrative Date): June 26, 2026
Applies To: Faculty, Staff, Students, and applicable third parties
Related Policies:
Forms/Guidelines: N/A
Related Procedures:
Related Forms and Guidance:
Relevant Laws