VII. SPECIAL PROVISIONS
A. Attempted Violations
In most circumstances, the College will treat attempted conduct as if that conduct had been completed.
B. Alcohol and Substance Use
The use of alcohol or other drugs will never function as a defense for any behavior that violates College policy.
C. Past Sexual History
The past sexual history of a party will generally not be admissible by the other party in an investigation or hearing unless such information is determined to be highly relevant by the Title IX Coordinator. For example, the investigator or External Adjudicator will not consider the existence of a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent unless the evidence is relevant to how the parties communicated consent in prior or subsequent consensual sexual relations. In addition, the investigator or External Adjudicator will not consider prior or subsequent sexual history between the complainant and anyone other than the respondent for any reason unless directly relevant to prove that physical injuries alleged to have been inflicted by the Respondent were inflicted by another individual. The mere fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual. Before permitting consideration of this type of evidence, an investigator or External Adjudicator officer will provide a written explanation to the parties as to why consideration of the evidence is consistent with this clause.
If the party believes the past sexual history of the other party is relevant to the investigation and/or hearing they must submit a written request to the Title IX Coordinator explaining the nature of the information and why the information is relevant to the investigation and/or hearing. The External Adjudicator, in consultation with the Title IX Coordinator, will review the request and render a decision.
D. Respondent’s Prior Conduct History
Generally, any previous College policy violation(s) by the Respondent are generally not admissible as information about the present allegation. However, the Title IX Coordinator may supply information about previous behavior and/or complaints to the Investigator(s) or the External Adjudicator if:
- The Respondent was previously found to be responsible for a similar violation; or
- The information indicates a pattern of behavior by the Respondent and substantial conformity with the present allegation.
A Respondent’s prior conduct will be taken into consideration by the External Adjudicator or appropriate vice president (when applicable) when determining what sanction(s) to recommend or impose. See the section on Sanctions.
E. Recording of Proceedings
The College will audio record the hearing, but will not record any related deliberations by the External Adjudicator. The College will maintain a copy of that recording and will provide the parties with access to a copy of a transcript of that recording, upon request. The recording and any related transcript are subject to the same protections as other documents related to the hearing and may not be shared or disclosed outside of the parties and their support persons. The parties and any support persons present are not permitted to record the proceedings under any circumstances.
F. Record Retention
The Title IX Coordinator will review and retain copies of all reports generated as result of investigations. These records will be kept confidential to the extent permitted by law. Records of investigations and hearings are maintained by the College for seven (7) years as indicated below.
If the Respondent is a student, the records will be maintained for seven (7) years past the student’s graduation or if the student leaves the College before graduation, for seven (7) years past their original expected graduation date.
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