APPENDIX A: Overview of Initial Review Checklist
During the investigation/adjudication of a sexual misconduct report, the Title IX Coordinator or its designee(s) will:
- assess the nature and circumstances of the allegation;
- address immediate physical safety and emotional well-being of the Complainant and the College community;
- discuss with the Complainant the range of interim measures and remedies, including options for no-contact orders, changes in living, academic, transportation, working situations;
- provide the Complainant with information about on- and off-campus resources, including the College-appointed support options, and visa and immigration assistance, as appropriate;
- provide information about their student financial aid options, as appropriate;
- obtain the Complainant’s expressed preference for the manner of resolution and assess any barriers to proceeding;
- provide the Complainant with an explanation of the anticipated time frames for the resolution process if the Complainant wished to move to an investigation;
- provide the Complainant with an explanation of the limitations on the College’s response should the Complainant choose to remain anonymous;
- provide information about a sexual assault and harassment policy Case Manager and information about an adviser of their choice, including legal counsel;
- determine if concerns exist for discrimination or harassment based on other protected classes;
- explain the College’s policies for confidentiality and prohibiting retaliation, as described in the Policy and provide a writing explaining confidentiality;
- explain the difference between confidential and non-confidential resources;
- assess the reported conduct for the need for a timely warning notice under federal law;
- determine if pattern of evidence or other similar conduct by Respondent exists;
 determine if any issues of academic freedom exist, which may be reviewed by the Dean of the College or designee;- submit non-identifying information about the report to Campus Safety for entry into the College’s daily crime log if the report includes a Clery-reportable crime;
- provide the Complainant with a written explanation of the Complainant’s rights and options as set forth in this Policy, including, but not limited to:
- the right to report, or decline to report, the incident to law enforcement if the conduct is potentially criminal in nature. The College is available to assist in this process;
- the right to obtain a “no-contact” order from the College, or local authorities;
- the right and importance of seeking medical treatment to address physical health and to preserve evidence;
- the right to file a complaint through the applicable internal complaint resolution process;
- the right to receive an explanation of the internal complaint resolution process and the preponderance of the evidence standard of proof used to resolve the complaint (“more likely than not”);
- the right to be provided a prompt, fair, and impartial investigation and resolution; and the right to receive an explanation of the possible sanctions against Respondents.
- provide the Respondent with a written explanation of the Respondent’s rights and options as set forth in this Policy, including, but not limited to:
- the right to participate, or decline to participate, in any investigation and hearing;
- discuss with the Respondent the range of interim measures and remedies, including options for no- contact orders, changes in living, academic, transportation, working situations;
- provide the Respondent with information about on- and off-campus resources, including the College- appointed support options, and visa and immigration assistance, as appropriate;
- the right to receive an explanation of the internal complaint resolution process and the preponderance of the evidence standard of proof used to resolve the complaint (“more likely than not”)
- the right to be provided a prompt, fair, and impartial investigation and resolution; and the right to receive an explanation of the possible sanctions against Respondents
|
