¹û½´ÊÓƵ

Faculty Rules of Procedure

Approved July 16, 2023

• A. Faculty Activities
• B. Conditions of Appointment of Faculty Members
• C. Sabbatical Leaves and Leaves of Absence
• D. Resignations of Faculty Members
• E. Retirement of Faculty
• F. Non-Sexual Harassment/Misconduct Complaints and Charges Brought against Members of the Faculty
• G. Procedures for Sanctions Less than Fixed-Term Suspension or Termination
• H. Procedures for Fixed-Term Suspension or Termination of Academic Tenure or of Fixed Term Appointment Prior to Expiration for a Reason Other than Financial Exigency
• I. Proceedings for Termination because of Financial Exigency
• J. Complaints against Members of the Faculty involving Allegations of Sexual Harassment/Misconduct
• K. Procedures for Sanctions Less than Fixed-Term Suspension or Termination
• L. Procedures for Fixed-Term Suspension or Termination of Academic Tenure or Termination of Fixed-Term Appointment Prior to Expiration in Response to Charges of Sexual Harassment/Misconduct
• M. Complaints against Members of the Faculty involving Allegations of Sexual Harassment that Fall under the Jurisdiction of Title IX
• N. Grievance Procedures in Cases involving Allegations of Sexual Harassment that Fall under the Jurisdiction of Title IX
• O. Procedures for Appeals that Fall Under the Jurisdiction of Title IX
• Appendix I - AAUP Statement on Professional Ethics
• Appendix II - Resolutions Adopted by the Faculty Governing Conduct of Faculty Meetings

These rules of procedure constitute a part of the Constitution of the Faculty of ¹û½´ÊÓƵ.

A. Faculty Activities

Section A-1

In principle, the College encourages faculty research and participation in professional, educational, and public activities beyond the classroom, and it is the responsibility of the Faculty member to determine that such activities do not interfere with the fulfillment of his or her other obligations to the College.

Section A-2

The faculty member is obligated to keep the College informed of major outside commitments to teaching, lecture programs, consulting activities, and other employment and to discuss in advance with the Dean of the Faculty any such commitments that involve the use of College facilities or significant amounts of Faculty time.

Section A-3

No formal application shall be finally submitted for a research grant or other grant that is to be administered by the College except after approval by the President.

B. Conditions of Appointment of Faculty Members

Section B-1

The precise terms and conditions of every appointment or reappointment shall be stated in writing and be in possession of both the faculty member and the College before the appointment is consummated. There are three types of appointment contracts, tenure track, tenured and visiting (as described in Article IV, Section 4 of the Constitution.)

Section B-2

Notice that a tenure track appointment for a fixed term will not be renewed or extended shall be given to the faculty member in writing as soon as such decision is made and, unless delay is caused by a bona fide emergency situation, shall also be in accordance with the following schedule:

Section B-3

Visiting appointments terminate as described in the appointment letter without further notice of non-renewal.

Section B-4

Once a faculty member has acquired academic tenure, the presumption of both the Faculty and the College is for continuation of service from year to year in the absence of written notice to the contrary. The College will provide annually a statement of the salary established for the ensuing year and, as occasion requires, written notice of promotions and of other specific changes of terms, such as approval of leaves.

Section B-5

Except for matters covered by Section B-3 above, the College shall notify all Faculty members not later than May 15 of each year concerning their status for the next academic year, including rank and (unless unavoidable budgetary conditions forbid) prospective salary.

Section B-6

A faculty member may ask the Committee on Advancement and Tenure to reconsider any decision affecting employment status pursuant to Article VII, Section 5 of the Constitution. A policy describing procedures for any such reconsideration shall be determined by the Faculty and shall be published in the Faculty Handbook. In no case shall requests for reconsideration limit a faculty member’s right to submit a formal appeal to the Appeals and Review committee, as per Article VIII, Section 2 of the Faculty Constitution.

Section B-7

Normally, academic tenure will apply only to full-time academic members of the Faculty, but it may occasionally be desirable to accord it to personnel having additional employment outside the College. A faculty member having academic tenure who reduces his or her employment at the College to a continuing part-time basis shall not necessarily lose his or her status of academic tenure as a result. All special cases involving part-time employment shall be accepted or rejected on their individual merits.

Section B-8

An individual on academic tenure will retain such status during official leaves of absence.

C. Sabbatical Leaves and Leaves of Absence

Section C-1

Effective classroom teaching at ¹û½´ÊÓƵ demands a serious, active engagement with the scholarly materials of one’s field. The purpose of a sabbatical leave is to encourage scholarship, research and/or creative endeavor so as to maintain and enhance the intellectual quality of the Faculty and to help ensure thereby the highest quality teaching. A sabbatical leave is defined as one semester or one year of ¹û½´ÊÓƵ employment at full pay, without teaching or administrative responsibilities and devoted to independent inquiry and/or creative endeavor. (For the purposes of Section C the term “sabbatical leave of one semester at full pay” shall be interpreted to include sabbatical leave of one year at half pay.)

Section C-2

Requests for sabbatical leave must be approved by the President upon recommendation of the Committee on Academic Policy and Planning. All such requests should be presented to CAPP by the end of the third week of the Fall semester in the year prior to the year in which the proposed sabbatical is to be taken. All requests should include a description of the research or other professional activity to be pursued during the sabbatical period. Requests should also be accompanied by a statement from the faculty member's department – and from the relevant Humanities staff and/or interdisciplinary program, where appropriate – regarding the curricular impact of the proposed sabbatical leave.

Section C-3

For faculty members on academic tenure, eligibility for sabbatical leave is earned after every twelve semesters – consecutive or otherwise – of full-time teaching at the College (except in unusual cases as described in Section C-4 and Section C-7). Semesters of part-time teaching will accumulate on a pro-rated basis. Faculty members on academic tenure whose probationary period was three or four years of full-time teaching at ¹û½´ÊÓƵ because of full-time teaching experience prior to joining the ¹û½´ÊÓƵ Faculty and who did not enjoy sabbatical leaves at their previous institutions may request that some or all of the prior full-time teaching experience accrue toward eligibility for the first post-tenure sabbatical leave. Such requests may be made at or after the time of appointment, and will be considered on a case-by-case basis by the President in consultation with CAPP. For untenured tenure-track faculty who take a one-semester sabbatical leave at full pay (or a full year at half pay) under the provisions of Section C-5, that semester will count as one of the twelve semesters required for subsequent sabbatical eligibility. Semesters of unpaid leave taken by untenured tenure-track faculty will not count as one of the twelve semesters required for subsequent sabbatical eligibility. The timing of all sabbatical leaves must be approved by CAPP in consultation with the faculty member and the department. Faculty members may be asked to take their leave in a contiguous year or semester in order to maintain departmental and curricular continuity.

Section C-4

In unusual circumstances, a sabbatical period may occur earlier or later than the normally scheduled semester or year of eligibility (as described in Section C-3). Requests for early or late sabbatical leave must be based on clear and compelling reasons having to do with departmental or programmatic staffing or extraordinary scholarly opportunities, and must be endorsed by the relevant department and/or program. Where an early sabbatical period occurs, the number of semesters of full-time teaching at the College required for subsequent sabbatical eligibility will increase equivalently. Where a late sabbatical period occurs, the number of semesters of full-time teaching at the College required for subsequent sabbatical eligibility will decrease equivalently. However, in all cases (except in unusual cases as described in Section C-7) at least eight semesters of full-time teaching at the College must intervene between consecutive sabbatical periods.

Section C-5

A one semester sabbatical leave at full pay (or a full year at half pay) will be awarded to all untenured tenure-track faculty whose probationary period is five or more years of full-time teaching at ¹û½´ÊÓƵ, who have earned the terminal degree in an appropriate field, and who submit proposals that are judged to be excellent by the Sabbatical Fellowship Awards Committee, as described in Section C-8. (For individuals who fall into this category except that their original proposals are not judged to be excellent, the Sabbatical Fellowship Awards Committee shall communicate its concerns to the faculty member and shall invite revised proposals for reconsideration in the same academic year.) Normally, untenured faculty will take their sabbatical leaves in the third or fourth year of the probationary period.

Section C-6

For tenured faculty members, sabbatical periods may be for one semester at full pay, one year at half pay, or one year at full pay. Eligibility to apply for a full year sabbatical at full pay will be determined by the President in consultation with CAPP, as described in Section C-2. Full year sabbatical leaves at full pay will be granted only on the basis of a research proposal submitted to the Sabbatical Fellowship Awards Committee and judged excellent by that committee, as described in Section C-8. (For individuals who fall into this category except that their original proposals are not judged to be excellent, the Sabbatical Fellowship Awards Committee shall communicate its concerns through the Dean of the Faculty, and shall invite revised proposals for reconsideration in the same academic year.) Further, the Sabbatical Fellowship Awards Committee will consider and evaluate such research proposals from only those tenured faculty members who also successfully certify that they have either received significant support – which may or may not be faculty salary support – for their projects from extramural funding entities recognized for supporting research or creative endeavor in the relevant field or are seeking such support for their projects from at least two such extramural funding entities. Typically, certification will be achieved by submitting to CAPP complete copies of the extramural grant applications (excluding confidential letters of recommendation that the extramural funding entities may require). In cases where extramural grant proposals will be submitted only after the Sabbatical Fellowship Awards Committee makes its decisions, those decisions will be provisional, pending subsequent submission of extramural proposals to CAPP and certification by CAPP. In cases where it is unreasonable to expect the faculty member to apply for extramural grant support – for example, in disciplines where such support is entirely unavailable – the Dean of the Faculty will work closely with CAPP and the individual faculty member to find an approach that may successfully address the spirit of this requirement. CAPP will have the final decision as to whether a faculty member’s extramural applications for support are sufficient – in terms of the type of support requested, the purposes for which the support are sought, and the relative standing of the extramural entity – to make the faculty member eligible to apply for a full year sabbatical at full pay. In the event that extramural grant applications submitted to CAPP under this program are successful, the College’s financial support for the faculty member’s sabbatical will in all cases be reduced by an amount equal to the total amount of support that the faculty member will receive from extramural entities for salary and benefits (excluding extramural funds explicitly designated for summer salary). However, all sabbatical-eligible faculty are entitled (subject to the provisions of Section C-2) to one semester of college-paid sabbatical regardless of extramural support. In the absence of a research proposal that the Sabbatical Fellowship Awards Committee judges excellent, or if CAPP determines that the individual has failed to certify that he or she is seeking appropriate extramural support, the sabbatical period will in all cases be for one semester at full pay.

Section C-7

In unusual circumstances, the Sabbatical Fellowship Awards Committee may consider a single proposal from a tenured faculty member for two non-consecutive semesters of sabbatical at full pay, the first of which would occur after six semesters of full-time teaching at the College and the second of which would occur during one of the subsequent semesters of the same sabbatical cycle for that faculty member. (This modifies Section C-3 and Section C-4.) Eligibility to apply for two non-consecutive semesters of sabbatical at full pay will be determined by the President in consultation with CAPP, as described in Section C-2. Such applications will be approved only on the basis of a research proposal submitted to the Sabbatical Fellowship Awards Committee and judged excellent by that committee, as described in Section C-8, and only after a determination by the CAPP (1) that the proposal is based on considerations involving extraordinary and important research opportunities that require two non-consecutive semesters of sabbatical at full pay instead of one full year of sabbatical at full pay and (2) that such opportunities are sufficiently important to outweigh considerations of curricular and pedagogical continuity that reflect the centrality of the College’s teaching mission. Further, the Sabbatical Fellowship Awards Committee will consider and evaluate such research proposals from only those tenured faculty members who successfully certify that they are also seeking to obtain financial support from extramural funding entities, following the same procedures, and subject to the same rules and limitations, described in Section C-6.

Section C-8

Untenured faculty who request a one semester sabbatical leave at full pay and who are eligible for this under Section C-5, and tenured faculty who request a full year sabbatical (or two non-consecutive semesters of sabbatical) at full pay and who are eligible for this under either Section C-6 or C-7, must submit a full research proposal to the Sabbatical Fellowship Awards Committee. A full research proposal must include:

The Sabbatical Fellowship Awards Committee will be appointed by the President with the approval of CAPP and CAT. The committee will be composed of one representative from each division of the College. One member of the committee shall be designated Chair by the President with the approval of CAPP and CAT. Committee service will normally be for two year terms, staggered for purposes of continuity. Faculty members planning to apply in any given year for one semester sabbaticals under C-5 or for one year sabbaticals (or two non-consecutive semesters of sabbatical) under either C-6 or C-7 are not eligible to serve on the committee in that year.

Section C-9

Requests for unpaid leaves of absence may be granted by the President upon the recommendation of CAPP. All such requests should be accompanied by a statement from the faculty member's department -- and from the relevant Humanities staff and/or interdisciplinary program, where appropriate -- regarding the curricular impact of the proposed unpaid leave of absence. Requests for unpaid leave should be made in a timely fashion so that the College has a reasonable opportunity to secure a satisfactory replacement, if necessary.

Section C-10

A single continuous period of leave – composed of sabbatical and unpaid leave in any combination – shall not exceed four semesters except in extraordinary circumstances and in no event shall exceed six semesters. (This restriction does not apply to leaves covered by Section C-13 and/or C-14.)

Section C-11

Any single period of leave of either one semester or one year in duration, and in any combination of sabbatical and unpaid leave, must be both preceded and followed by at least four consecutive semesters of full-time teaching. Any single period of leave of either three or four semesters in duration, and in any combination of sabbatical and unpaid leave, must be both preceded and followed by at least six consecutive semesters of full-time teaching. Upon the recommendation of the Committee on Academic Policy and Planning, the President may grant exceptions to this rule. However, such exceptions will presuppose professional development opportunities of extraordinary benefit to the College and will be granted only when exigencies of scheduling are such that similar opportunities are unlikely to be available at another time. (The restrictions described in this Section do not apply to leaves covered by Section C-13 and/or C-14.)

Section C-12

After completing a sabbatical, the faculty member will summarize the activities undertaken as a written report to the Dean of the Faculty on achievements during a sabbatical, including copies of materials produced, publications, etc. The Dean of the Faculty will place a copy of this report in the faculty member’s permanent evaluation file. The faculty member is expected to report on his or her research in a form suitable for dissemination to the ¹û½´ÊÓƵ community (for example, as a colloquium or a published document).

Section C-13

In accordance with the requirements of OFLA, FMLA, and Paid Leave Oregon (effective September 3, 2023), parental leave will be granted upon the request of a faculty member. The faculty member shall provide written notice of the dates of intended parental leave. This notice must be received by the College at least 30 days before the anticipated date of birth or the date of placement of an adopted child under six years of age. In the event of premature birth, maternal incapacity due to birth rendering them unable to care for the child, or the unanticipated placement of an adopted child, the faculty member shall give the College notice of revised dates of parental leave within seven days after birth or placement. In order to reduce the impact on operations of the College, including staffing requirements and class offerings, informal notification should be provided as soon as is practical. Parental leave will be for 12 weeks in duration, and two additional weeks of leave for limitations related to pregnancy, childbirth or related medical condition, including but not limited to lactation for a total of 14.

Faculty will receive at least one-half of their contractual salary and any amount due under the ¹û½´ÊÓƵ Paid Leave Program (which pays more generously than the State's Paid Leave Oregon program) during the parental leave. Please see the separate ¹û½´ÊÓƵ Paid Leave Program document for further information about Paid Leave Oregon. In no event shall the parental leave extend beyond one year from the date of birth. Unless otherwise requested by a faculty member, parental leave that would otherwise begin during a school break will begin at the start of the term, i.e., start date listed on faculty salary letter for fall term and January 7 for spring term. Should a faculty member wish to return to work for the balance of the semeter, they are invited to speak with the Dean of the Faculty as they plan their parental leave.

Section C-14

The College may require that a faculty member accept a leave of absence for reasons of health, whether or not the individual requests such a leave, on the following conditions:

D. Resignations of Faculty Members

Section D-1

A faculty member who contemplates resigning or is seriously negotiating other employment shall not delay informing the College of his or her intentions longer than is necessary to protect his or her rights and convenience in seeking employment.

Section D-2

A faculty member who concludes a binding agreement to accept employment elsewhere is obligated to notify the College immediately.

Section D-3

Except in emergency situations, a faculty member is under obligation not to submit a resignation less than six weeks before the end of spring semester to take effect at the end of the academic year. If such a resignation is submitted, the College may refuse to accept the resignation and the faculty member is obligated to conform to the College's decision.

E. Retirement of Faculty

Section E-1

F. Non-Sexual Harassment/Misconduct Complaints and Charges Brought against Members of the Faculty

(For grievance procedures involving sexual harassment/misconduct see Sections J, K, L below.)

Section F-1
Preliminary Considerations and Procedures

Section F-2
Formal Complaints or Charges

Section F-3
Record Keeping

G. Procedures for Sanctions Less than Fixed-Term Suspension or Termination

Section G-1

Section G-2
Report of the Hearing Board

H. Procedures for Fixed-Term Suspension or Termination of Academic Tenure or of Fixed Term Appointment Prior to Expiration for a Reason Other than Financial Exigency

Section H-1

Proceedings for termination or fixed-term suspension for a reason other than financial exigency shall be carried out as follows:

I. Proceedings for Termination because of Financial Exigency

Section I-1

Proceedings for termination because of financial exigency shall be carried out as follows:

J. Complaints against Members of the Faculty involving Allegations of Sexual Harassment/Misconduct

Section J-1

Preliminary Considerations

J-1.a. Overview

     The following three sections of the Rules of Procedure, J, K, L detail the procedures for complaints against faculty members involving sexual harassment/misconduct, as outlined in the Discriminatory Harassment and Sexual Misconduct policy.

     These procedures are intended to create an environment free of sex-based discrimination and harassment in accord with the College's regulations and policies, the Honor Principle, and the requirements of the U.S. Department of Education's Office of Civil Rights.  These procedures are not intended to regulate academic discourse or content of speech.  Academic discourse involving acts or speech of a sexual nature, even if perceived by some as offensive is not sufficient basis in and of itself to establish sexual harassment/misconduct. Discourse that is germane to the scholarly exploration of the subject matter will generally not meet this test.

     Allegations of sexual harassment that fall under the jurisdiction of Title IX as outlined in the Title IX policy will be addressed through sections M, N, and O of the Rules of Procedure. The final decision as to which grievance procedures shall be used in a given case rests with the Title IX Coordinator.

For all sexual harassment/misconduct cases conducted under section J, K, and L, the Complainant and the Respondent each may retain legal counsel and have as many as two advisers from the College community assist in the formal complaint process.  The role of an adviser from the college community is to help the Complainant or Respondent prepare for any investigation or hearing, to advise on procedure, and to be a non-participating supporter in any interview or hearing that may result.  The Complainant and the Respondent are, however, expected to represent themselves in any hearing or interview. Outside counsel may attend, but may not speak during hearings and the proceedings that form part of any sexual harassment/misconduct investigation.

The Dean of the Faculty and anyone who has been designated to perform the Dean’s functions in the grievance process shall endeavor to the degree possible to protect the confidentiality of Complainants and Respondents, but must comply with obligations and responsibilities placed on the College by Title IX regulations. The Title IX Coordinator will be advised of reports or complaints of sexual harassment/misconduct. This will include the names of the Complainant(s) and Respondent(s), as well as a brief statement of the event or events which are the cause of the complaint, including the date or dates.

     Complainants, Respondents and witnesses are required to keep confidential the details of any formal complaint investigation, resolution or grievance hearing. They may disclose their own experiences that led to the filing of a complaint, and they may disclose details of the case to confidential parties, such as counselors, clergy, family members and lawyers or the advisers allowed by this policy. They may also state that they are participating or have participated in a formal complaint or grievance procedure, whether as Complainant, Respondent, Hearing Board member, witness, or in another role. They must, however, keep confidential any details about the proceedings, the other participants, and any new information gained from testimony given or evidence submitted as part of a hearing or investigation. In cases of sexual assault, Complainants and Respondents may, after the completion of the process, including all appeals, also disclose three additional pieces of information: the name of the Respondent; the institution’s final determination concerning the allegation of sexual assault; and any sanction imposed on the Respondent as a result of a finding of sexual assault.

The Dean shall endeavor to protect all parties involved from retaliation as necessary, during or after an investigation and its resolution. Retaliation includes intimidation, threats, coercion or adverse employment or educational actions taken against an individual because of the individual’s participation in the reporting, investigation or resolution of a complaint. Retaliation may include acts committed by Complainants, Respondents or any other individual or group of individuals.

     A student Complainant may bring to the Dean’s attention any concerns about completion of a particular course or concerns about any evaluations of his or her performance. The Dean will follow relevant college policy where it exists, and consult with and inform the Title IX Coordinator as appropriate.

If sanctions have been imposed under the provisions of Section K or L, and appeal is unsuccessful, a statement of these sanctions and of their grounds shall be placed in the Respondent’s evaluation file. Informal or mediated resolutions of complaints or charges arising from a section J proceeding may stipulate that an appropriate statement be placed in the Respondent’s evaluation file.

     In the event that a hearing according to the procedures of Sections K or L comes about because of an allegation submitted to the Committee on Advancement and Tenure as part of the faculty evaluation process, that allegation shall normally remain in the Respondent’s evaluation file. In cases where such an allegation is discredited by a hearing that clears the Respondent of wrongdoing, the Committee on Advancement and Tenure shall insert a statement to that effect into the evaluation file.

     All other records arising from formal complaints against members of the Faculty, all other records arising from informal resolutions reached through interaction with the Dean of the Faculty or the Committee on Advancement and Tenure, and records arising from mediation through the Honor Council which results in acknowledgment of injury to a community member, shall be kept by the Dean of the Faculty in confidential complaint files separate from all other records pertaining to a faculty member. A Hearing Board or Investigating Committee on sexual harassment/misconduct shall consult these files only when determining what sanctions to recommend in a case where allegations have been substantiated through the procedures of Sections K or L. The Committee on Advancement and Tenure shall not consult these files except when determining whether to initiate proceedings pursuant to Section J-3 below. As stated in the Community Constitution, these files shall be maintained for the duration of a faculty member’s employment at ¹û½´ÊÓƵ, or longer if legally required, and shall be destroyed at the end of that period.

     All complaints alleging possible violations of Title IX that are brought to the attention of the Dean of Faculty or the Chair of the Grievance Review Panel shall be reported to the Title IX coordinator. The Title IX Coordinator shall be kept informed of the status and outcomes of the investigation and adjudication of such complaints and any resolution, including in cases where the complaint is unsubstantiated.

In the event that a hearing according to the procedures of Sections K or L overlap in time with a personnel review affecting title, salary, or term of service of the Respondent, that review shall be suspended pending the final outcome of those procedures.  As soon as the procedures are complete, the personnel review will be resumed, and no financial or status penalty will accrue to the Respondent solely by virtue of the delay.

The time limits identified in this policy, including for the procedures of Sections K and L, shall be observed in normal circumstances, but may be extended for good cause shown, provided that prompt resolution of a complaint is not prevented by the extension.  Excluding appeals, the investigation and resolution of a formal complaint shall in normal circumstances take no longer than sixty days.

Section J-2

Formal Complaints

J-2.a. Filing a Complaint

Any student, staff, or faculty member of ¹û½´ÊÓƵ, any parent or guardian of a ¹û½´ÊÓƵ student or any other legitimate user of the facilities and programs of ¹û½´ÊÓƵ, may file with the Dean of the Faculty a formal complaint of sexual harassment/misconduct against a faculty member.

     In cases of sexual harassment/misconduct complaints against the Dean of the Faculty or in cases where the Dean of the Faculty may have a real or perceived conflict of interest in investigating a complaint, a formal complaint should be filed with the Chair of the Grievance Review Panel under Section K below. 

     At all times, the Complainant has the right to file a criminal complaint with law enforcement or to seek civil remedy, in addition to the College's procedures.

The Dean of the Faculty shall endeavor to obtain consent from the Complainant before beginning an investigation.  If the Complainant requests confidentiality, the College shall take all reasonable steps outlined under Section J-3 below to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation.  If a complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the College shall inform the Complainant that it will be limited in its ability to investigate and respond to the complaint. 

     The Dean of the Faculty shall ensure that the complaint is promptly investigated.  He or she may do the investigation, or designate an appropriate investigator.  The Complainant, Respondent and other individuals identified as having information pertinent to the case shall be interviewed, and pertinent evidence shall be reviewed.  The purpose of the investigation is to establish whether or not there is sufficient evidence to suggest that sexual harassment/misconduct has occurred.  The investigation shall normally be completed within fifteen days.

     Failure to cooperate with or interference in an investigation may result in discipline up to and including discharge for employees (including faculty members), and suspension or expulsion for students, in accordance with the College's established grievance procedures.

On the basis of the investigation, the investigator shall prepare a written report  describing the complaint and the response (or absence of a response), the information provided by any witnesses, and any other evidence. On the basis of this report, the Dean of the Faculty, or his or her designee, shall communicate in an addendum to the report whether he or she believes that it is more likely than not that sexual harassment/misconduct occurred. If the Dean, or his or her designee, concludes that it is more likely than not that the Respondent has committed an act of sexual harassment/misconduct, he or she shall recommend in the addendum what disciplinary action would be appropriate for such a violation.

     If the Dean, or his or her designee, concludes that it is more likely than not that the Respondent has not committed an act of sexual harassment/misconduct, he or she shall provide the Complainant and the Respondent written notice of this finding and of the procedures for appeal.

     Both the Complainant and the Respondent have the right to appeal to the President, asking within five days of the date of the notice to meet with the President to discuss the finding. In such a case, the Dean, or his or her designee, will forward the investigative report and addendum to the President. If the Complainant or the Respondent presents compelling evidence of procedural irregularities, provides significant new information or otherwise identifies a basis for reconsideration, the President shall refer the matter back to the Dean of the Faculty, or the designee, for reconsideration. Otherwise, the President may accept, modify or reject the findings of the Dean, or his or her designee. The President will provide written notice of his or her decision to the Complainant, the Respondent and the Dean, and the Dean will pursue resolution of the complaint, when appropriate, according to the procedures outlined below.

     If the Dean or his or her designee concludes that it is more likely than not that the Respondent has committed an act of sexual harassment/misconduct, he or she shall provide the Complainant and the Respondent written notice of this finding and of the procedures for appeal. At this point, the Respondent may accept the findings of the report and accept any sanctions proposed in the addendum, or some other resolution of the complaint may be agreed to by the Respondent, the Dean of the Faculty (or his or her designee), and the Complainant. Any resolution shall include a final determination of the College's finding regarding the occurrence of an act of sexual harassment/misconduct, and any sanctions imposed on the Respondent that directly relate to the Complainant’s participation in college programs shall be disclosed to the Complainant.

     If no such agreement is reached within five days after notice of the investigation has been received, and if the recommended disciplinary action is less than suspension or termination, the Dean of the Faculty shall forward the complaint together with the written report of the investigation, including the addendum, to the Chair of the Grievance Review Panel. In cases in which the recommended disciplinary action is fixed-term suspension or termination of tenure or of fixed-term appointment prior to expiration, the Dean shall consult with the Committee on Advancement and Tenure as to whether to initiate proceedings under the provisions of Section L of these Rules of Procedure, or instead to pass the complaint to the Chair of the Grievance Review Panel in order to instigate a proceeding under Section K.

Section J-3

Investigation in the Absence of a Formal Complaint

J-3.a. Initiating an Investigation

In cases involving informal complaints of sexual harassment/misconduct or cases when a complainant does not consent to his or her name being used in an investigation of sexual harassment/misconduct, the Dean of Faculty and the Committee on Advancement and Tenure will carefully weigh the wishes of the potential Complainant(s) and the College’s responsibility to provide a safe and non-discriminatory environment for all members of the community. If necessary, interim measures will be taken to protect any potential Complainant’s health and participation in college programs and to protect against retaliation.

     If the Dean or the Committee on Advancement and Tenure determines that possible charges do warrant instituting procedures under Section K or if the Committee on Advancement and Tenure determines that possible charges do warrant instituting procedures under Section K, the Respondent shall within two days receive a written statement of the nature and grounds of the possible charges to be considered against him or her and shall have five days from receipt of this statement in which to reply and to state his or her position, unless there is a substantial reason for extending that deadline.

The Dean of the Faculty and the Committee on Advancement and Tenure shall have fifteen days from receipt of the Respondent’s reply to conduct an investigation. The purpose of the investigation is to establish whether or not there is sufficient evidence to suggest that an act of sexual harassment/misconduct has occurred.

On the basis of the investigation, the investigator shall prepare a written report describing the complaint and the response (or absence of a response), the information provided by any witnesses, and any other evidence.  On the basis of this report, the Dean and the Committee on Advancement and Tenure shall communicate in an addendum to the report whether the Committee on Advancement and Tenure believes, by majority vote, that it is more likely than not that the alleged act(s) of sexual harassment/misconduct occurred. If the Committee on Advancement and Tenure conclude that is more likely than not that the Respondent has committed an act of sexual harassment/misconduct, the Dean, the Committee on Advancement and Tenure, and the Respondent are bound in good faith to seek resolution of the matter among themselves before instituting proceedings under Sections K or L. Such resolution shall include a final determination of whether or not an act of sexual harassment/misconduct occurred, and may include sanctions stipulated by the Dean of the Faculty and the Committee on Advancement and Tenure. Sanctions imposed on the Respondent that directly relate to any informal or potential Complainant’s participation in college programs shall be disclosed to that Complainant.

     If a resolution is not agreed to within five days of the determination that grounds for adverse action may exist, and if the alleged conduct appears to warrant a sanction less than fixed-term suspension or termination, the Dean of the Faculty shall promptly forward the written report prepared by the Dean and the Committee on Advancement and Tenure to the Chair of the Grievance Review Panel.  If the Committee on Advancement and Tenure determines that the alleged conduct could warrant fixed-term suspension or termination of tenure or of fixed-term appointment prior to expiration, then the Committee on Advancement and Tenure shall promptly initiate proceedings pursuant to Section H.

     If the Dean of the Faculty and the Committee on Advancement and Tenure determine that plausible grounds for proceedings under Sections K or L or other adverse action do not exist, the Dean of the Faculty shall immediately so inform the Respondent, and any informal or potential Complainant, in writing.

K. Procedures for Sanctions Less than Fixed-Term Suspension or Termination

Section K-1

Investigation by the Grievance Hearing Board

K-1.a. Filing a Complaint

The Chair of the Grievance Review Panel shall receive sexual harassment/misconduct complaints from the Dean of the Faculty or the Committee on Advancement and Tenure or from any legitimate user of the facilities and programs of ¹û½´ÊÓƵ who believes the Dean of the Faculty has a conflict of interest investigating his or her sexual harassment/misconduct complaint.

Within five working days of the receipt of a complaint, the Chair of the Grievance Review Panel shall appoint from that panel a Grievance Hearing Board, made up of three members of the Faculty, who do not have any real or perceived conflict of interest in reviewing the complaint.

The Hearing Board shall meet not more than five working days after its appointment to discuss the allegations. If the Hearing Board judges that the allegation could warrant fixed-term suspension or termination of tenure or of fixed-term appointment prior to expiration, the Hearing Board shall immediately forward the complaint to the Committee on Advancement and Tenure, at which point the procedures of Section L shall come into force, and proceedings under Section K shall terminate. If the Hearing Board does not forward the complaint to the Committee on Advancement and Tenure, it shall normally complete its investigations and determinations within twenty working days from receipt of a complaint.

The Hearing Board shall conduct an investigation, call witnesses, and gather information it deems necessary to assist it in reaching a determination as to the merits of the allegations. Unless the Hearing Board concludes that the allegations are without merit and dismisses the complaint, it shall invite, in writing, as many Respondents or Complainants as are party to a dispute to appear before it.

The Complainant(s) and the Respondent(s) may be present at the hearing if they choose, or they may choose to participate in the hearing by telephone or video conference. Neither the Respondent(s) nor the Complainant(s) shall, however, be allowed to cross-examine each other, or the witnesses, during the hearing. Questions may be submitted by Respondent(s) and Complainant(s) in advance to the Board, which shall decide whether those questions are relevant to the matter and, where applicable, in compliance with Title IX or other legal requirements.

Where appropriate, the Complainant(s) shall be offered the opportunity to participate in the hearing without being in the presence of the Respondent(s), or accommodations shall be made so that the Complainant(s) may participate in the hearing without facing the Respondent(s). Similarly, where appropriate, the Respondent(s) shall be offered the opportunity to participate in the hearing without being in the presence of the Complainant(s), or accommodations shall be made so that the Respondent(s) may participate in the hearing without facing the Complainant(s). A transcript or audio recording of any hearing shall be made.

Failure to cooperate with or interference in an investigation may result in discipline up to and including discharge for employees (including faculty members), and suspension or expulsion for students, in accordance with the College's established grievance procedures. 

In arriving at its ultimate determination as to whether sexual harassment/misconduct occurred, the Hearing Board shall be guided by a standard of the preponderance of the evidence in the information before it, considered as a whole. The determination will be based on the majority vote of the Hearing Board.

Section K-2

Report of the Hearing Board

K-2.a. Communication of the Hearing Board's Decision

In cases arising from a formal complaint, the Hearing Board shall state whether an act of sexual harassment/misconduct occurred together with a summary of the basis for the Board’s determination and the options for appeal, in a written report to the Complainant, the Respondent, and the Dean of Faculty (or the President, in cases against the Dean of the Faculty). The Hearing Board shall also communicate in writing to the Dean of the Faculty (or the President, in cases against the Dean of the Faculty) and the Respondent any recommendations for sanctions against the Respondent. The Hearing Board shall state whether an act of sexual harassment/misconduct occurred.

If the Hearing Board recommends a sanction, the Dean of the Faculty shall forward this recommendation to the President, who shall determine whether to impose that sanction or a different sanction.  In case of a complaint against the Dean of Faculty, the Hearing Board shall give its recommendation directly to the President.

The Hearing board cannot recommend fixed-term suspension or termination of tenure or of fixed‐term appointment prior to expiration. Should a substantially new allegation come to light during proceedings, the Hearing Board shall refer that new allegation to the Committee on Advancement and Tenure, which will proceed according to the procedures of Section J‐3. The Hearing Board shall complete its hearing of the allegation before it.

Any sanctions imposed on the Respondent that directly relate to the Complainant’s participation in college programs shall be disclosed to the Complainant in writing.

The Respondent and the Complainant may each appeal to the Appeals and Review Committee the dismissal of the complaint by the Hearing Board or any action by the President that is based on a recommendation by the Hearing Board. The Appeals and Review Committee does not hold a new hearing. Its review is limited to determining whether due process has been followed, whether the dismissal or any action of the President was based on a body of evidence sufficient to allow for a reasonably well informed judgment, and/or whether there is any new evidence so substantial that the complaint should be reconsidered. It will make its determinations according to a majority vote of the committee. 

If the Appeals and Review Committee rejects the dismissal of the complaint, it will refer the complaint back to the Grievance Hearing Board for a new investigation of the complaint. If the Committee considers an action of the President to be not based on a body of evidence sufficient to allow for a reasonably well informed judgment or considers that there is substantial new evidence that was not considered by the Grievance Hearing Board, it will refer the case back to the Grievance Hearing Board for reconsideration.

In the case of an appeal, the Appeals and Review Committee will normally complete its work within ten days of receipt of the appeal.

L. Procedures for Fixed-Term Suspension or Termination of Academic Tenure or Termination of Fixed-Term Appointment Prior to Expiration in Response to Charges of Sexual Harassment/Misconduct

In cases of alleged sexual assault, informal resolution is not an appropriate tool and will not be used by the College to resolve complaints. In other cases, prior to or in lieu of Section L proceedings, the College and the faculty member may agree to informal resolution, such as arbitration or mediation. If such a resolution of the matter cannot be agreed upon, either the Committee on Advancement and Tenure or the Dean of the Faculty, after consultation between them, may present formal charges against the faculty member to the Committee on Tenure.

The Committee on Tenure (not to be confused with the Committee on Advancement and Tenure) shall consist of the Faculty members of the Appeals and Review Committee with the following exceptions:

-If the person whose termination or fixed-term suspension is proposed is a member of the Committee, he or she shall withdraw until his or her case is completed.

-Any member of the Committee who feels in his or her own judgment that he or she cannot participate impartially in a particular case shall withdraw for the duration of the case.

Vacancies because of one or two withdrawals shall be filled by faculty members chosen by the remaining members of the Committee from the nominating ballot of the most recent election for the Appeals and Review Committee. If this does not yield sufficient numbers to constitute the Committee on Tenure, the President shall appoint the remaining members. 

The Committee on Tenure shall within three days appoint an Investigating Committee of five faculty members on academic tenure, one of whom shall be chosen from among three nominated by the Respondent, one of whom shall be chosen from among three nominated by the President, and one of whom shall be chosen from among three nominated by the Committee on Advancement and Tenure. The Investigating Committee shall choose its own chair.

The Respondent shall be fully informed in writing of the charges against him or her and shall have the opportunity to respond to the charges, to be heard in his or her own defense, to produce witnesses in his or her own behalf and to have with him or her at most two advisers of his or her own choosing and drawn from the college community. The Complainant shall have the same opportunity to produce witnesses and have advisers. Where witnesses cannot or will not appear, but the Investigating Committee determines that the interests of justice require admission of their statements, the Investigating Committee will identify the witnesses in any hearing and introduce their statements.

The Complainant and the Respondent may be present at the hearing if they choose, or they may choose to participate in the hearing by telephone or video conference. Neither the Respondent nor the Complainant shall be allowed to cross-examine the other during the hearing. Questions may be submitted by the Complainant and the Respondent in advance to the Investigating Committee, which shall decide whether those questions are relevant to the matter and, where applicable, in compliance with Title IX or other legal requirements.

Where appropriate, the Complainant shall be offered the opportunity to participate in the hearing without being in the presence of the Respondent, or accommodations shall be made so that the Complainant may participate in the hearing without facing the Respondent. Similarly, where appropriate, the Respondent shall be offered the opportunity to participate in the hearing without being in the presence of the Complainant, or accommodations shall be made so that the Respondent may participate in the hearing without facing the Complainant. Outside counsel may attend, but may not speak during hearings and the proceedings that form part of the investigation.

Failure to cooperate with or interference in an investigation may result in discipline up to and including discharge for employees (including faculty members), and suspension or expulsion for students, in accordance with the College's established grievance procedures.

The Investigating Committee may see all documents held by the College that pertain to the case. The Committee shall hold such hearings as may be necessary to fully explore the charges. A complete transcript or audio recording of all hearings shall be kept and a transcript shall be prepared and supplied to the person charged upon his or her request. The hearings shall be open to the Faculty only if the Respondent and the Complainant agree to this.

Upon the completion of its investigation, the Investigating Committee shall meet, consider the evidence, and reach its conclusions by a majority vote reached by a secret ballot in which the chair shall have the right to vote. The Committee will make its judgments according to the preponderance of the evidence in the information before it, considered as a whole.

If the proceedings have arisen from a formal complaint, the Complainant shall receive a written statement of the Investigating Committee’s determination as to the merits of the allegations, including a determination of whether or not an act of sexual harassment/misconduct severe enough to warrant fixed-term suspension or termination of tenure or fixed-term appointment prior to expiration occurred, and a statement of the grounds for the determination. Any decision to recommend suspension or termination should be based on a careful consideration of whether or not the nature of the accusation and the nature of the evidence in support of that accusation are sufficient to warrant such a sanction.  The Investigating Committee shall submit a written report to the President, the person charged, the Committee on Advancement and Tenure, and the Title IX Coordinator.  The report shall include a summary of the Committee's findings and recommendations of the disposition of the case and shall have attached a transcript of any hearings of which transcripts have been prepared.  If the Investigating Committee concludes that adequate cause for suspension or termination has not been established by the evidence in record, it will so state in its report.  If the Investigating Committee concludes that an academic penalty less than suspension or termination would be more appropriate, it will so recommend in its report, with supporting reasons.  If the Investigating Committee recommends in favor of suspension or termination, the report shall provide explicit reasons in support of such a recommendation.

The Investigating Committee shall normally complete its investigation within fifteen working days of its appointment, unless the complaint originates from a complaint filed directly with the Chair of the Grievance Review Panel, in which case, the Investigating Committee shall normally complete its investigation within thirty working days of its appointment.

The President or his or her designated representatives shall have the right to attend any hearings or meetings of the Investigating Committee or the Committee on Tenure as an observer.

The President may seek clarification or further information from the Investigating Committee, and this additional information will become a part of the report of the Committee. Within three days of receiving the final report of the Investigating Committee, both the Respondent and the Complainant (where applicable) may submit a written statement of his or her position to the President. The President shall either accept or reject the findings and recommendations of the report. He or she will inform in writing the Investigating Committee, the Respondent and the Complainant (where applicable) of his or her decision, stating the reasons for his or her action in the case where the report is rejected, and making clear the options for appeal. The President will provide an opportunity for a written response before transmitting the case, including all supporting documentation, to the Board of Trustees within five days of receiving the final report of the Investigating Committee.

The Respondent, the Complainant (where applicable) or the President may request a review and recommendation from the Appeals and Review Committee, based on the record of the Investigating Committee hearing, supplemented by any written statements which the Investigating Committee, the President, or the affected faculty member may wish to submit. The review of the Appeals and Review Committee shall be limited to determining whether due process has been followed, whether the determination of the Investigating Committee was based on a body of evidence sufficient to allow for a reasonably well informed judgment, and whether there is any new evidence that is so substantial that the Investigating Committee should reconsider its conclusions. It will make its determinations according to a majority vote of the committee, and will normally complete its work within ten days of receipt of the appeal.

If the President recommends termination or fixed-term suspension, the President will transmit to the Board of Trustees the entire record of the case, including the result of any appeal to the Appeals and Review Committee. The Board of Trustees’ review will be based on this record, and the Board of Trustees will provide opportunity for an appeal, oral or written or both, by the principals in the case or by their representatives. The decision of the Investigating Committee will either be sustained or the proceedings returned to the Committee with specific objections.  The Investigating Committee will then reconsider, taking into account the stated objections and receiving new evidence if necessary. The Board of Trustees will make a final decision only after study of the Committee’s reconsideration. The Board of Trustees’ review of the case will, in the absence of any appeal, normally take no more than ten days.

The President, after consultation with the Committee on Tenure, may suspend a respondent during the proceedings if immediate harm to him or herself, the College, or others is threatened by his or her continuance or if his or her continued presence on campus is judged to have a sufficiently negative impact on the Complainant. Any such suspension shall be with pay.

The Board of Trustees shall fix any financial arrangements with respect to termination. Fixed-term suspension shall normally extend over not more than one academic year. Such suspension will be without pay or benefits, except for health insurance benefits.

M. Complaints against Members of the Faculty involving Allegations of Sexual Harassment that Fall under the Jurisdiction of Title IX

Section M-1

Preliminary Considerations

M-1.a. Overview

The following three sections of the Rules of Procedure, M, N, O, detail the procedures for complaints against faculty members involving sexual harassment that fall under the jurisdiction of Title IX.

These procedures are intended to create an environment free of sex-based discrimination and harassment in accord with the College's regulations and policies, the Honor Principle, Title IX  and the requirements of the U.S. Department of Education's Office of Civil Rights. These procedures are not intended to regulate academic discourse or content of speech. Academic discourse involving acts or speech of a sexual nature, even if perceived by some as offensive, is not sufficient basis in and of itself to establish sexual harassment. Discourse that is germane to the scholarly exploration of the subject matter will generally not meet this test.

For all Title IX sexual harassment cases conducted under section M, N, and O, the Complainant and the Respondent each may retain two Advisors of their choice, who may be but need not be legal counsel. The role of the Advisor is to help the Complainant or Respondent prepare for any investigation or hearing, and to conduct cross-examinations of the other Party and any relevant witnesses at any hearing. Such cross-examinations will not be conducted by the Complainant or the Respondent.

The Title IX Coordinator and anyone who has been designated to perform functions in the grievance process shall endeavor to the degree possible to protect the confidentiality of Complainants and Respondents, but must comply with obligations and responsibilities placed on the College by Title IX regulations.  The Dean of the Faculty will be advised of reports or complaints of sexual harassment involving faculty.

Complainants, Respondents and witnesses are required to keep confidential the details of any Formal Complaint investigation, resolution or grievance hearing. They may disclose their own experiences that led to the filing of a Formal Complaint, and they may disclose details of the case to confidential parties, such as counselors, clergy, family members or the Advisors allowed by this policy. They may also state that they are participating or have participated in a complaint or grievance procedure, whether as Complainant, Respondent, witness, or in another role. They must, however, keep confidential any details about the proceedings, the other participants, and any new information gained from testimony given or evidence submitted as part of a hearing or investigation, except as required for Complainant or Respondent to develop their respective cases. Complainants and Respondents may, after the completion of the process, including all appeals, also disclose three additional pieces of information: the name of the Respondent; the institution’s final determination concerning the allegation of sexual assault; and any sanction imposed on the Respondent (if applicable).

As outlined in the Title IX policy, Title IX prohibits retaliation against any Party or participant in the Title IX reporting or grievance process.  Retaliation includes intimidation, threats, coercion or adverse employment or educational actions taken against an individual because of the individual’s participation in the reporting, investigation or resolution of a complaint. Retaliation may include acts committed by Complainants, Respondents or any other individual or group of individuals. A student Complainant may bring to the Title IX Coordinator’s attention any concerns about completion of a particular course or concerns about any evaluations of their performance by faculty. The Title IX Coordinator will follow relevant college policy where it exists, and consult with and inform the Dean of Faculty as appropriate to address the concerns. 

If sanctions have been imposed under the provisions of Section N or O, and appeal is unsuccessful, a statement of these sanctions and of their grounds shall be placed in the Respondent’s evaluation file.  Informal or mediated resolutions of Title IX Formal Complaints arising from a section M proceeding may stipulate that an appropriate statement be placed in the Respondent’s evaluation file. In cases where a Respondent is not found responsible for a violation of the Title IX policy, after an  investigation and hearing under Sections N and O results, the Committee on Advancement and Tenure shall insert a statement to that effect into the evaluation file.

All records arising from Formal Complaints against members of the Faculty, and all records arising from resolutions of Formal Complaints, shall be kept by the Title IX Coordinator in confidential files separate from all other records pertaining to a faculty member. As stated in the Community Constitution, these files shall be maintained for the duration of a faculty member’s employment at ¹û½´ÊÓƵ, or longer if legally required, and shall be destroyed at the end of that period.

In the event that an investigation or hearing according to the procedures of Sections N or O overlap in time with a personnel review affecting title, salary, or term of service of the Respondent, that personnel  review shall be suspended pending the final outcome of those Title IX procedures. As soon as the Title IX procedures are complete, the personnel review will be resumed, and no financial or status penalty will accrue to the Respondent solely by virtue of the delay.

The time limits identified in this policy, including for the procedures of Sections N and O, shall be observed in normal circumstances, but may be extended for good cause shown, provided that prompt resolution of a Formal Complaint is not prevented by the extension.

Section M-2

Formal Complaints under Title IX

M-2.a. Filing a Formal Complaint

A Formal Complaint is a document, electronic or hard copy, signed by a Complainant or the Title IX Coordinator that alleges sexual harassment and requests an investigation. For the purposes of sections M, N, and O, a Complainant is defined as an individual who is alleged to be the victim of the conduct alleged in the Formal Complaint.

Written notice of all Formal Complaints will be sent to both the Complainant and the Respondent upon receipt of the Formal Complaint.

Where allegations overlap, separate Formal Complaints may be consolidated.

The Title IX Coordinator may dismiss a Formal Complaint or allegations contained in a Formal Complaint if the Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations made in it. The Title IX Coordinator may also dismiss the Formal Complaint if the Respondent is no longer employed by ¹û½´ÊÓƵ or in situations where the circumstances prevent the College from gathering evidence sufficient to reach a determination as to the allegations contained in the Formal Complaint.

The Title IX Coordinator must dismiss the Formal Complaint if the allegations, if true, would not meet the Title IX definition of sexual harassment; if the Complainant is not participating in or attempting to participate in a ¹û½´ÊÓƵ educational program; or if the alleged actions did not take place within the United States or as part of an educational activity or program where ¹û½´ÊÓƵ exercised substantial control over both the Respondent and the context in which the sexual harassment occurred.

Complainants and Respondents will receive written notice and explanation of any dismissal by the Title IX Coordinator, and Complainants and Respondents have a right to appeal that dismissal decision to the Faculty Appeals and Review Committee within five days of the date of the notice.   If the Complainant or the Respondent presents compelling evidence as to why the dismissal is inappropriate, the President shall refer the matter back to the Title IX Coordinator to initiate an investigation.  Otherwise, the President will affirm the dismissal. The President will provide written notice of their decision to the Complainant, the Respondent and the Title IX Coordinator.

At all times, the Complainant has the right to file a criminal complaint with law enforcement or to seek civil remedy, in addition to the College's procedures.

The College may place a Respondent on administrative leave during the proceedings described in this policy if the Respondent’s continued presence on campus is judged to have a sufficiently negative impact on the Complainant, the College or others in the community. Any such suspension shall be with pay.

In cases of alleged sexual harassment involving students, informal resolution is not an appropriate tool and will not be used by the College to resolve Formal Complaints. In other cases, Respondent and Complainant may agree to informal resolution at any time after the Formal Complaint is filed.  If such a resolution of the matter cannot be agreed upon, the matter shall proceed according to the procedure in Section N.  

N. Grievance Procedures in Cases involving Allegations of Sexual Harassment that Fall under the Jurisdiction of Title IX

Section N-1

Investigation

N-1.a. Initiation of Investigation

The Title IX Coordinator shall ensure that the Formal Complaint is promptly investigated. The Title IX coordinator shall appoint an Investigator, the Dean of Faculty or other designee, to conduct this investigation. Upon the receipt of a Formal Complaint against a faculty member, the Title IX Coordinator will notify the Dean of Faculty.

The Investigator will interview Complainant, Respondent and other individuals identified as having information pertinent to the case, and pertinent evidence shall be reviewed. Written notice will be provided for any investigative interviews or meetings. Complainants and Respondents and their advisors will receive evidence directly pertaining to the allegations, in electronic format or hard copy, with at least ten days to respond to the evidence. The purpose of the investigation is to establish whether or not there is sufficient evidence that sexual harassment has occurred. The investigation shall be completed promptly.

The Investigator shall not access the Complainant’s or Respondent’s medical, psychological, or similar treatment records without the Party’s voluntary, written consent.

Failure to cooperate with or interference in an investigation may result in discipline up to and including discharge for employees (including faculty members), in accordance with the College's established grievance procedures.

On the basis of the investigation, the Investigator shall prepare an initial written report describing the Formal Complaint allegations and the response (or absence of a response) and a summary of relevant evidence. Copies of the relevant evidence will also be provided to the Parties at this time.

The initial investigative report may make a recommendation of whether it is more likely than not that sexual harassment occurred but may not make a determination of responsibility. The initial investigative report may also recommend sanctions.

Before completion of the investigative report, the initial report will be shared with the Parties and their Advisors, and the Parties will have ten days to provide a written response to the report. After receiving responses from the Parties, or after ten days has elapsed with no response, the Investigator will complete any follow up deemed necessary, write a final investigation report, and submit it, along with the relevant evidence, to the Parties and the Title IX Coordinator.

Faculty and staff complainants will be offered the opportunity for informal resolution after the investigation report is completed.  In cases of alleged sexual harassment involving students, informal resolution is not an appropriate tool and will not be used by the College to resolve Formal Complaints.

Parties must consent, in writing, to informal resolution. If such a resolution of the matter cannot be agreed upon, or if the Parties do not consent to informal resolution, the matter shall proceed according to the procedure in Section N. 

The matter will then be referred to a live hearing as set forth in Section N-2, below.

Section N-2

Live Hearing by Hearing Officer

N-2.a. Notification of Dean of Faculty and Hearing Officer

Within ten working days of the receipt of an investigation report from the Investigator, the President shall appoint a neutral, third-party Hearing Officer, and the Title IX Coordinator shall notify that Hearing Officer of a need for a live hearing. 

The Hearing Officer shall consult with the Parties regarding the witnesses to be called, the evidence to be presented at the hearing, and potential dates for the live hearing.

The Hearing Officer will conduct a live hearing, and the Investigating Committee, which is responsible for recommending sanctions, will attend the hearing.  The Investigating Committee will be selected by the Committee on Advancement and Tenure and will be comprised of five faculty members on academic tenure. The Hearing Officer shall also consult with the Investigating Committee regarding questions to be asked at the hearing.

The Complainant(s) and the Respondent(s) may be present at the hearing if they choose, or they may choose to participate in the hearing by telephone or video conference. The Advisors for the Complainant and the Respondent may cross-examine the other Party or any witness directly, orally and in real time.  The Hearing Officer will be responsible for deciding, before the questions are asked, whether those questions are relevant to the matter and, where applicable, in compliance with Title IX or other legal requirements. Questions may be submitted in writing by Respondent(s) and Complainant(s) in advance of the hearing or during the hearing to the Hearing Officer, who will decide whether those questions are relevant and in compliance with Title IX or other legal requirements. If a Party does not have an advisor, the College will provide, without cost, an Advisor of its choice to conduct the cross-examination on the Party’s behalf.  A transcript of any hearing shall be made.

The Hearing Officer reserves the right to remove an Advisor who disobeys expectations and rules of decorum or who questions a Party or witness in an abusive, intimidating, harassing, or disrespectful manner, or who repeatedly asks non-relevant questions that are harassing, intimidating, disrespectful or redundant in content despite being warned by the Hearing Officer. In the instance that an Advisor is removed, the live hearing may be suspended until a later date to permit an alternative Advisor to be obtained or assigned.

The Hearing Officer shall not draw an inference about the determination regarding responsibility based solely on a Party’s or a Witness’s absence from the live hearing or refusal to answer cross-examination or other questions. The Hearing Officer will make the final determination as to whether sexual harassment occurred, guided by a standard of the preponderance of the evidence.

Failure to cooperate with or interference in an investigation or failure to participate in a hearing may result in discipline up to and including discharge for employees (including faculty members) in accordance with the College's established grievance procedures.

Section N-3

Report of the Hearing Officer and Investigating Committee Recommendations

N-3.a. Hearing Officer's Determination of Responsibility

The Hearing Officer shall communicate their determination as to whether an act of sexual harassment has occurred together with a summary of the basis for the determination in a written report to the Investigating Committee and the Title IX Coordinator (or their designee).

In cases where the Hearing Officer determines sexual harassment has more likely than not occurred, recommendations for sanctions will be in the purview of the Investigating Committee.  The Investigating Committee shall review the Hearing Officer’s determination of responsibility and add its recommendations for sanctions, with supporting reasons, against the Respondent.  This combined report of the Hearing Officer and Investigating Committee recommendations will be communicated in writing to the Title IX Coordinator, Dean of the Faculty (or the President, in cases against the Dean of the Faculty), the Respondent and Complainant.

Possible sanctions range from training, through holding at rank or reducing in rank, to suspension and termination.

The Title IX Coordinator shall forward the determination of responsibility and recommendation concerning sanctions to the President.  The President will accept or reject the Investigating Committee’s recommendation concerning sanctions and issue a written determination to the Parties and the Title IX Coordinator containing a determination of responsibility and a decision regarding sanctions.

In the case of a recommended sanction of fixed term suspension or termination, the President’s decision regarding sanctions will be made in consultation with the Committee on Advancement and Tenure, and the decision shall be based on a careful consideration of the nature of the case and nature of the evidence in support of the finding of responsibility to warrant such a sanction. The Committee on Advancement and Tenure shall be represented by its regular appointed members for that year with the following exceptions: first, if the person whose termination or fixed-term suspension is proposed is a member of the Committee, that person shall withdraw until the case is completed; second, any member of the Committee who feels in their judgment unable to participate impartially in a particular case shall withdraw for the duration of the case. Vacancies because of one or two withdrawals shall be filled by faculty members chosen by the remaining members of the Committee from the nominating ballot of the most recent election for the Committee on Advancement and Tenure. If this does not yield sufficient numbers to constitute seven members, the President shall appoint the remaining members.

If the President rejects the Investigating Committee’s recommendation concerning sanctions, the President will state in the written determination the reasons for rejecting the recommendation.  Within five days, both the Respondent and Complainant may submit a written statement of their position regarding the sanction to the President for reconsideration.  The President may uphold the sanction contained in the written determination or revise the sanction contained in the written determination based on those statements.

After receiving the Parties’ statements regarding the sanction, or after five days have elapsed with no statements from the Parties, the President will then provide the written determination to the Parties, the Title IX Coordinator, and (in the case of a sanction of fixed term suspension or termination only) the Board of Trustees.

O. Procedures for Appeals that Fall Under the Jurisdiction of Title IX

Within ten days after the President has reconsidered their determination regarding sanctions (if applicable), the Parties may appeal the determination of responsibility and/or the sanction to the Faculty Appeals and Review Committee on the following grounds: a procedural irregularity that affected the outcome; insufficient evidence presented to allow for a reasonably well informed judgment; new evidence that was not available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and the Title IX Coordinator Hearing Officer, or member of Investigating Committee had a conflict of interest or bias that affected the outcome of the matter. The Faculty Appeals and Review Committee does not hold a new hearing. It will make its determinations according to a majority vote of the committee.  The Faculty Appeals and Review Committee will generally make its decision within ten days, and will issue a written decision to the Parties, the Title IX Coordinator, the President, and (in the case of a sanction of fixed term suspension or termination only) the Board of Trustees.

The Faculty Appeals and Review Committee shall be represented by its regular appointed members for that year with the following exceptions: first, if the person whose termination or fixed-term suspension is proposed is a member of the Committee, that person shall withdraw until the case is completed; second, any member of the Committee who feels in their judgment unable to participate impartially in a particular case shall withdraw for the duration of the case. Vacancies shall be filled by faculty members chosen by the remaining members of the Committee from the nominating ballot of the most recent election for the Appeals and Review Committee. If this does not yield sufficient numbers to constitute a full committee, the President shall appoint the remaining members.

In the case of a sanction less than a fixed term suspension or termination, the decision of the Faculty Appeals and Review Committee will be final. 

In the case of a sanction or fixed term suspension, the Parties will have an opportunity to submit a final appeal to the Board of Trustees within ten days of the decision of the Faculty Appeals and Review Committee. If the matter is not appealed to the Faculty Appeals and Review Committee, the Parties will have twelve days from the date of the President’s written determination to file an appeal to the Board of Trustees. The Board of Trustees’ review will be based on the record, and the Board of Trustees will allow the Parties to submit written or verbal responses. The Board of Trustees will then make a final decision regarding both the determination of responsibility and the sanction. The Board of Trustees shall fix any financial arrangements with respect to termination. Fixed-term suspension shall normally extend over not more than one academic year. Such suspension will be without pay or benefits, except for health insurance benefits.

Appendix I - AAUP Statement on Professional Ethics

1. Professors, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end professors devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although professors may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry.
2. As teachers, professors encourage the free pursuit of learning in their students. They hold before them the best scholarly and ethical standards of their discipline. Professors demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Professors make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student's true merit. They avoid any exploitation, harassment, or discriminatory treatment of students. They acknowledge significant academic or scholarly assistance from them. They protect their academic freedom.
3. As colleagues, professors have obligations that derive from common membership in the community of scholars. Professors do not discriminate against or harass colleagues. They respect and defend the free inquiry of associates. In the exchange of criticism and ideas professors show due respect for the opinions of others. Professors acknowledge academic debt and strive to be objective in their professional judgment of colleagues. Professors accept their share of faculty responsibilities for the governance of their institution.
4. As members of an academic institution, professors seek above all to be effective teachers and scholars. Although professors observe the stated regulations of the institution, provided the regulations do not contravene academic freedom, they maintain their right to criticize and seek revision. Professors give due regard to their paramount responsibilities within their institution in determining the amount and character of work done outside it. When considering the interruption or termination of their service, professors recognize the effect of their decision upon the program of the institution and give due notice of their intentions.
5. As members of their community, professors have the rights and obligations of other citizens. Professors measure the urgency of these obligations in the light of their responsibilities to their subject, to their students, to their profession, and to their institution. When they speak or act as private persons they avoid creating the impression of speaking or acting for their college or university. As citizens engaged in a profession that depends upon freedom for its health and integrity, professors have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.

Appendix II - Resolutions Adopted by the Faculty Governing Conduct of Faculty Meetings

1. The practice of using a tabling motion to cut off discussion of an issue before the Faculty is prohibited in meetings of the Faculty. (September 6, 1962)
2. New business may be introduced at special Faculty meetings by two-thirds vote of those present, provided that a quorum of 60 percent of the Faculty not on leave or sabbatical is present when this procedure is invoked. The Clerk shall be responsible for determining the existence of such a quorum. (September 29, 1969)
3. Regular and special meetings of the Faculty shall be considered to be closed to all members of the community except those defined as Faculty in Article I, Section 1 of the Faculty Constitution of ¹û½´ÊÓƵ. Other community members, for example staff or students, may be invited to attend and participate as non-voting members upon invitation by the Faculty. (March 30, 1970)
4. A Motion to reconsider shall require at least 48 hours written notice to the Faculty. (December 7, 1970)
5. The Committee on Academic Policy and Planning shall report its findings and recommendations to the Faculty on all matters except new courses before spring vacation. (November 27, 1972)
6. A motion to ban smoking at Faculty meetings. (May 14, 1973)