Title IX- Faculty or Staff Responding Party

For responding parties that are faculty, staff members, or the Promotion and Tenure Committee, the investigative team decides whether or not there is sufficient information to support a policy violation. Sanctions can then be determined by the investigative team. Any findings of "in violation" and/or sanctions contested by the responding party will be reviewed by the hearing panel process.

For faculty or staff members, recommended sanctions are provided to and finalized by the hiring manager and appropriate administrator.

For the Promotion and Tenure Committee, recommended sanctions are provided by the Chairperson of the Promotion and Tenure Committee and the Provost and Vice President for Academic Affairs.

Finding of In Violation for a Responding Party who is faculty, staff, or the Promotion and Tenure Committee:

In allegations involving a responding party who is faculty, staff, or the Promotion and Tenure Committee, where the finding id that a violation of one or more policies has occurred, the parties will be notified of the finding, recommended sanctions, and remedies in writing, as indicated below, by the Title IX Coordinator. As further outlined below, the responding party may:

• accept the findings and recommend sanctions as presented,
• accept the findings and recommend sanctions in part or reject them in part, or
• reject all the findings and recommended sanctions.

1. The parties will receive written notification of the outcome of the investigation typically within 1-2 days of the Title IX Coordinator's review without undue delay between notifications to the parties. This written notification will inform the parties about the finding, recommended sanctions, and remedies, rationale for the determination, when a decision of the College is considered final, that recommended sanctions are in effect immediately unless otherwise indicated by the Title IX Coordinator, and will include information on the right to appeal, and the procedures for doing so in accordance with the standards for appeal established by the policy.
2. If the responding party accepts the finding and recommended sanctions, the complaint resolution process is concluded.
3. If the responding party rejects the finding and/or recommended sanctions, the Title IX Coordinator will forward the allegation to begin the hearing panel process.
4. In cases in which the responding party accepts some findings and/or recommended sanctions and rejects others, the findings and/or recommended sanctions accepted by the responding party will stand, and a hearing panel will be convened solely to resolve the contested findings. The implementation of the sanctions is usually delayed until the outcome of the hearing on the contested findings and/or recommended sanctions is determined and is subject to appeal in accordance with the standards for appeal established by the policy.

The hearing panel process is utilized for a responding party who is faculty, staff, or the Promotion and Tenure Committee and who has been found in violation through the investigation process and the responding party rejected the findings and/or sanctions in whole or in part.

Contested findings involving a faculty or staff responding party are decided by a five-person panel. Hearings typically occur within ten (10) business days of notification of a contested finding. Five (5) hearing panel members and one alternate member will be appointed by the Title IX Coordinator as follows:

1. If the responding party is a faculty member, a minimum of two (2) hearing panel members will be selected from the faculty. In allegations involving the classroom or other instances in which academic freedom may be a consideration, three (3) hearing panel members will be selected from the faculty.
2. If the responding party is a staff member, a minimum of two (2) hearing panel members will be selected from the staff.

In addition, each hearing panel may include one of the following responsible administrators:

1. If the responding party is a faculty member: the Associate Provost and Dean of Academic Services, the Dean of College Programs and Special Assistant to the Provost, or the Director of the Office of Institutional Effectiveness and Planning.
2. If the responding party is a staff member, group/program, or third party consultant/contractor: the Assistant Vice President of Human Resources or the Director of Human Resource Services.
3. If the reporting party is a student: the VP for Student Affairs and Dean of Students, the Associate/Assistant Dean of Students, the Director of Campus Safety, other responsible administrator within Student Affairs, or the Associate Registrar for Publications and Graduate and Professional Studies. 

For more information on the Hearing Panel Process and Procedures, refer to the policy (Section III F). 

An appeal is not intended to be a new investigation. In most cases, an appeal is confined to a review of the written documentation and pertinent documentation regarding the grounds for appeal. An appeal is not an opportunity to substitute judgment for that of the investigation team or hearing panel merely because of disagreement with the finding and/or recommended sanction/remedy. Appeal decisions are to be deferential to the investigative team and/or hearing panel, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so. Disagreement with the finding or sanctions/remedy is not, by itself, grounds for an appeal. 

The ONLY grounds upon which an appeal may be made are:

• Procedural Error
• New Information
• Disproportionate Sanction(s)

For more information on the appeals process and potential outcomes, refer to the policy (Section IV).

Appeal Committee Selection 

The Title IX Coordinator will assemble at least three (3) individuals from the trained pool of Deputy Title IX Coordinators, responsible administrators, investigators, faculty, staff, and/or members of the Grievance Panel to form an appeals committee to review the case and appeal statements, and determine if the grounds for the appeal are substantiated. Every effort is made to identify and mitigate potential conflicts or bias in selecting members of the appeal committee. Each party has the opportunity to identify potential conflicts and those individuals will be replaced unless individuals remaining in the trained pool have been exhausted. The review of an appeal typically occurs within ten (10) business days of notification of a contested finding and/or sanction.

Composition of the appeals committee for contested findings and/or sanctions are as follows:

• If the responding party is a faculty member, a minimum of two (2) hearing panel members will be selected from the faculty. In allegations involving the classroom or other instances in which academic freedom may be a consideration, three (3) hearing panel members will be selected from the faculty.
• If the responding party is a member of the administration or staff, a minimum of two (2) hearing panel members will be selected from the administration or staff.

In addition, for faculty and staff, each appeal committee may include one of the following responsible administrators:

• If the responding party is a faculty member: the Associate Provost and Dean of Academic Services, the Dean of College Programs and Special Assistant to the Provost, or the Director of the Office of Institutional Effectiveness and Planning.
• If the responding party is a member of the administration or staff: the Assistant Vice President of Human Resources, or the Director of Human Resource Services.