Equal Opportunity Grievance Procedure

Effective Date
September 2026
Last Revision Date

Policy Owner
College President
Additional Authority
External: Title VI, Title VII, Title IX, Violence Against Women Act, Fair Housing Act, Clery Act

1. Scope

The Policy applies to all Employees, Students, and other individuals participating in or attempting to participate in Western’s Education Program or Activities, including education and employment.

The Policy prohibits all forms of Discrimination on the basis of the Protected Characteristic(s), and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with the Policy.

2. Notice of Nondiscrimination

Western seeks to comply with all federal, state, and local laws, regulations, and ordinances prohibiting Discrimination in public post-secondary education institutions.

Western does not discriminate against any Employee, applicant for employment, Student, or applicant for admission on the basis of:

• Age (40 years and over in the employment context)
• Color
• Disability (physical or mental)
• Ethnicity and ethnic characteristics
• Genetic information (including family medical history)
• National origin (including shared ancestry)
• Pregnancy or related conditions
• Race
• Religion
• Sex (including sex characteristics and sex stereotypes)
• Sexual orientation
• Veteran or military status (including disabled veteran, recently separated veteran, active-duty, wartime, or campaign badge veteran, and Armed Forces Service Medal veteran)
• or any other Protected Characteristic under applicable federal, state, or local law, including protections for those opposing Discrimination or participating in any resolution process within the institution, with the Equal Employment Opportunity Commission, and/or other human/civil rights agency.

The Policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the Western community whose acts deny, deprive, or limit the educational or employment, residential, and/or social access, benefits, and/or opportunities of any member of Western community, guest, or visitor on the basis of that person’s actual or perceived Protected Characteristic(s) listed above, is in violation of the Policy.

3. Equal Opportunity Team Contacts

Western has appointed the Equal Opportunity Team, comprised of the following individual(s), to coordinate Western’s compliance with federal, state, and local civil rights laws and ordinances:

For Student Sex Discrimination and Sex-based Harassment allegations and all Title IX allegations:

Heather Cutts
Compliance Coordinator
Institutional Effectiveness
3050B
2500 College Dr.
307-382-1748
compliance@westernwyoming.edu

For Student disability-based allegations:

Heather Cutts
Compliance Coordinator
Institutional Effectiveness
3050B
2500 College Dr.
307-382-1748
compliance@westernwyoming.edu

For Employee Non-Title IX Sex Discrimination and Sex-based Harassment allegations and disability-based allegations:

Megan Neal
Associate Vice President for Human Resources

3033
2500 College Dr.
307-382-1832
mneal@westernwyoming.edu

Collectively, these individuals are responsible for providing comprehensive nondiscrimination education and training; coordinating Western’s timely, thorough, and fair response; investigation and resolution of all alleged prohibited conduct under the Policy; and monitoring the effectiveness of, and any barriers to, accessing the Policy and related procedures to ensure an education and employment environment free from Discrimination, Harassment, and Retaliation.

Western has determined that the following administrators are Officials with Authority (OWAs) to address and correct Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct. In addition to the Equal Opportunity Team members listed above, these OWAs may also accept Notice or Formal Complaints on behalf of Western:

• Vice President of Student Services
• Vice President of Academic Affairs
• Dean of Students

Western recognizes that allegations under the Policy may include multiple forms of Discrimination and Harassment as well as violations of other Western policies; may involve various combinations of Students, Employees, and other members of the Western community; and may require the simultaneous attention of multiple Western departments. Accordingly, all Western departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable Western policies, to provide uniform, consistent, efficient, and effective responses to alleged Discrimination, Harassment, or Retaliation.

4. External Contact Information

Concerns about Western’s application of the Policy and compliance with certain federal civil rights laws may be addressed to:

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1100

Customer Service Hotline: (800) 421-3481

Facsimile: (202) 453-6012

TDD: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr

Office for Civil Rights (OCR)

Denver Office

Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310

Denver, CO, 80204-3582

Email: OCR.Denver@ed.gov

Fair Housing and Equal Opportunity (FHEO)

U.S. Department of Housing and Urban Development

Region 8 - Rocky Mountains

1670 Broadway, 23rd Floor

Denver, CO, 80202

Email: complaints_office_08@hud.gov

 

For allegations of Employee-on-Employee misconduct, contact the Equal Employment Opportunity Commission (EEOC).

EEOC Regional Office

303 East 17th Avenue, Suite 410

Denver, CO, 80203

5. Mandated Reporting and Confidential Resources

All Western Faculty and Employees (including Student-Employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions.[1] Supportive measures may be offered as the result of such disclosures without formal Western action.

Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these Employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

The following sections describe the available reporting options for a Complainant or third party (including parents/guardians when appropriate):

A. Confidential Resources

To enable Complainants to access support and resources without filing a Formal Complaint, Western has designated specific Employees as Confidential Resources. Those designated by Western as Confidential Resources are not required to report actual or suspected Discrimination, Harassment, Retaliation, or Other Prohibited Conduct in a way that identifies the Parties. They will, however, provide the Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or Western official unless a Complainant has requested the information be shared.

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following:

• On-campus licensed professional counselor(s)

Institutional counselors and/or the Employee Assistance Program are available to help free of charge and may be consulted on an emergency basis during normal working hours.

Employees who have confidentiality as described above, and who receive reports within the scope of their confidential roles, will submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client.

Failure of a Mandated Reporter, as described above, to report an incident of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct of which they become aware is a violation of Western policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a Respondent is a Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under the Policy.

A Mandated Reporter who is themselves a target of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct under the Policy is not required to report their own experience, though they are encouraged to do so.

6. Disability-Based Complaints

Complaints related to disability status and/or provision of accommodations are addressed using the procedures in the Equal Opportunity Policy. Allegations of Discrimination or Harassment on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect, will be resolved under the Equal Opportunity Policy under Procedure 2150A.3

For details relating to disability accommodations in Western’s resolution process, see https://www.westernwyoming.edu/consumer-information/policies-procedures/2000/policy-2150a.php.

7. Jurisdiction

The Policy applies to Western’s Education Program and Activities, to conduct that takes place on property owned or controlled by Western, at Western-sponsored events, and in any building owned or controlled by a Western-recognized student organization.[2]

The Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to Western’s Education Program or Activities. Western may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial Western interest.

A substantial Western interest includes:

• Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any federal, state, or local law.
• Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any Student, Employee, or other individual.
• Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder.
• Any situation that substantially interferes with Western’s educational interests or mission.

For disciplinary action to be issued for Title IX Sexual Harassment under the Policy, the Respondent must be a Western Student or Employee at the time of the Formal Complaint. For allegations other than Title IX Sexual Harassment, Western may issue disciplinary action under the Policy if the Respondent was a Western Student, or Employee at the time of the alleged misconduct. If the Respondent is unknown or is not a member of the Western community, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). Western can also assist in contacting local law enforcement if the individual would like to file a police report about criminal conduct.

All vendors serving Western through third-party contracts are subject to the policies and procedures of their employers.

When a party is participating in a dual/concurrent enrollment program, Western will coordinate with the party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the Notice under the appropriate policy and procedures based on the allegations and identities of the Parties.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the Title IX Coordinator may be able to assist and support a Student or Employee Complainant who experiences Discrimination in an externship, study abroad program, or other environment external to Western where Sexual Harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a Student or Employee’s education or employment environment, those effects can often be addressed remedially by the Title IX Coordinator if brought to their attention.

8. Supportive Measures

Western will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to Western’s Education Program or Activity, including measures designed to protect the safety of all Parties and/or Western’s educational environment and/or to deter Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

The Title IX Coordinator promptly makes supportive measures available to the Parties upon receiving Notice or a Formal Complaint. At the time that supportive measures are offered, if a Formal Complaint has not been filed, Western will inform the Complainant, in writing, that they may file a Formal Complaint with Western either at that time or in the future. The Title IX Coordinator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

Western will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair Western’s ability to provide those supportive measures. Western will act to ensure as minimal an academic/occupational impact on the Parties as possible. Western will implement measures in a way that does not unreasonably burden another party.

These actions may include, but are not limited to:

• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Policy modification and/or training
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, course schedules, etc.
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders or other restrictions may be referred to appropriate Student or Employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing resolution process under the Policy.

9. Online Harassment and Misconduct

Western policies are written and interpreted broadly to include online manifestations of any of the prohibited behaviors below, when those behaviors occur in or have an effect on Western’s Education Program or Activities or when they involve the use of Western networks, technology, or equipment.

Although Western may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to Western, it will engage in a variety of means to address and mitigate the effects.

Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites; sharing inappropriate content via social media; unwelcome sexual or Sex-based messaging; distributing, or threatening to distribute, nude or semi-nude photos or recordings; breaches of privacy; or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of Western community.

Nothing in the Policy is intended to infringe upon or limit a person’s free speech rights. Any Student’s online postings or other electronic communications, including technology-facilitated Bullying, Stalking, Harassment, etc., occurring completely outside of Western’s control (e.g., not on Western networks, websites, or between Western email accounts) will only be subject to the Policy when such online conduct can be shown to cause (or will likely cause) a substantial in-program disruption or infringement on/harm to the rights of others. Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided.

Employees’ off-campus harassing speech, whether online or in person, may be regulated by Western only when such speech is made in an Employee’s official or work-related capacity.

10. Prohibited Conduct

Students and Employees are entitled to an education and employment environment that is free of Discrimination, Harassment, and Retaliation. The Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom.

The sections below describe the specific forms of legally prohibited Discrimination, Harassment, and Retaliation that are also prohibited under Western policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of Western policy, though supportive measures will be offered to those impacted, and will implement remedies addressing the larger community, as appropriate.

All offense definitions encompass actual and/or attempted offenses.

Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may be alleged when there is a potential substantial similarity between incidents in which the proof of one could make it more likely that the other(s) occurred, and vice versa. Patterns may exist based on target selection, behavior similarity, or other factors. Where a pattern is found, it can be the basis to enhance sanctions accordingly.

Violation of any other Western policies may constitute Discrimination or Harassment when motivated by actual or perceived Protected Characteristic(s), and the result is a limitation or denial of Education or Employment access, benefits, or opportunities.

A. Discrimination

Discrimination is different treatment with respect to a person’s employment or participation in an Education Program or Activity based, in whole or in part, upon the person’s actual or perceived Protected Characteristic(s). Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

Discrimination can take two primary forms:

• Disparate Treatment Discrimination:
  • Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived Protected Characteristic and that:
    • Excludes a person from participation in;
    • Denies the person benefits of; or
    • Otherwise adversely affects a term or condition of a person’s participation in a Western program or activity.
      
      
  • Disparate Impact Discrimination:
    • Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
      • Excludes a person from participation in;
      • Denies the person benefits of; or
      • Otherwise adversely affects a term or condition of a person’s participation in a Western program or activity.

 

B. Discriminatory Harassment

• Unwelcome conduct on the basis of actual or perceived Protected Characteristic(s),
• based on the totality of the circumstances,
• that is subjectively and objectively offensive, and
• is so severe or pervasive,
• that it limits or denies a person’s ability to participate in or benefit from Western’s program or activity

C. Sexual Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of Wyoming regard Sexual Harassment, a specific form of Discriminatory Harassment, as an unlawful discriminatory practice.

Acts of Sexual Harassment may be committed by any person upon any other person, regardless of the Sex, sexual orientation, and/or gender identity of those involved.

Western has adopted the following definitions of Sexual Harassment in order to address the unique environment of an academic community. Two definitions are required by federal law. While they overlap, they are not identical, and they each apply as noted.

• Title VII/FHA Sexual Harassment applies to situations where an Employee is subjected to workplace Sexual Harassment or where a situation involves a residential Complainant in Western-provided housing.
• Unwelcome verbal, written, graphic, and/or physical conduct;
• that is severe or pervasive and objectively offensive;
• on the basis of Sex, that
• unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.

Title IX Sexual Harassment, as an umbrella category, includes the offenses of Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. This definition applies to all Formal Complaints that fall within Title IX jurisdiction as determined by the Title IX Coordinator. Sexual Harassment includes:

Conduct on the basis of Sex, or that is sexual in nature, that satisfies one or more of the following:

• Quid Pro Quo:
• An Employee of Western,
• conditions[3] the provision of an aid, benefit, or service of Western,
• on an individual’s participation in unwelcome sexual conduct. 

• Sexual Harassment (Hostile Environment):
• Unwelcome conduct,
• determined by a Reasonable Person,
• to be so severe, and
• pervasive, and,
• objectively offensive,
• that it effectively denies a Complainant equal access to Western’s program or activity.[4]
  
  
• Sexual Assault:

1. Rape:
   • Penetration, no matter how slight,
   • of the vagina or anus of a person,
   • with any body part or object, OR
   • Oral penetration
     • of a sex organ of the Complainant, or
     • by the Respondent’s sex organ,
   • without the consent of the Complainant,
   • including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity.

1. Fondling:[5][6]
   • The intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of the Complainant by the Respondent,
     • without the consent of the Complainant,
     • for the purpose of sexual degradation, sexual gratification, or sexual humiliation
   • Or, the intentional touching by the Complainant of the Respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts,
     • without the consent of the Complainant,
   • for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
     
     
2. Incest:

• Sexual intercourse,
• between persons who are related to each other,
• within the degrees wherein marriage is prohibited by Wyoming law.

1. Statutory Rape:

• Sexual intercourse,
• with a person who is under the statutory age of consent of 17 years old.
  
  
• Dating Violence:
• Violence,[7]
• on the basis of Sex,
• committed by a Respondent,
• who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
• The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
  • Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse
  • Dating Violence does not include acts covered under the definition of Domestic Violence

• Domestic Violence:[8]
• Violence,[9]
• on the basis of Sex,
• committed by a Respondent who is a current or former spouse or intimate partner of the Complainant,
• by a person with whom the Complainant shares a child in common, or
• by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
• by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Wyoming, or
• by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Wyoming. 
• Stalking:
• A Respondent engaging in a course of conduct,
• on the basis of Sex,
• directed at the Complainant, that
• would cause a Reasonable Person to fear for the person’s safety, or the safety of others; or
• Suffer substantial emotional distress.

For the purposes of this definition—

• Course of conduct means two or more acts, including, but not limited to acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling

D. Sexual Misconduct

• Sexual Exploitation:
• Any person taking non-consensual or abusive sexual advantage of another, that does not constitute Sexual Harassment as defined above,
• for their own benefit or for the benefit of anyone other than the person being exploited.

Examples of Sexual Exploitation include, but are not limited to:

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
• Distributing (e.g., Airdropping, Snapchatting, displaying on a device for others to see) Authentic or Synthetic Non-Consensual Intimate Imagery (NCII)[10]^,[11]
• Invasion of sexual privacy (e.g., doxxing)
• Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression
• Taking pictures, video, or audio recording of another person in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity; or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
• Prostituting another person
• Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
• Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
• Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
• Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
• Knowingly soliciting a minor for sexual activity
• Engaging in Sex trafficking
• Knowingly creating, possessing, or disseminating child sexual abuse images or recordings
• Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)

E. Other Prohibited Conduct (when motivated by the Complainant’s protected characteristic(s)/status)

• Bullying:
• Repeated and/or severe aggressive behavior
• that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant,
• that is not speech or conduct that is otherwise protected by the First Amendment.
  
  
• Endangerment:
• Threatening or causing physical harm;
• extreme verbal, emotional, or psychological abuse; or
• other conduct which threatens or endangers the health or safety of any person or damages their property.
  
  
• Hazing:
• Any act or action
• which does or is likely to endanger the mental or physical health or safety of any person
• as it relates to a person’s initiation, admission into, or affiliation with any Western group or organization.

For the purposes of this definition:

• It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of Hazing to be upheld
• It shall not constitute an excuse or defense to a Hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained
• The actions of alumni, active, new, and/or prospective members of a student group or student organization may be considered Hazing
  
  
• Retaliation
• Western or any member of the Western community,
• taking or attempting to take materially adverse action,
• by intimidating, threatening, coercing, harassing, or discriminating against any individual,
• for the purpose of interfering with any right or privilege secured by law or Policy, or
• because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy and associated procedures.

The exercise of rights protected under the First Amendment does not constitute Retaliation. It is also not Retaliation for Western to pursue disciplinary action against those who make materially false statements in bad faith in the course of a resolution process under the Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

• Failure to Comply/Process Interference
• Intentional failure to comply with the reasonable directives of the Title IX Coordinator in the performance of their official duties, including with the terms of a no contact order
• Intentional failure to comply with emergency removal or interim suspension terms
• Intentional failure to comply with sanctions
• Intentional failure to adhere to the terms of an Informal Resolution agreement
• Intentional failure to comply with mandated reporting duties as defined in the Policy
• Intentional interference with a resolution process, including, but not limited to:
  • Destroying or concealing evidence
• Seeking or encouraging false testimony or providing false testimony or evidence
• Intimidating or bribing a witness or party

F. Sanction Ranges

The following sanction ranges apply to Prohibited Conduct under the Policy. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the Respondent’s cumulative disciplinary record.

• Discrimination: reprimand/warning through expulsion or termination
• Discriminatory Harassment: reprimand/warning through expulsion or termination
• Title VII/FHA Sexual Harassment: reprimand/warning through expulsion or termination
• Quid Pro Quo Harassment: reprimand/warning through expulsion or termination
• Sexual Harassment (Hostile Environment): reprimand/warning through expulsion or termination
• Rape: suspension through expulsion or termination
• Fondling: reprimand/warning through suspension (termination for Employees).
• Incest: reprimand/warning through restrictions/probation
• Statutory Rape: reprimand/warning through suspension (termination for Employees)
• Stalking: restrictions/probation through expulsion or termination.
• Dating/Domestic Violence: restrictions/probation through expulsion or termination
• Sexual Exploitation: reprimand/warning through expulsion or termination.
• Bullying: reprimand/warning through expulsion or termination
• Endangerment: reprimand/warning through expulsion or termination
• Hazing: reprimand/warning through expulsion or termination
• Retaliation: reprimand/warning through expulsion or termination
• Failure to Comply/Process Interference: reprimand/warning through expulsion or termination

G. Consent, Force, and Incapacitation

As used in the Policy, the following definitions and understandings apply:

• Consent:
• knowing, and
• voluntary, and
• clear permission
• by word or action
• to engage in sexual activity.[12]

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual activity. Consent is evaluated from the perspective of what a Reasonable Person would conclude are mutually understandable words or actions. Reasonable reciprocation can be implied consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonably immediate time.

Silence or the absence of resistance alone should not be interpreted as consent. Although resistance is not required or necessary, it is a clear demonstration of non-consent.

Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of Sexual Assault.

Proof of consent or non-consent is not a burden placed on any party involved in a Formal Complaint. Instead, the burden remains on Western to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a Reasonable Person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sexual activity, those acts may constitute Dating Violence or Sexual Assault.[13]

• Force:

Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced.

Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”)

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

• Incapacitation:

Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction).

A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including as a result of alcohol or other drug consumption.

This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of the Policy. “Should have known” is an objective, Reasonable Person standard that assumes that a Reasonable Person is both sober and exercising sound judgment.

11. Standard of Evidence

Western uses the preponderance of the evidence standard of evidence when determining whether a Policy violation occurred. This means that Western will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent violated the Policy.

12. Notice/Complaints of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct

A report provides Western Notice of an allegation or concern about Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. A Formal Complaint informs Western that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Formal Complaint. Reports or Formal Complaints of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct may be made using any of the following options:

• File a report or Formal Complaint with, or give Verbal Notice to, the Title IX Coordinator or to any member of the Equal Opportunity Team. Such a report or Formal Complaint may be made at any time (including during non-working hours) by using the telephone number or email address, or by mail, to the office of the Title IX Coordinator or any other Equal Opportunity Team member listed in the Policy.
  
  
• Report online at https://cm.maxient.com/reportingform.php?WesternWyomingCC&layout_id=12. Anonymous reports are accepted, but the report may give rise to a need to try to determine the Parties’ identities. Anonymous reports typically limit Western’s ability to investigate, respond, and provide remedies, depending upon what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of anonymous reports.

As used in the Policy, the term “Formal Complaint” means a document or electronic submission (such as by electronic mail or through an online portal provided by Western for this purpose) that contains the Complainant’s physical or digital signature or otherwise indicates that the Complainant is the person filing the complaint, and requests that Western investigate the allegations. If Notice is submitted in a format that does not meet this standard, the Title IX Coordinator will contact the Complainant to determine whether the Complainant is requesting that Western initiate an investigation or other appropriate resolution procedures.[14]

Reporting carries no obligation to file a Formal Complaint, and in most situations, Western is able to respect a Complainant’s request to not initiate an investigation or other appropriate resolution procedures. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where Western may need to initiate an investigation or other appropriate resolution procedures. If a Complainant does not wish to file a Formal Complaint, Western will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of privacy by submitting a report that allows Western to discuss and/or provide supportive measures, in most circumstances.

13. Time Limits on Reporting

There is no time limitation on providing Notice/Formal Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to Western’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Acting on Notice/Formal Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Title IX Coordinator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

14. False Allegations and Evidence

Deliberately false and/or malicious accusations under the Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a Policy violation determination. False allegations may be a form of Harassment or Retaliation or may fall within other Western policies.

Witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation, hearing, or Informal Resolution can be subject to discipline under appropriate Western policies.

15. Confidentiality/Privacy

Western makes every effort to preserve the Parties’ privacy. Western will not share the identity of any individual who has made a report of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct; any Complainant; any individual who has been reported to be the perpetrator of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation or resolution proceeding arising under these policies and procedures.[15]^,[16]

Further, Parties and Advisors are expected to maintain the confidentiality of all information created by or shared with them by Western during any investigation and/or resolution process. Parties are entitled to share their own accounts and experiences but are encouraged to consider the sensitivity of the matter if they do so and should consult with their Advisors on any potential implications of doing so.

16. Emergency Removal/Interim Actions/Leaves

Western can act to remove a Student Respondent accused of Title IX Sexual Harassment from its Education Program or Activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any Student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator and may be done in conjunction with the Behavioral Intervention Team (BIT) using its standard objective violence risk assessment procedures. Students accused of other forms of Discrimination, Harassment, or Other Prohibited Conduct (not Sex-based) are subject to interim suspension, which can be imposed for safety reasons.

Employees are subject to existing procedures for interim actions and leaves.

17. Federal Timely Warning Obligations

Western must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the Western community.

Western will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions considering the potential danger.

18. Preservation of Evidence

The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders and is particularly time sensitive. Western will inform the Complainant of the importance of preserving evidence. During the initial meeting between the Complainant and the Title IX Coordinator, the importance of preservation of evidence will be discussed, if timely.

19. Federal Statistical Reporting Obligations

Certain institutional officials (those deemed Campus Security Authorities) have a duty to report the following for federal statistical reporting purposes (Clery Act):

• All “primary crimes,” which include criminal homicide, Sexual Assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson
• Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property
• Violence Against Women Act (VAWA-based crimes), which include Sexual Assault, Domestic Violence, Dating Violence, and Stalking[17]
• Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations

All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on or off campus or in the surrounding area, but no addresses are given) must be shared with the Compliance Coordinator for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include Advisors to student organizations, Athletic directors, Campus law enforcement/public safety/security, Coaches, Human resources staff, Residence life staff, Student activities staff, Student affairs staff, Student conduct staff, and any other official with significant responsibility for student and campus activities.

20. Independence and Conflict of Interest

The Title IX Coordinator manages the Equal Opportunity Team and acts with independence and authority, free from bias and conflicts of interest. The Title IX Coordinator oversees all Resolutions under the Policy and associated procedures. The members of the Resolution Process Pool are vetted and trained to ensure they are not biased for or against any party in a specific Formal Complaint, or for or against Complainants and/or Respondents, generally.

To raise any concern involving bias, conflict of interest, misconduct, or Discrimination by the Title IX Coordinator, contact the College President. Concerns of bias, misconduct, Discrimination, or a potential conflict of interest by any other Equal Opportunity Team member should be raised with the Title IX Coordinator.

21. Policy Revision

The Policy and associated procedures succeed all previous policies addressing Discrimination, Harassment, sexual misconduct, and/or Retaliation, for incidents occurring on or after August 14, 2020. The Title IX Coordinator regularly reviews and updates the Policy and procedures. Incidents occurring before August 14, 2020, will be addressed using the policy that was in place at the time of the incident, but the procedures used will be those in place at the time of the Formal Complaint. Western reserves the right to make changes to this document as necessary, and those changes are effective once they are posted online.

If laws or regulations change or court decisions alter policy or procedural requirements in a way that impacts this document, this document will be construed to comply with the most recent laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background federal and state laws that frame such policies and codes, generally.

A change required by a court or government order could occur during an active investigation or resolution process. If that happens, Western reserves the right to adjust the Policy and Procedures accordingly and notify the Parties of any necessary mid-process changes. This could include entirely replacing the Policy or associated procedures, which could necessitate restarting an investigation or resolution process. Western will make every effort to minimize the impact on the Parties as much as possible if changes are unavoidable.

WESTERN WYOMING COLLEGE PROCESS FOR ALLEGED VIOLATIONS OF THE EQUAL OPPORTUNITY POLICY FOR ALL FACULTY, STUDENTS, EMPLOYEES, AND THIRD PARTIES

1. Overview

Western Wyoming College will act on any Notice/Formal Complaint of violation of the Equal Opportunity Policy (“the Policy”) that the Title IX Coordinator or any other Official with Authority receives. Western uses two sets of procedures, known as Process A and Process B. Process A is compliant with the federal Title IX regulations. It involves an investigation and live hearing, including cross-examination. It also includes an Informal Resolution option.

Process A is applicable to all Formal Complaints of Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking that occur within Western’s Education Program or Activity.

Process B may apply to: (1) Formal Complaints of alleged Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, or Stalking that fall outside of Westerns' Education Program or Activity; and (2) all other complaints of Discrimination, Harassment, and Retaliation on the basis of all Protected Characteristics.

The choice between applying Process A or B is solely at the Title IX Coordinator’s discretion. Occasionally, a Formal Complaint will include conduct that falls within both Processes A and B. When that occurs, Process A will typically be used to address all allegations.

2. Notice/Complaint

Upon receipt of Notice or a Formal Complaint of an alleged Policy violation, the Title IX Coordinator will initiate a prompt initial assessment to determine Western’s next steps. The Title IX Coordinator will contact the Complainant to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

3. Collateral Misconduct

Collateral misconduct includes potential violations of other Western policies that occur in conjunction with alleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be charged along with potential violations of the Policy, to be resolved jointly under these Procedures. In such circumstances, the Title IX Coordinator may consult with Western officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs) to solicit their input as needed on what charges should be filed, but the exercise of collateral charges under these procedures is within the Title IX Coordinator’s discretion. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the Student Code of Conduct, Student Handbook, and Employee Policies.

FORMAL GRIEVANCE PROCESS FOR ALLEGED VIOLATIONS OF THE EQUAL OPPORTUNITY POLICY (KNOWN AS PROCESS “A”)

1. Initial Assessment

The Title IX Coordinator conducts an initial assessment, typically within five (5) working days of receiving Notice or a Formal Complaint.[18] The initial assessment typically includes:

• Assessing whether the reported conduct may reasonably constitute a Policy violation.
• Determining whether Western has jurisdiction over the reported conduct.
• Offering and coordinating supportive measures for the Parties.
• Notifying the Complainant, or the person who reported the allegation(s), of the available resolution options
• Determining whether the Complainant wishes to file a Formal Complaint.
• Notifying the Respondent of the available resolution options if a Formal Complaint is made.

Helping a Complainant Understand Resolution Options

If the Complainant indicates they wish to file a Formal Complaint, the Title IX Coordinator will work with the Complainant to determine which resolution option they prefer. The Title IX Coordinator will seek to abide by the Complaint’s wishes but may have to take another approach depending upon their assessment of the situation.

If the Formal Grievance Process is pursued, the Title IX Coordinator will initiate an investigation. If any party indicates that they want to pursue an Informal Resolution option, the Title IX Coordinator will refer the matter to the appropriate individuals(s) if the Title IX Coordinator determines Informal Resolution is available and the other Parties consent to participate. Informal Resolution cannot be used to resolve a Formal Complaint of Title IX Sexual Harassment involving an Employee Respondent and a Student Complainant.[19]

If the Complainant does not want any action taken, the Title IX Coordinator will consider that request. Typically, allegations of Student-on-Student and Employee-on-Employee misconduct will not prompt the Formal Grievance Process unless deemed necessary by the Title IX Coordinator, though the Complainant can elect to pursue the formal process in the future. The Title IX Coordinator may need to refer allegations of Employee-on-Student misconduct to the Formal Grievance Process regardless of the Complainant’s wishes, depending on the nature of the allegations.

The Title IX Coordinator may consider elements such as patterns of behavior, predation, threats, violence, use of weapons, or involvement of minors in determining whether to sign a Formal Complaint.

Title IX Coordinator Authority to Initiate a Complaint

The Title IX Coordinator has ultimate discretion as to whether a Formal Complaint is made and may consult with appropriate Western Employees, and/or conduct a violence risk assessment to aid their determination whether to sign a Formal Complaint on behalf of the Complainant.

If a Complainant is not participating or attempting to participate in Western’s Education Program or Activity at the time of making a Formal Complaint, they can request that the Title IX Coordinator sign a Formal Complaint. When the Title IX Coordinator signs a Formal Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged misconduct. If the Title IX Coordinator declines to sign a Formal Complaint, alternative processes may be available and can be explored with the Title IX Coordinator.

2. Dismissal (Mandatory and Discretionary)[20]

Western must dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

• The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment as defined above, even if proven
• The Sex-based conduct did not occur in Western’s Education Program or Activity and/or Western does not have control of the Respondent
• The Sex-based conduct did not occur against a person in the United States
• The Complainant alleging Sex-based conduct is not participating in or attempting to participate in Western’s Education Program or Activity at the time of filing the Formal Complaint, and based on the available information, the Title IX Coordinator has determined that they do not need to sign a Formal Complaint on behalf of Western[21]

Western may dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing:

• A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein
• The Respondent is no longer enrolled in or employed by Western
• Specific circumstances prevent Western from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein

A Complainant who decides to withdraw a Formal Complaint may later request to reinstate it or refile it.

Upon any dismissal, Western will promptly and simultaneously send the Parties written notice of the dismissal and the rationale for doing so.

This dismissal decision is appealable by any party.

When the Title IX Coordinator has signed a Formal Complaint and later determines that the basis for signing is no longer compelling, the Title IX Coordinator may rescind the Formal Complaint and notify the Parties accordingly. This is not a dismissal, and there is no opportunity to appeal because the Complainant may still file a Formal Complaint if they wish to, in most circumstances.

3. Appeal of Dismissal

The Parties may appeal a decision to dismiss their Formal Complaint. All dismissal appeal requests must be filed within three (3) working days of the notification of the dismissal decision.

A dismissal may be appealed on the following grounds:

• A procedural irregularity affected the outcome of the matter
• New evidence that was not reasonably available at the time the determination regarding dismissal was made, that could affect the outcome of the matter
• The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter

The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more Parties, the Title IX Coordinator will share the request and supporting documentation with all other Parties and provide five (5) working days for other Parties and the Title IX Coordinator to respond to the request. At the conclusion of the response period, the Title IX Coordinator will forward the request, as well as any response provided by the other Parties and/or the Title IX Coordinator to the Dismissal Appeal Decision-maker for consideration.

If the appeal request does not provide information that meets the grounds in the Policy, the Dismissal Appeal Decision-maker will deny the request, and the Parties, their Advisors, and the Title IX Coordinator will be notified in writing of the denial and the rationale.

If any of the asserted grounds in the appeal satisfy the grounds described in the Policy, then the Dismissal Appeal Decision-maker will notify all Parties and their Advisors, and the Title IX Coordinator of their decision and rationale in writing. The effect will be to reinstate the Complaint.

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Decision-maker has five (5) working days to review and decide on the appeal, though extensions can be granted at the Title IX Coordinator’s discretion, and the Parties will be notified of any extension.

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

The Dismissal Appeal Decision-maker may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultations.

4. Emergency Removal/Interim Suspension of a Student

Western may emergency remove a Student accused of Title IX Sexual Harassment upon receipt of a Formal Complaint or at any time during the Formal Grievance Process. Prior to an emergency removal, Western will conduct an individualized risk assessment and may remove the Student if that assessment determines that an immediate threat to the physical health or safety of any Student or other individual justifies removal. Students accused of other forms of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct (not Sex-based) are subject to interim suspension, which can be imposed for safety reasons.

When an emergency removal or interim suspension is imposed, wholly or partially, the affected Student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) working days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the Student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or should be lifted. When this meeting is not requested within two (2) working days, objections to the emergency removal or interim suspension will be deemed waived. A Student can later request a meeting to show why they are no longer an immediate threat because conditions related to the threat have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable for them to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review.

An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within three (3) working days of the review meeting.

5. Placing Employees on Leave

When the Respondent is an Employee, or a Student-Employee accused of misconduct in the course of their employment, existing provisions for interim action are typically applicable instead of the above emergency removal process.

6. Counter-Complaints

Western is obligated to ensure that the Formal Grievance Process is not abused for retaliatory purposes. Although Western permits the filing of counter-complaints, the Title IX Coordinator will use an initial assessment, described above, to assess whether the allegations in the counter-complaint are made in good faith. When counter-complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a Policy violation. Counter-complaints determined to have been reported in good faith will be processed using the Formal Grievance Process. At the Title IX Coordinator’s discretion, investigation of such claims may take place after resolution of the underlying initial Formal Complaint.

7. Advisors in the Formal Grievance Process

The Parties may each have an Advisor of their choice present with them for all meetings, interviews, and hearings within the Formal Grievance Process, if they so choose.

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker.

A. Who Can Serve as an Advisor

The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews, and hearings within the resolution process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.[22] Parties have the right to choose not to have an Advisor in the initial stages of the Formal Grievance Process, prior to a hearing.

The Title IX Coordinator will offer to assign a trained Advisor to any party. If the Parties choose an Advisor from Western’s Resolution Process Pool, Western will have trained the Advisor and familiarized them with Western’s Formal Grievance Process.

Western cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, Western is not obligated to provide an attorney to advise that party. However, all institutionally appointed Advisors will be provided with similar training.  

If the Parties choose an Advisor from outside the Resolution Process Pool, the Advisor may not have been trained by Western and may not be familiar with Western policies and procedures.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

Western may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.

B. Advisor’s Role in the Formal Grievance Process

Advisors should help the Parties to prepare for each meeting or hearing and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

The Parties are expected to respond to questions on their own behalf throughout the Formal Grievance Process. Although the Advisor generally may not speak on behalf of their advisee, except for conducting cross-examination during a hearing, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

The Title IX Regulations require a form of indirect questioning during the hearing, which must be conducted by the Parties’ Advisors. The Parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, Western will appoint a trained Advisor for the limited purpose of conducting any questioning of the Parties and witnesses.

C. Records Shared with Advisors

Advisors are entitled to the same opportunity as their advisee to receive copies of the Draft and Final Investigation Reports, as well as the Directly Related Evidence file. Parties will be asked to sign releases for Western to share materials with an Advisor.

Advisors are expected to maintain the confidentiality of the records Western shares with them. Western may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by Western’s confidentiality expectations.

D. Advisor Expectations

Western generally expects an Advisor to adjust their schedule to allow them to attend Western meetings/interviews/hearings when planned, but Western may change scheduled meetings/interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

Western may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies as may be convenient and available.

All Advisors are subject to the same Western policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by Western. Advisors are expected to advise without disrupting proceedings.

E. Advisor Policy Violations

Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with Western’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including Western requiring the party to use a different Advisor or providing a different Western-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

8. Resolution Options Overview

The Formal Grievance Process is Western’s primary resolution approach unless all Parties and Western agree to an Informal Resolution. The process considers the Parties’ preferences but is ultimately determined at the Title IX Coordinator’s discretion.

Resolution proceedings are private. All persons present at any time during a resolution process are expected to maintain the privacy of the proceedings in accordance with the Policy.

There is an expectation of privacy around what Investigators share with Parties during interviews and for any materials the institution shares with the Parties during the resolution process. The Parties have discretion to share their own knowledge and evidence with others if they choose, except for information the Parties agree not to disclose as part of an Informal Resolution. Western encourages Parties to discuss any sharing of information with their Advisors before doing so.

A. Informal Resolution 

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a Final Determination, or the Title IX Coordinator may offer the option to the Parties. Western will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution. To engage in Informal Resolution, a Complaint must first submit a Formal Complaint.

Three approaches to Informal Resolution are detailed in this section.

• Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Supportive Resolution involves only the party who opts for it
  
  
• Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended sanction(s), and the Complainant(s) and Title IX Coordinator are agreeable to the resolution terms
• Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below
  
  

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution process at any time and initiate or resume the Formal Grievance Process.

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Formal Grievance Process should Informal Resolution not be successful.

If an investigation is already underway, the Title IX Coordinator has discretion to determine if the investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

Prior to engaging in Informal Resolution, Western will provide the Parties with written notice of the reported misconduct and any sanctions (only in the case of Accepted Responsibility) or measures that may result from participating in such a process, including information regarding any records that Western will maintain and under which circumstances they may be released.

Informal Resolution Approaches

(1) Supportive Resolution

Most commonly offered once a Formal Complaint is filed (whereas supportive measures, as described in Section 9 of the Policy, are offered in response to Notice). The Title IX Coordinator will meet with the Complainant to determine reasonable supports that are designed to restore or preserve the Complainant’s access to Western’s Education Program and Activity. Such supports can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Title IX Coordinator may also provide reasonable supports for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options and the Title IX Coordinator does not believe there is a need to sign a Formal Complaint. At the discretion of the Title IX Coordinator, this resolution option can result in an agreement between the Complainant and Western that does not require assent from any other party, as long as it does not unduly burden any other party or function punitively with respect to them.

(2) Accepted Responsibility

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Formal Grievance Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Title IX Coordinator will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Title IX Coordinator will determine whether all Parties and Western are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted Finding that the Respondent is in violation of Western Policy, implements agreed-upon restrictions and remedies, and determines any other appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Formal Grievance Process will either begin or resume.

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

(3) Alternative Resolution

The institution offers a variety of alternative resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction between the Parties; indirect action by the Title IX Coordinator or other appropriate Western officials; and other forms of resolution that can be tailored to the needs of the Parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an alternative resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an alternative resolution process.

The Title IX Coordinator has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Formal Grievance Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). Where the failure to abide by the Informal Resolution agreement terms results in a failure to remedy a Policy violation, the Title IX Coordinator must consider whether to dissolve the agreement and reinstate the Formal Grievance Process to remedy the impact as required by law. The results of Formal Complaints resolved by alternative resolution are not appealable.

If an Informal Resolution option is not available or selected, Western will initiate or continue an investigation and subsequent Formal Grievance Process to determine whether the Policy has been violated.

B. Formal Grievance Process (begins at Section 10 below)

9. Resolution Process Pool

Western relies on a pool of individuals (“the Pool”) to carry out the resolution options.

A. Pool Member Roles

Resolution Process Pool members are trained annually, and can serve in any of the following roles at the Title IX Coordinator’s discretion:

• Appropriate intake of and initial guidance pertaining to Formal Complaints
• Perform or assist with initial assessment
• Advisor to Parties
• Informal Resolution Facilitator
• Investigator
• Hearing Facilitator
• Decision-maker
• Appeal of Dismissal Decision-maker
• Appeal Decision-maker
  
  

B. Pool Member Appointment

The Title IX Coordinator, in consultation with senior administrators as necessary, appoints the Resolution Process Pool, which acts with independence and impartiality. Although members of the Resolution Process Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different Formal Complaints, Western can also designate permanent roles for individuals in the Resolution Process Pool.

10. Notice of Investigation and Allegations (NOIA)

The Title IX Coordinator will provide the Parties Written Notice of the Investigation and Allegations (the “NOIA”) upon commencement of the Formal Grievance Process. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA will include:

• A meaningful summary of all allegations
• The names of the involved Parties (if known)
• The precise misconduct being alleged
• The date and location of the alleged incident(s) (if known)
• The specific policies/offenses implicated
• A description of, link to, or copy of the applicable procedures
• A statement that Western presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a Final Determination that the Policy has been violated
• The name(s) of the Investigator(s), along with a process to notify the Title IX Coordinator of any conflict of interest that the Investigator(s) may have in advance of the interview process
• A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all Relevant and Directly Related Evidence obtained
• A statement of the potential sanctions/responsive actions that could result
• A statement about Western’s policy on Retaliation
• Information about process confidentiality
• Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor
• A statement informing the Parties that Western’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Formal Grievance Process
• Information about how a party may request disability accommodations or other support assistance during the Formal Grievance Process
• A link to Western’s VAWA Brochure
• An instruction to preserve any evidence that is directly related to the allegations

Notification will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the Parties’ Western-issued email or other approved accounts. Once emailed and/or received in-person, notice is presumptively delivered.

11. Resolution Timeline

Western will make a good faith effort to complete the Formal Grievance Process within hundred and twenty (120) working days, including any appeals, which the Title IX Coordinator can extend as necessary for appropriate cause. The Parties will receive regular updates on the progress of the Formal Grievance Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Investigations are completed expeditiously, normally within ninety (90) working days, though some investigations may take longer, depending on the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

Western may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. Western will promptly resume its Formal Grievance Process as soon as feasible. During such a delay, Western will implement and maintain supportive measures for the Parties as deemed appropriate.

Western action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed, or that criminal charges have been dismissed or reduced.

Western will make a good faith effort to complete the Formal Grievance Process as promptly as circumstances permit and will regularly communicate with the Parties to update them on the progress and timing of the process.

12. Ensuring Impartiality

No individual materially involved in the administration of the Formal Grievance Process, including the Title IX Coordinator, Investigator(s), and Decision-maker(s), may have or demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The Title IX Coordinator will vet the assigned Investigator(s), Decision-maker(s), and Appeal Decision-maker(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The Parties may raise a concern regarding bias or conflict of interest at any time during the Formal Grievance Process, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Resolution Process Pool member, or other trained individual, will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the College President.

The Formal Grievance Process involves an objective evaluation of all Relevant Evidence obtained, including evidence that supports that the Respondent violated the Policy and evidence that supports that the Respondent did not violate the Policy. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written Investigation Report that accurately summarizes this evidence. 

13. Witness Role and Participation in the Investigation

Witnesses who are Western Employees are strongly encouraged to cooperate with and participate in Western’s investigation and Formal Grievance Process. Student witnesses and witnesses from outside the Western community are encouraged to cooperate with Western investigations and to share what they know about a Formal Complaint.

Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx), or, in limited circumstances, by telephone. Western will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

14. Interview Recording

It is standard practice for Investigators to create a record of all interviews pertaining to the Formal Grievance Process, by recording, transcript, or written summary. The Parties may review copies of their own interviews upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings.

All interviews are recorded, and all involved persons should be made aware of the audio and/or video recording. The recording and/or transcript of those meetings will be provided to the Parties for their review, after which the Parties may suggest additional questions to be asked of another party or witness or additional witnesses. Those subsequent meetings or interviews are also recorded and/or transcribed.

15. Evidentiary Considerations

The Investigator(s) and the Decision-maker(s) will only consider Relevant or Directly Related Evidence.

Neither the investigation nor the hearing will consider:

• Questions or evidence about the Complainant’s sexual predisposition[23]
• Questions or evidence about the Complainant’s prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the alleged conduct, or if the questions or evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent[24]
• Questions or evidence about a party or witness’s records that are made or maintained by a physician, psychologist, or psychiatrist unless the party or witness provides voluntary, written consent for the records to be considered

Within the boundaries stated above, the investigation and the hearing can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

16. Investigation

All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all available, relevant Parties and witnesses, obtaining Relevant Evidence, and identifying sources of expert information, as necessary.

After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

Western may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondent(s), when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

Investigations involve the following:

• Determining the names of and contacting all involved Parties and potential witnesses to participate in an investigation interview
• Identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses
• Providing written notification of the date, time, and location of all investigation meetings, including the expected participants and purpose
• Conducting any necessary follow-up interviews with Parties or witnesses
• Providing the Parties and witnesses an opportunity to verify the accuracy of either a summary or transcript of their interview(s)
• Soliciting the names of suggested witnesses and questions each party wishes to have asked of another party or witness
• Writing a Draft Investigation Report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party and witness interviews, and provides all Relevant Evidence
• Compiling a Directly Related Evidence File
• Providing the Parties and their respective Advisors an electronic or hard copy of the Draft Investigation Report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which Western does not intend to rely in reaching a determination, for a ten (10)-working-day review and comment period so that each party may meaningfully respond to the evidence. The Parties may elect to waive the full ten (10) days.
• Incorporating any new, Relevant Evidence and information obtained through the Parties’ review of the Draft Investigation Report and any follow-up meetings into the Final Investigation Report
• Responding in writing (typically within the Final Investigation Report) to the relevant elements of the Parties’ responses to the Draft Investigation Report.
• Sharing the Final Investigation Report with the Title IX Coordinator for their review and feedback
• Providing the Title IX Coordinator with the Final Investigation Report and Directly Related Evidence File

17. Referral for Hearing

Provided that the Formal Complaint is not resolved through Informal Resolution, once the Final Investigation Report is shared with the Parties, the Title IX Coordinator will refer the matter for a hearing.

The hearing cannot be held less than ten (10) working days from the conclusion of the investigation – when the Final Investigation Report is transmitted to the Parties and the Decision-maker – unless all Parties and the Decision-maker agree to an expedited timeline.

The Title IX Coordinator will select an appropriate Decision-maker from the Resolution Process Pool and provide a copy of the Final Investigation Report and the file of Directly Related Evidence.

18. Hearing Decision-maker

The Decision-maker will not have had any previous involvement with the Formal Complaint. The Title IX Coordinator may elect to have an alternate from the Resolution Process Pool sit in throughout the hearing process if a substitute is needed for any reason.

Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as Decision-makers. Those who are serving as Advisors for any party may not serve as Decision-makers in that matter.

The Title IX Coordinator may not serve as a Decision-maker in the matter but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter do not create a conflict of interest. Otherwise, a designee may fulfill the facilitator role. The hearing will convene at a time and venue determined by the Title IX Coordinator.

19. Live Hearing Requirements

The following provisions apply to a live hearing:

• Hearing Venue Options and Recordings. The live hearing may occur in person or via video technology. The Decision-maker and Parties must be able to simultaneously see and hear a party or witness while that person is speaking. Both options are considered fair and equitable. Alternative arrangements may also be made at the Title IX Coordinator’s discretion.
  • The Parties may make a request to the Title IX Coordinator that the hearing be held in person or via video technology, but they must do so at least three (3) working days prior to the hearing. The Title IX Coordinator retains discretion to determine whether the hearing will occur in person or via video technology.
  • All hearings will be recorded, and Parties may request a copy of the recording from the Title IX Coordinator following the live hearing.
  • No unauthorized recordings are permitted.
• Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to the Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term, including during the summer, as needed, to meet Western’s resolution timeline and ensure a prompt resolution. Employees, including Parties and witnesses, who do not have 12-month contracts are still expected to participate in Formal Grievance Processes that occur during months between contracts.
• Hearing Participants. Persons who may be present for a hearing include the Decision-maker, hearing facilitator, Investigator(s), the Parties and their Advisors, anyone providing authorized accommodations, interpretation, and/or assistive services, and anyone else deemed necessary by the Decision-maker. Witnesses are present only during their portion of the testimony.
• The Parties may have the assistance of an Advisor of their choice at the hearing or can request that Western appoint a trained Advisor for them. Appointed Advisors are not attorneys. If a party wishes to have an attorney as their Advisor, they must locate and pay for that attorney themselves.
  • During the pre-hearing meeting and live hearing, Parties may only be accompanied by their Advisor. No other persons (e.g., additional support persons, advisors, friends, family) may accompany, attend, or listen in on the hearing unless explicitly authorized by the Title IX Coordinator, with each party being provided the same opportunity.
  • Parties and Advisors are permitted to have their phones and a laptop or tablet, but these should only be used during the hearing in a matter consistent with the Policy.
  • During the hearing, all questions that a party wishes to ask must be posed by the Advisor, not the Parties.
  • If the party does not have an Advisor, the Title IX Coordinator will provide the party with an Advisor for the purpose of Advisor-conducted questioning.
• Impact Statements. Each party may submit an impact and/or mitigation statement to the Title IX Coordinator that the Decision-maker will review during any sanction determination.
  • Upon receipt of an impact and/or mitigation statement, the Title IX Coordinator will review the impact/mitigation statement to determine whether any immediate needs exist.
  • The Title IX Coordinator will only provide the impact statements to the Decision-maker if the Decision-maker determines that the Policy has been violated. When the Title IX Coordinator shares the impact statements with the Decision-maker, they will also be shared with the Parties.
• Disability Accommodations and Other Assistance. Parties should contact the Title IX Coordinator at least three (3) working days prior to the hearing to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, if possible.
• Conflicts of Interest or Bias. The Decision-maker must not have a bias for or against Complainants or Respondents generally or the individual Complainant or Respondent involved in the Formal Complaint.
  • The Decision-maker must recuse themselves if such bias or conflict of interest exists.
  • If the Decision-maker believes there is possible conflict of interest or bias, they will consult with the Title IX Coordinator about possible recusal or removal.
  • The Parties may raise challenges that the Decision-maker is biased or has a conflict of interest. The Parties must raise challenges with the Title IX Coordinator within two (2) working days of receiving the hearing notice.
  • The Title IX Coordinator will only remove and replace a Decision-maker in situations of demonstrated bias or conflicts of interest. Perceptions of bias or conflict are not sufficient to cause removal.
  • If a Decision-maker recuses themselves as the result of a conflict of interest or bias, or is removed, the Title IX Coordinator will promptly appoint a new Decision-maker who does not have a conflict of interest or bias and notify the Parties accordingly.
• Evidence Provided to Decision-maker and Parties.
  • The Decision-maker will be provided electronic copies of the Final Investigation Report and all relevant but not impermissible evidence, including the names of all Parties, witnesses, and Advisors, at least ten (10) working days in advance of the hearing.
  • The Parties will be provided with electronic copies of all the materials provided to the Decision-maker as part of the hearing notice unless those materials have already been provided.[25]

20. Hearing Notice

The Title IX Coordinator will send the Parties a notice of hearing letter no less than ten (10) working days prior to the hearing. Once emailed and/or received in-person, notice is presumptively delivered. The notice includes:

• A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result
• The time, date, and location of the hearing
• A description of any technology that will be used to facilitate the hearing
• Relevant information regarding hearing logistics, pre-hearing meetings, the Final Investigation Report, the Parties and witnesses participating in the hearing, the identity of the Decision-maker, details related to questioning, the role of Advisors, impact/mitigation statements, and how to request disability accommodations or other assistance

21. Witness Participation

Witnesses are encouraged to participate in and make themselves reasonably available for the hearing. They may participate in-person or via video technology that allows the Decision-maker and the Parties to see and hear the witness while that person is speaking. Witnesses are not permitted to be accompanied by an Advisor without the Title IX Coordinator’s express permission. At the discretion of the Decision-maker, a witness may participate by phone if no other reasonable alternative is available.

The Title IX Coordinator will notify all witnesses of their requested participation in the hearing at least five (5) working days prior to the hearing. Witnesses will be present for the hearing only during their testimony.

If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Title IX Coordinator may reschedule the hearing.

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless:

• All Parties and the Decision-maker assent to the new witness’s participation in the hearing without remanding the Formal Complaint back to the Investigator,
• The Decision-maker deems the evidence presented by the new witness to be relevant and not information already established in the record, and
• The witness’s late involvement was not the result of bad faith by the witness, the Parties, or others.

If the above criteria are not met, but the witness’s evidence is deemed relevant and not duplicative, the Decision-maker may, at their discretion, engage in any of the following actions:

• Delay the hearing
• Provide the Parties with at least five (5) working days to review the relevant portions of the new witness’s statements, if such statements are submitted
• Remand the Formal Complaint back to the Investigator for further investigation or verification
• Allow the Parties to review and comment on the testimony of the new witness[26]

If the evidence is deemed not relevant, the Decision-maker may proceed with the hearing absent the new witness’s participation.

22. Pre-Hearing Meetings

The Decision-maker will offer to convene pre-hearing meeting(s) with the Parties and their Advisors to familiarize them with the hearing process and invite them to submit the questions or topics they wish to ask or discuss at the hearing. This allows the Decision-maker to consider their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or to provide recommendations for more appropriate phrasing.

However, this advance review opportunity does not preclude the Advisors from asking a question for the first time at the hearing or from asking for a reconsideration on a Decision-maker’s pre-hearing decision based on any new information or testimony offered at the hearing. The Decision-maker will consider arguments that evidence identified as relevant in the Final Investigation Report is, in fact, not relevant. Similarly, evidence identified by the Investigator(s) as directly related but not relevant may be argued to be relevant. The Decision-maker will document and share their rationale for any evidence or question exclusion or inclusion, if any, at a pre-hearing meeting with each party.

The Decision-maker will work with the Parties to finalize a witness list for the hearing, and the Title IX Coordinator will notify any witnesses of the hearing’s logistics. The Decision-maker, only with the agreement of all Parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the Final Investigation Report or during the hearing, and their presence is not essential to assess their credibility.

Pre-hearing meeting(s) will not be recorded. The pre-hearing meetings will typically be conducted as separate meetings with each party/Advisor, and can be done remotely, or as a written communication exchange. The Decision-maker will work with the Parties to establish the format and timing of the meetings and will circulate a summary of any rulings made to ensure all Parties and Advisors are aware.

23. Hearing Procedures

A. Evidentiary Considerations

The Parties must provide all evidence to the Investigator(s) prior to completion of the Final Investigation Report. Evidence offered after that time will be evaluated by the Decision-maker for relevance. If deemed relevant, the Parties and Decision-maker must agree to admit it into the record. If the evidence is deemed not relevant, the Decision-maker may proceed with the hearing absent the new evidence.

The new relevant evidence will be admitted to the record if:

• All Parties and the Decision-maker assent to the new evidence being included in the hearing without remanding the Formal Complaint back to the Investigator,
• The evidence is not duplicative of evidence already in the record, and
• The new evidence was either not reasonably available prior to the conclusion of the Final Investigation Report, or the failure to provide it in a timely manner was not the result of bad faith by the Parties, witnesses, or others.

If the above criteria are not met, but the evidence is deemed materially relevant and not duplicative, the Decision-maker may, at their discretion, engage in any of the following actions:

• Delay the hearing
• Provide the Parties with at least five (5) working days to review the relevant evidence
• Remand the Formal Complaint back to the Investigator for further investigation or analysis
• Allow the Parties time to review and comment on the new evidence

If the evidence is deemed not relevant, the Decision-maker may proceed with the hearing without allowing the new evidence.

B. Collateral Misconduct

The Decision-maker has the authority to hear and make determinations on all allegations of Discrimination, Harassment, Retaliation, and Other Prohibited Conduct under the Policy and may also hear and make determinations on any additional alleged collateral misconduct that occurred in concert with the Discrimination, Harassment, Retaliation, or Other Prohibited Conduct, even though those collateral allegations may not specifically fall within the Policy.

C. Joint Hearings

In Complaints involving more than one Respondent and/or involving more than one Complainant accusing the same person of substantially similar conduct, the default procedure will be to hear the allegations jointly.

However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent or Formal Complaint to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent and/or for each Formal Complaint with respect to each alleged policy violation.

D. Introductions and Hearing Procedure Explanation

The Decision-maker will:

• Explain the hearing procedures
• Introduce the participants
• Answer any procedural questions prior to and as they arise throughout the hearing

E. Investigator Presentation of Final Investigation Report

The Investigator(s) will present a summary of the Final Investigation Report, including a review of the facts that are contested and those that are not. The Investigator may be questioned first by the Decision-maker and then by the Parties. The Investigator may attend the duration of the hearing or be excused after their testimony at the Decision-maker’s discretion.

F. Testimony and Questioning

The Parties and witnesses may provide relevant information in turn, beginning with the Complainant’s opening statement, then the Respondent’s, and then questioning in the order determined by the Decision-maker. The Decision-maker will facilitate questioning of the Parties and witnesses first by the Decision-maker and then by the Parties through their Advisors.

All questions are subject to the Decision-maker’s relevance determination. The Advisor will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted). The proceeding will pause to allow the Decision-maker to consider the question (and state it if it has not already been stated aloud), and the Decision-maker will determine whether the question will be permitted, disallowed, or rephrased. The Decision-maker will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

The Decision-maker will limit or disallow questions they deem not appropriate on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), seek or pertain to impermissible evidence, or are abusive and has the final say on all questions and relevance determinations. The Decision-maker may consult with legal counsel on any admissibility questions.

If the Parties raise an issue of bias or conflict of interest of an Investigator or Decision-maker at the hearing, the Decision-maker may elect to address those issues, consult with legal counsel, refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not an issue at the hearing, the Decision-maker should not permit irrelevant questions that probe for Investigator bias.

G. Refusal to Submit to Questioning and Inferences

Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. The Decision-maker can only rely on the available Relevant Evidence in making a Final Determination. The Decision-maker may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer any or all questions. Typically, after brief opening statements, the order of questioning will be questions from the Decision-maker, questions from the party’s own Advisor, then questions from the other Parties’ Advisors. The same order will be used for questioning of witnesses, who do not typically make opening statements. The Parties then make brief closing statements, and then the hearing transitions into closed session for deliberation.

An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared.

H. Hearing Recordings

Western records hearings (but not deliberations) for purposes of review in the event of an appeal. No unauthorized audio or video recording of any kind is permitted during the hearing.

The Decision-maker, the Parties, their Advisors, Appeal Decision-makers, and other appropriate Western officials will be permitted to review the recording or review a transcript of the recording upon request to the Title IX Coordinator. No unauthorized disclosure, including sharing, copying, or distribution of the recording or transcript, is permitted.

24. Deliberation and Determination

After closing statements from the Parties, the Decision-maker will deliberate in closed session to determine whether the Respondent is responsible for the alleged Policy violation(s) based on the standard of evidence. If a panel is used, a simple majority vote is required to determine the Finding. Deliberations are not recorded.

When there is a Finding of responsibility on one or more of the allegations, the Decision-maker may then consider the previously submitted party impact and/or mitigation statement(s) in determining appropriate sanction(s). The Title IX Coordinator will ensure that each of the Parties has an opportunity to review any submitted impact and/or mitigation statement(s) once they are submitted.

The Decision-maker will also review any pertinent conduct history provided and will determine the appropriate sanction(s) in consultation with other appropriate administrators, as required.

The Decision-maker will then prepare a written statement detailing all Findings and Final Determinations, the rationale(s) explaining the decision(s), the evidence used in support of the determination(s), the evidence not relied upon in the determination(s), any credibility assessments, and any sanction(s) and rationales explaining the sanction(s) and will deliver the statement to the Title IX Coordinator.

This statement must be submitted to the Title IX Coordinator within five (5) working days of the end of deliberations unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the Parties.

25. Notice of Outcome

The Title IX Coordinator will provide the Parties with a written outcome notification within ten (10) working days of the conclusion of the Formal Grievance Process. The outcome notification will specify the Finding for each alleged Policy violation, any sanction(s) that may result, which Western is permitted to share pursuant to federal or state law, and a detailed rationale, written by the Decision-maker, supporting the Findings to the extent Western is permitted to share under federal or state law.

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals.

The Title IX Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official Western records, or emailed to the Parties’ Western-issued or other approved email account. Once emailed and/or received in person, the outcome notification is presumptively delivered.

26. Rights of the Parties (See Appendix E)

27. Sanctions

Factors the Decision-maker may consider when determining sanctions and responsive actions include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
• The need for sanctions/responsive actions to prevent the future recurrence of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
• The need to remedy the effects of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct on the Complainant and the community
• The impact on the Parties
• The Respondent’s acknowledgement of responsibility or contrition
• Any other information deemed relevant by the Decision-maker

The sanctions will be implemented as soon as is feasible once a Determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in the Procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

A. Student Sanctions

The following are the common sanctions that may be imposed upon Students singly or in combination:

• Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any Western policy, procedure, or directive will result in more severe sanctions/responsive actions
• Required Counseling: A mandate to meet with and engage in either Western-sponsored or external counseling to better comprehend the misconduct and its effects
• Restrictions: A Student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or holding leadership roles in student organizations
• Probation: An official sanction for violation of Western policy, providing for more severe disciplinary sanctions if the Student is found in violation of any Western policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
• Suspension: Separation from Western, or one or more of its facilities, for a defined period of time, typically not to exceed two (2) years, after which the Student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the Student is eligible to return if Western determines it is appropriate to re-enroll/readmit the Student. The Student is typically required to vacate Western property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Title IX Coordinator or other appropriate official. During a Western-wide suspension, the Student is banned from Western property, functions, events, and activities unless they receive prior written approval from an appropriate Western official. This sanction may be enforced with a trespass action, as necessary. This sanction may be noted as a Disciplinary Suspension on the Student’s official academic transcript, per Western policy and/or state law.
• Expulsion: Permanent separation from Western. The Student is banned from Western property, and the Student’s presence at any Western-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary. This sanction may be noted as Disciplinary Expulsion on the Student’s official academic transcript, per Western policy and/or state law.
• Withholding Diploma: Western may withhold a Student’s diploma for a specified period of time and/or deny a Student participation in commencement activities as a sanction if the Student is found responsible for violating the Policy
• Revocation of Degree: While very rarely exercised, Western reserves the right to revoke a degree previously awarded by Western for fraud, misrepresentation, and/or other violation of Western policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a Student prior to graduation
• Other Actions: In addition to, or in place of, the above sanctions, Western may assign any other sanctions as deemed appropriate

B. Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an Employee who has engaged in Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to a New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to, or in place of, the above sanctions/responsive actions, Western may assign any other responsive actions as deemed appropriate

28. Withdrawal or Resignation Before Complaint Resolution

A. Students

Should a Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If a Student Respondent withdraws from Western, the Formal Grievance Process typically ends with a dismissal, as Western has lost primary disciplinary jurisdiction over the withdrawn Student. However, Western may continue the Formal Grievance Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, Western will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

When a Student withdraws or takes a leave of absence while the process is pending, the Student may not return to Western in any capacity until the Formal Complaint is resolved and any sanctions imposed are satisfied. If the Student indicates they will not return, the Title IX Coordinator has discretion to dismiss the Formal Complaint and bar the Student from returning. The Registrar, Office of Admissions, and HR may be notified accordingly.

If the Student Respondent takes a leave of absence for a specified period of time (e.g., one semester or term), the Formal Grievance Process may continue remotely. If found in violation, that Student is not permitted to return to Western unless and until all sanctions, if any, have been satisfied.

B. Employees

Should an Employee Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If an Employee Respondent leaves their employment with Western with unresolved allegations pending, the Formal Grievance Process typically ends with dismissal, as Western has lost primary disciplinary jurisdiction over the former Employee. However, Western may continue the Formal Grievance Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, Western will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

When an Employee resigns and the Formal Complaint is dismissed, the Employee may not return to Western in any capacity. Human Resources, Registrar will be notified accordingly. A note will be placed in the Employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with Western. The records retained by the Title IX Coordinator will reflect that status.

29. Appeal of the Final Determination

The Title IX Coordinator will designate an Appeal Decision-maker from the Resolution Process Pool, or other trained internal or external individuals, to hear the appeal. No Appeal Decision-maker will have been previously involved in the Formal Grievance Process for the Formal Complaint. If a panel is used, the Title IX Coordinator will designate a voting chair.

A. Appeal Grounds

Appeals are limited to the following grounds:

• A procedural irregularity affected the outcome of the matter.
• There is new evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter
• The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter
• The Decision-maker’s Final Determination is substantially contrary to the weight of the evidence in the record (applicable to sanctions of suspension, expulsion, or termination-level offenses, only)
• The sanctions fall outside the range of sanctions designated for this offense, considering the cumulative conduct/disciplinary record of the Respondent (applicable to sanctions of suspension, expulsion, or termination-level offenses, only)

B. Appeal Request

Any party may submit a written appeal request to the Title IX Coordinator within three (3) working days of the delivery of the notice of outcome.

The appeal request will be forwarded to the Appeal Decision-maker for consideration to determine if the request meets the appeal grounds (a Review for Standing). This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

If the appeal request does not provide information that meets the grounds in the Procedures, the request will be denied by the Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

If any of the information in the appeal request meets the grounds in the Procedures, then the Appeal Decision-maker will notify all Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker.

All other Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-maker will be provided a copy of the appeal request with the approved grounds and then be given five (5) working days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties for review and comment.

The non-appealing party (if any) may also choose to appeal at this time. If so, that appeal request will be reviewed by the Appeal Decision-maker to determine if it meets the grounds in the Procedures and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or original Decision-maker, as necessary, who will submit their responses, if any, within five (5) working days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties and their Advisors will be notified in writing.

No party may submit any new appeal request after this time period. The Appeal Decision-maker will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Appeal Decision-maker, who will promptly render a decision.

C. Appeal Determination Process

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Decision-maker will deliberate as soon as is practicable and discuss the merits of the appeal.

Appeal decisions are to be deferential to the original determination, making changes to the Finding/Final Determination only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions are made by majority vote and apply the preponderance of the evidence standard of evidence.

An appeal is not an opportunity for the Appeal Decision-maker to substitute their judgment for that of the original Decision-maker merely because they disagree with the Finding and/or sanction(s).

The Appeal Decision-maker may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

D. Appeal Outcome

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the Title IX Coordinator (as in cases of bias), the Appeal Decision-maker may order a new investigation and/or a new hearing with new Resolution Process Pool members serving in the Investigator and Decision-maker roles.

A notice of appeal outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The appeal outcome letter will specify the Finding on each appeal ground, any specific instructions for remand or reconsideration, all sanction(s) that may result which Western is permitted to share according to federal or state law, and the rationale supporting the essential Findings to the extent Western is permitted to share under federal or state law.

Written notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official institutional records, or emailed to the Parties’ Western-issued email or other approved account. Once emailed and/or received in person, the appeal outcome letter will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new Finding or sanction, that Finding or sanction can be appealed one final time on the grounds listed above and in accordance with the Procedures.

If a remand results in a new Finding or sanction that is different from the original Finding or sanction, that new Finding or sanction can be appealed, once, on any of the available appeal grounds.

E. Sanction Status During the Appeal

Any sanctions imposed as a result of the Final Determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal and interim suspension procedures (detailed above) for a show cause meeting on the justification for doing so must be permitted within two (2) working days of implementation.

30. Long-Term Remedies/Other Actions

Following the conclusion of the Formal Grievance Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or Western community that are intended to stop the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct, remedy the effects, and prevent recurrence.

These remedies/actions may include, but are not limited to:

• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Policy modification and/or training
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, course schedules, etc.

At the Title IX Coordinator’s discretion, the Parties may be provided certain long-term support or measures even if no Policy violation is found.

When no Policy violation is found, the Title IX Coordinator will address any remedies Western owes the Respondent to ensure no effective denial of educational access.

Western will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair Western’s ability to provide these services.

31. Failure to Comply with Sanctions and/or Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker, including the Appeal Decision-maker or the Informal Resolution agreement.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from Western.

Supervisors are expected to enforce completion of sanctions/responsive actions for their Employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator’s satisfaction.

32. Recordkeeping

For a period of at least seven (7) years following the conclusion of the Formal Grievance Process, Western will maintain records of:

• Each Discrimination, Harassment, Retaliation, and Other Prohibited Conduct Formal Grievance Process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation
• Any disciplinary sanctions imposed on the Respondent
• Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to Western’s Education Program or Activity
• Any appeal and the result therefrom
• Any Informal Resolution and the result therefrom
• All materials used to train the Title IX Coordinator, Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitators, and any person who is responsible for implementing Western’s resolution processes. Western will make these training materials publicly available on Western’s website
• Any other actions taken in response to a report or Formal Complaint including:
  1. The basis for all conclusions that the response was not deliberately indifferent
  2. Any measures designed to restore or preserve equal access to Western’s Education Program or Activity

Western will also maintain any and all records in accordance with federal and state laws.

33. Disability Accommodations

Western Wyoming College is committed to providing reasonable accommodations and support to qualified Students, Employees, or others with disabilities to ensure equal access to Western’s resolution processes.

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with the Wellbeing & Accessibility as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

34. Other Support

Western will address other reasonable requests for support for the Parties and witnesses, including:

• Language services/Interpreters
• Access and training regarding use of technology throughout a resolution process
• Other support as deemed reasonable and necessary to facilitate participation in a resolution process

ADMINISTRATIVE RESOLUTION FOR ALLEGED VIOLATIONS OF THE EQUAL OPPORTUNITY POLICY (KNOWN AS PROCESS “B”)

1. Initial Assessment

The Title IX Coordinator conducts an initial assessment, typically within five (5) working days of receiving Notice.[27] The initial assessment typically includes:

• Assessing whether the reported conduct may reasonably constitute a Policy violation.
• Determining whether Western has jurisdiction over the reported conduct
• Offering and coordinating supportive measures for the Parties
• Notifying the Complainant, or the person who reported the allegation(s), of the available resolution options
• Determining whether the Complainant wishes to file a Formal Complaint.
• Notifying the Respondent of the available resolution option if a Formal Complaint is made

Helping a Complainant to Understand Resolution Options

If the Complainant indicates they wish to initiate the Administrative Resolution Process, the Title IX Coordinator will work with the Complainant to determine which resolution option they want to pursue. The Title IX Coordinator will seek to abide by the wishes of the Complainant but may have to take an alternative approach depending on their analysis of the situation.

Upon receiving a complaint that falls under the Administrative Resolution Process, the Title IX Coordinator will initiate an investigation.

If any party indicates that they want to pursue an Informal Resolution option, the Title IX Coordinator will refer the matter to the appropriate individuals(s) if the Title IX Coordinator determines Informal Resolution is available and the other Parties consent to participate.

If the Complainant does not want any action taken, the Title IX Coordinator will consider that request, and in most circumstances no resolution process will be initiated (unless deemed necessary by the Title IX Coordinator), though the Complainant can elect to initiate one later, if desired.

The Title IX Coordinator may consider elements such as patterns of behavior, predation, threats, violence, use of weapons, or involvement of minors in determining whether to initiate a resolution process.

Title IX Coordinator Authority to Initiate the Administrative Resolution Process

The Title IX Coordinator has ultimate discretion as to whether to pursue an Administrative Resolution Process and may consult with appropriate Western Employees, and/or conduct a violence risk assessment to aid their determination whether to initiate a complaint.

When the Title IX Coordinator initiates a complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged misconduct. If the Title IX Coordinator declines to initiate a complaint, alternative processes may be available and can be explored with the Title IX Coordinator.

The process followed considers the Parties’ preference but is ultimately determined at the Title IX Coordinator’s discretion. If at any point during the initial assessment or investigation the Title IX Coordinator determines that reasonable cause does not support the conclusion that Respondent violated the Policy, the process will end, and the Parties will be notified.

The Complainant may request that the Title IX Coordinator review the reasonable cause determination and/or re-open the investigation. This decision lies in the sole discretion of the Title IX Coordinator, but the request is usually only granted in extraordinary circumstances.

2. Interim Suspension

Western may interim suspend a Student accused of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct upon receipt of Notice or at any time during the Administrative Resolution Process.

When an interim suspension is imposed, wholly or partially, the affected Student will be notified of the action, which will include a written rationale, and the option to challenge the interim suspension within two (2) working days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the interim suspension is appropriate, should be modified, or should be lifted. When this meeting is not requested within two (2) working days, objections to the interim suspension will be deemed waived. A Student can later request a meeting to show why they no longer pose a safety concern because the related conditions have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is fair for them to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review.

An interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within five (5) working days of the review meeting.

3. Placing an Employee on Leave

When the Respondent is an Employee, or a Student-Employee accused of misconduct in the course of their employment, existing provisions for interim action are typically applicable instead of the above emergency removal process.

4. Counter-Complaints

Western is obligated to ensure that the Administrative Resolution Process is not abused for retaliatory purposes. Although Western permits the filing of counter-complaints, the Title IX Coordinator will use an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith. When counter-complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a Policy violation.

Counter-complaints determined to have been reported in good faith will be processed using the Administrative Resolution Process below. At the Title IX Coordinator’s discretion, investigation of such claims may take place after resolution of the underlying initial allegations.

5. Advisors in the Administrative Resolution Process

The Parties may each have an Advisor of their choice present with them for all meetings and interviews within the Administrative Resolution Process.

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

Upon request, and at the Title IX Coordinator’s discretion, the Parties may be permitted to have more than one Advisor. To ensure fairness, if one party is allowed another Advisor, the other party must be allowed one to as well.

A. Who Can Serve as an Advisor?

The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews, and hearings within the resolution process. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.[28]

Western cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, Western is not obligated to provide an attorney to advise that party.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

Western may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.

If a party requests that all communication be made through their attorney Advisor instead of to the party, Western will agree to copy both the party and their Advisor on all communications.

B. Advisor’s Role in the Administrative Resolution Process

Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

The Parties are expected to respond to questions on their own behalf throughout the Administrative Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Administrative Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

C. Records Shared with Advisors

Advisors are entitled to the same opportunity as their advisee to receive copies of the Draft and Final Investigation Reports. Parties will be asked to sign releases for Western to share materials with an Advisor.

Advisors are expected to maintain the confidentiality of the records Western shares with them. Western may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by Western’s confidentiality expectations.

D. Advisor Expectations

Western generally expects an Advisor to adjust their schedule to allow them to attend Western meetings/interviews when planned, but Western may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

Western may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview by telephone, video conferencing, or other similar technologies as may be convenient and available.

All Advisors are subject to the same Western policies and procedures, whether they are attorneys or not. Advisors are expected to advise without disrupting proceedings.

E. Advisor Policy Violations

Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with Western’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including Western requiring the party to use a different Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

6. Resolution Options Overview

The Administrative Resolution Process is Western’s primary resolution approach unless all Parties and Western agree to an Informal Resolution. The process considers the Parties’ preferences but is ultimately determined at the Title IX Coordinator’s discretion.

Resolution proceedings are private. All persons present at any time during a resolution process are expected to maintain the privacy of the proceedings in accordance with the Policy.

A. Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a Final Determination, or the Title IX Coordinator may offer the option to the Parties. Western will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution.

Three approaches to Informal Resolution are detailed in this section.

• Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Supportive Resolution involves only the party who opts for it.
  
  
• Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended sanction(s), and the Complainant(s) and Western are agreeable to the resolution terms.
• Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.
  
  

It is not necessary to pursue Informal Resolution first in order to pursue an Administrative Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Administrative Resolution Process.

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Administrative Resolution Process should Informal Resolution not be successful.

If an investigation is already underway, the Title IX Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

Prior to implementing Informal Resolution, Western will provide the Parties with written notice of the reported misconduct and any sanctions (only in the case of Accepted Responsibility) or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by Western.

Informal Resolution Approaches

(1)  Supportive Resolution

Most commonly offered once a complaint is filed (whereas supportive measures, as described in Section 9 of the Equal Opportunity Policy, are offered in response to Notice). The Title IX Coordinator will meet with the Complainant to determine reasonable supports that are designed to restore or preserve the Complainant’s access to Western’s education program and activity. Such supports can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Title IX Coordinator may also provide reasonable supports for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Title IX Coordinator does not believe there is a need to sign a complaint. At the discretion of the Title IX Coordinator, this resolution option can result in an agreement between the Complainant and Western that does not require assent from any other party, as long as it does not unduly burden any other party or function punitively with respect to them.

(2) Accepted Responsibility

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Administrative Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Title IX Coordinator will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Title IX Coordinator will determine whether all Parties and Western are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of Western Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Administrative Resolution Process will either begin or resume.

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

(3) Alternative Resolution

The institution offers a variety of alternative resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the Title IX Coordinator or other appropriate Western officials; and other forms of resolution that can be tailored to the needs of the Parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an alternative resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an alternative resolution process.

The Title IX Coordinator may consider the following factors to assess whether alternative resolution is appropriate, or which form of alternative resolution may be most successful for the Parties:

• The Parties’ amenability to alternative resolution
• Likelihood of potential resolution, considering any power dynamics between the Parties
• The nature and severity of the alleged misconduct
• The Parties’ motivation to participate
• Civility of the Parties
• Results of a violence risk assessment/ongoing risk analysis
• Respondent’s disciplinary history
• Whether interim action is needed
• Skill of the alternative resolution facilitator with this type of Complaint
• Complaint complexity
• Emotional investment/capability of the Parties
• Rationality of the Parties
• Goals of the Parties
• Adequate resources to invest in alternative resolution (e.g., time, staff)

The Title IX Coordinator has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Administrative Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). Where the failure to abide by the Informal Resolution agreement terms results in a failure to remedy a Policy violation, the Title IX Coordinator must consider whether to dissolve the agreement and reinstate the Administrative Resolution Process to remedy the impact as required by law. The results of reports resolved by alternative resolution are not appealable.

If an Informal Resolution option is not available or selected, Western will initiate or continue an investigation and subsequent Administrative Resolution Process to determine whether the Policy has been violated.

B. Administrative Resolution Process

Administrative Resolution can be pursued at any time during the process for any behavior for which the Respondent has not accepted responsibility that would constitute conduct covered by the Equal Opportunity Policy if proven. Administrative Resolution starts with a thorough, reliable, and impartial investigation.

If Administrative Resolution is initiated, the Title IX Coordinator will provide written notification of the investigation to the Parties at an appropriate time during the investigation. Typically, notice is given at least two (2) working days in advance of an interview. Advanced notice facilitates the Parties’ ability to identify and choose an Advisor, if any, to accompany them to the interview.

Written notification will include a meaningful summary of the allegations and the policies alleged to have been violated and may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official Western records, or emailed to the Parties’ Western-issued or other approved email account. Once emailed and/or received in-person, notice is presumptively delivered.

Western aims to complete all investigations within a ninety (90) working day-time period, which can be extended by the Title IX Coordinator as necessary for appropriate cause. Investigations can take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.

Once an investigation is initiated, the Title IX Coordinator appoints an Investigator(s) to conduct it. These Investigators may be members of the Resolution Process Pool, or any other properly trained Investigator, whether internal or external to Western community.

Western will make a good faith effort to complete the investigation as promptly as circumstances permit and will communicate regularly with the Parties to update them on the progress and timing of the investigation.

Western may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. Western will promptly resume its Resolution Process as soon as feasible. During such a delay, Western will implement and maintain supportive measures for the Parties as deemed appropriate.

Western action(s) are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all available, relevant Parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary.

7. Resolution Process Pool

Western relies on a pool of individuals (the “Pool”) to carry out the resolution options.

A. Pool Member Roles[29]

Resolution Process Pool members are trained annually, and can serve in any of the following roles, at the Title IX Coordinator’s discretion:

• Appropriate intake of and initial guidance pertaining to Notice
• Perform or assist with initial assessment
• Advisor to Parties
• Informal Resolution Facilitator
• Investigator
• Decision-maker
• Appeal Decision-maker

B. Pool Member Appointment

The Title IX Coordinator, in consultation with senior administrators as necessary, appoints the Resolution Process Pool, which acts with independence and impartiality.[30] Although members of the Resolution Process Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different complaints, Western can also designate permanent roles for individuals in the Resolution Process Pool.

C. Pool Member Training

8. Notice of Investigation and Allegations

The Title IX Coordinator will provide the Parties written Notice of the Investigation and Allegations (the “NOIA”) upon commencement of the Administrative Resolution Process. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA will include:

• A meaningful summary of all allegations
• The names of the involved Parties (if known)
• The precise misconduct being alleged
• The date and location of the alleged incident(s) (if known)
• The specific policies/offenses implicated
• A description of, link to, or copy of the applicable procedures
• A statement that Western presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a Final Determination that the Policy has been violated
• The name(s) of the Investigator(s), along with a process to notify the Title IX Coordinator of any conflict of interest that the Investigator(s) may have in advance of the interview process
• A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all Relevant Evidence obtained
• A statement of the potential sanctions/responsive actions that could result
• A statement about Western’s policy on Retaliation
• Information about process confidentiality
• Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor
• A statement informing the Parties that Western’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Administrative Resolution Process
• Information about how a party may request disability accommodations or other support assistance during the Administrative Resolution Process
• A link to Western’s VAWA Brochure, if applicable
• An instruction to preserve any evidence that is directly related to the allegations

Notification will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the Parties’ Western-issued email or other approved accounts. Once emailed and/or received in-person, notice is presumptively delivered.

9. Resolution Timeline

Western will make a good faith effort to complete the Administrative Resolution Process within ninety (90) working days, including any appeals, which the Title IX Coordinator can extend as necessary for appropriate cause. The Parties will receive regular updates on the progress of the Administrative Resolution Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Investigations are completed expeditiously, normally within ninety (90) working days, though some investigations may take longer, depending on the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

Western may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. Western will promptly resume its Administrative Resolution Process as soon as feasible. During such a delay, Western will implement and maintain supportive measures for the Parties as deemed appropriate.

Western action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

Western will make a good faith effort to complete the Administrative Resolution Process as promptly as circumstances permit and will regularly communicate with the Parties to update them on the progress and timing of the process.

10. Ensuring Impartiality

No individual materially involved in the administration of the Administrative Resolution Process, including the Title IX Coordinator, Investigator(s), and Decision-maker(s), may have or demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The Title IX Coordinator will vet the assigned Investigator(s), Decision-maker(s), and Appeal Decision-maker(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The Parties may raise a concern regarding bias or conflict of interest at any time during the Administrative Resolution Process, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Resolution Process Pool member, or other trained individual, will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the College President.

The Administrative Resolution Process involves an objective evaluation of all Relevant Evidence obtained, including evidence that supports that the Respondent violated the Policy and evidence that supports that the Respondent did not violate the Policy. Credibility determinations will not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written Investigation Report that accurately summarizes this evidence.

11. Investigation

All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all available, relevant Parties and witnesses, obtaining Relevant Evidence, and identifying sources of expert information, as necessary.

After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

Western may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondent(s), when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

Investigations involve the following:

• Determining the identity of and contacting all involved Parties and potential witnesses to participate in an investigation interview
• Identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses
• Providing written notification of the date, time, and location of all investigation meetings, including the expected participants and purpose
• Conducting any necessary follow-up interviews with Parties or witnesses.
• Providing the Parties and witnesses an opportunity to verify the accuracy of either a summary or transcript of their interview(s)
• Soliciting the names of suggested witnesses and questions each party wishes to have asked of another party or witness
• Writing a Draft Investigation Report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party and witness interviews, and provides all Relevant Evidence
• Providing the Parties and their respective Advisors an electronic or hard copy of the Draft Investigation Report for a ten (10) working day review and comment period so that each party may meaningfully respond to the evidence. The Parties may elect to waive the full ten (10) days
• Incorporating any new, Relevant Evidence and information obtained through the Parties’ review of the Draft Investigation Report and any follow-up meetings into the Final Investigation Report
• Responding in writing (typically within the Final Investigation Report) to the relevant elements of the Parties’ responses to the Draft Investigation Report.

Sharing the Final Investigation Report with the Title IX Coordinator [and/or legal counsel] for their review and feedback

• Providing the Title IX Coordinator with the Final Investigation Report, including assessment and synthesis of the Relevant Evidence without making any recommendations or reaching any conclusions

12. Investigation Process Details

A. Witness Role and Participation in the Investigation

Witnesses who are Western Employees are strongly encouraged to cooperate with and participate in Western’s investigation and Administrative Resolution Process. Student witnesses and witnesses from outside Western community are encouraged to cooperate with Western investigations and to share what they know about a complaint.

Party and/or witness interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx), or, in limited circumstances, by telephone. Western will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

B. Interview Recording

It is standard practice for Investigators to create a record of all interviews pertaining to the Administrative Resolution Process, by recording, transcript, or written summary. The Parties may review copies of their own interviews upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings.

All interviews are recorded, and all involved persons should be made aware of the audio and/or video recording. The recording and/or transcript of those meetings will be provided to the Parties for their review, after which the Parties may suggest additional questions to be asked of another party or witness or additional witnesses. Those subsequent meetings or interviews are also recorded and/or transcribed.

C. Evidentiary Considerations

The Parties must provide all evidence to the Investigator(s) prior to completion of the Final Investigation Report. Evidence offered after that time will be evaluated by the Decision-maker for relevance. If deemed relevant, the Parties and Decision-maker must agree to admit it into the record. If the evidence is deemed not relevant, the Decision-maker may proceed with making Findings and a Final Determination absent the new evidence.

The new relevant evidence will be admitted to the record if:

• All Parties and the Decision-maker assent to the new evidence being considered without remanding the matter back to the Investigator,
• The evidence is not duplicative of evidence already in the record, and
• The new evidence was either not reasonably available prior to the conclusion of the Final Investigation Report, or the failure to provide it in a timely manner was not the result of bad faith by the Parties, witnesses, or others.

If the above criteria are not met, but the evidence is deemed materially relevant and not duplicative, the Decision-maker may, at their discretion, engage in any of the following actions:

• Provide the Parties with at least five (5) working days to review the relevant evidence
• Remand the matter back to the Investigator for further investigation or analysis
• Allow the Parties time to review and comment on the new evidence

If the evidence is deemed not relevant, the Decision-maker may proceed with making Findings and a Final Determination without allowing the new evidence.

Any evidence that is relevant and credible may be considered, including a Respondent’s prior disciplinary history as well as evidence indicating a pattern of misconduct, subject to the limitation in (D) below. The process should exclude irrelevant or immaterial evidence and may disregard evidence lacking in credibility or that is improperly prejudicial.

D. Evidentiary Exclusions

Unless the Decision-maker determines it is appropriate, the investigation and the Finding do not consider: (1) incidents not directly related to the possible violation(s), unless they evidence a pattern; (2) the irrelevant sexual behavior of the Parties (though there may be a limited exception made with regard to the sexual behavior between the Parties); (3) irrelevant character evidence.

Although the Respondent’s previous conduct violations (if any) are not generally admissible as information supporting the current allegation(s), the Investigator(s) may supply the Decision-maker with information about previous good faith allegations and/or findings when that information suggests potential pattern and/or predatory conduct.

Western uses a progressive discipline system, thus previous disciplinary action of any kind involving the Respondent may be considered in determining the appropriate sanction(s).

Character witnesses or evidence may be offered. The Decision-maker will determine if the character evidence is relevant. If so, it may be considered. If not, it will be excluded.

A party or witness’s records that are made or maintained by a physician, psychologist, or psychiatrist are inadmissible unless the party or witness provides voluntary, written consent for the records to be considered.

13. Respondent Admits Responsibility

If a Respondent elects to admit to the charged violations and waive further process at any point in the Administrative Resolution Process, the Decision-maker is authorized to accept that admission, adopt it as their Finding/Final Determination, and administer sanctions. This would waive the Respondent’s right to appeal. If the Respondent rejects the Finding/Final Determination/sanctions, or does not admit to all charged violations, the Administrative Resolution Process continues to its conclusion. The Complainant retains their right to appeal a Final Determination when a Respondent admits responsibility.

14. Determination

Within three (3) working days of receiving the Investigator’s Final Investigation Report, the Decision Maker reviews the report and all responses, and then makes the Final Determination by applying the standard of evidence.[31]

If the record is incomplete, the Decision-maker may direct the Investigator(s) to re-open the investigation, or may direct or conduct any additional inquiry necessary, including informally meeting with the Parties or any witnesses if needed.

The Decision-maker may invite and consider impact and/or mitigation statements from the Parties when determining appropriate sanction(s), if any.

15. Notice of Outcome

The Title IX Coordinator will provide the Parties a written outcome notification within three (3) working days of the Resolution. The outcome notification will specify the Finding for each alleged Policy violation, any sanction(s) that may result, which Western is permitted to share pursuant to federal or state law, and a detailed rationale, written by the Decision-maker, supporting the Findings to the extent Western is permitted to share under federal or state law.

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals. Unless based on the Respondent’s admission of responsibility, the Determination may be appealed by any party.

The Title IX Coordinator will provide the Parties with the outcome notification, or without significant time delay between notifications. Notice may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official Western records, or emailed to the Parties’ Western-issued or other approved email account. Once emailed and/or received in-person, notice is presumptively delivered.

16. Sanctions

Factors the Decision-maker may consider when determining sanctions and responsive action include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
• The need for sanctions/responsive actions to prevent the future recurrence of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
• The need to remedy the effects of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct on the Complainant and the community
• The impact on the Parties
• The Respondent’s acknowledgement of responsibility or contrition
• Any other information deemed relevant by the Decision-maker

The sanctions will be implemented as soon as is feasible once a Determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in the Procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

A. Student Sanctions

The following are the common sanctions that may be imposed upon Students singly or in combination:

• Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any Western policy, procedure, or directive will result in more severe sanctions/responsive actions
• Required Counseling: A mandate to meet with and engage in either Western-sponsored or external counseling to better comprehend the misconduct and its effects
• Restrictions: A Student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or holding leadership roles in student organizations
• Probation: An official sanction for violation of Western policy, providing for more severe disciplinary sanctions if the Student is found in violation of any Western policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
• Suspension: Separation from Western, or one or more of its facilities, for a defined period of time, typically not to exceed two (2) years, after which the Student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the Student is eligible to return if Western determines it is appropriate to re-enroll/readmit the Student. The Student is typically required to vacate Western property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Title IX Coordinator or other appropriate official. During a Western-wide suspension, the Student is banned from Western property, functions, events, and activities unless they receive prior written approval from an appropriate Western official. This sanction may be enforced with a trespass action, as necessary. This sanction may be noted as a Disciplinary Suspension on the Student’s official academic transcript, per Western policy and/or state law.
• Expulsion: Permanent separation from Western. The Student is banned from Western property, and the Student’s presence at any Western-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary. This sanction may be noted as Disciplinary Expulsion on the Student’s official academic transcript, per Western policy and/or state law.
• Withholding Diploma: Western may withhold a Student’s diploma for a specified period of time and/or deny a Student participation in commencement activities as a sanction if the Student is found responsible for violating the Policy
• Revocation of Degree: While very rarely exercised, Western reserves the right to revoke a degree previously awarded by Western for fraud, misrepresentation, and/or other violation of Western policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a Student prior to graduation
• Other Actions: In addition to, or in place of, the above sanctions, Western may assign any other sanctions as deemed appropriate

B. Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an Employee who has engaged in Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to a New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to, or in place of, the above sanctions/responsive actions, Western may assign any other responsive actions as deemed appropriate.

17. Withdrawal or Resignation Before Complaint Resolution

A. Students

Should a Respondent decide not to participate in the Administrative Resolution Process, the process proceeds absent their participation to a reasonable resolution. If a Student Respondent withdraws from Western, the Administrative Resolution Process typically ends with a dismissal, as Western has lost primary disciplinary jurisdiction over the withdrawn Student. However, Western may continue the Administrative Resolution Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Administrative Resolution Process, Western will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

When a Student withdraws or takes a leave of absence while the process is pending, the Student may not return to Western in any capacity until the allegations are resolved and any sanctions imposed are satisfied. If the Student indicates they will not return, the Title IX Coordinator has discretion to dismiss the allegations and bar the Student from returning. The Registrar, Office of Admissions, and HR may be notified accordingly.

If the Student Respondent takes a leave of absence for a specified period of time (e.g., one semester or term), the Administrative Resolution Process may continue remotely. If found in violation, that Student is not permitted to return to Western unless and until all sanctions, if any, have been satisfied.

B. Employees

Should an Employee Respondent decide not to participate in the Administrative Resolution Process, the process proceeds absent their participation to a reasonable resolution. If an Employee Respondent leaves their employment with Western with unresolved allegations pending, the Administrative Resolution Process typically ends with dismissal, as Western has lost primary disciplinary jurisdiction over the former Employee. However, Western may continue the Administrative Resolution Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

Regardless of whether the allegations are dismissed or pursued to completion of the Administrative Resolution Process, Western will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

When an Employee resigns and the allegations are dismissed, the Employee may not return to Western in any capacity. The Registrar, Office of Admissions, and HR will be notified accordingly. A note will be placed in the Employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with Western. The records retained by the Title IX Coordinator will reflect that status.

18. Appeals

The Title IX Coordinator will designate an Appeal Decision-maker from the Resolution Process Pool, or other trained internal or external individuals, to hear the appeal. No Appeal Decision-maker will have been previously involved in the Administrative Resolution Process for the matter. The Title IX Coordinator will designate a voting chair if a panel is used.

A. Appeal Grounds

Appeals are limited to the following grounds:

• A procedural irregularity affected the outcome of the matter
• There is new evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter
• The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter
• The Decision-maker’s Final Determination is substantially contrary to the weight of the evidence in the record (applicable to sanctions of suspension, expulsion, or termination-level offenses, only)
• The sanctions fall outside the range of sanctions designated for this offense, considering the cumulative conduct/disciplinary record of the Respondent (applicable to sanctions of suspension, expulsion, or termination-level offenses, only)

B. Appeal Request

Any party may submit a written appeal request to the Title IX Coordinator within three (3) working days of the delivery of the notice of outcome.

The appeal request will be forwarded to the Appeal Decision-maker for consideration to determine if the request meets the appeal grounds for appeal (a Review for Standing). This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

If the appeal request does not provide information that meets the grounds in the procedures, the request will be denied by the Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

If any of the information in the appeal request meets the grounds in the Procedures, then the Appeal Decision-maker will notify all Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker.

All other Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-maker will be provided a copy of the appeal request with the approved grounds and then be given five (5) working days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties for review and comment.

The non-appealing party (if any) may also choose to appeal at this time. If so, that appeal request will be reviewed by the Appeal Decision-maker to determine if it meets the grounds in the Procedures and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or original Decision-maker, as necessary, who will submit their responses, if any, within five (5) working days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties and their Advisors will be notified in writing.

No party may submit any new appeal request after this time period. The Appeal Decision-maker will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Appeal Decision-maker, who will promptly render a decision.

C. Appeal Determination Process

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Decision-maker will deliberate as soon as is practicable and discuss the merits of the appeal.

Appeal decisions are to be deferential to the original determination, making changes to the Finding/Final Determination only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions are made by majority vote and apply the preponderance of the evidence standard of evidence.

An appeal is not an opportunity for the Appeal Decision-maker to substitute their judgment for that of the original Decision-maker merely because they disagree with the Finding and/or sanction(s).

The Appeal Decision-maker may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

D. Appeal Outcome

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the Title IX Coordinator (as in cases of bias), the Appeal Decision-maker may order a new investigation and/or a new hearing with new Resolution Process Pool members serving in the Investigator and Decision-maker roles.

A notice of appeal outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The appeal outcome letter will specify the Finding on each appeal ground, any specific instructions for remand or reconsideration, all sanction(s) that may result which Western is permitted to share according to federal or state law, and the rationale supporting the essential Findings to the extent Western is permitted to share under federal or state law.

Written notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official institutional records, or emailed to the Parties’ Western-issued email or other approved account. Once emailed and/or received in person, the appeal outcome will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new Finding or sanction, that Finding or sanction can be appealed one final time on the grounds listed above and in accordance with the Procedures.

If a remand results in a new Finding or sanction that is different from the original Finding or sanction, that new Finding or sanction can be appealed, once, on any of the available appeal grounds.

E. Sanction Status During the Appeal

Any sanctions imposed as a result of the Final Determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the interim suspension procedures (detailed above) for a show cause meeting on the justification for doing so must be permitted within two (2) working days of implementation.

19. Long-Term Remedies/Actions

Following the conclusion of the Administrative Resolution Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or Western community that are intended to stop the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct, remedy the effects, and prevent its recurrence.

These remedies/actions may include, but are not limited to:

• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Policy modification and/or training
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, course schedules, etc.

At the Title IX Coordinator’s discretion, the Parties may be provided certain long-term support or measures even if no Policy violation is found.

When no Policy violation is found, the Title IX Coordinator will address any remedies Western owes the Respondent to ensure no effective denial of educational access.

Western will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair Western’s ability to provide these services.

20. Failure to Comply with Sanctions and/or Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker, including the Appeal Decision-maker or the Informal Resolution agreement.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from Western.

Supervisors are expected to enforce completion of sanctions/responsive actions for their Employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator’s satisfaction.

21. Recordkeeping

In implementing the Policy and Procedures, the Title IX Coordinator will maintain records of all allegations, investigations, and Resolutions, indefinitely, or as required by federal or state law or institutional policy.

22. Statement of the Rights of the Parties (See Appendix E)

23. Disability Accommodations

Western Wyoming College is committed to providing reasonable accommodations and support to qualified Students, Employees, or others with disabilities to ensure equal access to Western’s Resolution Process.

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with the Wellbeing & Accessibility as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

24. Other Support

Western will address other reasonable requests for support for the Parties and witnesses, including:

• Language services/Interpreters
• Access and training regarding use of technology throughout a resolution process
• Other support as deemed reasonable and necessary to facilitate participation in a resolution process

APPENDIX A: DEFINITIONS[32]

The following definitions apply to the Equal Opportunity Policies and Procedures:

• Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to a resolution process, advise the party on that process, and conduct questioning for the party at the hearing, if any.
• Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the Equal Opportunity Policy and Procedures. As used throughout the Policy and procedures, the “Title IX Coordinator” also includes their designee(s).
• Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the appeal grounds are met, and directs responsive action(s) accordingly.
• Complainant. An individual who has allegedly been subjected to conduct that could constitute Discrimination, Harassment, Retaliation, or Other Prohibited Conduct under the Policy.
• Confidential Resource. An Employee who is not a Mandated Reporter of Notice of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct under the Policy (irrespective of Clery Act Campus Security Authority status).
• Day. A working day when Western is in normal operation. All references to days in the Policy refer to working days unless specifically noted.
• Decision-maker. The person or panel who reviews evidence, determines relevance, and makes the Final Determination of whether the alleged conduct has violated the Policy and/or assigns sanctions.
• Directly Related Evidence. Evidence connected to the allegations, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and which cannot be relied upon by the Decision-maker. Compare to Relevant Evidence
• Education Program or Activity. Locations, events, or circumstances where Western exercises substantial control over both the Respondent and the context in which the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct occurs. Also includes any building owned or controlled by a student organization that Western officially recognizes.
• A person, including Faculty, employed by Western, either full- or part-time, including Student-Employees when acting within the scope of their employment.
• Any member of Western community who is responsible for academic activities, teaching, research, or the academic evaluation of Students.
• Final Determination. A conclusion by the standard of evidence that the alleged conduct did or did not violate the Policy.
• Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
• Formal Complaint. A document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in Discrimination, Harassment, Retaliation, and/or Prohibited Conduct under the Policy and requesting that Western investigate the allegation(s).
• Formal Grievance Process. “Process A,” Western’s method of formal resolution to address Title IX Sexual Harassment allegations, which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45) and the Violence Against Women Act amendments to the Clery Act (34 C.F.R. § 668). See Appendix C for information on the Administrative Resolution Process (“Process B”) Western may use to resolve complaints in certain situations.
• Informal Resolution. A Resolution the Parties agree to and the Title IX Coordinator approves, which occurs prior to a Final Determination.
• Investigation Report. The Investigator’s written summary of all Relevant Evidence gathered during the investigation. Versions include the Draft Investigation Report and the Final Investigation Report.
• Investigator. The person(s) Western authorizes to gather facts about an alleged violation of the Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report of Relevant Evidence and a file of Directly Related Evidence.
• Mandated Reporter. A Western Employee who is obligated by Policy to share knowledge, Notice, and/or reports of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct with the Title IX Coordinator.[33]
  
  
• Equal Opportunity Team. The Title IX Coordinator, any deputy coordinators, and any member of the Resolution Process Pool.
• Notice. When an Employee, Student, or third party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.
• Official with Authority (OWA). A Western Employee who has responsibility to implement responsive measures for Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct on Western’s behalf. Western OWAs.
• Parties. The collective term for the Complainant(s) and Respondent(s) involved in a complaint.
• Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy , or lactation, medical conditions related thereto, or recovery therefrom.
• Process A. The Formal Grievance Process detailed in the procedures and defined above.
• Process B. The Administrative Resolution Process detailed in Appendix C that only applies when Process A does not, as determined by the Title IX Coordinator.
• Protected Characteristic. Any characteristic for which a person is afforded protection against Discrimination and Harassment by law or Western policy.
• Reasonable Person. A reasonable person under similar circumstances and with similar identities to the Complainant.
• Relevant Evidence. Evidence that tends to prove or disprove any element of an offense or any issue materials to resolving a complaint.
• Remedies. Typically, post-Resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to Western’s Education Program or Activity.
• Respondent. A person who is alleged to have engaged in conduct that could constitute Discrimination based on a protected characteristic, Harassment, or Retaliation for engaging in a protected activity under the Policy, or Other Prohibited Conduct.
• Resolution. The result of an Informal Resolution, a Formal Grievance Process, or Administrative Resolution Process.
• Sanction. A consequence imposed on a Respondent who is found to have violated the Policy.
• Birth Sex (under Title IX). Outside Title IX, Sex can include gender identity, gender expression, sexual orientation, sex characteristics, and sex stereotypes.
• Student. Any individual who has accepted an offer of admission, or who is registered for or enrolled in for-credit or non-credit-bearing coursework, and who maintains an ongoing educational relationship with Western.
• Title IX Coordinator. At least one official designated by Western to ensure compliance with Title IX and Western’s Title IX program. References to the Coordinator throughout the Policy may also encompass a Coordinator’s designee for specific tasks.
• Equal Opportunity Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Resolution Process Pool.

APPENDIX B: STATEMENT OF THE PARTIES’ RIGHTS

Under the Policy and Procedures, the Parties have the right to:

• An equitable investigation and Resolution of all credible allegations of prohibited Discrimination, Harassment, Retaliation, and Other Prohibited Conduct, when reported in good faith to Western officials
• Timely written notice of all alleged violations, including the identity of the Parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions
• Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional reports, or Formal Complainants) by updating the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify potentially implicated Policy violations
• Be informed in advance of any Western public release of information regarding the allegation(s) or underlying incident(s), whenever possible
• Have all personally identifiable information protected from Western’s release to the public without consent, except to the extent permitted by law
• Be treated with respect by Western officials
• Have Western Policy and Procedures followed without material deviation.
• Voluntarily agree to resolve allegations under the Policy through Informal Resolution without Western pressure, if Informal Resolution is approved by the Title IX Coordinator
• Not be discouraged by Western officials from reporting Discrimination, Harassment, Retaliation, and Other Prohibited Conduct to both on-campus and off-campus authorities
• Be informed of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) for Western to assist in notifying such authorities, if the party chooses. This also includes the right not to be pressured to report
• Have Western Campus Security and/or other Western officials respond promptly to alleged Policy violations
• Be informed of available supportive measures, such as counseling, advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on campus and in the community
• A Western-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct
• Be informed of available assistance in changing academic, living, and/or employment situations after an alleged incident of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct if such changes are reasonably available. No report or Formal Complaint, or investigation, either institutional or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
  • Relocating a residential Student’s housing to a different on-campus location
  • Assistance from Western staff in completing the relocation
  • Changing an Employee’s work environment (e.g., reporting structure, office/workspace relocation)
  • Transportation assistance
  • Visa/immigration assistance
  • Arranging to dissolve a housing contract and provide a pro-rated refund
  • Rescheduling or adjusting an exam, paper, and/or assignment
  • Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)
  • Transferring class sections
  • Temporary withdrawal/leave of absence (may be retroactive)
  • Campus safety escorts
  • Alternative course completion options
• Have Western maintain supportive measures for as long as necessary, ensuring they remain confidential, provided confidentiality does not impair Western’s ability to provide the supportive measures or comply with the law
• Receive sufficiently advanced written notice of any Western meetings or interviews involving another party, when possible
• Identify and have the Investigator(s), Advisors, and/or Decision-maker question relevant available witnesses, including expert witnesses
• Provide the Investigator(s)/Decision-maker with a list of questions that, if deemed relevant by the Investigator(s)/Decision-maker, may be asked of any party or witness
• Have Complainant’s inadmissible sexual predisposition/prior sexual history or any party’s irrelevant character evidence excluded by the Decision-maker
• Review the Relevant and Directly Related Evidence (if applicable) obtained and respond to that evidence
• A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record
• Receive a copy of all Relevant and Directly Related Evidence (if applicable) obtained during the investigation, subject to privacy limitations imposed by federal and state law, and a ten (10) working day period to review and comment on the evidence
• Receive a copy of the Final Investigation Report, including all factual, Policy, and/or credibility analyses performed, and to have at least ten (10) working days to review and comment on the report prior to a hearing
• Be informed of the names of all witnesses whose information will be used to make a Finding, in advance of that Finding, when relevant
• Regular status updates on the investigation and/or resolution process
• Have reports of alleged Policy violations addressed by Resolution Process Pool members, or others, who have received relevant annual training as required
• A Decision-making panel that is not single Sex in its composition, if a panel is used
• Preservation of confidentiality/privacy, to the extent possible and permitted by law
• Meetings, interviews, and/or hearings that are closed to the public
• Petition that any Western representative in the process be recused on the basis of disqualifying bias and/or a conflict of interest
• Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process
• Apply the appropriate standard of evidence, preponderance of the evidence, to make a Finding and Final Determination after an objective evaluation of all Relevant Evidence.
• Be present, including presence via remote technology, during all testimony given and evidence presented during any hearing
• Have an impact and/or mitigation statement considered by the Decision-maker following a Final Determination of responsibility for any allegation, but prior to sanctioning
• Be promptly informed of the resolution process Finding(s) and sanction(s) (if any) and be given a detailed rationale for the decision (including an explanation of how credibility was assessed) in a written outcome letter delivered to the Parties simultaneously (without undue delay)
• Be informed in writing of when a Western decision is considered final and any changes to the Final Determination or sanction(s) that occur post outcome letter delivery
• Be informed of the opportunity to appeal the Finding(s) and sanction(s) and the procedures for doing so in accordance with Western’s appeal grounds
• A fundamentally fair resolution as defined in the Procedures

APPENDIX C: POOL MEMBER TRAINING

Resolution Process Pool members receive annual training related to their respective roles. This training may include, but is not limited to:

• The scope of Western’s Equal Opportunity Policy
• Western’s Formal Grievance Process
• How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability
• Implicit bias and confirmation bias
• Disparate treatment
• Reporting, confidentiality, and privacy requirements
• Applicable laws, regulations, and federal regulatory guidance
• How to implement appropriate and situation-specific remedies
• How to investigate in a thorough, reliable, timely, and impartial manner
• Trauma-informed practices pertaining to investigations and resolution processes
• How to uphold fairness and due process
• How to weigh evidence
• How to conduct questioning
• How to assess credibility
• Impartiality and objectivity
• How to render findings and generate clear, concise, evidence-based rationales
• The definitions of all prohibited conduct
• How to apply definitions used by Western with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with Policy
• How to conduct an investigation and grievance process including hearings, appeals, and Informal Resolution Processes
• How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias against Respondents and/or for Complainants, and on the basis of Sex, race, religion, and other protected characteristics
• Any technology to be used at a live hearing
• Issues of relevance of questions and evidence
• Issues of relevance to create an investigation report that fairly summarizes relevant evidence
• How to determine appropriate sanctions in reference to all forms of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct violations
• Recordkeeping

The materials used to train all members of the Resolution Process Pool do not rely on sex stereotypes and are publicly posted here.

[1] Public awareness events such as “Take Back the Night” or other forums at which individuals disclose experiences with Sexual Harassment are not considered notice to the Recipient for the purpose of triggering an individual investigation unless the individual initiates a complaint.

[2] Education Program and Activity include Western Employees’ work environment.

[3] Implicitly or explicitly.

[4] Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent), though a Decision-maker may consider compelling evidence that rebuts an assertion of unwelcomeness. Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a Reasonable Person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

[5] Fondling is a legacy term; the FBI Uniform Crime Reporting (UCR) system uses the term “Criminal Sexual Contact”.

[6] Contact with body parts is considered to be done for the purpose of sexual degradation, sexual gratification, or sexual humiliation unless: (1) the contact can be proven inadvertent; (2) the contact is for a legitimate medical (or other privileged) purpose and thus is conduct for which consent should have been sought and obtained by the provider; (3) the contact involves a Respondent who is pre-sexual, based on maturity/age (thus their intent is not sexual); (4) the contact involves a Respondent who cannot developmentally understand sexual contact or that their contact is sexual; or (5) The contact is something like butt-slapping on a team and is both minimal and unlikely to have sexual motivation or purpose, as shown by the context of the act(s).

[7] For purposes of the Policy, violence includes situations where the Respondent intentionally or recklessly causes the Complainant serious physical, emotional, or psychological harm.
(1) Intent is evidenced when a Reasonable Person would be more likely to act with the purpose of causing serious harm rather than for any other reason.
(2) Recklessness is evidenced by a disregard of obvious risk to the safety of the Complainant.
(3) Legitimate use of violence for self-defense is not chargeable under the Policy because the purpose is safety, not harm. It may also be used as a defense if is not clear at the time of charging whether the use of violence was for self-defense or not. Self-defense is only to be considered if it is prompted by physical violence or the threat thereof.
(4) Consensual use of violence, such as in kink relationships, would also not meet this definition, in most circumstances.
(5) Threats to seriously harm the Complainant or people they care about may be chargeable under this definition if doing so causes serious emotional or psychological harm.

[8] To categorize an incident as Domestic Violence under the Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

[9] As defined in the footnote for Dating Violence.

[10] Authentic Non-Consensual Intimate Imagery includes authentic (i.e., real) sexually explicit, nude, or intimate videos, photos, or audio recordings of an individual distributed without the consent of the individual depicted.

[11] Synthetic Non-Consensual Intimate Imagery includes videos, photos, or audio representations of an individual that have been digitally manipulated (i.e., faked) to depict an individual in a sexually explicit, nude, or intimate manner or saying sexual or explicit words/statements and distributed without the consent of the individual depicted. Synthetic NCII depicts sexually related actions or behaviors that never happened, or places

identifiable individuals in pornographic, nude, or sexual situations without their consent.

[12] The state definition of consent is applicable to criminal prosecutions for sex offenses in Wyoming but may differ from the definition used by Western to address Policy violations.

[13] Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.

[14] As required by federal law, Western may not initiate a grievance process for allegations of Title IX Sexual Harassment without a Formal Complaint. For all other allegations of prohibited conduct under the Policy, a Formal Complaint is not required, and the Western may initiate its grievance process upon Notice of the alleged misconduct. Notice can be substituted in place of references to a Formal Complaint for allegations other than Title IX Sexual Harassment throughout the Policy.

[15] 20 U.S.C. 1232g.

[16] 34 C.F.R. § 99.

[17] 42 U.S.C. sections 13701 through 14040.

[18] If circumstances require, the College President or Title IX Coordinator will designate another person to oversee the resolution process should an allegation be made about the Title IX Coordinator or the Title IX Coordinator be otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

[19] 34 C.F.R. § 106.45.

[20] These dismissal requirements are mandated by 34 CFR § 106.45.

[21] Such a Complainant is still entitled to supportive measures, but the Formal Grievance Process is not applicable unless the Title IX Coordinator signs the Formal Complaint in the event the Complainant cannot/will not do so.

[22] “Available” means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting roles, such as being a Title IX administrator who has an active role in the matter, or a supervisor who must monitor and implement sanctions.

[23] Western defines "predisposition" in alignment with its commonly understood and dictionary definition of being inclined toward a thing, action, or person. Predisposition does not encompass an aversion, or being disinclined to a thing, action, or person.

[24] Western defines “prior sexual behavior” to include only sexual actions taken by or involving Complainant prior to the reported incident(s), not to the absence of such actions.

[25] Hard-copy materials may be provided upon request to the Title IX Coordinator. The Final Investigation Report and Relevant Evidence may be shared using electronic means that preclude downloading, forwarding, or otherwise sharing.

[26] 34 C.F.R. § 668.46(k)(3)(B)(3) requires “timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings.”

[27] If circumstances require, the College President or Title IX Coordinator will designate another person to oversee the resolution process should an allegation be made about the Title IX Coordinator or the Title IX Coordinator be otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

[28] “Available” means the party cannot insist on an Advisor who simply doesn’t have inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting roles, such as being a Title IX administrator who has an active role in the matter, or a supervisor who must monitor and implement sanctions.

[29] External, trained third-party neutral professionals may also serve in Resolution Process Pool roles.

[30] External, trained third-party neutral professionals may also be used to serve in Resolution Process Pool roles.

[31] When the Title IX Coordinator is the Investigator or has been heavily involved in the process prior to a determination, a Decision-maker should be designated from the Resolution Process Pool to ensure there is no conflict of interest.

[32] Defined terms are considered “terms of art” and are capitalized throughout this document.

[33] Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of individuals with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility under the Policy.