Procedural Guidance for Rhodes College
Title IX Sex/Gender Discrimination and Sexual Misconduct Policy

Table of Contents

  1. General Provisions and Student Protections
  2. Selection and Use of Advisors and Supporters
  3. Intake Procedures
  4. Procedures for Investigating Reports and Claims
  5. Informal Resolution Conference – For Students
  6. Formal Resolution Hearing – When Both Parties Are Students
  7. Sanctions – For Students
  8. Student Appeals
  9. Sanctions – For Faculty and Staff

This procedural guidance provides details on how the College typically will administer, investigate, adjudicate, and resolve cases arising under the Rhodes College Sex/Gender Discrimination and Sexual Misconduct Policy (“Policyˮ). Please refer to the Policy for key terms and provisions.

These procedures apply when both parties are students. The College has discretion to apply these procedures when one or both parties is neither a student nor an employee (e.g., when one party is a former student or is not enrolled at or employed by Rhodes).

If the Respondent is a non-faculty employee (e.g., a staff member or contract services employee), the Title IX Coordinator will refer the case to the Chief Human Resources Officer for investigation; if the Respondent is a faculty member, the Title IX Coordinator will refer the case to the Provost and Vice President for Academic Affairs and the Chief Human Resources Officer for investigation. Any such matter involving an employee Respondent will be governed by the employee discipline policies for faculty and staff and as described in the Rhodes College Handbook, and if the Claimant is a student, shall be coordinated with the Title IX Coordinator.

SECTION I. General Provisions and Student Protections

A. General Provisions.

1. Rhodes will investigate all Reports and Claims of Sex/Gender Discrimination and Sexual Misconduct.

2. The Title IX Coordinator will facilitate the investigative process from an administrative and logistical standpoint for all matters in which both parties are students. While procedures may vary for matters in which a non-student is involved, it is anticipated that Title IX Coordinator will be the interface with any student Claimant and any student Respondent involved in any investigation and resolution of a Report or Claim, from start to finish.

3. Most investigations into incidents of alleged Sex/Gender Discrimination and Sexual Misconduct will be completed within sixty (60) calendar days, excluding any appeal(s). The amount of time needed to investigate a Report or Claim will depend in part on the nature of the allegation(s) and the evidence to be investigated (e.g., the number and/or availability of witnesses involved), as well as the College’s academic calendar.

4. Rhodes will make reasonable efforts to balance and protect the rights of the parties during any investigation commenced under the Policy. Rhodes will respect the privacy of the parties and any witnesses in a manner consistent with the College’s obligations to investigate the alleged incident, take appropriate interim and/or corrective action, and comply with any discovery or disclosure obligations required by law.

5. Pursuing a Report or Claim under the Policy does not affect a Claimant’s ability to pursue a criminal action against the individual accused of the misconduct through the criminal justice system. An individual who has been subjected to Sex/Gender Discrimination or Sexual Misconduct may choose to file a Report or Claim under the Policy, pursue remedies through the criminal justice system, or both. To the extent allowed by law, Rhodes will cooperate with any other ongoing College or criminal investigations of the incident.

6. Rhodes will keep the parties reasonably informed of the status of the investigation. If it is determined that more time is needed for the investigation, Rhodes will communicate the additional estimated amount of time needed to complete the investigation.

7. Any reoccurrences of conduct found to have violated the Policy or any other related concerns should be reported to the Title IX Coordinator.

B. Student Claimant and Respondent Protections.

When both parties to a Claim of Sex/Gender Discrimination or Sexual Misconduct are students, they shall have the following procedural protections and considerations:

1. To be given written notice of any charges under a Claim of an alleged violation of the Policy;
2. To be advised of and review the evidence associated with the Claim to the extent permitted by law;
3. To request a delay of a hearing or conference due to extenuating circumstances, provided that the grant of such request is at the discretion of the Title IX Coordinator;
4. To challenge the objectivity of any member of the Sexual Misconduct Hearing Board upon the belief that a bias or conflict of interest may exist;
5. To admit responsibility for any or all charges of alleged violations of the Policy;
6. To decline to make statements;
7. To present their version of the events in question;
8. To have witnesses present factual information on their behalf (character witnesses are not permitted);
9. To be advised by and/or receive assistance in preparing their case from an Advisor;
10. To be accompanied by a Supporter at any hearing or conference; and
11. To appeal the decision rendered following a hearing within the limits of the time and conditions specified in the Policy and these accompanying procedures.

SECTION II. Selection and Use of Advisors and Supporters

A. Advisors. Both Claimants and Respondents may choose an Advisor to accompany them to any Title IX hearing, conference, or related disciplinary proceeding. Advisors for both Claimants and Respondents may be present during hearings, conferences and related disciplinary proceedings, and they may provide the parties with consultation, assistance and support. However, Advisors are not permitted to directly participate in Formal Resolution Hearings and Informal Resolution Conferences by, for example, making opening or closing statements, presenting evidence, making procedural objections, questioning witnesses, or otherwise actively participating.

B. Supporters. Both Claimants and Respondents may also choose a designated Supporter. The role of the Supporter is primarily to provide emotional support during the process by accompanying the Claimant or Respondent to any hearing, conference or related disciplinary proceeding. The Claimant and the Respondent may choose any person, regardless of their association with the College, to perform the role of Supporter and to support them through a portion of or the entire Title IX process. Neither party is required to have and be accompanied by a Supporter; however, the College encourages the presence of a Supporter at all stages of the proceedings, including the reporting and investigation stages, in order to provide the Claimant and Respondent with emotional and personal support. The Supporter may be present during any stage of these processes but will not be allowed to make opening or closing statements, present evidence, make procedural objections, question witnesses, or otherwise actively participate during Formal Resolution Hearings and Informal Resolution Conferences.

C. Rhodes may limit the quantity of people in attendance at hearings, conferences and related disciplinary proceedings but will not interfere with parties' choices of specific attendees. A fact witness can serve as an Advisor / Supporter and will not be prohibited from testifying as a witness, but they will be subject to Section VI’s witness sequestration rule and subject to exclusion from most parts of the Hearing. There is no restriction on former Advisors / Supporters testifying as fact witnesses.

SECTION III. Intake Procedures

A. As soon as possible, the Title IX Coordinator will schedule separate intake meetings with the Claimant (or First-Party Reporter, if the individual does not wish to pursue a Claim) and Respondent to give an overview of the applicable process(es) and to discuss confidentiality, available options for support services, and potential accommodations and interim measures.
At the separate intake meetings, the Title IX Coordinator may:

The Title IX Coordinator may also schedule a meeting with a Third-Party Reporter to discuss the above information, as appropriate.

B. At a student Respondent’s intake meeting, the Title IX Coordinator will provide the Respondent with notice of the Report or Claim (but not necessarily the actual Report or Claim itself at this early stage) and of his/her responsibility to submit a written response within five (5) business days. The response should be in writing and may admit or deny the allegations and include any facts, evidence or witnesses that can disprove or provide context relevant to the allegations. The written response can also indicate acceptance or rejection of any penalties or remedies, or outline an alternative proposal for redress. Alternatively, a Respondent can also be deemed to provide a written response by meeting with the Title IX Coordinator and providing a verbal description of the items listed above, which the Title IX Coordinator will use to draft a written document that the Respondent will review, verify and sign to constitute their written response.

If no response has been received by the Title IX Coordinator from the Respondent within the allotted time, the Title IX Coordinator will send a Notice Of Nonresponse to the Respondent. If no response has been received by the Title IX Coordinator from the Respondent within three (3) business days after issuance of the Notice Of Nonresponse, the Respondent may be deemed to waive participation in the investigation, which in turn may limit the Respondent’s right to present evidence in a Formal Resolution Hearing, as explained in Section VI. At that point, it will be up to the Respondent to initiate participation in any investigation or hearing.

In any event, where the Respondent is a student, the Respondent has the right to remain silent during the investigation and resolution process, without an automatic adverse inference resulting. If the Respondent chooses to remain silent, the investigation will proceed and the matter will be resolved, which may be resolved against the Respondent.

SECTION IV. Procedures for Investigating Reports and Claims

A. The College will investigate all Reports of Sex/Gender Discrimination and Sexual Misconduct involving a Rhodes student, regardless of whether the Report becomes a Claim.

B. Following an intake meeting, the investigation will occur. The investigation may include interviewing the Claimant/First-Party Reporter, the Respondent, and any witnesses; reviewing law enforcement investigation documents if applicable; reviewing relevant student files; and gathering and examining other relevant documents and evidence.

C. For Reports, the Title IX Coordinator or his/her designee will conduct an initial investigation and determine whether a separate investigator is needed to conduct the equivalent of a Claim investigation because the incident potentially implicates the College’s Title IX obligations to provide a safe and nondiscriminatory environment for the Rhodes Community. If it does, then the Title IX Coordinator will treat the Report as a Claim and initiate a separate investigation and then a Formal Resolution Hearing. If the Title IX Coordinator determines that the Report does not implicate such community safety considerations, then after the Title IX Coordinator’s investigation, implementation of any interim or remedial measures, and finalization of any investigation memo, the Title IX Coordinator will be authorized to close the matter.

D. For Claims, the Title IX Coordinator will appoint an investigator (“Investigator”) to handle the investigation. The Title IX Coordinator will oversee the investigative process from an administrative/ procedural standpoint, to ensure that the investigation is prompt, fair, impartial, thorough, and consistent with the Policy. The Investigator will collect all relevant information and evidence, and will issue an investigation report to the Title IX Coordinator succinctly describing all collected information. The investigation file should contain all information gathered during the investigation that is potentially relevant to the alleged misconduct; the Investigator should not filter or exclude evidence or decide relevance or credibility, unless the evidence is clearly irrelevant or not pertinent to the facts at issue, such as impermissible character evidence. The Investigator will not make any recommendation as to whether a Policy violation has occurred or potential sanctions.

E. The Claim investigation report will be delivered to the parties as a part of a Formal Resolution Hearing packet at least ten (10) business days before a scheduled Hearing. Once received, the parties shall have three (3) business days to object in writing to any aspect of the investigative report. If warranted based on the party submission(s), the Investigator shall conduct further investigation and update the report as necessary. Depending on how the Claim proceeds, the investigation report(s) and the parties’ responses may be presented at a Formal Resolution Hearing and/or may be presented at an Informal Resolution Conference.

F. The College will attempt to resolve most cases of alleged Sex/Gender Discrimination and Sexual Misconduct within sixty (60) calendar days, excluding any appeal(s). The Title IX Coordinator will keep student parties reasonably informed of the status of the investigation, keeping in mind confidentiality considerations for each party. If it is determined that more time is needed for the investigation, the Title IX Coordinator will communicate the additional estimated amount of time needed to complete the investigation.

G. The Title IX Coordinator will have authority to implement interim and remedial measures at any time before the final outcome of an investigation or hearing, to the extent the College determines such measures are necessary. Some of these remedial measures also may continue in effect after an investigation is closed or as post-hearing sanctions or accommodations. For more information on interim and remedial measures, refer to Policy Section XI.

SECTION V. Informal Resolution Conference – For Students

In cases not involving allegations of Sexual Violence (i.e., sexual harassment of a non-physical nature) or at the discretion of the Title IX Coordinator, the parties may opt to pursue an Informal Resolution Conference as an alternative to a Formal Resolution Hearing. An Informal Resolution Conference is a remedies-based, non-judicial approach designed to eliminate a potentially hostile working or academic environment. This process aims to assure fairness, to facilitate communication, and to maintain an equitable balance of power between the parties.
The decision to pursue an Informal Resolution Conference may be made when the College has sufficient information about the nature and scope of the reported conduct, activity or behavior as a result of its investigation. In all cases, the College reserves the right to determine following an investigation whether the College must proceed to a Formal Resolution Hearing in order to meet the College’s Title IX obligations. The Title IX Coordinator shall make an initial decision about whether the case qualifies for an Informal Resolution Conference, and if both parties then agree to pursue that path, the College will halt any investigation or scheduled Formal Resolution Hearing so that the parties can explore the possibility of informal resolution. Participation in an Informal Resolution Conference is voluntary, and either party can request to end the conference at any time and return the investigation or proceeding to its pre-conference status. Depending on the form of informal resolution used, it may be possible to maintain anonymity.

With consent of both the Claimant/First-Party Reporter and the Respondent, the Title IX Coordinator handling the case will designate an individual to act as the facilitator. The facilitator is not an advocate for any party. The role of the facilitator is to aid in the resolution of problems in a non-adversarial manner.

For cases selected to be resolved through an Informal Resolution Conference:

A. The parties will receive simultaneous written notice of the decision to initiate an Informal Resolution Conference.
B. The parties will have equal opportunity to respond to the evidence presented and to call appropriate and relevant factual witnesses.
C. The parties may be accompanied by an Advisor and/or a Supporter of their choosing, subject to the provisions above governing the selection and use of Advisors and Supporters.

The College will not compel face-to-face confrontation between the parties or participation in any particular form of informal resolution.

The Informal Resolution Conference ends when a resolution has been reached or when a party decides to end the process. Agreements reached in an Informal Resolution Conference are final and not subject to appeal.

SECTION VI. Formal Resolution Hearing – When Both Parties Are Students

This section applies when both parties are students. It does not apply when one or more of the parties is an employee (faculty, staff member or contract services employee), as employees are subject to the processes described in the Rhodes College Handbook, unless agreed between the Chief Human Resources Officer and the Title IX Coordinator. The College has discretion to apply these provisions when one or both parties are neither students nor employees (e.g., when one party is a former student or is not enrolled at or employed by Rhodes).

A. General Provisions
1. A Formal Resolution Hearing is the College’s formal disciplinary proceeding through which the Sexual Misconduct Hearing Board evaluates evidence related to a Claim to determine whether a student Respondent is responsible or not responsible for a violation of the Policy, based on the criteria of “a preponderance of evidence.” If the Respondent is found in violation of the Policy, the Respondent may be subjected to disciplinary action.

2. At least ten (10) business days prior to a hearing, both parties and the Sexual Misconduct Hearing Board will be provided access to a hearing packet containing the investigation report and other information pertinent to the hearing. (See also Section IV.E., herein.) The packet must not be copied and must be returned at the end of the proceeding because it typically will contain other parties’ confidential and FERPA-protected information. Additionally, receipt of the hearing packet is conditioned on each recipient’s agreement not to re-disclose or use other people’s confidential information, learned as a result of the investigation or proceeding, outside of such forums without express consent or for any improper purpose.

3. It is each party’s responsibility to present their own witnesses at the hearing. The parties must give at least three days’ notice prior to the hearing of who their attendees and witnesses will be and the witnesses’ expected sequence, so the other party can be prepared. The parties will not be strictly bound to their lists, but they should be submitted in good faith.

The Title IX Coordinator, in consultation with the Chair of the Sexual Misconduct Hearing Board, shall have discretion to exclude purely-character witnesses or other witnesses based on investigation results that show their expected testimony is not relevant to the facts at issue in the hearing. The parties may object to such a determination, but the Title IX Coordinator shall have ultimate discretion on this issue. The default position shall be to permit all witnesses desired by the parties in case they have relevant testimony, but to allow their testimony to be truncated at the hearing if it proves to not be relevant to the facts at issue.

When necessary for the pursuit of truth, the Hearing Board shall have discretion to ask the Title IX Coordinator to request additional witnesses after receipt of the parties’ witness lists.

Typically, however, the parties shall be in charge of choosing and supplying their own witnesses.

4. All hearings under this section will be recorded and closed to the public. The attendance of any person at the hearing will be at the discretion of the Sexual Misconduct Hearing Board’s chairperson; however, the Claimant and the Respondent will have the same opportunities to have others present. Rhodes may limit the number of people in attendance at hearings, conferences and related disciplinary proceedings but will not interfere with parties’ choices of specific attendees without cause. For example, see Section VI.B.2., below.

5. Legal rules of evidence or criminal or civil procedure will not apply at Formal Resolution Hearings.

6. A Claimant does not need to be present at the hearing as a prerequisite to proceed with the hearing. If the Claimant chooses to be present at such hearing, they will not be required to be present for the entire hearing. The Respondent may also choose not to be present for some or all of the hearing. These provisions are subject to Section VI.B.3.
That said, the hearing is the opportunity for the Claimant and the Respondent to provide their facts and evidence to the Sexual Misconduct Hearing Board, and a Claimant or Respondent who fails to appear after having received proper notice of a hearing will be deemed to have waived any right to personally present any evidence during the hearing and any subsequent appeal. Others may present evidence related to their case, such as the Investigator or fact witnesses, only during the Formal Resolution Hearing.
When requested, the Board’s chairperson will make arrangements so that the Claimant and the Respondent do not have to be present in the same room at the same time, but each party shall have the right to hear and see all witnesses’ testimony via electronic means, such as videoconference or skype.

7. The Title IX Coordinator shall have discretion to alter these procedures as needed, including to avoid scheduling conflicts with exams, holiday periods and school closures. For example, the Title IX Coordinator has discretion to shorten the timeframes listed above to avoid an exam period or summer vacation. The Title IX Coordinator also has discretion to hold a hearing over the summer and to utilize videoconference and/or teleconference technology in lieu of in-person attendance, if needed. Any such alteration shall be done in a fair manner, to not unfairly disadvantage one party over another party.

B. The Formal Resolution Hearing and Determinations of Responsibility
1. At the Formal Resolution Hearing, the Investigator may give a statement containing a summary of their factual findings, and each party will have the option to provide an introduction and an opening statement, summarizing their position.

2. Each party will be permitted to call their own witnesses. Witnesses will be asked to affirm adherence to the Honor Code. Prospective witnesses, other than the Claimant and the Respondent, may be excluded from the hearing during the statements of the Investigator and other witnesses. The Sexual Misconduct Hearing Board will not consider information from character witnesses or character testimony.

3. The Board, the Claimant and the Respondent will have an opportunity to question witnesses who appear at the hearing. In other words, any person who offers testimony at the hearing must remain available to answer questions from the Board and both parties. Questions by the Claimant and the Respondent should be directed to the Board Chair, who will facilitate the questioning of all witnesses, including the Investigator. Typically, the Board will ask its own questions first, then the questions of the party whose witness it is, then the questions of the other party. The Board Chair will be responsible for ensuring the questioning is fair and complies with the terms of the Policy, but will not otherwise substantively limit the scope of the parties’ questions unless they seek to elicit solely character evidence, irrelevant information, unduly cumulative evidence, or have the effect of impermissibly badgering or harassing the witness. Questions about the parties’ sexual history with anyone other than each other are expressly prohibited during the hearing phase, but if the Respondent is found in violation of the Policy, Respondent’s past sexual misconduct may be subject to inquiry in connection with determining potential sanctions.

4. The Board may, in its discretion, exclude or grant lesser weight to last-minute information or evidence introduced at the hearing that was not previously presented for investigation by the Investigator.

5. At the conclusion of the hearing, the Investigator may give a closing statement and each party will have an opportunity to provide a closing statement at their option.

6. All parties, the witnesses and the public will be excluded during Board deliberations, which will not be recorded or transcribed.

7. The Title IX Coordinator will be present at the hearing and can assist with procedural matters. However, the Title IX Coordinator will not participate in the deliberations of the Hearing Board in determining responsibility.

8. In all cases, the Hearing Board must consider evidence presented by the Claimant, the Respondent, the Investigator and/or others and determine by a preponderance of the evidence whether a violation of the Policy occurred, i.e., whether it is more likely than not that a Respondent violated the Policy, and impose sanctions, if any.

9. The Hearing Board will notify the Title IX Coordinator of the decision.

10. Decisions made in a Formal Resolution Hearing may be appealed as described in the Appeal Section below.

C. Notices of Outcome
1. Within three (3) business days following the Sexual Misconduct Hearing Board’s decision, the Title IX Coordinator will simultaneously provide the Claimant and the Respondent a written notice of the outcome of the hearing, the applicable sanctions (if any), and the appeals procedure. This Outcome Letter will be provided to the Claimant and Respondent by personal delivery or email (with automated return receipt). The Claimant and Respondent will be deemed to have received the Outcome Letter on the date of delivery.

2. To ensure that the recommended sanctions are enforced and/or corrective action is taken, in cases where the Respondent is a student, the Outcome Letter will also be provided to the Associate Dean of Students.

SECTION VII. Sanctions - For Students

A. Criteria for Determining Sanctions. When determining sanctions for a student found in violation of the Policy, the following criteria may be considered, among other factors:

1. The nature, circumstances, and severity of the violation(s);
2. The College’s responsibility to ensure the effectiveness of behavioral standards for the Rhodes community;
3. The impact of the violation(s) on the Claimant and the community, protection of the College community and the risk that a Respondent may create a hostile and intimidating environment;
4. The requests of the Claimant;
5. The level of cooperation and/or honesty of the Respondent, or lack thereof, during the disciplinary processes;
6. Any official college report including, but not limited to, prior disciplinary records, criminal records if known, or other official information, the relevance of which will be determined by the Hearing Board;
7. Whether other judicial measures have been taken to protect the Claimant or discipline the Respondent (e.g., civil protection orders);
8. The housing and course enrollment pattern of the Claimant, giving due regard to the principle that a student found responsible for misconduct under the Policy should bear the burden of accommodating the Claimant and not the reverse;
9. If determinable and relevant to the underlying Policy violation, the presence of bias on account of race, ethnicity, color, religion, political views, sex, age, sexual orientation, gender identity or expression, national origin, disability, citizenship status, or military/veteran status as a motivation in the Sexual Misconduct.

After taking into account the above considerations, the Sexual Misconduct Hearing Board will determine the sanctions for a Respondent found in violation of the Sexual Misconduct Policy. If a Respondent is found in violation of the Policy but is allowed to remain a member of the Rhodes Community (is not sanctioned with expulsion), the Hearing Board should strongly consider requiring sexual assault education or related assessments, among other sanctions.

If a student is determined, by a preponderance of the evidence, to have committed non-consensual sexual penetration, the recommended sanction is expulsion, but the Hearing Board should consider corroborating, mitigating and exacerbating factors and may impose lesser sanctions. If mitigating factors suggest a lesser sanction is appropriate, the minimum imposed sanction shall be a three-semester suspension. However, the sanction shall be expulsion when it is determined that the Respondent committed non-consensual sexual penetration intentionally, used physical force or threat, or deliberately incapacitated the Claimant to conduct the violation.

B. Sanctions. The following sanctions may be imposed upon any student found to have violated the Policy:

1. Warning: After a hearing, the Board may believe the appropriate lesson has been learned and conclude the matter with a formal letter of warning.
2. Loss of Privileges: Denial of specified privileges for a designated period of time.
3. Continued Sexual Assault Education: Attending or participating in a required number, determined by the Hearing Board, of educational and/or awareness programs relating to the Sexual Misconduct, and providing evidence of engaging in the programs.
4. Fines: Previously established and published fines may be imposed.
5. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
6. Discretionary Sanctions: Work assignments, service to the College or community, education, referral to counseling, required behavioral assessment, or other related discretionary assignments.
7. Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
8. Residence Hall Expulsion: Permanent separation of the student from the residence halls.
9. Disciplinary Probation: A written notification for violation of specified regulations. Probation is designated for a specified period of time and includes the probability of more severe disciplinary sanctions, including suspension or expulsion, if the student is found to violate any institutional regulation(s) during the probationary period. Students can be placed on disciplinary or housing probation. You are considered to be not in good social standing with the College. Good Standing may be required for participation in certain campus activities. In addition, students not in good standing may have their conduct reviewed for leadership or employment positions on campus.
10. Deferred Suspension: A student may not represent the institution on or off campus in any capacity. Examples include, but are not limited to: competition in varsity athletics, international programs or activities, executive board member of a student organization, PA, RA, Diplomat, Mock Trial, or Rhodes Ambassador.
11. College Suspension: Separation of the student from Rhodes College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
12. College Expulsion: Permanent separation of the student from Rhodes College. Pursuant to Rhodes’ academic criteria, expulsion may occur at any time before a diploma is awarded.

SECTION VIII. Student Appeals

A. Timing of and Grounds for Appeal. In cases in which both parties are students, within five (5) business days of receipt of the Outcome Letter, the Claimant, Respondent or both may submit a written appeal to the Title IX Coordinator handling their case based only on one or more of the following grounds:

 

1. To determine whether there was a material deviation from the procedural protections provided;
2. To consider new facts or information sufficient to alter the decision that were not known or knowable to the appealing party before or during the time of the hearing;
3. To determine whether the decision reached was based on a preponderance of evidence; or
4. To determine whether the sanctions were disproportionate to the findings.

The Title IX Coordinator will notify the parties of the filing of the appeal within two (2) business days of receiving all necessary information for processing the appeal.

B. Form and Content of Appeal. Appeals must be made in writing, include the name of the appealing party, and bear evidence that it was submitted by the appealing party. The appeal statement must contain a sufficient description supporting the grounds for appeal. If the grounds for appeal is to consider new facts sufficient to alter the decision that were not known or knowable to the appealing party before or during the time of the hearing, then the written appeal must include such information. The Title IX Coordinator retains discretion to verify and/or waive minor procedural variations in the timing and content of the appeal submission.

The non-appealing party shall receive a copy of the appeal. The non-appealing party may submit a written statement within ten (10) business days of receipt of the Outcome Letter that may seek to affirm the initial decision and/or respond to the appeal statement.

C. Stay of Recommended Corrective Action and Imposition of Interim Measures Pending Appeal. The Title IX Coordinator shall have discretion to impose or withhold any applicable sanctions prior to the appeal deadline and prior to the resolution of any appeal. If a Hearing Board determines a Respondent to be in violation of the Policy and issues sanctions, but the Title IX Coordinator determines sanctions should be withheld pending the appeal, the Title IX Coordinator shall impose accommodations or other interim measures consistent with the Hearing Board’s determination and that minimize the burden on the Claimant. The Title IX Coordinator may also continue to take interim measures as provided in the Policy.

D. Conducting the Appeal. The appeal will be heard and determined by the Appeals Board. The Board is comprised of three members (one of whom will be designated as the Board chairperson), selected from a pool of trained faculty and staff. The Appeals Board will consider all information related to the Formal Resolution Hearing, and any written statements received in relation to the appeal, but no other information. The Appeals Board chairperson is authorized to convene an Appeals Hearing (subject to the same procedural safeguards as a Formal Resolution Hearing), or the Appeals Board may determine the appeal based on the existing record. If an appeal hearing takes place, the Claimant and Respondent will not be present at the same time, but both will be given the opportunity to give statements to the Appeal Board.

E. The Appeals Board shall determine whether the Hearing Board made an error on the grounds contained in the appeal statement.

F. Results on Appeal. The Title IX Coordinator will notify both the Claimant and the Respondent within three (3) business days of the decision on appeal in addition to the Associate Dean of Students. The decision on appeal may:

1. Affirm a finding of responsibility and the sanction(s);
2. Affirm a finding of responsibility and increase or reduce, but not eliminate, the sanction(s);
3. Affirm a finding of non-responsibility;
4. Reverse a finding of responsibility and the sanction(s);
5. Reverse a finding of non-responsibility and impose sanction(s); or
6. Remand the case to the Title IX Coordinator to coordinate further investigation and determination. In such cases, the procedural provisions of the Policy will continue to apply.

Following the decision on appeal, the Title IX Coordinator shall have discretion to extend accommodations consistent with providing support to either or both parties. Such measures shall be consistent with the results of the appeal.

G. Finality of Decisions on Appeal. Decisions on appeal are final and conclusive.

To ensure that sanctions upheld or imposed on appeal are enforced and/or corrective action is taken, notice of the sanctions will be provided to the Associate Dean of Students.

SECTION IX. Sanctions - For Faculty and Staff

A. For Respondents Classified as Rhodes Faculty Employees: The Respondent will be subject to an investigation under the applicable policies and procedures outlined in the Rhodes College Handbook. Nothing in the Rhodes College Handbook will prevent Rhodes from conducting or overseeing a prompt, fair and thorough investigation into allegations against the Respondent of a violation of the Policy, including but not limited to Sex/Gender Discrimination and Sexual Misconduct, or from taking interim measures during an ongoing investigation.

 

B. For Respondents Classified as Rhodes Staff or Contract Employees. The Respondent will be subject to an investigation through the Human Resources Office, which will conduct a prompt, fair and thorough investigation and take appropriate remedial action up to and including termination of employment.

Nothing in the Rhodes College Handbook will prevent the Chief Human Resources Officer from conducting or overseeing a prompt, fair and thorough investigation into allegations against a Respondent classified as Rhodes staff or contract employee of a violation of the Policy, including but not limited to Sex/Gender Discrimination or Sexual Misconduct, or from taking interim measures during an ongoing investigation.

C. In all cases under this Section IX in which the Claimant/First-Party Reporter is a student, the Title IX Coordinator shall coordinate with the Chief Human Resources Officer about appropriate processes and/or resolution, and the Title IX Coordinator shall be charged with maintaining communication, as appropriate, with the Claimant/First-Party Reporter. The Title IX Coordinator shall have authority to implement remedial measures and make accommodations as needed for the Claimant/First-Party Reporter.