Page 37 - Demo

Written Determination ofResponsibility:As soon as practicable following the hearing (and ordinarily within 10 days thereafter), the Hearing Panel Chair shall complete a report of the decision-maker's findings. The Hearing Panel Chair will send simultaneous notification of the decision to both parties and their advisors, where applicable, with the following information: %u2022Identification of the allegations potentially constituting sexual harassment under the policy %u2022A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence and the hearing held%u2022Findings of fact that support the determination %u2022Conclusions regarding the application of the College%u2019s conduct standards to the facts%u2022A statement and rationale for the result as to each allegation, including a determination as to responsibility using the preponderance of the evidence standard %u2022Any disciplinary sanctions imposed on respondent %u2022Whether any remedies designed to restore or preserve equal access to the College%u2019s education program or activity will be provided to the complainant (description of remedies is not included) %u2022Procedures and permissible bases for the parties to appealSanctions:If the Hearing Panel determines that more likely than not the respondent committed a violation of this policy, then the Hearing Panel will determine sanctions and give consideration to whether a given sanction will (a) bring an end to the violation in question, (b) reasonably prevent a recurrence of a similar violation, and (c) remedy the effects of the violation. Sanctions for a finding of responsibility will depend upon the nature and gravity of the misconduct, any record of prior discipline for a violation of this policy, or both. The range of potential sanctions is set forth in the definitions section of this policy. Ordinarily, sanctions will not be imposed until the resolution of any timely appeal under this policy. However, if it is deemed necessary to protect the welfare of the victim or the College community, the Hearing Panel may recommend to the decision-maker on appeal that any sanctions be imposed immediately and continue in effect until such time as the appeal process is exhausted.Remedies:Where a determination is made that the respondent was responsible for sexual harassment, the Hearing Panel will determine any final remedies to be provided to the complainant, if any, and the Title IX Coordinator will communicate such decision to the complainant and the respondent to the extent that it affects him/her.Remedies must be provided in all instances in which a determination of responsibility for sexual harassment has been made against the respondent. Remedies must be designed to restore or preserve equal access to the College%u2019s education program or activity. Such remedies may include the same individualized services described above as %u201csupportive measures%u201d; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.