Policy:

Clarkson College strives to provide a safe and non-discriminatory environment to all of its community members (including students, faculty, and staff, and other constituents). For the purposes of this policy, “Recipient” refers to Clarkson College and all of its education programs and activities, including but not limited to all campuses and online programs that receive Federal financial assistance.  

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. Under Title IX, discrimination on the basis of sex can include any type of sexual misconduct, including dating violence, domestic assault, domestic violence, rape, sexual assault, sexual violence, sexual harassment, and stalking. Discrimination on the basis of sex also includes on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex, Section 106.31(a)(2).  This policy applies to all Clarkson College community members, whether the alleged sex discrimination or sexual misconduct is committed by a student, an employee, or an individual who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination, regardless of whether the alleged sex discrimination or sexual misconduct was by a member of the same or different sex.   

Clarkson College goals for the Title IX policy are:

• To promote professional and ethical behavior
• To provide an atmosphere of safety and well-being
• To ensure the integrity of the academic enterprise
• To develop a sense of responsibility to maintain the honor of the health care profession

Procedure:

Clarkson College has jurisdiction over complaints alleging sex discrimination, sexual harassment, and any other form of sexual misconduct when the conduct occurs on campus, during or at an official Clarkson College-sponsored program or activity (regardless of location). Clarkson College jurisdiction applies to complaints during education programs, activities, events, and circumstances over which Clarkson College exercises substantial control over both the Respondent and the context of which the alleged sex discrimination or sexual misconduct occurs. Clarkson College will recognize all complaints made under this policy and will take action to prevent the recurrence of sex discrimination or sexual misconduct and remedy its effects. Such discrimination or misconduct undermines the atmosphere of trust, responsibility and professionalism underlying in the SW-18 Code of Conduct Policy and will not be tolerated by Clarkson College. All members of the Clarkson College community are required to promptly report complaints about sex discrimination, sexual harassment, sexual misconduct, and sexual assault to the Title IX Coordinator. It is also the right of an individual to file a criminal complaint, separate from the Clarkson College report, if they choose to do so. The Title IX Coordinator may assist the individual in filing a criminal complaint upon request. All persons involved in a sex discrimination or sexual misconduct case can receive Clarkson College-related assistance regardless of whether a legal charge or Clarkson College report is filed. For any Clarkson College report filed, a fair and timely investigation will be undertaken, with notice of the outcome shared with all involved parties. Individuals found to be in violation of this policy will be subject to disciplinary action. At any time throughout this process, both parties are permitted to have an advisor present.  

 I. Definitions

Advisor: any individual of the party’s choice who may provide the Complainant or Respondent support, guidance, or advice, and may accompany a Complainant or the Respondent to any meeting or grievance proceeding, such as an interview or the hearing.

Adjudicator: oversees the Formal Complaint hearing process to include assisting with training of the Hearing Board, Advisors, etc. as well as running the hearing process. This position will be contracted through external legal services.

Appeals Officer: the Appeals Officer is responsible for receiving, reviewing, and responding to appeals of the Written Determination and will also review appeals of dismissals of Formal Complaints. The Appeals Officer will be the Vice President of Communications & Development or designee.

Business Days: a weekday on which the campus offices are open. Please consult the academic calendar on the Clarkson College website to determine the days on which campus offices are closed.

Clear and Convincing Evidence: is the standard in which Clarkson College requires that the evidence show that it is highly probable or probably certain that the alleged action has occurred.

Clarkson College Community Member: includes any person who is a Student, Faculty Member, college official, or any other person employed by Clarkson College, or is formally or informally associated or affiliated with Clarkson College. Human Resources and/or the Registrar’s Office shall determine a person’s status in a particular situation whichever is appropriate. 

Complainant: 

1. A student or employee who is alleged to have been subjected to conduct that could consitute sex discrimination under Title IX or its regulations; or
2. A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient's education program or activity at the time of the alleged sex discrimination.

Complaint: An oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX or its regulations.  

Confidentiality:  Clarkson College will not disclose information related to a report of Sex Discrimination or Sexual Misconduct, including the names of the individuals involved, except on a need-to-know basis in order to assist in the assessment, investigation, and resolution of the report, or as permitted or required by law. Confidentiality is not the same as anonymity, where an individual is not named or personally identified.  

Consent: a decision that is informed and freely and actively given. Consent is communicated through mutually understandable words or actions that indicate willingness by all of the involved parties to engage in the same sexual activity, at the same time, and in the same way. The person must act freely and voluntarily and have knowledge of the nature of the act involved. A person who is giving consent is not beyond the state of drunkenness or intoxication, unconscious, passed out, coming in and out of consciousness, or have a disability or disorder that would impair his/her understanding of the act. Silence or lack of active resistance does not imply consent. Past consent does not imply future consent. The presence or absence of consent is based on the totality of the circumstances.   

Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’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.  

Domestic Violence: any felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to the spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.  

Formal Complaint: a document filed by a Complainant or signed by the Title IX Coordinator alleging Sex Discrimination or Sexual Misconduct against a Respondent and requesting that Clarkson College investigate the allegation of Sex Discrimination or Sexual Misconduct. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the Education Program or Activity of Clarkson College.  

Gender Identity: one’s sense of oneself as male, female, or neither or both.  

 Gender Stereotyping: over-generalizations about the characteristics of an entire group based on gender.  

Investigator: the individual assigned to investigate a Formal Complaint of Sex Discrimination or Sexual Misconduct. The Investigator may be a trained employee of Clarkson College, or an external investigator trained on the requirements of this Sex Discrimination and Sexual Misconduct Policy. 

Party:  A complainant or respondent.  

Policy:  the written regulations of Clarkson College as found in, but not limited to, the Student Handbook and the Faculty Handbook.  

Respondent: a person who is alleged to have violated the recipient’s prohibition on sex discrimination or sexual misconduct.  

 Sexual Assault: an offfense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.

• Sexual Offenses refers to any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
• Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape sexual intercourse with a person who is under the statutory age of consent (the age of consent in Nebraska is 16 years of age). 

Sex-based Harassment: form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:  

• Quid pro quo harassment: An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit or service on a person’s participation in unwelcome sexual misconduct:
• Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, 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 the recipient’s education program or activity (e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
  1. The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity
  2. The type, frequency, and duration of the conduct
  3. The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct
  4. The location of the conduct and the context in which the conduct occurred
  5. Other sex-based harassment in the recipient’s education program or activity; or
• Specific Offenses: Sexual assault, dating violence, domestic violence, and stalking.  

Sexual Misconduct: unwelcome conduct of a sexual nature, including Dating Violence, Domestic Violence, Sexual Assault, Stalking, Title IX Sexual Harassment. 

Sexual Violence: any sexual act or attempt to obtain a sexual act by violence or coercion, unwanted sexual comments or advances, acts to traffic a person or acts directed against a person's sexuality, regardless of the relationship to the victim. Examples include knowingly exposing another to sexually transmitted diseases, non-consensual audio recording or videotaping of sexual activity, prostituting another person, and using a date rape drug to coerce sexual activity.  

Stalking: engaging in a course of conduct directed at a specific person(s) that would cause a reasonable person to: (a) fear for their safety or the safety of others, or (b) suffer substantial emotional distress. Such conduct may include, but is not limited to, the following:  

1. Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, text messages, written letters, unwanted gifts, etc. 
2. Cyberstalking—Use of online, electronic, or digital technologies, including:
   1. Posting of pictures or information in chat rooms or on websites without a person's content.
   2. Sending unwanted/unsolicited email or talk requests.
   3. Posting private or public messages on Internet sites, social networking sites, and/or school bulletin boards.
   4. Installing spyware on a victim’s computer.
   5. Using Global Positioning Systems (GPS) to monitor a victim.
3. Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim.
4. Surveillance or other types of observation, including staring or “peeping".
5. Trespassing; and/or Vandalism.

Supportive Measures: non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Supportive measures are to restore or preserve that party’s access to the recipient's education program or activity, including measures that are designed to protect the safety of the parties or the recipient’s educational environment; or provide support during the recipient's grievance procedures or during an informal resolution process.  

The following Supportive Measures may be made available to Complainants and Respondents based on the facts and circumstances of the individual case:   

1. Re-assignment of living space within Clarkson College’s residence hall.
2. Assistance from Clarkson College in completing the relocation if re-assigned,
3. Cancelling a Clarkson College housing contract and/or adjusting a student account balance for refund.
4. Coordinating course-related adjustments (e.g. excused absences, flexible attendance, revised deadlines, reschedules, substitutions, etc.).
5. Endorsing or authorizing a grade change (e.g. incomplete, pass/no pass).
6. Transferring between class sections.
7. Endorsing or authorizing a withdrawal after the deadline has passed with or without a refund of tuition and fees.
8. Arranging to complete a course or lectures via distance education methods with the assistance of technology.
9. Providing increased security at location or activities (e.g. accompaniment or escort, surveillance, monitoring).
10. Modifying work schedules, job responsibilities, supervision, or re-assignment to a different work site; and/or
11. Counseling with on campus counselor and/or through Arbor Family Counseling.

Clarkson College will maintain as confidential any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the Supportive Measures. Any Supportive Measures offered to either party cannot punish, discipline, or unreasonably burden the other party.  

Title IX Coordinator is the person designated by Clarkson College to coordinate Clarkson College’s efforts to comply with the responsibilities under Title IX. Among other things, the Title IX Coordinator reviews information about Sex Discrimination and Sexual Misconduct to identify and address any patterns or systemic problems that arise during the review of such complaints. The Title IX Coordinator is also responsible for coordinating the effective implementation of Supportive Measures. The Title IX Coordinator retains ultimate oversight.  

Deputy Title IX Coordinator is the person designated by Clarkson College to coordinate Clarkson College’s efforts to comply with responsibilities under Title IX regarding pregnancy and pregnancy related issues.  

Title IX Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following: 

• An employee of Clarkson College conditioning the provision of an aid, benefit, or service of Clarkson College on an individual’s participation in unwelcome sexual conduct.
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Clarkson College’s Education Program or Activity.
• Sexual Assault
• Domestic Violence
• Dating Violence
• Stalking

To be considered sexual harassment for the purposes of Title IX, the conduct must meet the additional requirements of occurring in Clarkson College’s Education Program or Activity and against a person in the United States.

II. Reporting

A verbal or written report may be made by any person who believes that Sex Discrimination or Sexual Misconduct may have occurred. Clarkson College encourages anyone who experiences or becomes aware of an incident of Discrimination or Misconduct involving a student, employee or individual who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination to immediately report the incident to Clarkson College through the reporting options set forth below. While Clarkson College does not limit the time frame for reporting Sex Discrimination or Sexual Misconduct, Clarkson College strongly encourages individuals to report possible Sex Discrimination or Sexual Misconduct as soon as possible to maximize Clarkson College’s ability to respond as effectively as possible. Clarkson College strongly encourages individuals to report possible Sex Discrimination or Sexual Misconduct within six (6) months of the last occurrence of the concerning conduct. A report made after six (6) months may make it more difficult to gather relevant and reliable information.  

Any employee who receives a report of Sex Discrimination or Sexual Misconduct or who witnesses or is otherwise aware of Sex Discrimination or Sexual Misconduct, other than Clarkson College’s licensed mental health professionals and student workers/work studies, are required to report the incident immediately to the Title IX Coordinator. Clarkson College’s licensed mental health professionals and student workers/work studies who receives a report of Sex Discrimination or Sexual Misconduct or who witnesses or is otherwise aware of Sex Discrimination or Sexual Misconduct, are required to provide the individual with the Title IX Coordinator’s contact information.  

Any Clarkson College Student, Employee, or other individual may make a report of possible Sex Discrimination or Sexual Misconduct by contacting: 

1. The Title IX Coordinator 

The Human Resources Administrator serves as the Title IX Coordinator and is located on the sixth floor of the main building (101 South 42nd Street, Omaha, NE, 68131). The Title IX Coordinator can be contacted at 402-552-6298 or at [email protected]. If the Title IX Coordinator is unavailable, the Investigator is available and can be contacted at 402-552-2557 or at [email protected].  

2. The Deputy Title IX Coordinator

The Accommodations Coordinator serves as the Deputy Title IX Coordinator and is located on the fifth floor of the main building. The Deputy Title IX Coordinator’s primary responsibility will be pregnancy or pregnancy related Title IX items.   

3. The Public Safety Office

Public Safety Emergency Number: 402-559-5555
Public Safety Non-Emergency Number: 402-559-5111

4. Local law enforcement (Omaha Police Department)

Emergency: 911
Non-Emergency: 402-444-5600
505 South 15^th Street
Omaha, NE 68102

A. Reports Involving Minors

If a report of Sex Discrimination or Sexual Misconduct involves a minor (an individual under the age of 19), Nebraska law requires Clarkson College report this to the Department of Health and Human Services within 24 hours.  

B. Anonymous Reporting

Any individual may make an anonymous report concerning an act of Sex Discrimination or Sexual Misconduct. Clarkson College has made available The Sexual Misconduct Reporting Form. Although preferred that this report be made directly to the Title IX Coordinator, a student may ask a third party (e.g. counselor, fellow student) to do so. Depending on the level of information available about the incident or the individuals involved, anonymous reporting may impact Clarkson College’s ability to respond, investigate, or take further action. Clarkson College Employees cannot fulfill their mandatory reporting obligations by anonymous reporting.  

C. Confidential Resources

Clarkson College also offers access to confidential resources for individuals who are unsure about whether to report Sex Discrimination or Sexual Misconduct or are seeking counseling or other emotional support in addition to (or without) making a report to Clarkson College. Clarkson College’s licensed counselor is considered a “confidential employee” and when information is shared with the licensed counselor, the licensed counselor cannot reveal the information to any third party except when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 19. The confidential employee is required to provide Title IX contact information to the individual. 

D. Bystander Intervention

A bystander is one who is present at an event or situation and potentially has the opportunity to make a change in said event or situation. Clarkson College strongly encourages bystanders to intervene in situations where there is no threat of harm to them and to contact the Title IX Coordinator and/or Public Safety to report any event of concern.  

E. False Statements

Clarkson College takes allegations of Sex Discrimination or Sexual Misconduct very seriously. Any Student or Employee who knowingly provides false information in connection with the filing of a report and/or Formal Complaint of Sex Discrimination or Sexual Misconduct or at any point during the assessment, investigation, or resolution of a report or Formal Complaint may be subject to discipline.  

F. Cleary Act Reporting

Pursuant to Federal law, Clarkson College has a legal responsibility for documenting and providing statistics about certain offenses to the United States Department of Education. No personal identifying information will be included in these reports. Federal law also requires Clarkson College to issue timely warnings to the Clarkson College community about certain crimes that have been reported and may continue to pose a serious or continuing threat to Students and Employees. Clarkson College withholds the names and other personally identifying information of Complainants when issuing timely warnings to Clarkson College community. 

III. Initial Assessment and Supportive Measures

Upon receipt of a report of alleged Sex Discrimination or Sexual Misconduct, in accordance with 34 CFR 106.44(a), the Title IX Coordinator will promptly contact the Complainant to discuss: 

• The availability of Supportive Measures regardless of whether the Complainant elects to file a Formal Complaint.
• The Complainant’s wishes with respect to Supportive Measures.
• The process for filing a Formal Complaint.

Additionally, the Title IX Coordinator will the provide the Complainant a written notice describing available Supportive Measures and resolution options including: 

• Filing a Formal Complaint;
• Filing a report with local law enforcement; and/or
• Pursuing both actions as described above (the Complainant may go forth with one or more options at the same time).

The written notice will also offer the Complainant the opportunity to meet to discuss those Supportive Measures and options. When a decision is reached to initiate an investigation or to take any other action under the process set forth in Section VI that impacts A Respondent, the Title IX Coordinator will ensure that the Respondent is notified, receives a written explanation of available Supportive Measures and resolution options, and is offered the opportunity to meet to discuss those Supportive Measures and options. 

After considering the Complainant’s wishes, the Title IX Coordinator will coordinate the identification, offering, and implementation of any appropriate Supportive Measures for the Complainant.  

The Respondent identified in any report alleging Sex Discrimination or Sexual Misconduct will be presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process set forth in Section VI below. 

No disciplinary sanction or other action that is not a Supportive Measure or an emergency removal, as set forth below, will be imposed against a Respondent until a determination regarding responsibility is made at the conclusion of the grievance process set forth set forth in Section VI below. 

At any point, the Title IX Coordinator has the right to seek consultation with other relevant professionals within and outside of Clarkson College, if necessary. If it is determined a potential Title IX violation exists, the Title IX Coordinator will initiate separate consultations with the Complainant and the Respondent within a reasonable amount of time. The purpose of this meeting is to gain an understanding of the nature of the complaint. During the meetings, the Title IX Coordinator will also address the following for both the Complainant and Respondent: 

1. physical safety and emotional well-being 
2. interim accommodations available, if necessary
3. contact information for on campus and community resources for counseling and health care
4. supportive measures
5. Complainant’s and Respondent’s rights
6. Complainant’s preferred process for resolution (formal and informal processes) 
7. confidentiality and Clarkson College’s limits to confidentiality
8. Clarkson College’s policy prohibiting retaliation
9. Complainant’s right to pursue or to decline to pursue legal charges
10. the Title IX investigation processes and procedures

IV. Emergency Removal

Clarkson College may remove a Respondent entirely or partially from the College’s education program or activity on an emergency basis, provided that Clarkson College 

• undertakes an individualized safety and risk analysis
• determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sex Discrimination or Sexual Misconduct justifies removal
• provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.  

The emergency removal process may be initiated by the Title IX Coordinator in conjunction with Clarkson College’s Behavioral Intervention Team. Emergency removal may be undertaken in addition to providing Supportive Measures. Emergency removal does not preclude a Respondent from receiving Supportive Measures as appropriate.  

Clarkson College has discretion to determine the appropriate scope and conditions of removal of the Respondent from Clarkson College’s education program or activity.  

During an emergency removal, a Respondent may be denied access to any Clarkson College premises, including classes, residence hall access, and/or all other Clarkson College programs, activities or privileges for which the Respondent might otherwise be eligible, as Clarkson College may determine to be appropriate to address an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sex Discrimination or Sexual Misconduct.  

The Title IX Coordinator or other designated Clarkson College Official will provide the Respondent with a Notice of Emergency Removal. The Notice will be sent to the Respondent’s e-mail address of record and will:  

• State the factual basis for the Respondent’s emergency removal and explain why the Respondent’s conduct or presence on campus presents an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sex Discrimination or Sexual Misconduct that emergency removal is necessary.
• State that the Respondent may challenge the decision immediately, in writing, by submitting an appeal to the Title IX Coordinator, who will then submit to the Appeals Officer.

V. Grievance Process

Clarkson College has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited. 

Clarkson College’s grievance process offers two forms of resolution for reports of Sex Discrimination or Sexual Misconduct: (1) Formal Resolution, which involves an investigation, hearing, remedy, and sanction(s), if applicable (as described in Section E – Disciplinary Sanctions), and Informal Resolution (as described in Section G – Informal Resolution below), which includes informal options for resolving Formal Complaints. 

At any time throughout the grievance process, both parties are permitted to have an advisor of their choice accompany them to any meeting or proceeding.  

A. Formal Complaint

The grievance process begins with the filing of a Formal Complaint. A Formal Complaint may be filed by either a Complainant or the Title IX Coordinator.

A Complainant must submit a signed, written statement to the Title IX Coordinator that addresses the following: 

• the name of the Complainant
• the Complainant’s wanting to pursue resolution through Clarkson College’s grievance process
• a detailed description of the event and actions creating the alleged conduct, including, if known: 
  • the name of the Respondent
  • the date and location of the conduct
  • the names and contact information of any witnesses to the conduct
  • any other relevant information.

Complaint is filed but additional information is needed to determine whether the alleged conduct would constitute Sex Discrimination or Sexual Misconduct, an initial intake interview may be performed by the Title IX Coordinator. 

Clarkson College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. However, Clarkson College also has the responsibility to provide a safe and nondiscriminatory environment for all in the community and therefore cannot guarantee confidentiality. If a Complainant requests that no formal action be taken, Clarkson College will weigh this request with its obligations to the community. In instances where the Complainant does not wish to file a Formal Complaint, the Title IX Coordinator may determine that, based upon a review of the totality of the circumstances, that resolution of the reported conduct through Clarkson College’s grievance process is necessary to ensure the health and safety of the Complainant and/or other members of the College’s community.  

When weighing the Complainant’s request for confidentiality and/or that no investigation or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the following:  

• The seriousness of the alleged complaint.
• Other complaints about the same alleged Respondent.
• Whether the alleged Respondent threatened further sexual violence or other violence against the Complainant or others.
• Whether the Complainant is a minor.
• Whether the College possesses other means to obtain relevant evidence related to the complaint (e.g., security cameras or personnel, physical evidence).

If the Title IX Coordinator determines that it is necessary to file a Formal Complaint, the Title IX Coordinator will inform the Complainant of this decision in writing, and the Complainant need not participate in the process further but will receive all notices issued pursuant to these procedures. The Title IX Coordinator is not considered the Complainant when the Title IX Coordinator files the Formal Complaint. 

If either party to a Formal Complaint is an employee, the Title IX Coordinator will inform the President.  

B. Written Notice of the Allegations

Upon receipt of a Formal Complaint, the Title IX Coordinator will provide all parties (Complainant(s) and Respondent(s)) written notice of the allegation(s), including sufficient details about the allegation(s) known at the time, and information about both the Formal and Informal Resolution processes.

The Written Notice of Allegations will include the following:

• Notice of the allegations potentially constituting Sex Discrimination or Sexual Misconduct and sufficient details, including the identities of the parties involved, if known; the conduct allegedly constituting Sex Discrimination or Sexual Misconduct; and the date and location of the alleged incident, if known;
• A copy of this Sex Discrimination and Sexual Misconduct Policy or a hyperlink to this Sex Discrimination and Sexual Misconduct Policy;
• A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
• A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which Clarkson College does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source; and
• A statement informing the parties that Clarkson College prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

The Written Notice of Allegations will be sent to all parties as soon as practicable after receiving a Formal Complaint, absent extenuating circumstances. Clarkson College will provide sufficient time for the parties to review the Written Notice of Allegations and to prepare a response before any initial interview.  

In some instances, additional allegations may arise during the course of the investigation that were not known at the time the Written Notice of Allegations was issued. In the event that occurs, Clarkson College may elect to add those allegations to the existing investigation. If so, the Title IX Coordinator will notify the parties of the additional allegations in writing and provide the parties with sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges. 

C. Dismissal and Appeal of Dismissals

Upon receipt of a Formal Complaint that alleges Sexual Misconduct and at other points in the grievance process while a Formal Complaint is pending, the Title IX Coordinator will determine whether, the Formal Complaint must be dismissed (whether in whole or in part) or may be dismissed (whether in whole or in part) at the College’s discretion, as set forth below. 

 1. Mandatory Dismissal

Clakson College will dismiss a Formal Complaint, or any allegations therein, from the grievance process when the alleged conduct, even if proved:

• Would not constitute Sex Discrimination or Sexual Misconduct as defined in this Policy.
• Did not occur in Clarkson College’s education program or activity.
• Did not occur against a person in the United States.
• The Complainant was not participating in or attempting to participate in Clarkson College education program or activity at the time the Formal Complaint was filed.

 2. Discretionary Dismissal

Clarkson College may dismiss a Formal Complaint or any allegations therein at any time during the Formal or Informal Resolution processes if:

• The 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 or employed by Clarkson College.
• Specific circumstances prevent Clarkson College from gathering evidence sufficient to reach a determination regarding the Formal Complaint or the allegations therein.

3. Notice of Dismissal

Upon reaching a decision that a Formal Complaint will be dismissed, in whole or in part, the Title IX Coordinator will promptly send a written Notice of Dismissal to the parties notifying them of the dismissal, the reason(s) for the dismissal, and an explanation of the appeals process.

4. Effect of Dismissal

A dismissal under this section does not preclude Clarkson College from taking action with the respect to the dismissed allegations under other Clakson College policies and procedures.

5. Appeals of Dismissal Decision

The Complainant may appeal the Title IX Coordinator’s decision to dismiss the Formal Complaint. The Complainant must submit the appeal in writing within fourteen (14) Business Days from the date the decision is delivered (based on the delivery dated email). The appeal may be sent to the Appeals Officer. If the student fails to meet the above deadline for appealing the decision, the Title IX Coordinator’s decision to dismiss the Formal Complaint is final. The Appeals Officer will have fourteen (14) Business Days to review and determine the outcome of the appeal.  

 D. Formal Resolution

 1. Advisors

The parties may each be accompanied during any meeting or proceeding by a single advisor of their choice, who may be but is not required to be an attorney.

Other than at the hearing, advisors may speak privately to their advisee during any such meeting or proceeding, but they may not speak on behalf of the parties, present evidence, or otherwise participate in, or in any manner disrupt, the meeting or proceeding. During a hearing, the advisor will be permitted to cross-examine witnesses and address the Adjudicator in connection with that cross-examination as described in Section e:2 – Cross Examination, but will not otherwise be permitted to address the Adjudicator. An advisor who is disruptive and fails to comply with the participation boundaries may be removed from any meeting or proceeding and may be barred from future meetings or proceedings in the matter.

Clarkson College will not unduly delay the scheduling of meetings or proceedings based on the advisor’s availability.

Both the Complainant and the Respondent have the right to be accompanied at the hearing by an advisor of their choosing. If a party does not have an advisor present at the hearing, Clarkson College will provide, without fee or charge to the party, an advisor of Clarkson College’s choice for the purpose of conducting cross-examination. This College-appointed advisor may be, but is not required to be, an attorney. A party may not proceed at the hearing without an advisor.

The Title IX Coordinator, Investigator, Adjudicator and Appeals Officer will communicate directly with the party through their Clarkson College-provided email address and copy the advisor on all communications.

 2. Investigation 

The Investigator will perform an investigation within a reasonable timeframe of the conduct alleged to constitute Sex Discrimination or Sexual Misconduct as set forth in the Written Notice of Allegations. Such an investigation will be prompt, thorough, fair, and impartial.  

Clarkson College, and not the parties, has the burden of proof and the burden of gathering evidence, (i.e. the responsibility of showing a violation of the Sex Discrimination and Sexual Misconduct Policy has occurred).  

Each party will have equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence (i.e. evidence that tends to prove and disprove the allegations), as described below.  

During the investigation, the Investigator will interview separately the Complainant(s), the Respondent(s), any witnesses either party has identified, and any other individuals who are thought possibly to have relevant information. Complainants and Respondents may be accompanied to an investigative interview or other meeting held as part of the investigation by one advisor of their choice. 

In addition, the Investigator will review all documentary and physical evidence identified and provided by the parties, other documentary and physical evidence that the Investigator may identify and obtain through witnesses or otherwise, and all relevant College policies. The Investigator may also take other investigatory steps including, but not limited to, consulting with other professionals within and outside of Clarkson College as determined appropriate in the Investigator’s judgment. 

The Investigation will exclude from consideration: 

• Evidence regarding the sexual history of the Complainant unless offered to prove that someone other than the Respondent committed the alleged conduct, or if the evidence concerns specific incidents of the Complainant’s prior sexual behavior with the Respondent and are offered to prove consent.
• Records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless Clakson College obtains that party’s voluntary, written consent to do so.
• Information protected under a legally recognized privilege such as the attorney-client privilege unless the person holding such privilege has waived the privilege.

The Investigator will also provide periodic status updates to the parties throughout the investigation process.

 a. Review of Evidence

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation that is directly related to the allegations raised in the Formal Complaint. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation. 

The Investigator will send to each party and the party's advisor, if any, the relevant evidence obtained from the investigation that is subject to inspection and review. Such evidence may be provided in an electronic format or as a hard copy, and consists of the evidence obtained as part of the investigation that is directly related to the pending allegations, including: 

• Evidence upon which Clarkson College does not intend to rely in reaching a determination regarding responsibility; and
• Both inculpatory or exculpatory evidence, whether obtained from a party or other source.

Each party will have ten (10) Business Days from the date that the evidence is delivered to the party to inspect and review the evidence and submit a written response to the evidence to the Investigator. It is optional for parties to provide a response. The Investigator will consider any written responses received from the parties before completing the Investigative Report.  

 b. Investigative Report

After receiving and giving due consideration to any timely written responses received from the parties, the Investigator shall complete an Investigative Report that fairly summarizes all relevant evidence. The Investigative Report will be redacted for information that is irrelevant or privileged.  The Investigator does not include any recommendations regarding responsibility in the Investigative Report.  

The Investigator will send to each party and the party's advisor, if any, the investigative report in an electronic format or a hard copy for their review and written response. Each party will have ten (10) Business Days from the date that the Investigative Report is delivered to the party to submit a written response to the Investigative Report, if the party so chooses. 

c. Participation in the Investigation

No party or witness is required to participate in an investigation or any other part of the grievance process. If a Complainant or Respondent chooses not to participate in the investigation, the Investigator will still complete the investigation and prepare the Investigative Report based on the information available. No adverse inference will be made as a result of a Complainant or Respondent’s decision not to participate in the investigation, and the Adjudicator and/or Appeals Officer will not base a finding of responsibility solely on a party’s decision not to participate in whole or in part in the grievance process.  

 3. Formal Hearings in Cases of Alleged Sex Discrimination or Sexual Misconduct 

After an investigation, Clarkson College will conduct a hearing to determine whether the Respondent is responsible for violating the Sex Discrimination and Sexual Misconduct Policy. The hearing is an opportunity for the parties to address the Adjudicator about issues relevant to the determination of responsibility to be made by the Adjudicator. 

During the hearing, the Complainant and Respondent will each have an opportunity to:

• Discuss and explain their position through opening and closing statements.
• Respond to any questions of the Adjudicator.
• Have their advisor cross-examine the other party and any witnesses. 

The Adjudicator will objectively evaluate all relevant evidence necessary to independently reach a determination regarding responsibility. If a determination of responsibility for Sex Discrimination or Sexual Misconduct is made against the Respondent, the Adjudicator will determine appropriate sanction(s) for Respondent and, if applicable, whether remedies to the Complainant are appropriate.  

A hearing must be held following an investigation unless the Formal Complaint has been resolved pursuant to the Informal Resolution Process or the Formal Complaint has been dismissed as set forth in Section C – Dismissal and Appeal of Dismissal. Clarkson College will strive to conduct a hearing within thirty (30) Business Days from the issuance of the Investigative Report.  

 a. Standard of Review

The Respondent is presumed to be not responsible by the Adjudicator; this presumption may be overcome only where the Adjudicator concludes that there is sufficient evidence, by Clear and Convincing Evidence, to support a finding that the Respondent violated the Sex Discrimination and Sexual Misconduct Policy. 

 b. Hearing Scheduling and Notice

The Respondent, the Complainant, and the Adjudicator shall have an opportunity to inspect documents and a list of witnesses prior to the hearing. If there are any additional documents that the Respondent, Complainant, or the Adjudicator would like to offer at the hearing, this information should be provided at least two (2) Business Days before the Pre-Hearing Conference. This information will be exchanged with all parties.  

c. Pre-Hearing Conference

The Respondent and the Complainant shall have the right to attend a Pre-Hearing Conference. The purpose of the Pre-Hearing Conference is to plan for the hearing, discuss the issues and facts that will be presented at the hearing, exchange information about witnesses to be called, answer procedural questions, and settle those matters which may be agreeably concluded. Generally, the Adjudicator will preside over the Pre-Hearing Conference.  

A Pre-Hearing Conference will be held at least two (2) Business Days prior to the scheduled hearing. Clarkson College will provide written notice of the date, time, location, participants, and purpose of both the prehearing conference and of the hearing at least five (5) Business Days prior to the prehearing conference.  

Hearing Information Exchange Prior to the Pre-Hearing Conference 

The Respondent, the Complainant, and the Adjudicator shall have an opportunity to inspect documents and a list of witnesses prior to the hearing. If there are any additional documents that the Respondent, Complainant, or the Adjudicator would like to offer at the hearing, this information should be provided at least two (2) Business Days before the Pre-Hearing Conference. This information will be exchanged with all parties. 

d. General Hearing Information

The parties cannot waive the right to a live hearing. A hearing may be conducted with all parties physically present at the same geographic location or, at the discretion of the Title IX Coordinator, any or all parties, witnesses, or other participants may appear at the hearing virtually, with technology enabling participants simultaneously to see and hear each other. 

At the request of either party, Clarkson College will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Adjudicator and parties to simultaneously see and hear the party or the witness answering questions. Such a request should be submitted to the Title IX Coordinator at least two (2) Business Days prior to the hearing. 

Clarkson College will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review upon request.  

The Adjudicator will oversee the hearing and related proceedings and will make a determination regarding responsibility.  

The Respondent and the Complainant have the right to be present for the hearing. If, despite being notified of the date, time, and location of the hearing, neither party is not in attendance, the hearing may proceed and applicable remedies and sanctions may be imposed. Neither party is required to participate in the hearing in order for the hearing to proceed.  

The Respondent may not be found to be responsible for Sex Discrimination or Sexual Misconduct solely because the Respondent is not present at the hearing.  

The parties, the parties’ advisors, the Investigator or other witnesses (while they are being questioned) may participate in the hearing. The hearing is closed to the public. 

With regard to Formal Complaints involving more than one Respondent, the Title IX Coordinator may permit hearings concerning each Respondent to be conducted separately.  

 The role of the Complainant’s and Respondent’s advisor is limited to providing support and advice to the party and conducting cross-examination of the parties and witnesses. Advisors must fulfill their role in a manner which does not disturb the hearing. If an advisor fails to act in accordance with these guidelines, the advisor may be removed from a hearing. If a party’s advisor is removed from a hearing, Clarkson College will provide that party with a different advisor to conduct cross-examination on behalf of that party. Such disruption will not be the basis to delay or postpone the hearing.  

 e. The Hearing Procedures 

At the beginning of the hearing, the Adjudicator should state for the record:  

• the date, time, and place
• their name and role as the Adjudicator

The Adjudicator should then identify the other persons present, read the alleged violation(s), and ask the Respondent if the Respondent accepts or contests responsibility for the alleged violation(s).  

The Adjudicator has the discretion to determine specific hearing format. A typical hearing may include brief opening remarks by the Complainant and/or Respondent; direct and/or cross-examination of the parties, the Investigator, and any witnesses by the Adjudicator; cross-examination of the parties, the Investigator, and any witnesses by the parties’ advisors; and brief concluding remarks by the Complainant and/or Respondent. 

• Direct Examination

The Adjudicator may ask questions and elicit information from parties, witnesses, and/or the Investigator to aid in the Adjudicator’s findings of fact, conclusions regarding the application of the Sex Discrimination and Sexual Misconduct Policy to the facts, and the determination of responsibility, sanctions, or remedies. The parties and their advisors may not engage in direct examination of any individual at the hearing. 

•  Cross-Examination

The Adjudicator will permit each party’s advisor to ask the other party and any witnesses called by another party all relevant questions and follow-up questions, including those challenging credibility (“cross-examination”).  

Such cross-examination will be conducted directly, orally, and in real time by the party’s advisor and never by a party personally. If a party does not have an advisor present at the live hearing, Clarkson College will provide without fee or charge to that party, an advisor of Clarkson College’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.   

Before a Complainant, Respondent, or witness answers any question, Adjudicator will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Adjudicator should apply logic and common sense, rather than legal rules of evidence, when making a determination about a question’s relevance. Questions which will be deemed irrelevant by the Adjudicator include, but are not limited to:  

• questions that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege;
• evidence about a Complainant’s prior sexual history unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent;
• any party’s medical, psychological, and similar records unless the party has given voluntary, written consent; and
• statements by a party or witness who did not submit to cross-examination at a live hearing.

The Adjudicator cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing, or decision not to answer questions or otherwise not participate in the live hearing. However, if a party or witness does not submit to cross-examination at the live hearing, the Adjudicator will not rely on any statement of that party or witness in reaching a determination regarding responsibility.  

Other than conducting cross-examination as described above, the parties’ respective advisors may not speak on behalf of the parties during the hearing and may not directly participate in any aspect of the hearing. The Complainant or Respondent, however, may consult with their respective advisors during the hearing. The Adjudicator may limit the length and frequency of consultations so that they do not unreasonably delay the hearing or unreasonably interfere with the presentation of evidence.  

f. Determination of Responsibility

After the hearing, the Adjudicator will objectively evaluate all relevant evidence, both inculpatory and exculpatory, and reaction a determination regarding whether there is sufficient evidence, by Clear and Convincing Evidence, to support a finding of responsibility on the part of Respondent for each allegation under investigation. In reaching a determination, the Adjudicator must evaluate all evidence independently.  

Where there is a finding of responsibility, the Adjudicator may impose one or more disciplinary sanctions on the Respondent, as set forth in Section E – Disciplinary Sanctions, and/or provide remedies to the Complainant.  

g. Written Determination

Within seven (7) Business Days following the conclusion of a hearing (or such longer time as the Adjudicator may for good cause determine), the Adjudicator will simultaneously issue a written decision to the Respondent and the Complainant, with a copy to the Title IX Coordinator. 

The Written Determination will include the following information.  

• Identification of the allegations potentially constituting Sex Discrimination or Sexual Misconduct and any other policy violations addressed at the hearing.
• A 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, methods used to gather evidence, and hearings held.
• Finding of fact supporting the determination. 
• Conclusions regarding the application of the Sex Discrimination and Sexual Misconduct Policy and, if applicable, any other College policy, to the facts. 
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions Clarkson College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to Clarkson College’s education program or activity will be provided by Clarkson College to the Complainant. 
• Clarkson College’s procedures and permissible bases for the Complainant and Respondent to appeal. 

Disciplinary sanctions and any remedies that could not be offered as Supportive Measure shall not be enforced until the determination of responsibility becomes final. The determination regarding responsibility becomes final either: 

• If no appeal is filed, on the date on which an appeal would no longer be considered timely; or
• If an appeal is filed, on the date that the parties are provided with the written determination of the appeal.

  4. Appeals of Written Determination of Responsibility and Sanctions

The Complainant and the Respondent may both appeal to the Adjudicator’s Written Determination within seven (7) Business Days from the date the decision is delivered to the parties (based on the delivery dated email). This appeal process provides both the Complainant and Respondent a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome of the Hearing.  

a. Reasons for Appeal

A Written Determination may be appealed only on the following three bases:  

• A procedural irregularity that affected the outcome of the Formal Complaint.
• The discovery of new evidence that was not reasonably available at the time the Written Determination was made that could affect the outcome of the Formal Complaint.
• The severity of the sanctions imposed.

b. Appeal Process

The appeal must be in writing and delivered to the Title IX Coordinator, who will provide to the Appeals Officer within seven (7) Business Days of the delivery of the Written Determination. An appeal must be in writing and clearly specify the base(s) for the appeal and the evidence supporting the appeal. 

If either party submits an appeal, the Title IX Coordinator will promptly notify the other party and the Appeals Officer in writing and provide the party with a copy of the appeal. The non-appealing party will be given seven (7) Business Days to submit a written response to the appeal; the non-appeal party is not required to submit a response to the appeal. 

Upon the expiration of the deadline for the non-appealing party’s written submission, the Title IX Coordinator will provide the Appeals Officer: (1) the appeal; (2) the non-appealing party’s response, if provided; (3) the Investigative Report; (4) the Written Determination; (5) any information reviewed and considered by the Investigator or the Hearing Board; (6) all inculpatory and exculpatory evidence submitted to the Investigator or the hearing Board; and (7) a transcript of the hearing. 

The Appeals Officer may confer with appropriate Clarkson College employees in order to obtain information necessary to make a fully informed decision. The Appeals Officer may request clarifying information from the parties, the Investigator, and/or the Adjudicator as determined appropriate by the Appeals Officer.   

 c. Appeal Outcome and Appeal Determination Letter

The Appeals Officer will carefully review all of the information and determine whether to grant or deny the appeal. If the Appeals Officer determines that an appeal does not clearly raise one or more of the limited bases for appeal listed above, the Appeals Officer will dismiss the appeal without further consideration. If the Appeals Officer determines that the appeal does raise one or more of the limited bases for appeal listed above and the result is to grant the appeal, the Appeals Officer will determine the appropriate action.  

• The Appeals Officer will issue a written determination within fourteen (14) Business Days after receipt of the record and any additional information, though this may vary based on the scope of the appeal or unforeseen circumstances.
• The written appeal determination will be provided simultaneously to the Complainant and the Respondent and will explain the result of the appeal and the rationale for the decision.

 Disciplinary Sanctions 

Clarkson College will not wait for the conclusion of any criminal investigation before initiating its own internal investigation. Clarkson College may pursue disciplinary action against a student at the same time the student is facing criminal charges for the same offense, even if the criminal prosecution is pending, has been dismissed or the charges have been reduced.  

The following sanctions may be imposed upon any student found to have violated this Sex Discrimination and Sexual Misconduct Policy:  

• Warning – a notice in writing to the student that the student is violating or has violated institutional requirements. 
• Probation – a written reprimand for violation of specified regulations. Probation lasts for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found in violation of any institutional regulations during the probationary period. 
• Loss of Privileges – denial of specified privileges for a designated period of time. 
• Restitution – compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. 
• 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. 
• Residence Hall Dismissal – permanent separation of the student from the residence halls. 
• Clarkson College Suspension – separation of the student from Clarkson College for a specified period of time. Conditions for readmission may be specified. 
• Clarkson College Dismissal – permanent separation of the student from Clarkson College
• Other sanctions including, but not limited to, work assignments, service to Clarkson College, community service, workshop attendance, required counseling, written explanation, or other discretionary assignments. 

More than one of the sanctions listed above may be imposed for any single violation.  

 Other than Clarkson College Dismissal, disciplinary sanctions shall not be made part of the student’s permanent academic record but shall become part of the student’s confidential record. Upon graduation, the student’s confidential record may be expunged for disciplinary actions other than Residence Hall Dismissal, College Suspension or College Dismissal. Cases involving the imposition of sanctions other than Residence Hall Dismissal or College suspension/dismissal may be expunged from the student’s confidential record five years after the final disposition of the case.  

Remedies

Remedies are individualized measures provided, as appropriate, to a Complainant or any other person the recipient identifies as having had their equal access to the recipient’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve a person’s equal access to Clarkson College Education Program or Activity after a recipient determines that sex discrimination occurred. Such remedies may include, but are not limited to, the Supportive Measures described in this policy and may also include counseling, mental health services referral, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, escort services, mutual or one-way restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring, and other measures determined by school officials to be necessary to restore or preserve the Complainant’s equal access to the Education Program and Activities, regardless of whether such measures impose a burden on the Respondent or are punitive or disciplinary in nature.  

Informal Resolution 

At any time prior to reaching a determination regarding responsibility, Clarkson College may facilitate an Informal Resolution process, such as mediation, that does not involve a full investigation and adjudication. Clarkson College will not require the parties to participate in an Informal Resolution process and may not offer an Informal Resolution process unless a Formal Complaint is filed.  

Parties may submit written requests to engage in Informal Resolution in place of an investigation and Formal Resolution. Clarkson College, however, has the discretion to determine whether Informal Resolution is appropriate in light of the nature of the conduct alleged in the specific Formal Complaint, the type of Informal Resolution that may be appropriate in a specific Formal Complaint, and to refer a Formal Complaint for Formal Resolution at any time. Prior to the initiation of Informal Resolution, the Title IX Coordinator will obtain written consent from both parties to proceed with Informal Resolution. 

Clarkson College will not offer or facilitate an Informal Resolution process to resolve allegations that an employee engaged in sex-based harassment against  a student, or when such a process would conflict with Federal, State or local law.  

The Informal Resolution process is facilitated by the Title IX Coordinator or their designee. The parties to any Informal Resolution process will not be required to deal directly with one another without Clarkson College’s involvement.  

 An Informal Resolution may include the range of Supportive Measures described above, as well as targeted and/or broad-based training and educational programming for relevant individuals and groups and/or any other remedy. For example, both parties may agree that the permanent application of Supportive Measures (i.e. no contact agreement) may be sufficient to resolve the Formal Complaint. An Informal Resolution process may also include a remedies-based process, which allows both parties to come to a mutual agreement regarding the resolution of the Formal Complaint.  

Once an Informal Resolution process is complete, both parties will be notified simultaneously of the resolution. The Informal Resolution process does not conclude with Clarkson College finding; the Respondent is not found to be “responsible” or “not responsible” of a policy violation. However, the parties may negotiate the extent to which a Respondent may agree or concede responsibility for alleged misconduct.  

 Any party may request that the Informal Resolution process be terminated at any time, in which case the Formal Resolution process would proceed. Clarkson College may, at its discretion, also terminate the Informal Resolution Process at any time. In addition, while the results of the Informal Resolution process cannot be appealed, any party can withdraw from the Informal Resolution process and resume the Formal Resolution process with respect to the Formal Complaint.  

  1. General Provisions Related to Informal Resolution 

 At the beginning of the Informal Resolution process, Clarkson College will notify each party of the following:

• Provide to the parties a written notice disclosing:
  • the allegations in the Formal Complaint;
  • the requirements of the Informal Resolution process including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and resume the grievance process with respect to the Formal Complaint;
  • any consequences resulting from participating in the Informal Resolution process, including the records that will be maintained or could be shared;
  • Obtain the parties’ voluntary, written consent to the Informal Resolution process; and 
  • Clarkson College will provide the parties timely access to any information that will be used during the Informal Resolution process. 

• Any statements, admissions, or other statements made by the Complainant or Respondent during the Informal Resolution process may not be used as evidence if the matter proceeds to a Formal Hearing.
• If Clarkson College and parties do not reach an agreement to resolve the Formal Complaint through the Informal Resolution process, the grievance process will be resumed with respect to the Formal Complaint, including investigation and adjudication and any Formal Hearing

 

• VI. Pregnancy and Parental Status

If a student, a parent of a minor student, or other authorized legal representative informs a Clarkson College employee of a student’s pregnancy or pregnancy-related conditions, the Clarkson College employee must follow the steps below: 

•  Provide the individual with the Accommodations Coordinator/Deputy Title IX Coordinator’s contact information, which is [email protected]. Inform the student that Accommodations Coordinator/Deputy Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure equal access to the educational program or activity (direct student to SW-1 and SW-2 Policy).
• If the student contacts the Accommodations Coordinator/Deputy Title IX Coordinator, they will provide the student with SW-2 Student Accommodations policy and the SW-1 Equal Opportunity and Non-Discrimination policies to the student.

 VII. Retaliation Prohibited

No one may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by the Sex Discrimination and Sexual Misconduct 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 Sex Discrimination and Sexual Misconduct Policy.  

Intimidation, threats, coercion, or discrimination, including charges against an individual for Student Code of Conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by the Sex Discrimination and Sexual Misconduct Policy, constitutes retaliation.  

 VIII. Education, Awareness, Prevention, and Training

Clarkson College understands that ongoing education about the issues contained within this Sex Discrimination and Sexual Misconduct Policy is critical to fostering a healthy campus environment. Clarkson College requires new employees to complete training promptly upon hiring or change of position that alters duties under Title IX and annually thereafter. Clarkson College is committed to providing annual educational and bystander training to all students and employees to promote their awareness and understanding of their rights and conduct prohibited under this policy. This education will also include sexual violence prevention measures and procedures for responding to and reporting incidents. The importance of preserving evidence will be addressed as evidence may be necessary for proving sexual misconduct occurred or for obtaining a protection order. In addition, safe and positive options for bystander intervention will be introduced. Sexual harassment/sexual assault prevention workshops are available; please contact the Title IX Coordinator to schedule.  

Title IX Coordinators, Investigators, Adjudicators, and any person who facilitates an informal resolution will receive annual training on the issues related to Sex Discrimination or Sexual Misconduct including dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.  

 In addition to the training described above, Title IX Coordinators, Investigators, Adjudicators, and any person who facilitates an informal resolution process will receive the following training:  

• The definition of sex-based harassment
• The scope of Clarkson College’s education program or activity
• How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable.
• How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. 

Adjudicators will also receive training on

• Any technology to be used at a live hearing 
• Issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.

Investigators will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.  

Any materials used to train Title IX Coordinators, Investigators, Adjudicators, and any person who facilitates an informal resolution process, must not rely on sex stereotypes, and must promote impartial investigations and adjudications of Formal Complaints of Sex Discrimination or Sexual Misconduct.  

Clarkson College will make these training materials publicly available on its website.  

IX. Records

Clarkson College will retain all records of relating to all complaints, documentation, and reports of Sexual Misconduct for a period of eight (8) years after the date the report was received.  

X. Other Clarkson College Disciplinary Processes

The outcomes and actions taken under this Sex Discrimination and Sexual Misconduct Policy do not necessarily preclude other disciplinary actions from being taken using other Clarkson College disciplinary procedures.  

XI.Questions

Any questions regarding this Sex Discrimination and Sexual Misconduct Policy should be directed to Clarkson College’s Title IX Coordinator:

Title IX Coordinator
Office Address: 101 South 42nd Street; Omaha, NE 68131
Email Address: [email protected]
Phone Number: 402-552-6298

Any questions about Clarkson College’s application of Title IX and its implementing regulations may be referred to the Title IX Coordinator and/or to the U.S. Department of Education. Office of Civil Rights. The Office of Civil Rights can be contacted at the U.S. Department of Education, Office of Civil Rights, Lyndon Baines Johnson Department of Education Bldg, 400 Maryland Avenue, SW, Washington, D.C., 20202-1100; their phone number is 1-800-421-3481, and email address is [email protected]. The regional Office of Civil Rights is located at One Petticoat Lane, 1010 Walnut St., Suite 320, Kansas City, MO, 64106; their email address is [email protected] and their phone number is 816-268-0550 

XII. Amendments or Termination of this Policy

Clarkson College reserves the right to modify, amend, or terminate this Sex Discrimination and Sexual Misconduct Policy at any time.