- Hearing Committee
Mediation is never an appropriate means for handling issues of gender discrimination or sexual misconduct. Gender or sex discrimination hearings will be heard by a Hearing Committee. All members have been trained in issues of gender discrimination and sexual misconduct. This committee may be composed of staff and faculty and will represent both genders. The committee chair will be the Director of Student Accountability or a designee approved by the title IX coordinator and serve as a voting member. At least 3 voting members must be present for a hearing to take place with no more than 5 sitting on any hearing. Both the respondent and reporting party may bring an advocate to each stage of the hearing.
In instances of employee on student hearings an Executive Hearing Committee will be composed. The Executive Hearing Committee Chair will be the Director of Human Resources or his/her designee and will serve as a facilitator, but not a voting member. The Director of Human Resources will appoint a Hearing Committee as appropriate based on the status of the involved parties. All members will be trained in issues of gender discrimination and sexual misconduct. Both the student and employee may bring an advocate to each stage of the hearing. College legal counsel may also be present to ensure legal rights of both students and employees are met.
To prevent bias and impartiality, Hearing Committee members will be informed of the names of the reporting party and respondent prior to the hearing. Should circumstances arise in which a Hearing Committee member cannot be impartial and/or there is a conflict of interest, that member will be replaced with another. For example, if a hearing committee member is a relative or supervisor of one of the individuals involved in the report, their impartiality may be compromised making it inappropriate for them to hear that particular case. Hearing Committee members are expected to recuse themselves from hearings in which they identify a potential bias. Likewise, both the reporting party and the respondent may petition that a member of the Hearing Committee member be replaced due to bias. Any concerns with a hearing committee member’s impartiality or fit should be brought to the attention of the Title IX Coordinator. The Title IX Coordinator will have final say on who sits on the committee and hears any particular case.
Georgetown College’s Executive Cabinet reserves the right to serve as the Hearing Committee in instances of extreme and/or unique nature.
- Standard of Proof
The standard of proof used for hearing cases of gender discrimination and sexual misconduct will be preponderance of the evidence or “more likely than not”. Findings of responsible or not responsible for gender discrimination or sexual misconduct cases will be made based on this standard of proof in determining if a violation occurred.
- Reporting Party and Respondent Rights:
- The right not to be discouraged by College officials from reporting an assault to both on‐campus and off‐campus authorities.
- The right to be informed by College officials of options to notify proper law enforcement authorities, including on‐campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim’s desire.
- The right to have complaints of gender discrimination and sexual misconduct responded to quickly and with sensitivity.
- The right to be notified of available counseling, mental health or student services, both on campus and in the community.
- The right to investigation and appropriate resolution of all credible complaints of gender discrimination and sexual misconduct made in good faith to College administrators.
- The right to be notified of the identity of the lead investigator and requests for interview with appropriate time to prepare a statement.
- The right to be treated with respect by College officials.
- The right to preservation of confidentiality, to the extent possible and allowed by law.
- The right to a hearing closed to the public.
- The right to a hearing in which the respondent and reporting party need not be in the same room at the same time.
- The right to be present for all testimony given and evidence presented before the Hearing Committee. Note: If the respondent and reporting party choose not to be in the room at the same time technology such as Skype or speaker phone can be used to accommodate this thereby still allowing both parties to hear all testimony given and evidence presented.
- The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing.
- The right to a campus accountability outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice.
- The right to appeal the finding and sanction of the Hearing Committee in accordance with the standards for appeal.
- The right to a fundamentally fair hearing, as defined in these procedures.
- The right to have College policies and procedures followed without material deviation.
- Individuals Present at the Hearing
Those present at the hearing will include:
- 3 or 5 members of the Hearing Committee
- The reporting party
- The respondent
- The Title IX Investigator/s
- Advocates: Both the reporting party and the respondent may have one advocate present during the hearing. This may be a College official, legal counsel, friend, parent, etc. The reporting party/respondent may confer with their advocate, but the advocate may not participate in the hearing.
- Witness(es) may be called to provide statements.
- In instances of employee on student cases legal counsel may also be present
If any party is uncomfortable being in the same room for the hearing, accommodations may be made such as using Skype, thereby allowing the hearing to take place without direct confrontation.
- Notification of Hearing
All parties whose presence is requested at the hearing will be notified in writing seven calendar days prior to the hearing. Notifications will be made via campus email by the Title IX Coordinator. The reporting party and respondent will be notified of the following:
- The time and location of the hearing.
- Notice of the alleged violations within the complaint including the nature of the violation
- The name of the lead investigator
- Possible sanctions should the respondent be found responsible for a violation
- The names of the members of the Hearing Board assigned to the case. Neither the respondent nor the reporting party may directly or indirectly contact any member of the Hearing Committee prior to the hearing.
- The names of all witnesses who will be called at the hearing, except in cases where a witness’ identity may not be revealed for compelling safety reasons. Upon review of witnesses to be called, either the respondent or reporting party may request that additional witnesses be called. This request should be made to the Title IX Investigator in writing via campus email. The Title IX Investigator will determine if the new witnesses will be added to the hearing. If added, the reporting party and respondent will be notified no less than 48 hours prior to the hearing. Witnesses may be added no later than 48 hours prior to the hearing.
- All documentary evidence to be presented at the hearing (subject to confidentiality limitations imposed by state and federal law). Both the reporting party and the respondent have the opportunity to review this at least 48 hours prior to the hearing. Requests to review this evidence should be made in writing via campus email to the Title IX Investigator.
- The rights nature, rules and procedures of the campus conduct process as outlined in this policy.
- Hearing Steps
The Investigator Report will be given to the Hearing Committee Chair who will make a determination of charges and if necessary, request a committee be convened and a hearing scheduled. The hearing steps are as follows:
- Introductions: The hearing will be facilitated by the Hearing Committee chair and begin with introductions.
- Presentation of Investigator Report: The lead investigator will present the report to the Hearing Committee.
- Members of the Hearing Committee will be given the opportunity to ask questions of the respondent, the reporting party and/or the investigator.
- The respondent and reporting party may not directly ask questions of each other or any witnesses. Should such a question arise, the reporting party or respondent will in writing submit the question to the Committee Chair. The Committee Chair will determine the appropriateness and/or usefulness of the question and then present the question or deny it.
- Questions about prior sexual conduct with any individual other than the respondent are prohibited
- Evidence of a prior consensual dating or sexual relationship between the respondent and reporting party does not imply consent or preclude a finding of gender discrimination or sexual misconduct.
- Witnesses and other evidence: Any witnesses or individuals with relevant information will then be called. Video footage and other types of evidence will be reviewed. The Hearing Committee will first be allowed to ask questions of witnesses. The reporting party and respondent will then be permitted to ask questions of witnesses. Witnesses will be called as needed, questioned and dismissed. Witnesses will be present only for the portion of the questioning that applies to them directly.
- Statements: The reporting party and the respondent will then both be given a chance to make a statement after all questioning is finished.
- Dismissal: At this point the reporting party, respondent , investigator, advocates, witnesses and any other individuals will then all be dismissed leaving only the Hearing Committee.
- Deliberation: The Hearing Committee will deliberate and make a determination of responsible or not responsible for the respondent.
- Sanctioning: If a determination of responsible is reached, the board will then be made aware of any past Student Code of Conduct issues and then assign sanctions.
- Coercion: Coercion is unreasonable pressure for sexual activity.
- 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 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.
- For the purposes of this definition‐
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- For purposes of complying with the requirements of this section and §668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
- Domestic Violence: (i) Felony or misdemeanor crimes of violence committed –
- By a current or former spouse or intimate partner of the victim;
- By a person 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 a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
- By any other person against an adult or youth victim who is protected from the person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
- (ii) For purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
The Commonwealth of Kentucky has the below listed definitions for use in domestic violence situations:
As used in KRS 403.715 to 403.785:
- “Domestic violence and abuse” means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple;
- “Family member” means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim;
- “Global positioning monitoring system” means a system that electronically determines a person’s location through global positioning satellite technology, radio frequency technology, or a combination thereof and reports the location of an individual through the use of a transmitter or similar device worn by that individual and that transmits latitude and longitude data to a monitoring entity. The term does not include any system that contains or operates global positioning system technology, or any other similar technology, that is implanted or otherwise invades or violated the individual’s body; and
- “Member of an unmarried couple” means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together.
- Non‐Consensual Sexual Contact: Non‐consensual sexual contact is any intentional sexual touching, however slight with any object, by a man or a woman upon a man or a woman that is without consent and/or by force
Consent is an active giving of permission to engage in activity. Consent is clear, knowing and voluntary. Consent may be given through words or actions. Silence should not be interpreted as consent. Absence of protest is not consent. Previous history does not imply consent for future activity. Likewise, consent to one activity does not imply consent to another. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Consent cannot be given under pressure, force, threats, intimidation, coercion or while incapacitated due to the influence of alcohol and/or drugs. In order to give consent one must be of legal age and not incapacitated mentally or physically. Lack of consent occurs when:
- A person is forced to submit.
- The person does not expressly or implicitly agree with the respondent’s conduct under circumstances other than forcible compulsion or incapacity to consent.
- A person is deemed to be incapable of consenting if he/she is less than 16 years old, is mentally challenged, suffers from mental illness, or is physically helpless or is totally incapacitated.
- A person is rendered temporarily incapable of appraising or controlling his/her conduct as a result of a controlled or intoxicating substance administered to him/her with or without consent or knowledge.
- A person is unable to consent when he/she is unconscious, or for any other reason is physically unable to communicate unwillingness to act.
Types of Non‐Consensual Sexual Contact include:
- Force: the use of physical violence and/or imposing on someone physically to gain sexual access. Force includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non‐consensual, but nonconsensual sexual activity is not by definition forced.
- Incapacitation: Incapacitation is a state where an individual cannot make a rational or reasonable decision because he/she lacks the ability or information to understand the sexual interaction to the fullest extent. Incapacitation can result from mental or physical disabilities, drug or alcohol use, physical restraints, “date‐rape” drugs, or anything that effects the individual’s ability to make a clear and informed decision. Incapacitation occurs anytime sexual activity takes place where the alleged victim does not understand the “who, what, when, where, why and how”
- Intimidation: Intimidation is the act of using coercion, instilling fear or making threats to induce submission, compliance or acquiescence from another.
- Retaliation: Retaliation occurs when an individual seeks a form of revenge against another for a perceived wrong
- Sexual Assault: Sexual assault is defined as sexual intercourse or sexual contact with another person by forcible compulsion and/or without consent. Forcible compulsion may be committed by means such a physical power, coercion or incapacitation. Acts of sexual assault include rape, oral or anal intercourse, and other sexual acts not involving intercourse to which participants are not both consenting. Absence of protest is not consent.
- Sex or Gender Discrimination: Sex or Gender Discrimination occurs anytime a person’s sex or gender becomes a factor or basis in treating them unfairly. Sex or Gender Discrimination may also occur when an individual is treated unfairly due to his/her connection with a group or organization that is typically associated with a certain sex or gender.
- Sexual Exploitation: Sexual exploitation occurs when a student takes non‐ consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include:
- Invasion of sexual privacy
- Non‐consensual video or audio‐taping of sexual activity
- Going beyond the boundaries of consent (such as letting friends view you having consensual sex without the other party knowing)
- Sexually‐based stalking and/or bullying
- Engaging in voyeurism
- Knowingly transmitting an STI or HIV to another student
- Sexual Harassment: Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience.
- Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual. This can also include retaliating against the victim by the respondent or by friends of the respondent or others who are sympathetic to the respondent. In addition, retaliation directed toward a third party due to their participation in a grievance process or for supporting a grievance may be retaliatory harassment.
- Such conduct is sufficiently severe, pervasive and persistent so as to alter the conditions of, or have the effect of substantially interfering with, an individual’s educational opportunity by creating an intimidating, hostile, or offensive environment.
Types of sexual harassment include:
- Quid Pro Quo: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience.
- Retaliatory: Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual. This can also include retaliating against the victim by the respondent or by friends of the respondent or others who are sympathetic to the respondent. In addition, retaliation directed toward a third party due to their participation in a grievance process or for supporting a reporting party may be retaliatory harassment.
- Hostile Environment: Such conduct is sufficiently severe, pervasive and persistent so as to alter the conditions of, or have the effect of substantially interfering with, an individual’s educational opportunity by creating an intimidating, hostile, or offensive environment.
- Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person toFear for the person’s safety or the safety of others; or For the purposes of this definition –
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress.
- Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or professional treatment or counseling.
- Reasonable persons means a reasonable person under similar circumstances and with similar identities to the victim. For purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting
Any of the following sanctions, or combinations of sanctions, may be imposed on a student responsible for a violation of this policy. Disciplinary action other than those outlined below may be taken as the situation warrants. Sanctions should be proportionate to the severity of the violation and the respondent’s cumulative conduct record. Failure to abide by the imposed sanction may result in additional violations/sanctions. The chart below provides a guideline of suggestions sanctions based on charges. This is meant to be only a guideline. The specific sanctions assigned will vary based on the details and severity of the incident.
- Oral Reprimand: An oral statement to a student that he or she is violating or has violated institutional rules. No reprimand shall be entered as a permanent part of the student’s record unless issued by the appropriate accountability body.
- Written Reprimand: Notice in writing that continuation or repetition of inappropriate conduct within a period of time stated in the warning may be cause for more severe disciplinary action.
- Forced Change of Residency: Requires the movement of the student from one residence hall area to another.
- Removal from Campus Housing: Requires the student to vacate campus housing by a designated time.
- Trespass Warning: The student is prohibited from visiting or returning to a part or all of any designated area of campus. If the student returns, he/she is subject to arrest and additional action.
- Fines: An appropriate fine may be levied for policy violations or damages incurred.
- Restitution: Loss encumbered by the individual or College as a result of the student’s code of conduct violation.
- Campus Work: Participation in educational programs or projects may be assigned. There will be a $20.00 per hour fee for campus work hours not completed.
- Loss of Privileges.
- Educational Sanctions: Requires actions such as conducting research, writing essays, participation in counseling, etc.
- Disciplinary Probation: May include exclusion from participation in privileged or extracurricular College activities as set forth in the notice of probation.
- Interim Suspension: Temporary suspension by an official of the College for a designated period of time. Students who are interim suspended are judged to be disruptive in conduct to the educational mission and/or pose a substantial threat to the health or safety of themselves or others. An interim suspension is made pending a hearing on the alleged offense.
- Deferred Suspension: Students are suspended, but are allowed to continue as a student under specific conditions as outlined by the Student Life Office and agreed upon by the student.
- Suspension: Exclusion from classes and other privileges or activities or from the College, as set forth in the notice of suspension, for a definite period of time.
- Expulsion: Termination of student status for an indefinite period of time. The chart below provides a guideline of suggestions sanctions based on charges. This is meant to be only a guideline. The specific sanctions assigned will vary based on the details and severity of the incident.
Suggested Sanctions Oral or Written Reprimand Campus Housing Removal Loss of Privileges Educational Authorizations Disciplinary Probation Deferred Suspension Suspension Expulsion Charge Coercion X X X X X Dating Violence X X X X X X Domestic Violence X X X X X Non-Consensual Sexual Contact X X X X X X X Retaliation X X X X Sexual Assault X X Sex or Gender Discrimination X X X X Sexual Exploitation X X X X X X Sexual Harassment X X X X X Stalking X X X X X X X
- Notification of Outcome
In gender discrimination cases, both the respondent and reporting party will be notified simultaneously, in writing via campus email of the outcome within 48 hours of completion of the hearing. The reporting party will also be notified of any sanctions assigned to the respondent that may impact the reporting party. Compliance with these provisions does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).
- Both the reporting party and the respondent are granted one opportunity for appeal.
- All decisions made and sanctions imposed by the initial hearing body are to be implemented during the appellate process. At the discretion of the Vice President for Student Life, implementation of sanctions may be stayed pending appellate review. This may be done only in extremely exigent circumstances and may or may not include considerations such as proximity to graduation, end of term, exams or housing needs.
- Appeals hearings are not intended to be full re‐hearings.
- Appeals decisions are to be deferential to the original hearing‐committee, making changes only where there is clear error and/or compelling justification to do so. The original finding and sanction(s) are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party(ies) to show clear reasoning for a reversal or sanction adjustment.
- Appellate Committee
- Membership of the appellate committee will be comprised of at least 3 members of Executive Cabinet and/or Human Resources.
- Appellate committee membership will be comprised taking into consideration the parties involved in the case.
- Requesting an appeal
- Appeal requests should be submitted in writing by campus email to the Title IX Coordinator within 48 hours of notification of outcome of the initial hearing.
- If the appeal request is not timely or substantively eligible, the finding and sanction(s) assigned by the original hearing committee will stand. That decision is final.
- Appeal requests may be made on the following grounds:
- An excessive or inappropriate sanction was given;
- Procedural errors or bias existed in the initial hearing that were sufficient enough to deny a fair hearing process;
- Lack of sufficient evidence to support the finding; or
- Admission of new material or evidence that is not merely corroborative or repetitive and was not present at the time of the initial hearing.
- A request for an appeal does not necessarily mean that one will be granted.
- In deciding if an appeal hearing will be granted, the Appellate Committee will review any documentary evidence provided during the initial hearing. The Appellate Committee will also have opportunity to ask both the Investigator and Hearing Committee Chair questions about the initial hearing.
- The Appellate Committee will decide within 7 calendar days of an appeal request if the appeal hearing will be granted. This will be communicated to the appellant in writing with the date, time and location of the appeal hearing.
- The Appellate Committee may call witnesses as appropriate. The names of all witnesses who will be called at the appeal hearing, except in cases where a witness’ identity may not be revealed for compelling safety reasons, will be communicated to the appellate no later than 48 hours prior to the appeal hearing.
- The appellant will have at least 48 hour notice prior to the scheduled appeal hearing.
- Appeal Process
- The following individuals will be present at the appeal hearing:
- The Appellate Committee
- The appellant
- The appellant may bring 1 advocate. This may be a College official, legal counsel, friend, parent, etc. The appellant may confer with the advocate, but the advocate may not participate in the hearing. The name of any advocate must be provided to the Title IX Coordinator via campus email at least 48 hours prior to the hearing.
- The Appellate Committee will hear the statement of the appellate, review any new evidence and ask any relevant questions.
- The appellate will then be dismissed and the committee will deliberate and make a determination.
- In Appellate Committee decisions, if it is determined
- The sanction(s) given by the initial hearing committee was inappropriate, the appellate committee may assign a new sanction(s)
- Procedural errors or bias existed in the initial hearing that were sufficient enough to deny a fair hearing process, the appellate committee will require a new hearing committee be constituted to reconsider the matter. The re‐hearing will follow all guidelines outlined in the initial hearing process. The outcome can in turn be appealed, once.
- There was a lack of sufficient evidence to support the finding, the Appellate Committee may assign a different finding and sanction(s)
- There is new material or evidence (that is not merely corroborative or repetitive and was not present at the time of the initial hearing) to be considered, the initial hearing body will be asked to re‐hear the matter taking into account the new evidence. The re‐hearing will 1) focus only the new material or evidence and not be a complete repetition of the initial hearing and 2) follow all guidelines outlined in the initial hearing process. The outcome can in turn be appealed, once.
- The following individuals will be present at the appeal hearing:
- Notification of Appeal Hearing and Outcome
- Should an appeal hearing be granted, both parties will be informed of the outcome in writing via campus email within 48 hours of the decision.
- Should an appeal hearing result in a re‐hearing, all appeal request‐related documents will be shared with all parties.
- Should an appeal hearing result in a re‐hearing, the re‐hearing will follow all guidelines outlined in the initial hearing process. The outcome of that hearing can in turn be appealed, once.
- Example of the appeals process:
- If a hearing board finds the respondent responsible for gender discrimination sexual misconduct, the respondent may appeal that decision (in writing within 7 calendar days of the decision). The appeal hearing will be set. The outcome of the appeal hearing will be shared with both the respondent and the reporting party. If the respondent is found not responsible for a gender discrimination or sexual misconduct violation through the appeal hearing, the reporting party has seven calendar 48 hours after being notified of the outcome to appeal that decision. After this, both parties have exhausted their appeal rights.
- If a hearing board finds the respondent non‐responsible for gender discrimination or sexual misconduct, the reporting party may appeal that decision (in writing within 7 calendar days of the decision). The appeal hearing will be set. The outcome of the appeal hearing will be shared with both the respondent and the reporting party. If the respondent is found responsible for a gender discrimination or sexual misconduct violation through the appeal hearing, the respondent has 48 hours after being notified of the outcome to appeal that decision. After this, both parties have exhausted their appeal rights.
Timeline Estimates for Major Stages of the Process
Please refer to Sections 4: Options for Assistance, 8: Investigation Procedures and Protocols and 9: Grievance/Adjudication Procedures for full details on each step of the process. The summary below is meant to provide a rough timeline of what to expect when moving through the reporting, investigation and resolution process.
Investigations will be conducted in reasonably prompt timeframes with a goal for resolution being 60 days from the initial report to the end of the hearing/appeals process. Certain issues such as the point in the semester when the incident is reported may result in prolonged investigations. For example, conducting interviews during semester breaks may be more challenging as students, faculty or staff may be away. Every effort will be made to find resolution within the 60 day time frame. If the incident is also being investigated by local law enforcement, the campus process need not wait for the outcome of the criminal justice system process before making a final determination.
Safety Precautions: Once the institution becomes aware of an instance of sex discrimination we will immediately take any interim measures to ensure the safety of the individual and campus community. Likewise we will take steps to offer the reporting party interim options for support and remedy. These may include things such as issuing a timely warning statement or no‐contact orders, offering a change
of housing, offering counseling services, etc.
Investigations: The length of the investigation will vary widely based on the situation. Investigations will involve meeting with the individuals involved, taking statements, reviewing and gathering any other evidence (such as video footage), talking with witnesses, corroborating statements, meeting with College personnel, etc. This process will begin immediately upon receiving a complaint. Our goal is to be
extremely thorough in gathering information so this process may take several weeks.
Hearings: Hearings will be scheduled providing at least a seven day notice. This will allow both parties time to review the allegations and evidence to be submitted.
Resolution: The Hearing Committee will deliberate after the hearing is completed and in most circumstances will make a determination of responsibility immediately. There may be instances in which they request additional information or interviews. In these cases the goal will be to gather the additional information/interviews and complete the hearing within seven calendar days. Should such an instance occur, both the reporting party and respondent will be notified that an extension in the hearing process has been requested and other information is being gathered.
Notification of Outcome: Once a determination of responsibility is made, within 48 hours both the reporting party and the respondent will be notified of the outcome simultaneously, in writing via their campus email.
Appeals: Appeals must be submitted in writing within 48 hours of notification of outcome. The Appellate Committee will decide within seven calendar days of an appeal request if the appeal will be heard. If an appeal is granted, the hearing will be scheduled giving the appellant at least 48 hour notice prior to the scheduled hearing. Both the reporting party and the respondent have one appeal opportunity.
Notification of Appeal Outcome: Once a determination is made, within 48 hours both the reporting party and the respondent will be notified of the outcome simultaneously, in writing via their campus email.
All individuals involved in an investigation or adjudication procedures will be informed of the importance of confidentiality and in some instances may be asked to sign a confidentiality statement. Conversations and information that result from an investigation or disciplinary proceeding are private and should not be shared.
No student or employee shall be subject to any form of reprisal or retaliation for having made a good faith complaint under the College's Title IX Policy or for participating in an investigation of such complaint. Appropriate steps will be taken to protect employees and students from retaliation.
These policies apply to any student, staff and employee of Georgetown College and are not affected by the location in which the sex discrimination and/or misconduct incident occurs.
Statute of limitations
There is no statute of limitations on reporting gender discrimination or sexual misconduct. However, please be aware that services may be the most effective when incidents are reported immediately.