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16 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2020 the AVP will then forward the Investigation Report to a trained staff member who will serve as the Hearing Administrator. e Hearing Administrator will conduct a hearing in which the reporter, respondent, and all relevant witnesses, are invited to present and question information gathered for the Investigation Report. Once all information is shared, the Hearing Administrator will make a determination of responsibility based on a more likely than not standard to determine whether a violation of the policy occurred. If the Hearing Administrator determines there are no findings of responsibility, the reporter may appeal the decision by following the process outlined in the Appeal for Student Cases section of the Title IX Policy. If the Hearing Administrator makes a determination of responsibility, they will ask the reporter and respondent to submit character references or statements and the reporter may submit an impact statement. e respondent's previous conduct history will also be reviewed. After reviewing this information, the Hearing Administrator will determine appropriate sanctions based on the facts of the case as well as all mitigating and aggravating information. Option 2: Alternative Resolution. Alternative resolution is a voluntary process that allows the respondent to accept responsibility for their behavior. e alternative resolution process is designed to eliminate the Prohibited Conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the reporter while still maintaining the safety of the overall Campus Community. e alternative resolution process will only be used at the request and agreement of both the reporter and respondent and under the direction of the Title IX Coordinator. e alternative resolution options available under this policy recognize: • Participation in this process is voluntary and either the reporter or respondent can choose to end the process at any time prior to signing the agreement and pursue an investigation. • Mediation, even if voluntary, will not be used in cases involving sexual assault. • Both the reporter and respondent must participate in individual conference meetings with appropriate staff to learn more about the resolution process prior to participating. • e process can only be used once and will not be considered if requested by a repeat respondent under the Title IX Policy. • e reporter and respondent must agree to all recommendations laid out in the formal agreement or the case reverts back to investigation. • e respondent may be charged with Failure to Comply with a Directive of a College Official (Charge 5a.) under the Student Conduct Code for failure to meet the requirements laid out in the agreement. Possible options that students may utilize in this process are outlined below: Restorative Processes is a philosophical approach that embraces the reparation of harm, healing of trauma, reconciliation of interpersonal conflict, and reintegration of people who have been marginalized through participatory learning and improved decision-making skills. Rather than focusing on what policies have been violated, Restorative Processes instead identify who has been harmed and what actions are necessary to repair the harm. • Formal Restorative Conference. Participation in a discussion by trained facilitators with any persons harmed and development of a shared agreement of how to correct the harm. e reporter and respondent (and possible community members) work together to develop an agreement that resolves the issue, and can help the respondent restore their standing in their communities and repair relationships that were damaged by their actions. Any agreements that are reached during the alternative resolution process must be documented, signed by the reporter and respondent, and approved by the Title IX Coordinator. If no agreement is reached then the matter may be referred to the Title IX Coordinator for further action. • Informal Restorative Conference. e Title IX Coordinator will meet separately with the reporter and the respondent. e meetings will include discussion on the behavior, the impact on the reporter, respondent, and the community. At the culmination of the meetings, the Title IX Coordinator will have a final meeting with the respondent who will be required to complete exercises and/or educational activities to acknowledge the harm their actions caused. All information discussed in this meeting will be shared with the reporter. • Informal Restorative Statements. is may include structured voluntary apology letters, affective questions towards the respondent including; who was affected, how were they affected, and what was the harm caused, etc. is could be done either in-person with the respondent or via written statements. All information discussed in this meeting will be shared with the reporter. e college reserves the right to suspend or terminate Option Two at any time, prior to both parties formally agreeing to the terms in the contract, and revert back to investigation. Both the reporter and the respondent may be accompanied by an advisor at any meeting during the alternative resolution process. Notification of Disposition and Appeal Procedures in a Student Disciplinary Proceeding At the conclusion of a Title IX investigation that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking there is a finding of responsibility, and both the respondent and the reporter simultaneously receive written notification of the result and information regarding how to appeal decisions and/or any sanctions issued within five business days of the date of the written decision. Appeals will be reviewed by the Vice President for Student Affairs (VPSA) or designee. Similarly, at the conclusion of a Student Conduct hearing, the respondent (and reporter in cases of Personal Abuse) are afforded the opportunity to appeal the decision and/or any sanctions (when applicable) issued within five business days of the date the written decision was sent (via email). In cases resulting in sanctions lower than suspension or expulsion, the appeal will be reviewed by the Director of Student Conduct & Off-Campus Services or designee. Cases resulting in suspension or expulsion will be reviewed by the VPSA or their designee. All appeals for both Title IX and Student Conduct disciplinary proceedings, must be in writing and include any supporting documentation that the student wishes to be considered. Deference is given to the original Hearing Administrator's findings of fact and decision of responsibility and/or any sanctions; therefore, the burden of proof is on the student filing an appeal to sufficiently demonstrate

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