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17 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2022 Mandatory Dismissals. e Title IX Coordinator will determine whether the conduct alleged in the complaint falls within the scope of the Sexual Harassment, Misconduct, & Discrimination Policy and the associated definitions of Prohibited Conduct. e Title IX Final Rule requires the Title IX Coordinator to dismiss some or all of the allegations in the Formal Complaint if the conduct alleged in the Formal Complaint: 1. Would not constitute Sexual Harassment as defined in Section II, B.: Prohibited Conduct of the Policy. 2. Did not occur in the college's education Program or activity. 3. Did not occur against a person in the United States. 4. If at the time of filing a Formal Complaint, a reporter is not participating in or attempting to participate in the education program or activity of the college with which the Formal Complaint is filed. If any of the above criteria are met, the college must dismiss the Formal Complaint with regard to that conduct for purposes of sexual harassment under Title IX. However, where the allegations in the Formal Complaint include other forms of Prohibited Conduct within the Sexual Harassment, Misconduct, & Discrimination Policy, the conduct occurs outside of the United States, or the conduct is not within the college's education program or activity (but still within the scope of conduct regulated by the college), these procedures will still apply and the remaining allegations may proceed through a college resolution process set forth below. Discretionary Dismissals. e Title IX Final Rule grants the Title IX Coordinator discretion to dismiss a Formal Complaint brought under the Sexual Harassment, Misconduct, & Discrimination Policy, or any specific allegations therein, at any time during the investigation or hearing, if: 1. A reporter notifies the Title IX Coordinator in writing that the reporter would like to withdraw the Formal Complaint or any allegations therein. 2. e respondent is no longer enrolled or employed by the college. 3. Specific circumstances prevent the college from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations therein. Upon a dismissal, whether mandatory or discretionary, the college will promptly send written notice of the dismissal and rationale for the decision simultaneously to both the reporter and the respondent via email. If a Formal Complaint is dismissed for one of the above reasons, each party (referring to the reporter and respondent) may appeal that dismissal using the process described in Section III, F.: Appeals of the Sexual Harassment, Misconduct, & Discrimination Policy. Supportive measures may still be implemented for parties, as appropriate, even if a Formal Complaint has been dismissed. College Resolution Options. e college recognizes that there is not one universal resolution process that best meets the needs of our students and Campus Community. To adequately address reports of Prohibited Conduct under the Sexual Harassment, Misconduct, & Discrimination Policy, including but not limited to, sexual assault, sexual harassment, interpersonal violence, and stalking, two different procedural processes are outlined: e Formal Grievance Process and the Alternative Resolution Process. In order for the Alternative Resolution Process to be used in lieu of a Formal Grievance Process, there must be consensus of both the reporter and the respondent, and approval from the college. e college retains the right at any time to select the Formal Grievance Process as the most appropriate resolution option. Formal Grievance Process. Should the reporter sign a Formal Complaint and request to proceed with the Formal Grievance process, the Title IX Coordinator (or designee) will notify the respondent of the allegations against them in writing. e Title IX Coordinator will then assign one or more trained investigator(s) to the case who will follow the proper investigative protocols/procedures. e designated investigator(s) will coordinate meetings with the reporter, respondent, and any other relevant individuals, including fact and expert witnesses, in a reasonably prompt timeframe. Both parties will be interviewed and asked to share any information they have regarding the incident, as well as all relevant documentation (i.e., text messages, emails, photographs, other documents, etc.), and identify any witnesses who may provide information pertinent to the allegations in the Formal Complaint. Investigator(s) will also interview relevant witnesses identified by the parties and/or the college. Following the interview(s) with each party and any identified witness(es), each will be provided a draft summary of their own statement or key relevant information therefrom so that they have the opportunity to comment on the summary and ensure its accuracy and completeness. Once the investigator(s) has completed interviews and the gathering of evidence, all evidence directly related to the allegations in the Formal Complaint obtained as part of the investigation will be shared with the parties electronically for their review and comment through a preliminary investigation report and separate directly related evidence document. e preliminary report, prepared by the investigator(s) will include, as applicable, the reporter's statement, the respondent's statement, each witness' statement and a summary of any other information the investigator(s) in their discretion deems relevant. e parties and their respective advisor will have 10 calendar days to inspect and review the evidence and submit a written response via email to the investigator(s). Following the 10-day review period, investigator(s) will then shift evidence between the investigation report and directly related evidence document at their discretion based on party feedback, undertake any additional investigative steps as needed (as determined by the investigator(s)) and issue a final investigation report. e final investigation report will fairly summarize all relevant information received throughout the investigation, such as interview summaries, witness statements, supplemental media, and include both inculpatory and exculpatory evidence. e parties will have another 10 calendar days to inspect and review the final investigative materials and submit a written response to the investigator(s). In the event that the Formal Complaint is not dismissed in full pursuant to the Dismissal of a Formal Complaint section of the Policy, the case will move to a formal administrative hearing. A formal administrative hearing is an opportunity to gather and evaluate relevant information to determine whether the respondent's actions violated provisions of college Policy, and afford all parties due process protections, including the right to present evidence and witnesses at a live hearing before an impartial decision maker. Specifically, the reporter and respondent will each be given the opportunity to provide opening statements and once the hearing administrator has concluded asking all relevant questions, each party's advisor is permitted to ask the other party and any witnesses

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