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The College’s Annual Security and Fire Safety Report 2022

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18 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2022 • 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. • 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 Student Conduct Code and/or the Sexual Harassment, Misconduct, & Discrimination Policy. • e reporter and respondent must agree to all recommendations outlined in the formal agreement or the matter may be referred to the Title IX Coordinator for further action. • Information documented during this process may be subpoenaed if a criminal investigation is initiated. • Participation in this process does not constitute a responsible finding of a Policy violation and therefore is not reflected on the respondent's disciplinary record. • If the respondent is documented and found in violation of any Policy violations in the future, an Alternative Resolution Agreement can be used in the sanctioning phase of that process. • e college reserves the right to suspend or terminate the Alternative Resolution Process and revert back to an investigation at any time. • e respondent may be charged with Compliance with Directives, part b. under the Sexual Harassment, Misconduct, & Discrimination Policy for failure to meet the requirements laid out in an Alternative Resolution Agreement. Sample Restorative/Educational Activities. Possible options that students may incorporate into the Alternative Resolution Process, include but are not limited to: • Restorative Circle • Salient Analysis of Interpersonal Dynamics (SAID) Workshop • Reporter Impact Statement • Counseling Sessions • Alcohol Education Class(es) • Bi-weekly or monthly check in meetings with the Title IX Coordinator • Implementation of a No Contact Directive with the college • Restriction from participation in specific clubs and/or organizations • Restriction from participation in particular events (e.g., Senior Week) • Completion of a master education plan with regular meetings with a faculty or staff member of the college • Community Service Individuals going through any college resolution process, have the right to have an advisor of their choice present during any meeting or proceeding with college staff in relation to the alleged Prohibited Conduct. However, advisors may not represent the party or actively participate in any college-related disciplinary proceeding or meeting, with the exception of conducting cross-examination on behalf of a party during a formal administrative hearing. e Title IX Coordinator, investigator(s), and the designated hearing administrator may also have an advisor present at their discretion. any relevant questions and follow-up questions, including those challenging credibility, subject to the hearing administrator's control and rules regarding relevance. Following closing statements from each party, the hearing will adjourn and the hearing administrator will objectively evaluate all relevant evidence (both inculpatory and exculpatory) to make an independent determination of responsibility. e hearing administrator's determination shall be made on the preponderance of evidence standard, which uses the basis of whether it is more likely than not that the respondent engaged in Prohibited Conduct, and therefore violated terms outlined within the Sexual Harassment, Misconduct, & Discrimination Policy and/or the Student Conduct Code. If the hearing administrator determines the respondent to be in violation of college Policy, they will ask the reporter to submit an impact statement, the respondent to submit character references or statements, and both parties to offer recommendations for sanctioning. e respondent's previous conduct history will also be reviewed. After reviewing this information, the hearing administrator will determine appropriate sanctions for the respondent based on the facts of the case as well as all mitigating and aggravating information, and appropriate remedies for the reporter. Both parties will simultaneously receive the written hearing decision letter, which includes: a) A description of the procedural steps taken from the receipt of the Formal Complaint through the determination; b) Findings of fact supporting the determination; c) Conclusions regarding the application of the college's relevant policies to the facts; d) A statement of, and rationale for, the result as to each allegation, including: any disciplinary sanctions the college imposes on the respondent; and whether remedies designed to restore or preserve equal access to the college's education program or activity will be provided by the college to the reporter; and e) Information regarding the appeal process, including permissible grounds for appeal. Alternative Resolution Process. e Alternative Resolution is a voluntary process within the college's Sexual Harassment, Misconduct, & Discrimination Policy that allows a respondent in a Prohibited Conduct case to accept responsibility for their behavior and/or potential harm. By fully participating in this process the respondent will not be charged with a violation of college Policy. 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 and respondent while still maintaining the safety of the overall Campus Community. Restorative processes encompass 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. e Alternative Resolution Process will only be used at the reporter's request after the submission of a Formal Complaint, upon the agree- ment of both the reporter and respondent, and under the direction of the Office of Title IX & Sexual Misconduct. A request to utilize the Alternative Resolution Process can be made at any time during an investigation prior to a scheduled formal hearing, however, this pro- cess may not be an appropriate mechanism to resolve all allegations. In order for the Alternative Resolution Process to be an appropriate resolution option, both parties must have an understanding of and agree on the necessary elements of the process. Both the reporter and respondent will have to agree to the following terms should they wish to participate in the Alternative Resolution Process:

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