The Clerc Center Title IX and Sexual Harassment

Introduction 

The Clerc Center is committed to providing an environment, as well as other benefits, programs, and activities, free from sexual harassment and retaliation. To ensure compliance with federal and D.C. civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, the Clerc Center has developed internal policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of sexual harassment or retaliation. The Clerc Center values and upholds the equal dignity of all members of its community and strives to respect the rights of the parties in the grievance process during what is often a difficult time for all those involved. 

This policy is intended to guide individuals that may have experienced sexual harassment by Clerc Center students. The Clerc Center strictly prohibits retaliatory discrimination or harassment against any person(s) for reporting an incident of sexual harassment or for participating or refusing to participate, in any manner, in procedures to redress complaints related to a report of sexual harassment. 

All members of the campus community are expected to conduct themselves in a manner that demonstrates respect for the rights of others. Creating a safe and non-discriminatory educational environment is the responsibility of all members of the Clerc Center community. 

Scope 

The core purpose of this policy is to prohibit sexual harassment and retaliation. When an alleged violation of this policy is reported, the allegations are subject to resolution using the process as detailed below. 

This policy pertains to acts of prohibited conduct committed by Clerc Center students on Clerc Center property (i.e. on campus) or other property owned by Clerc Center, or at Clerc Center sanctioned events or programs that take place off campus or occuring in the context of a Clerc Center education program or activity, including to when Clerc Center students are under the care of the Clerc Center and/or online or social media conduct that may affect the educational experience. When the Respondent (the accused) is a Clerc Center student, a grievance process may be available to the Complainant, who may or may not be a Clerc Center student. If a certain incident does not fall under the scope of this policy, other policies may apply, such as Gallaudet University’s Title IX Policy (when the Respondent is not a Clerc Center student but otherwise a member of the University community) or the Clerc Center Student Code of Conduct (KDES Handbook) (MSSD Handbook). 

The procedures below may be applied to incidents, to patterns, and/or to the school climate, all of which may be addressed and investigated in accordance with this policy.

Note 

This policy applies to incidents involving a Clerc Center student as the Respondent only. In cases where an employee is involved, the students should follow the Gallaudet Title IX Sexual Harassment Policy for further guidance or immediately contact Bo Acton at 202.250.2798, (VP) Click to reveal email

Deputy Title IX Coordinator 

The Clerc Center Deputy Title IX Coordinator oversees the implementation of this policy. The Deputy Title IX Coordinator has the primary responsibility for coordinating the Clerc Center efforts related to the intake, investigation, and resolution of notices and complaints of sexual harassment and retaliation prohibited under this policy and for the implementation of supportive measures to stop, remediate, and prevent sexual harassment and retaliation. 

Administrative Contact Information 

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, may be made internally to: 

Individual with Oversight for Sex Discrimination 

Jesús M Remigio, Psy.D., 

Pronouns: él/he/him https://pronouns.org/ 

Director of Equal Opportunity Programs, Division of Equity, Diversity, and Inclusive Excellence (DEDI) 

Hall Memorial Building (HMB) S141B 

Washington, DC 20002 

Phone: (202) 651-5639 (Zoom) 

Phone: (771) 208-4245 (VP) 

Click to reveal email 

Reporting Email: Click to reveal email 

 

Clerc Center Title IX Team members: 

Bo Acton 

Title IX Investigator for Clerc Center 

KDES, Room 3202 

Gallaudet University 

800 Florida Avenue, NE 

Washington, DC 20002 

(202) 250-2798 (videophone) 

Email: Click to reveal email 

Inquiries may be made externally to: 

A person may also file a complaint with the appropriate federal, state, or local agency within the time frame required by law. Depending upon the nature of the complaint, the appropriate agency may be the federal Equal Employment Opportunity Commission (EEOC), Office for Civil Rights (OCR) of the U.S. Department of Education, the Department of Justice, and/or the Washington, D.C. Office of Human Rights. 

Washington, D.C.’s Office of Human Rights 

https://ohr.dc.gov/service/file-discrimination-complaint 

OCR District/Field Office 

Office for Civil Rights (OCR) 

U.S. Department of Education 

400 Maryland Avenue, SW 

Washington, D.C. 20202-1100 

Customer Service Hotline #: (800) 421-3481 

Facsimile: (202) 453-6012 

Email: OCR@ed.gov 

Web: http://www.ed.gov/ocr 

Assistant Secretary for Civil Rights 

Office for Civil Rights, National Headquarters 

U.S. Department of Education 

Lyndon Baines Johnson Dept. of Education Building 

400 Maryland Avenue, SW 

Washington, DC 20202-1100 

Telephone: 800-421-3481 

Fax: 202-453-6012; 

Email: OCR@ed.gov 

For complaints involving employees: Equal Employment Opportunity Commission (EEOC) 

Washington Field Office 

131 M Street, NE 

Fourth Floor, Suite 4NW02F 

 

Washington, DC. 20407-0100 

Phone: 1-800-669-4000 

FAX: 202-419-0739 

ASL Video Phone: 844-234-5122 

Notice/Complaints of Sexual Harassment and/or Retaliation 

Notice or complaints of sexual harassment and/or retaliation may be made by filing a complaint with, or giving verbal notice to school administrators, school-based staff members, the Deputy Title IX Coordinator or any other internal administrative Clerc Center official as listed above. Such a report may be made at any time (including during non-business hours) by using the telephone/VP number or email address, listed for the Deputy Title IX Coordinator or any other Clerc Center official listed. 

A Formal Complaint means a document submitted or signed by the Complainant or signed by the Deputy Title IX Coordinator alleging sexual harassment as defined in this Policy and requesting that the Clerc Center investigate the allegation(s). 

A Formal Complaint may be sent by electronic mail, by using the contact information for the Deputy Title IX Coordinator or other Clerc Center officials in the section immediately above. The Complaint must contain the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the complaint, and request the Clerc Center investigate the allegations. 

If notice is submitted in a form that does not meet this standard, the Deputy Title IX Coordinator will contact the Complainant to determine whether the Complainant intended to file a Formal Complaint and if so, ensure that a Formal Complaint is filed correctly. 

Supportive Measures 

The Clerc Center will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sexual harassment and/or retaliation. 

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties. Supportive measures are designed to restore or preserve access to the Clerc Center’s education program or activity, including measures designed to protect the safety of all parties and the Clerc Center’s educational environment, and/or deter sexual harassment and/or retaliation. 

The Deputy Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the Clerc Center will inform the Complainant, in writing, that they may file a formal complaint with the Clerc Center either at that time or in the future, if they have not done so already. 

The Deputy Title IX Coordinator works with the Complainant and/or their parent/guardian, to ensure that their wishes are considered with respect to the supportive measures that are planned and implemented. 

The Clerc Center will maintain the privacy of the supportive measures so long as the privacy does not impair the Clerc Center’s ability to provide the supportive measures. The Clerc Center will reduce the academic/occupational impact on the parties as much as possible. The Clerc Center will implement measures in a way that does not unreasonably burden the other party. 

These actions may include, but are not limited to: 

• Referral to counseling, medical, and/or other healthcare services 
• Referral to community-based service providers 
• Education to the school community or community subgroup(s) 
• Altering school housing assignment 
• Safety planning 
• Providing school safety escorts 
• Providing transportation accommodations 
• Implementing contact limitations (no contact orders) between the parties 
• Academic support, extensions of deadlines, or other course/program-related adjustments 
• Campus Access Restriction (CAR) 
• Emergency warnings 
• Class schedule modifications, withdrawals, or leaves of absence 
• Increased security and monitoring of certain areas of the school 
• Any other actions deemed appropriate by the Deputy Title IX Coordinator 

Violations of no contact orders will be referred to the appropriate student or employee conduct processes for enforcement. 

Emergency Removal 

The Clerc Center can act to remove a student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This includes any restrictions that a student life or athletic administrator may place on after-school students, including student-athletes. 

This risk analysis is performed by the Deputy Title IX Coordinator or his/her designee in conjunction with the student support review team using its standard objective violence risk assessment procedures. When an emergency removal involves a student with a disability who is receiving services under an Individualized Education Program (IEP), this risk analysis will also be performed in conjunction with the student’s IEP Team and may present the need for a manifestation determination meeting. 

In all cases in which an emergency removal is imposed, the student Respondent and parent/guardianwill be given notice of the action and the option to request to meet with the Deputy Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to demonstrate why the action/removal should not be implemented or should 

be modified. 

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. The student Respondent may be accompanied by an Advisor of their choice during the meeting. The student Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation. The Complainant and their Advisor may be permitted to participate in this meeting if the Deputy Title IX Coordinator determines it is equitable to do so. 

When this meeting with the Deputy Title IX Coordinator is not requested in a timely manner, objections to the emergency removal will be deemed waived, except as below. 

If it is determined that an emergency removal is necessary for more than ten (10) school days, that would constitute a change in placement for students with a disability who is receiving services under an IEP; a Manifestation Determination Review will be called and would be addressed in accordance with the requirements of the Individuals with Disabilities Education Act (IDEA). 

There is no appeal process for emergency removal decisions.

The Deputy Title IX Coordinator and school administrators have the discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion. 

The Clerc Center will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Deputy Title IX Coordinator, these actions could include, but are not limited to: removing a student from housing facilities, restricting a student’s access to or use of facilities or equipment, changing transportation arrangements, and suspending a student’s participation in extracurricular activities, student organizational leadership, or athletics. 

At the discretion of the Deputy Title IX Coordinator and school administrators, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties. 

Promptness 

All allegations, whether by notice or formal complaint, are acted upon promptly. Complaints can take 30-60 business days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the Clerc Center will avoid all undue delays within its control. 

The results of the manifestation determination can be appealed in accordance with the requirements under the IDEA. 

Any time the general timeframes for resolution outlined in the Clerc Center procedures will be delayed, the Clerc Center will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay. 

Privacy 

Every effort is made by the Clerc Center to preserve the privacy of reports. Title IX regulations and this Policy require that to proceed with a Formal Complaint a Complainant must identify themselves and the Respondent by name; accordingly, for those filing Formal Complaints, the Complainant’s identity must be provided to the Respondent. 

When the Respondent is not a Clerc Center Student 

The Respondent must be a student in order for the Clerc Center Title IX Policy to apply. 

If the Respondent is unknown or is not a student of the Clerc Center, the Deputy Title IX Coordinator will assist the Complainant in identifying appropriate Gallaudet University/Clerc Center and local resources and support options. In these instances, supportive measures, remedies, and resources may be accessible to the Complainant. The Deputy Title IX Coordinator will also assist the Complainant in contacting local law enforcement if the individual would like to file a police report. 

In addition, the Clerc Center may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from the Clerc Center property and/or events. 

Time Limits on Reporting 

There is no time limitation on providing notice/complaints to the Deputy Title IX Coordinator. However, if the Respondent is no longer subject to the Clerc Center’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible. 

Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Deputy Title IX Coordinator, who may document allegations for future reference, offer supportive measures, and/or remedies, and/or engage in informal or formal action, as appropriate. 

Notice on Non-discrimination 

It is the policy of Gallaudet University and the Clerc Center to provide an educational and working environment that provides equal opportunity to all students. Any student, applicant for admission or employment, or other participant in the Clerc Center programs or activities, who believes that they have been discriminated against on the basis of race, color, sex (including sexual harassment), religion, national origin, sexual orientation, gender identity and/or gender expression, age, disability, veteran status or other items listed in the D.C. Human Rights Act may direct complaints of discrimination and harassment to the Director of the Office of Equal Opportunity Programs (EOP). 

Definition of Sexual Harassment 

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the District of Columbia regard sexual harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice. As a result of the U.S. Department of Education’s Final Rule under Title IX of the Education Amendments of 1972 effective on August 14, 2020, the Clerc Center must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a Decision-Maker through the Title IX Sexual Harassment Policy defined below. 

The Clerc Center remains committed to addressing any violations of its policies, even those not meeting the standards for Title IX sexual harassment defined under the Title IX Final Rule. 

Specifically, the Clerc Center has a Code of Conduct (KDES Handbook) (MSSD Handbook), that defines certain behavior as a violation of campus policy that addresses the types of sex-based offenses constituting a violation of campus policy, and the procedures for investigating and adjudicating those sex-based offenses. 

To the extent that alleged misconduct falls outside the Title IX Sexual Harassment Policy, or misconduct falling outside the Title IX Sexual Harassment Policy is discovered in the course of investigating covered Title IX misconduct, the Clerc Center retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Code of Conduct. 

Any conduct on the basis of sex that meets the following definition may be considered sexual harassment in violation of Title IX, and will be addressed using the appropriate Title IX procedures. 

Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved. 

Sexual Harassment, as an umbrella category, includes the actual or attempted offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as conduct on the basis of sex that satisfies one or more of the following: 

1) Quid Pro Quo: 

a. an employee of Gallaudet University/Clerc Center, 

b. conditions the provision of an aid, benefit, or service of Gallaudet 

University/Clerc Center, 

c. on an individual’s participation in unwelcome sexual conduct. 

2) Sexual Harassment: 

a. unwelcome conduct, 

b. determined by a reasonable person, 

c. to be so severe, and 

d. pervasive, and, 

e. objectively offensive, 

f. that it effectively denies a person equal access to the University or Clerc Center’s education program or activity. 

3) Sexual assault, defined as: 

a) Sex Offenses, Forcible: 

i) Any sexual act* directed against another person; and 

ii) without the consent of the Complainant, 

iii) including instances in which the Complainant is incapable of giving consent. *Sexual acts include: 

Rape: 

○ 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 Complainant. 

Sodomy: 

○ Oral or anal sexual intercourse with another person, 

○ forcibly, 

○ and/or against that person’s will (non-consensually), or 

○ not forcibly or against the person’s will in instances in which the 

Complainant is incapable of giving consent because of age# or 

because of temporary or permanent mental or physical incapacity. 

Sexual Assault with an Object: 

○ The use of an object or instrument to penetrate, 

○ however slightly, 

○ the genital or anal opening of the body of another person, 

○ forcibly, 

○ and/or against that person’s will (non-consensually), 

○ or not forcibly or against the person’s will in instances in which the 

Complainant is incapable of giving consent because of age or because 

of temporary or permanent mental or physical incapacity. 

Fondling: 

○ The touching of the private body parts of another person (buttocks, 

groin, breasts), 

○ for the purpose of sexual gratification, 

○ forcibly, 

○ and/or against that person’s will (non-consensually), 

○ or not forcibly or against the person’s will in instances in which the 

Complainant is incapable of giving consent because of age or because 

of temporary or permanent mental or physical incapacity. 

b) Sex Offenses, Non-forcible: 

Incest: 

○ Non-forcible sexual intercourse, 

○ between persons who are related to each other, 

○ within the degrees wherein marriage is prohibited by District of 

Columbia law. 

Statutory Rape: 

○ Non-forcible sexual intercourse, 

○ with a person who is under the statutory age of consent of 16. 

4) Dating Violence, defined as: 

a. violence, 

b. on the basis of sex, 

c. committed by a person, 

d. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. 

i. The existence of such a relationship shall be determined based on the Complainant’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— 

ii. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. 

iii. Dating violence does not include acts covered under the definition of domestic violence. 

5) Domestic Violence*, defined as: 

a. violence, 

b. on the basis of sex, 

c. committed by a current or former spouse or intimate partner of the Complainant, d. by a person with whom the Complainant shares a child in common, or e. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or 

f. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws (intrafamily offenses) of the District of Columbia, or 

g. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws (intrafamily offenses) of the District of Columbia. 

*To categorize an incident as domestic violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship. 

6) Stalking, defined as: 

a. engaging in a course of conduct, 

b. on the basis of sex, 

c. directed at a specific person, that 

i. would cause a reasonable person to fear for the person’s safety, or 

ii. the safety of others; or 

iii. Suffer substantial emotional distress. 

For the purposes of this definition— 

1. Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent 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. 

2. Reasonable person means a reasonable person under similar 

circumstances and with similar identities to the Complainant. 

3. Substantial emotional distress means significant mental suffering or 

anguish that may but does not necessarily require medical or other 

professional treatment or counseling. 

Force, Coercion, Consent, and Incapacitation 

As used in the offenses above, the following definitions and understandings apply: 

Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”). 

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent. 

Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. 

Consent is: 

● knowing, and 

● voluntary, and 

● clear permission 

● by word or action 

● to engage in sexual activity. 

Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity. 

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged. 

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back. 

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should stop within a reasonable time. 

Consent to some sexual contact (such as kissing or fondling) does not imply there is consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. 

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on the Clerc Center to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable sober person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced. 

Incapacitation: A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent. 

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment. 

Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). 

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. 

This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs. 

Age of Consent 

Specifically, in the District of Columbia, the age of consent for sex is 16 years old. The exception to the age of consent law is if the individuals involved in sexual activity are both minors (younger than 18 years old) and close in age (less than four years apart). While the Clerc Center is in session or while Clerc Center students are under the care of the Clerc Center, all types of sexual activity involving students, on or off campus, are prohibited. The Clerc Center students who engage in sexual activity receive consequences outlined in their school Parent-Student Handbook. Consequences differ for sexual activity determined to be consensual than for sexual activity determined to be nonconsensual. A student who engages in sexual activity that violates the District of Columbia age of consent law and/or without the effective consent of the other individual is committing a crime and may be prosecuted. 

Standard of Proof 

The standard of proof used to make an outcome determination about facts that are in dispute in all cases and appeals under the purview of this policy is a preponderance of the evidence, which is based upon whether it is more likely than not a violation occurred. 

Retaliation 

Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy. 

Acts of alleged retaliation should be reported immediately to the Deputy Title IX Coordinator and will be promptly investigated. The Clerc Center will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation. 

The Clerc Center and any member of the Clerc Center’s community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or 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, and proceeding under this policy and procedure. 

Filing a complaint under another Clerc Center policy could be considered retaliatory if the alleged conduct could be in violation of this Policy, when the charges are made for the purpose of interfering with or circumventing any right or privilege provided under this Policy that is not provided under the other Clerc Center policy that was used. Therefore, the Clerc Center vets all complaints carefully to ensure this does not happen and to assure that complaints are tracked to the appropriate process. 

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith. 

Mandated Reporting 

All the Clerc Center employees (teachers, staff, and administrators) are required to report actual or suspected quid pro quo, sexual harassment, sexual assault, dating violence, domestic violence, stalking, or retaliation occurring within the Clerc Center educational programs or activities or on the Clerc Center property to appropriate officials immediately. This includes employees who might otherwise be considered confidential resources such as counseling or other support services. 

In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting resources outside of Clerc Center. Some resources may maintain confidentiality and are not required to report actual or suspected sexual harassment or 

retaliation. They may offer options and resources without any obligation to inform an outside agency or school official unless a Complainant has requested the information be shared. 

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Deputy Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them. 

The following sections describe the reporting options at the Clerc Center for a Complainant or third-party (including parents/guardians when appropriate): 

a. Confidential Resources 

Because all Clerc Center employees are required to report actual or suspected sexual harassment or retaliation, any such information a Complainant shares with any the Clerc Center employee cannot remain confidential. 

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with a non-Gallaudet University individual. Following are some confidential community-based resources: 

Student Health Service, Peter J. Fine Health Center, (202) 651-5090 (V), Click to reveal email. During hours of operation, Student Health Service (SHS) provides confidential first aid and referral services for students who experienced sexual harassment. SHS also screens and treats sexually transmitted infections (STIs) and provides appropriate follow-up care. 

All of the above-listed individuals are not the Clerc Center employees and may maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order. 

b. Mandated Reporters and Formal Notice/Complaints 

All employees of the Clerc Center are Mandated Reporters and must promptly share with the Deputy Title IX Coordinator all known details of a report made to them in the course of their employment. 

Employees must also promptly share all details of behaviors falling under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party. 

Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Deputy Title IX Coordinator. 

Failure of a Mandated Reporter to report an incident of sexual harassment or retaliation of which they become aware is a violation of the Clerc Center policy and can be subject to disciplinary action unless the Mandated Reporter is the target of the harassment or alleged misconduct. Any Mandated Reporter who is a target of harassment or other misconduct under this Policy is strongly encouraged to report their own experience so that behavior may be investigated and supportive measures may be provided as appropriate. 

When a Mandated Reporter is engaged in harassment or other violations of this Policy, they still have a duty to report their own misconduct, though the Clerc Center is technically not on notice when a harasser is also a Mandated Reporter unless the harasser does in fact report themselves. 

When a Complainant Does Not Wish to Proceed 

If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal complaint to be pursued, they may make such a request to the Deputy Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the school and to comply with state or federal law. 

The Deputy Title IX Coordinator in consultation with Gallaudet University Title IX Coordinator and Gallaudet General Counsel have ultimate discretion over whether the Clerc Center proceeds when the Complainant does not wish to do so, and the Deputy Title IX Coordinator may sign a formal complaint to initiate a grievance process. 

A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. The Clerc Center may be compelled to act on signed formal complaints, alleged misconduct, and in particular, alleged employee misconduct, irrespective of a Complainant’s wishes. 

The Deputy Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and the Clerc Center’s ability to pursue a Formal Grievance Process fairly and effectively. 

When the Deputy Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to have experienced conduct that could constitute a violation of this policy. 

When the Clerc Center proceeds, the Complainant may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the student’s parent/guardian may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant, though this does not extend to the provision of evidence or testimony on behalf of the Complainant except in situations where a Complainant is unable to provide evidence or testimony without assistance (e.g. due to age, disability, etc.). 

Note that the Clerc Center’s ability to remedy and respond to notice may be limited if the Complainant does not want the Clerc Center to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the Clerc Center’s obligation to protect its community. 

In cases in which the Complainant requests no formal action and the circumstances allow the Clerc Center to honor that request, the Clerc Center will offer informal resolution options (see below), supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action. 

If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by the Clerc Center, and to have the incident investigated and properly resolved through these procedures. Please consider that delays may cause limitations on access to evidence, or present issues with respect to the status of the parties. 

Emergency Notifications 

The Clerc Center may issue emergency notifications for incidents that are reported and pose a serious or continuing threat of bodily harm or danger to members of the school community. 

The Clerc Center will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger. 

These notifications may be issued Clerc Center-wide or may be limited to those members of the community who are potentially impacted. The Deputy Title IX Coordinator will work in conjunction with the appropriate Gallaudet University/Clerc Center officials in determining the scope and content of the notification that may be issued. 

False Allegations and Evidence 

Deliberately false and/or malicious accusations under this policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination. 

Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under the Code of Conduct. 

Amnesty for Complainants and Witnesses 

The Clerc Center community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to the Clerc Center officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons. 

It is in the best interests of the Clerc Center community that Complainants choose to report misconduct to the Clerc Center officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process. 

To encourage reporting and participation in the process, the Clerc Center maintains a policy of offering parties and witnesses amnesty from minor policy violations related to the incident. 

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to Respondent with respect to a Complainant. 

In determining whether to offer amnesty, the Deputy Title IX Coordinator and school administrators will consider factors such as: the nature and severity of the policy violation; the age of the individual; the impact on the health and safety of the individual and the school community; and the best interests of the school community. 

Students: Sometimes, students are hesitant to assist others for fear that they may get in trouble themselves (for example, an underage student who has been drinking or using marijuana might hesitate to help take an individual who has experienced sexual assault to seek assistance). 

The Clerc Center maintains a policy of supportive measures for students who offer help to others in need. Although policy violations cannot be overlooked, the Clerc Center may provide purely educational options with no official disciplinary finding, rather than punitive sanctions. 

RESOLUTION PROCESS FOR ALLEGED VIOLATIONS OF THE POLICY ON SEXUAL HARASSMENT OVERVIEW 

The Clerc Center will act on any formal or informal notice/complaint of violation of the Policy that is received by the Deputy Title IX Coordinator or any other employee by applying these procedures. 

The procedures below apply only to qualifying allegations of sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) involving students as 

Respondents. 

If dismissal occurs under these procedures or the allegations fall outside of the jurisdiction of these procedures, as determined by the Deputy Title IX Coordinator, the applicable procedures under the appropriate Student Handbook will be used to resolve the complaint. 

The procedures below may be used to address collateral misconduct arising from the investigation of or occurring in conjunction with reported misconduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by the Policy will be addressed through procedures described in the appropriate Clerc Center Student Handbook. 

Notice/Complaint 

Upon receiving a complaint or notice, the Deputy Title IX Coordinator initiates a prompt initial assessment. The Deputy Title IX Coordinator will initiate at least one of three responses: 

1) Offering and/or implementing supportive measures only because the Complainant does not want to file a formal complaint; 

2) An informal resolution (upon submission of a formal complaint); and/or 

3) A Formal Grievance Process including an investigation and a determination of whether policy was violated (upon submission of a formal complaint). 

The Clerc Center uses the Formal Grievance Process to determine whether or not the Policy has been violated. Upon a finding of a Policy violation, the Clerc Center will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to sexual harassment or retaliation, their potential recurrence, or their effects. 

Initial Assessment 

The Deputy Title IX Coordinator’s initial assessment typically occurs within one to five business days. The steps in an initial assessment can include: 

● If notice is given, the Deputy Title IX Coordinator seeks to determine if the person impacted wishes to make a formal complaint, and will assist them to do so, if desired. o If not, the Deputy Title IX Coordinator determines whether to initiate a formal complaint because a violence risk assessment indicates a compelling threat to health and/or safety. 

● The Deputy Title IX Coordinator reaches out to the Complainant to offer supportive measures. If a formal complaint is received, the Deputy Title IX Coordinator assesses its sufficiency and works with the Complainant to make sure it is correctly completed. 

● If a formal complaint is received, the Deputy Title IX Coordinator works with the Complainant to ensure they are aware of the right to have an Advisor. 

● If a formal complaint is received, the Deputy Title IX Coordinator works with the Complainant to determine whether the Complainant prefers a supportive and remedial response, an informal resolution option, or a formal investigation and grievance process. 

The Deputy Title IX Coordinator will also consider the capacity of parties to understand the process and fully participate in the process. 

o If a supportive and remedial response is preferred, the Deputy Title IX Coordinator works with the Complainant to identify their wishes, assesses the request, and implements accordingly. No Formal Grievance Process is initiated, though the Complainant can elect to initiate one later if desired. 

o If an informal resolution option is preferred, the Deputy Title IX Coordinator assesses whether the complaint alleges misconduct that falls within the scope of Title IX, whether the complaint is suitable for informal resolution, which informal mechanism may serve the situation best or is available and then may seek to determine if the Respondent is also willing to engage in informal resolution. A formal complaint must still be signed. 

o If a Formal Grievance Process is preferred, the Deputy Title IX Coordinator determines if the misconduct alleged falls within the scope of Title IX: 

▪ If it does, the Deputy Title IX Coordinator will initiate the formal 

investigation and grievance process, directing the investigation to address: 

▪ an incident, and/or 

▪ a pattern of alleged misconduct, and/or 

▪ a culture/climate concern, based on the nature of the complaint. 

▪ If it does not, the Deputy Title IX Coordinator determines that Title IX does not apply (and will “dismiss” that aspect of the complaint, if any), assesses which policies may apply; in other words, which resolution process is applicable, and will refer the matter accordingly. Please note that dismissing a complaint under Title IX is solely a procedural requirement under Title IX and does not limit the Clerc Center’s authority to address a complaint with an appropriate process and remedies. 

Violence Risk Assessment 

The Deputy Title IX Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by the student support review team as part of the initial assessment. A VRA can aid in critical and/or required determinations, including: 

● Emergency removal of a student Respondent on the basis of immediate threat to physical health/safety; 

● Whether the Deputy Title IX Coordinator should pursue/sign a formal complaint absent a willing/able Complainant; 

● Whether the investigation should focus on the incident alone and/or assess pattern and/or climate; 

● To help identify potential predatory conduct; 

● To help assess/identify grooming behaviors; 

● Whether it is reasonable to try to resolve a complaint through informal resolution;

● Assessment of appropriate sanctions/remedies (to be applied post-decision); and/or

● Whether a Timely Warning/Trespass order/Persona non grata is needed. 

Threat assessment evaluates the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat. A VRA is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditional, or direct threat. 

VRAs require specific training and are typically conducted by psychologists, counselors, social workers, case managers, student support specialists, or other student support review team members. 

A VRA authorized by the Deputy Title IX Coordinator should occur in collaboration with the student support review team or threat assessment team. In cases where the Respondent is a student with a disability who is receiving services under an Individualized Educational Plan (IEP), a VRA should also 

occur in collaboration with the student’s IEP Team. Where a VRA is required by the Deputy Title IX Coordinator, a Respondent refusing to cooperate may result in a charge of failure to comply within the appropriate student conduct process. 

A VRA is not an evaluation for an involuntary behavioral health hospitalization, nor is it a psychological or mental health assessment. A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources, and psychology. 

Dismissal (Mandatory and Discretionary) 

The Clerc Center must dismiss a formal complaint or any allegations therein if, at any time during the investigation or meeting with the Decision-maker, it is determined that: 

1) The conduct alleged in the formal complaint would not constitute sexual harassment as defined above, even if proved; and/or 

2) The conduct did not occur in an educational program or activity controlled by the Clerc Center and/or the Clerc Center does not have control of the Respondent; and/or 

3) The conduct did not occur against a person in the United States; and/or 

4) At the time of filing a formal complaint, a complainant is not participating in or attempting to participate in the education program or activity of the Clerc Center. 

The Clerc Center may dismiss a formal complaint or any allegations therein if, at any time during the investigation or meeting with the Decision-maker: 

1) A Complainant notifies the Deputy Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint in whole or in part; or 

2) The Respondent is no longer enrolled at the Clerc Center; or 

3) Specific circumstances prevent the Clerc Center from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. 

Upon any dismissal, the Deputy Title IX Coordinator at the Clerc Center will promptly send written notice of the dismissal under Title IX and the rationale for doing so simultaneously to the parties. The notice will also inform the parties as to whether the dismissed allegations will be addressed under the Code of Conduct and the appropriate Student Handbook. 

This dismissal decision is appealable by any party under the procedures for appeal below. A Complainant who asks to withdraw a complaint may later request to reinstate it or refile it. 

Counterclaims 

The Clerc Center is obligated to ensure that the grievance process is not abused for retaliatory purposes. The Clerc Center permits the filing of counterclaims but uses an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith. Counterclaims by a Respondent may be made in good faith, but may possibly, also be made for purposes of retaliation. Counterclaims made with retaliatory intent will not be permitted. 

Counterclaims determined to have been reported in good faith will be processed using the grievance procedures described in this Policy. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur. 

Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the Deputy Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this policy. 

Right to an Advisor 

The parties may each have an Advisor of their choice present with them for all meetings, and interviews within the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available. For students, this Advisor can be someone in addition to their parent/guardian who may also be present with them for all meetings, and interviews within the resolution process. If the advisor for the Complainant or Respondent is an attorney, the Clerc Center will also have its own legal counsel in attendance. 

The Clerc Center cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the Clerc Center is not obligated to provide an attorney. 

a. Who Can Serve as an Advisor 

The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. 

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-Maker. 

b. Advisor’s Role in Meetings and Interviews 

The parties may be accompanied by their Advisor in all meetings, and interviews at which the party is entitled to be present, including intake and investigation interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. 

All Advisors are subject to the same Clerc Center policies and procedures, whether they are attorneys or not. Advisors are expected to advise their advisees without disrupting proceedings or meetings. Advisors should not address the Clerc Center officials in a meeting or interview unless invited to (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or other Decision-Maker. 

The parties are expected to ask and respond to questions on their own behalf throughout the resolution process. In cases where a party requires assistance in asking and/or responding to questions on their own behalf (e.g. due to age or disability), the Advisor will be allowed to ask 

and/or respond to questions on behalf of their advisee, at the discretion of the Investigator(s) or Decision-Maker. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation. 

c. Pre-Interview Meetings 

Advisors may request to meet with the administrative officials conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and the Clerc Center’s policies and procedures. 

d. Advisor Violations of The Clerc Center Policy 

Any Advisor who oversteps their role as defined by this policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Deputy Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role. 

e. Sharing Information with the Advisor 

The parties may wish to have the Clerc Center share documentation and evidence related to the allegations with their Advisors. Parties may share this information directly with their Advisor or other individuals if they wish. Doing so may help the parties participate more meaningfully in the resolution process. 

The Clerc Center also provides a consent form that authorizes the Clerc Center to share such information directly with their Advisor. The parties must submit this completed form to the Deputy Title IX Coordinator or provide similar documentation demonstrating consent to a release of information to the Advisor before the Clerc Center is able to share records with an Advisor. 

If a party requests that all communication be made through their attorney Advisor, the Clerc Center will comply with that request at the discretion of the Deputy Title IX Coordinator. 

f. Privacy of Records Shared with Advisor 

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the Clerc Center, regardless of a party’s wishes. The Clerc Center may seek to restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the Clerc Center’s privacy expectations. 

g. Expectations of an Advisor 

The Clerc Center generally expects an Advisor to adjust their schedule to ensure attendance at The Clerc Center meetings when planned but may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay. 

The Clerc Center may also make reasonable provisions to allow an Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available. 

h. Expectations of the Parties with Respect to Advisors 

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) and Decision-Maker of the identity of their Advisor at least two (2) business days before the date of their first meeting with Investigators and Decision-makers (or as soon as possible if a more expeditious meeting is necessary or desired). 

The parties are expected to provide timely notice to the Deputy Title IX Coordinator if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor must be secured. 

Resolution Processes 

Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accordance with the Clerc Center policy. Although there is an expectation of privacy around what Investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose, with the exception of information the parties agree not to disclose related to Informal Resolution, discussed below. The Clerc Center encourages parties to discuss any sharing of information with their Advisors before doing so. 

a. Informal Resolution 

Informal Resolution can include three different approaches: 

● When the Deputy Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation. 

● When the parties agree to resolve the matter through an alternate resolution mechanism as described below, including negotiation through the Deputy Title IX coordinator, mediation, restorative practices, etc., usually before a formal investigation takes place; see discussion in b., below. 

● When the Respondent accepts responsibility for violating policy, and desires to accept a sanction and end the resolution process (similar to above, but usually occurs post-investigation); see discussion in c., below. 

A Complainant who wishes to resolve a matter through supportive measures only need not submit a formal complaint. To initiate an alternative dispute resolution, a Respondent who wishes to initiate either alternative dispute resolution or acceptance of responsibility for some or all conduct alleged should contact the Deputy Title IX Coordinator. 

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process. 

Prior to implementing alternative dispute resolution or acceptance of responsibility, the Clerc Center will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the Clerc Center. 

The Clerc Center will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution. 

b. Alternate Resolution Mechanism 

Alternate Resolution is an informal mechanism, including, but not limited to, mediation or restorative practices, by which the parties mutually agree to resolve an allegation. It may also consist of negotiation through the Deputy Title IX Coordinator. All parties must consent to the use of an Alternate Resolution mechanism. The Deputy Title IX Coordinator, with the consent of the parties, may negotiate and implement an agreement to resolve the allegations that satisfies all parties and the Clerc Center. 

The Deputy Title IX Coordinator may look to the following factors to assess whether Alternate Resolution is appropriate, or which form of Alternate Resolution may be most successful for the parties: 

● The parties’ preference for Alternate Resolution; 

● Likelihood of potential resolution, considering any power dynamics between the parties;

● The parties’ motivation to participate; 

● Civility of the parties; 

● Results of a violence risk assessment/ongoing risk analysis; 

● Disciplinary history; 

● Whether an emergency removal is needed; 

● Complaint complexity; 

● Capacity of parties to understand the process and fully participate in the process;

● Goals of the parties; 

● Adequate resources to invest in Alternate Resolution (time, staff, etc.) 

The ultimate determination of whether Alternate Resolution is available or successful is to be made by the Deputy Title IX Coordinator. The Deputy Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Informal Resolution or Alternate Resolution are not appealable. 

c. Respondent Accepts Responsibility for Alleged Violations 

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Deputy Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria above. If so, the Deputy Title IX Coordinator will determine whether all parties and the Clerc Center are able to agree on responsibility, sanctions, and/or remedies. If so, the Deputy Title IX Coordinator implements the accepted finding that the Respondent is in violation of the Clerc Center policy and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary. 

This result is not subject to appeal once all parties indicate their written assent to all agreed upon terms of resolution. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused. 

When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the sexual harassment or retaliation, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community. 

Formal Grievance Process: Notice of Investigation and Allegations 

The Deputy Title IX Coordinator will provide written notice of the investigation and allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who is to be given advance notice of when the NOIA will be delivered to the Respondent. 

The NOIA will include: 

● A meaningful summary of all of allegations, 

● The identity of the involved parties (if known), 

● The precise misconduct being alleged, 

● The date and location of the alleged incident(s) (if known), 

● The specific policies implicated, 

● A description of the applicable procedures, 

● A statement of the potential sanctions/responsive actions that could result,

● A statement that the Clerc Center presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination,

● A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity to inspect and review all directly related and/or relevant evidence obtained during the review and comment period, 

● A statement about the Clerc Center’s policy on retaliation, 

● Information about the privacy of the process, 

● Information on the option for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor, 

● A statement informing the parties that the Clerc Center’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process, 

● Detail on how the party may request disability accommodations during the resolution process, 

● The name(s) of the Investigator(s), along with a process to identify, in advance of the interview process, to the Deputy Title IX Coordinator any conflict of interest that the Investigator(s) may have, and 

● An instruction to preserve any evidence that is directly related to the allegations. 

Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of any allegations. 

Notice will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official Clerc Center records, or emailed to the parties’ the Clerc Center -issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. 

Resolution Timeline 

The Clerc Center will make a good faith effort to complete the resolution process within thirty to sixty (30-60) business days, including appeal. This time frame can be extended as necessary by the Deputy Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process. 

Appointment of Investigators 

Once the decision to commence a formal investigation is made, the Deputy Title IX Coordinator appoints one or more individuals to conduct the investigation within two (2) business days of determining that an investigation should proceed. 

Ensuring Impartiality 

Any individual materially involved in the administration of the resolution process including the Deputy Title IX Coordinator, Investigator(s), and Decision-Maker, may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent. 

The Deputy Title IX Coordinator will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Deputy Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another member will be assigned and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Deputy Title IX Coordinator, concerns should be raised with Chief Administrative Officer; Nicole Sutliffe; 

Nicole.Sutliffe@Gallaudet.Edu. 

The Formal Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy violation and evidence that supports that the Respondent did not engage in a policy violation. Credibility determinations 

may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. 

The Clerc Center presumes that the Respondent is not responsible for the reported misconduct unless and until a final determination is made that this Policy has been violated. 

Investigation Timeline 

Investigations are completed expeditiously, normally within thirty (30) business days, though some investigations may take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc. The Clerc Center will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate 

regularly with the parties to update them on the progress and timing of the investigation. Delays in the Investigation Process and Interactions with Law Enforcement 

The Clerc Center may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include but are not limited to a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions. 

The Clerc Center will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. The Clerc Center will promptly resume its investigation and resolution process as soon as feasible. During such a delay, the Clerc Center will implement supportive measures as deemed appropriate. 

The Clerc Center action(s) or processes may be delayed, but are not stopped by, civil or criminal 26

charges involving the underlying incident(s). Dismissal or reduction of those criminal charges may or may not impact on the Clerc Center’s action(s) or processes. 

Steps in the Investigation Process 

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary. 

All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record. 

The Investigator(s) typically take(s) the following steps, if not already completed (not necessarily in this order): 

● Assist the Deputy Title IX Coordinator, as requested, with conducting a prompt initial assessment to determine if the allegations indicate a potential policy violation

● Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties

● Meet with the Complainant to finalize their interview/statement, if necessary

● Prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA may be amended with any additional or dismissed allegations 

o Notice should inform the parties of their right to have the assistance of an Advisor of their choosing present for all meetings attended by the party 

o Notice should inform the parties of all of the specific policies implicated

● Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings 

● When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose 

● Interview all available, relevant witnesses and conduct follow-up interviews as necessary 

● Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of the other party and witnesses, and document in the investigation report which questions were asked, with a rationale for any changes or omissions 

● Complete the investigation promptly and without unreasonable deviation from the intended timeline 

● Inform the parties of any deviations from the intended timeline of the investigation

● Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) with a list of witnesses whose information will be used to render a finding 

● Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence. In this report, gather, assess, and synthesize evidence, but make no conclusions, engage in no policy analysis, and render no recommendations. Appendices including relevant physical or documentary evidence will be included 

● Prior to the conclusion of the investigation, provide the parties and their respective Advisors (when Advisors are identified) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which the Clerc Center does not intend to rely in reaching a determination, for a ten (10) business day review and comment period so that each party may meaningfully respond to the evidence. The parties may elect to waive the full ten days. 

● The Investigator(s) may elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses 

● The Investigator(s) will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator(s) should document all rationales for any changes made following the review and comment period 

● The Investigator(s) shares the report with the Deputy Title IX Coordinator

● The Investigator will incorporate any relevant feedback, and the final investigation report is then shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) business days prior to a meeting with the Decision-maker. The parties are also provided with a file of any directly related evidence that was not included in the report 

Role and Participation of Witnesses in the Investigation 

Witnesses (as distinguished from the parties) who are employees of the Clerc Center are expected to cooperate with and participate in the Clerc Center’s investigation and resolution process. Failure of such witnesses to cooperate with and/or participate in the investigation or resolution process constitutes a violation of policy and may warrant discipline. Student witnesses and witnesses from outside the school community are encouraged to share what they know about the complaint. 

Although in-person interviews for parties and all potential witnesses are ideal, circumstances (e.g., summer break, pandemic) may require individuals to be interviewed remotely. Skype, Zoom, FaceTime, WebEx, or similar technologies may be used for interviews if the Investigator(s) determine that timeliness or efficiency dictate a need for remote interviewing. The Clerc Center will take appropriate steps to reasonably ensure the security/privacy of remote interviews. 

Witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred. 

Recording of Interviews 

No unauthorized audio or video recording of any kind is permitted during investigation meetings. If Investigator(s) elect to audio and/or video record interviews, all involved parties must be made aware of and consent to audio and/or video recording. 

In the investigation process where there is a need to protect all parties in bilingualism translation errors, video recording may support the investigator’s ability to transcribe parties’ statements with more accuracy. Parties must review the transcript of the translations and approve the final interpretations. 

Evidentiary Considerations in the Investigation 

The investigation may consider: 1) incidents directly related to the possible violation; 2) incidents indirectly related to the possible violation if they evidence a pattern; and/or 3) the character of the parties. The investigation does not consider questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, 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, 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. 

Referral to a Decision-maker 

If the complaint is not resolved through Informal Resolution, and after the final investigation report is shared with the parties, the Deputy Title IX Coordinator will refer the matter to a Decision-maker to make a determination regarding responsibility. 

The Decision-maker cannot make a determination regarding responsibility prior to ten (10) business days from the conclusion of the investigation – when the final investigation report is transmitted to the parties and the Decision-maker–unless all parties and the Decision-maker agree to an expedited timeline. 

Decision-maker Designation 

The Clerc Center will designate a Decision-maker from the Clerc Center administrative team, at the discretion of the Deputy Title IX Coordinator, and inform the parties/advisors. 

The Decision-Maker will not have had any previous involvement with the investigation. Those who have served as Investigators in this investigation may not serve as Decision-makers. Those who are serving as Advisors for any party may not serve as Decision-makers in that matter. The Deputy Title IX Coordinator may not serve as a Decision-maker in the matter. 

All objections to any Decision-maker must be raised in writing, detailing the rationale for the objection, and must be submitted to the Deputy Title IX Coordinator no later than two (2) business days after being notified of the identity of the Decision-maker. Decision-makers will only be removed if the Deputy Title IX Coordinator concludes that their bias or conflict of interest precludes an impartial consideration of the evidence. 

The Deputy Title IX Coordinator will give the Decision-Maker a list of the names of all parties, witnesses, and Advisors. Any Decision-maker who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses, and Advisors. If a Decision-maker is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Deputy Title IX Coordinator as soon as possible. 

Evidentiary Consideration By the Decision-Maker 

Any evidence that the Decision-Maker determine(s) is relevant and credible may be considered. The Decision-maker may consider: 1) incidents directly related to the possible violation; 2) incidents directly related to the possible violation when they evidence a pattern; and/or 3) the character of the parties. The Decision-maker will not consider questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, 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, 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. 

Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility. This information is only considered at the sanction stage of the process and is not shared with the Decision-maker until then. 

The parties may each submit a written impact statement for the consideration of the Decision-Maker at the sanction stage of the process when a determination of responsibility is reached. 

Exchange of Questions 

The Decision-maker will facilitate the exchange of written questions between the parties and direct any written questions to any witnesses before a final determination is made. 

The Decision-maker will invite each party to submit proposed written questions for other parties/witnesses. Upon receipt of the proposed questions, the Decision-maker will review the proposed questions and determine which questions will be permitted, disallowed, or rephrased. The Decision-maker will limit or disallow questions on the basis that they are irrelevant, repetitive (and thus irrelevant), or abusive. The Decision-maker has full authority to decide all issues related to questioning and determinations of relevance. The Decision-maker may ask a party to explain why a question is or is not relevant from their perspective. The Decision-maker will explain any decision to exclude a question as not relevant, or to reframe it for relevance. 

The Decision-maker after any necessary consultation with the parties, Investigator(s) and/or Deputy Title IX Coordinator, will provide the parties and witnesses with the relevant written questions to be answered and allow for a period of time whereby the parties and witnesses are to submit written responses to the questions and any appropriate follow-up questions or comments by the parties. 

The exchange of questions and responses by the parties and witnesses will be concluded within three business days. 

Deliberation, Decision-making, and Standard of Proof 

The Decision-Maker will then deliberate to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. The preponderance of the evidence standard of proof is used. 

When there is a finding of responsibility on one or more of the allegations, the Decision-Maker may then consider the previously submitted party impact statements in determining appropriate sanction(s). 

The Decision-maker will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Decision-Maker may – at their discretion – consider the statements, but they are not binding. 

The Decision-Maker will review the statements and any pertinent conduct history provided by the appropriate administrator and will recommend the appropriate sanction(s) in consultation with other appropriate administrators, as required. 

The Decision-maker, who cannot be the same person as the Deputy Title IX Coordinator or the investigator(s), must issue a written determination regarding responsibility. The written determination must include— 

A. Identification of the allegations potentially constituting sexual harassment as defined the Title IX regulations; 

B. 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, site visits, methods used to gather other evidence, and hearings held; 

C. Findings of fact supporting the determination; 

D. Conclusions regarding the application of the Clerc Center Code of Conduct to the facts; 

E. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the Clerc Center imposes on the respondent, and whether remedies designed to restore or preserve equal access to the Clerc Center’s education program or activity will be provided by the Clerc Center to the complainant; 

F. The Clerc Center’s procedures and permissible bases for the complainant and respondent to appeal. 

The determination regarding responsibility becomes final either on the date that the Clerc Center provides the parties with the Notice of Outcome of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. The Deputy Title IX Coordinator is responsible for the effective implementation of any remedies. 

The written determination must be submitted to the Deputy Title IX Coordinator within two (2) 

business days after the Decision-maker holds their final meeting with the parties/witnesses or concludes the paper evidence exchange/questioning process, unless the Deputy Title IX Coordinator grants an extension. If an extension is granted, the Deputy Title IX Coordinator will notify the parties. 

Manifestation Determination Meeting 

In compliance with the Individuals with Disabilities Education Act (IDEA), the Clerc Center may hold a manifestation determination meeting with the Respondent’s IEP team if the Respondent is found responsible for a Title IX violation. The meeting may be conducted if there is reasonable cause or suspicion that the Respondent’s conduct was a manifestation of the student’s disability, and/or improper implementation of the IEP allowed the behavior to occur. A manifestation determination meeting will always be conducted if there is a recommendation of a suspension of 10 school days or longer, an expulsion, or another type of change of placement exceeding 10 school days. 

Notice of Outcome 

Using the deliberation statement, the Decision-maker will work in conjunction with the Deputy Title IX coordinator as needed to prepare a Notice of Outcome letter. The Deputy Title IX Coordinator will then share the letter, including the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors within 3 business days of receiving the Decision-maker’s written deliberation. 

The Notice of Outcome will then be shared with the parties simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official Clerc Center records, or emailed to the parties’ the Clerc Center-issued email or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. 

The Notice of Outcome will articulate the specific policy(ies) reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by the Clerc Center from the receipt of the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, and methods used to obtain evidence. 

The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the Clerc Center is permitted to share such information under state or federal law; any sanctions issued which 

the Clerc Center is permitted to share according to state or federal law; and any remedies provided to the Complainant designed to ensure access to the Clerc Center’s educational or program of activity, to the extent the Clerc Center is permitted to share such information under state or federal law (this detail is not typically shared with the Respondent unless the remedy directly relates to the Respondent). 

The Notice of Outcome will also include the relevant procedures and bases for any available appeal 32

options. 

Sanctions 

Factors considered when determining a sanction/responsive action may include, but are not limited to: 

● The nature, severity of, and circumstances surrounding the violation(s) 

● The Respondent’s disciplinary history 

● Previous allegations or allegations involving similar conduct 

● The need for sanctions/responsive actions to bring an end to the sexual Harassment and/or retaliation 

● The need for sanctions/responsive actions to prevent the future recurrence of sexual harassment and/or retaliation 

● The need to remedy the effects of the sexual harassment and/or 

retaliation on the Complainant and the community 

● The impact on the parties 

● Any other information deemed relevant by the Decision-Maker 

The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested. 

The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by external authorities. 

a. Student Sanctions Example 

The following are the usual sanctions that may be imposed upon students singly or in combination: 

● Warning 

● Required Counseling 

● Exclusion from participating in extracurricular activities or other Clerc Center programs/activities 

● Alternative placement 

● Suspension; In-school; out-of-school; long-term; short-term; extended, etc.

● Expulsion 

● Other Actions: In addition to or in place of the above sanctions, the Clerc Center may assign any other sanctions as deemed appropriate. 

Withdrawal or Resignation While Charges Pending 

Should a student decide to not participate in the formal grievance process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the Clerc Center, the resolution process ends, as the Clerc Center no longer has disciplinary jurisdiction over the withdrawn student. 

However, The Clerc Center will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged sexual harassment and/or retaliation. 

A student Respondent who withdraws or leaves while the process is pending may not return to the Clerc Center. A hold will be placed on their ability to be readmitted. They may also be barred from the Clerc Center property and/or events. 

If the student Respondent only takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely and that student is not permitted to return to the Clerc Center unless and until all sanctions have been satisfied. 

Appeals 

Any party may file a request for appeal (“Request for Appeal”) in writing to the Deputy Title IX Coordinator within 3 days of the delivery of the Notice of Outcome. 

The Deputy Title IX Coordinator will appoint a new Decision-Maker; who will not have been involved in the process previously, including any dismissal appeal that may have been held earlier in the process, will be designated as the Appeal Chair. 

The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (a Review for Standing). 

This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed. 

a. Grounds for Appeal 

Appeals are limited to the following grounds: 

(A) Procedural irregularity that affected the outcome of the matter; 

(B) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and 

(C) The Deputy Title IX Coordinator, Investigator(s), or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter. 

If any of the grounds in the Request for Appeal do not meet the grounds in this Policy, that request will be denied by the Appeal Chair and the parties and their Advisors will be notified in writing of the denial and the rationale. 

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Chair will notify the other party(ies) and their Advisors, the Deputy Title IX Coordinator, and, when appropriate, the Investigators and/or the original Decision-Maker. 

The other party(ies) and their Advisors, the Deputy Title IX Coordinator, and, when appropriate, the Investigators and/or the original Decision-Maker will be mailed, emailed, and/or provided a hard copy of the request with the approved grounds and then be given 3 business days to submit a response to the portion of the appeal that was approved and involves them. All responses will be forwarded by the Chair to all parties for review and comment. 

The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed to determine if it meets the grounds in this Policy by the Appeal Chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator(s) and/or original Decision-Maker, as necessary, who will submit their responses in 3 business days, which will be circulated for review and comment by all parties. 

Neither party may submit any new requests for appeal after this time period. The Appeal Chair will collect any additional information needed and all documentation regarding the approved grounds and the subsequent responses, and the Chair will render a decision in no more than 3 business days, barring unusual circumstances. All decisions apply the preponderance of the evidence. 

A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which the Clerc Center is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the Clerc Center is permitted to share under state or federal law. 

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records, or emailed to the parties’ the Clerc Center -issued email or otherwise approved account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered. 

b. Sanctions Status During the Appeal 

Any sanctions imposed by the Decision-maker take effect following the appeal process. Supportive measures may remain in effect during an appeal process, subject to the same supportive measure procedures above. 

c. Appeal Considerations 

● Appeal decisions defer to the original decision, making changes to the determination only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. 

● Appeals are not intended to provide for a full reconsideration of the allegation(s) and evidence. In most cases, appeals are confined to a review of the written documentation or record of the original meeting and pertinent documentation regarding the specific grounds for appeal. 

● An appeal is not an opportunity for Appeal Decision-makers to substitute their judgment for that of the original Decision-Maker merely because they disagree with the determination and/or sanction(s). 

● The Appeal Chair/Decision-Maker may consult with the Deputy Title IX Coordinator on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained. 

● Appeals granted based on new evidence should normally be remanded (returned) to the original Investigator(s) and/or Decision-Maker for reconsideration. Other appeals may be remanded at the discretion of the Deputy Title IX Coordinator or, in limited circumstances, decided on appeal. 

● Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand. 

● In rare cases where a procedural error cannot be cured by the original Decision-Maker (as in cases of bias), the appeal may order a new investigation with a new Decision-Maker.

● The results of a remand to a Decision-Maker cannot be appealed 

● In cases in which the appeal results in reinstatement to the Clerc Center or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term. 

Long-Term Remedies/Other Actions 

Following the conclusion of the resolution process where a finding of a violation of the policy is found, in addition to any sanctions implemented, the Deputy Title IX Coordinator may implement additional long-term remedies or actions with respect to the parties and Clerc Center community that are intended to stop the sexual harassment and/or retaliation, remedy the effects, and prevent reoccurrence. 

These remedies/actions may include, but are not limited to: 

● Referral to counseling and health services 

● Education to the individual and/or the community 

● Permanent alteration of housing assignments 

● Provision of school safety escorts 

● Climate surveys 

● Policy modification and/or training 

● Provision of transportation accommodations 

● Implementation of long-term contact limitations between the parties 

● Implementation of adjustments to academic deadlines, course schedules, etc. 

At the discretion of the Deputy Title IX Coordinator, certain long-term support or measures may also be provided to the parties even if no policy violation is found. 

When no policy violation is found, the Deputy Title IX Coordinator will address any remedies owed by the Clerc Center to the Respondent to ensure no effective denial of educational access. 

The Clerc Center will maintain the privacy of any long-term remedies/actions/measures, provided privacy does not impair the Clerc Center’s ability to provide these services. 

Failure to Comply with Sanctions and/or Interim and Long-term Remedies and/or Responsive Actions 

All Respondents are expected to comply with the assigned sanctions and/or supportive measures within the timeframe specified by the final Decision-maker. 

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the Clerc Center. 

Recordkeeping 

The Clerc Center will maintain for at least seven years after departure of the Complainant or/and the Respondent from the organization, records of: 

1. Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation; 2. Any disciplinary sanctions imposed on the Respondent; 

3. Any remedies provided to the Complainant designed to restore or preserve equal access to The Clerc Center’s education program or activity; 

4. Any appeal and the result therefrom; 

5. Any Informal Resolution and the result therefrom; 

6. All materials used to train Deputy Title IX Coordinators, Investigators, Decision-makers, and any person who facilitates an Informal Resolution process. The Clerc Center will make these training materials publicly available on Gallaudet University’s website. 

7. Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including: 

a. The basis for all conclusions that the response was not deliberately indifferent; b. Any measures designed to restore or preserve equal access to the Clerc Center’s education program or activity; and 

c. If no supportive measures were provided to the Complainant, documentation of the reasons why such a response was not clearly unreasonable in light of the known circumstances. 

The Clerc Center will also maintain any and all records in accordance with state and federal laws. Accommodations for Disabilities in the Resolution Process 

The Clerc Center is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the Clerc Center’s resolution process. 

Anyone needing such accommodations or support should contact the Deputy Title IX Coordinator, who will review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full participation in the process. 

Revision of this Policy and Procedures 

This Policy and procedures supersede any previous policy(ies) addressing harassment, sexual misconduct and/or retaliation under Title IX and will be reviewed and updated annually by the Deputy Title IX Coordinator. The Clerc Center reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. 

During the resolution process, the Deputy Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Deputy Title IX Coordinator may also vary procedures materially with notice (on Gallaudet University website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Policy and procedures. 

If government laws or regulations change – or court decisions alter – the requirements in a way that impacts this document, this document will be construed to comply with the most recent government regulations or holdings. 

This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such policies and codes, generally. 

This Policy and procedures are effective September 2, 2020. Approved by: Gallaudet University Administration 

THE SEXUAL HARASSMENT POLICY WAS DEVELOPED IN PART FROM THE USE AND ADAPTATION OF THE ATIXA 2020 INTERIM MODEL SEXUAL HARASSMENT POLICIES AND PROCEDURES WITH CITATION TO ATIXA IS PERMITTED THROUGH A LIMITED LICENSE TO GALLAUDET UNIVERSITY AND THE CLERC CENTER. ALL OTHER RIGHTS RESERVED. ©2020. ATIXA.