EOP.03: Gallaudet University Title IX Sexual Harassment Grievance Procedures

Office of Equal Opportunity Programs and Title IX

Authority: A&O Policies 3.18 and 3.19 ; EOP.02

EOP.03: Gallaudet University Title IX Sexual Harassment Grievance Procedures

Effective: July 1, 2026

I.     INTRODUCTION

These grievance procedures apply to the investigation and resolution of Title IX Sexual Harassment allegations, as defined in and guided by the University Sexual Harassment and Misconduct Policy (EOP.02). They are designed to ensure a prompt, fair, and impartial process consistent with current federal Title IX regulations.

II.   INITIAL ASSESSMENT OF REPORT

Following the intake and assessment conducted under the University Sexual Harassment and Misconduct Policy (EOP.02), the Title IX Coordinator determines whether the reported conduct reasonably alleges a potential Title IX violation. If so, the Title IX Coordinator will explain the available options to the Complainant as follows:

(1)  Supportive measures only – when the Complainant does not wish to file a Formal Complaint.

(2)  Informal Resolution – available only after a Formal Complaint is filed, with consent of both parties and subject to the additional criteria described in the Informal Resolution section, below.

(3)  Formal Grievance Process – investigation and hearing, initiated upon a Formal Complaint.

In all cases, the Title IX Coordinator may implement supportive measures as appropriate and consistent with EOP.02.  

For student Respondents, when an individualized safety and risk analysis determines that the Respondent poses an immediate threat to the physical health or safety of any student or other individual, the University may implement emergency removal or impose an interim suspension as outlined in EOP.02.

For employee Respondents, the University may place the employee on administrative leave in accordance with applicable employment policies and procedures.

III.          FILING A FORMAL COMPLAINT

1.     Written and Signed Formal Complaint Required for Resolution 

A Formal Complaint means a written or electronic document that is signed or otherwise clearly submitted by the Complainant, asking the University to investigate the allegations. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information provided in Section VIII of EOP.02. If a report is received but does not meet this definition, the Title IX coordinator will contact the Complainant to confirm whether they wish to proceed.

A Formal Complaint is accompanied by a written statement (video statements using ASL are also accepted).

Consistent with the 2020 Title IX regulations, a Formal Complaint must be filed before the University may initiate either Informal Resolution or the Formal Grievance Process.

2.     Formal Complaints Filed by the Title IX Coordinator

The University generally honors a Complainant’s decision not to file a formal complaint; however, the University may initiate a complaint or investigation when the known circumstances indicate a pattern, seriousness, or safety risk, as discussed in EOP.02.  For the purposes of these Formal Complaints, the Title IX Coordinator is not a Complainant or otherwise a party. 

3.     Response to Formal Complaint

In response to receiving the Formal Complaint, the University will follow the grievance process as specified in this Procedures. The grievance process presumes that the Respondent is not responsible for the Title IX Sexual Harassment allegation(s) until all of the relevant evidence has been examined and a determination regarding responsibility is made at the conclusion of the grievance process.

4.     Dismissal of Formal Complaint

A Formal Complaint, or specific allegations within it, must be dismissed if at any point it is determined that:

1. The alleged conduct, even if true, would not meet the Title IX definition of sexual harassment;
2. The conduct did not occur in a University program or activity;
3. The conduct did not occur in the United States; or

4.     At the time of filing, the Complainant was not participating or attempting to participate in a University program or activity.

Gallaudet may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:

1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
2. The Respondent is no longer enrolled in or employed by Gallaudet; or
3. Specific circumstances prevent Gallaudet from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon any dismissal, Gallaudet will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.

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

Dismissal of a Formal Complaint under Title IX does not preclude Gallaudet from addressing the reported conduct through other University policies, procedures, or processes, where appropriate.

5.     Resolution Timeline

Gallaudet will make a good faith effort to complete the resolution process, whether informal resolution or through the formal grievance process, within a ninety (90) business day time period, including appeal, which can be extended as necessary for appropriate cause by the 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.

When a Title IX proceeding extends to the end of an academic term and cannot be completed before the term concludes (assuming the Respondent remains subject to this Policy), the University will typically continue the process immediately after the term ends or during a summer or winter break, as needed.

If the Respondent is a graduating student, the University may restrict participation in commencement activities and/or withhold degree conferral until the matter, including any appeal, is fully resolved. A student with a pending Title IX matter is not considered in good standing for graduation purposes until the process is complete.

6.     Consolidation/Counterclaims

The University may consolidate formal complaints of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances. 

The University also allows counterclaims, but must make sure they are not used as a way to retaliate. Counterclaims go through the same initial review as any other report. If a counterclaim appears retaliatory or not made in good faith, it will not move forward, and filing such a claim may itself be considered retaliation under this Policy. If the counterclaim is made in good faith, it will proceed through the appropriate grievance process. The Title IX Coordinator may decide to investigate a counterclaim at the same time as the original allegation or wait until the original allegation is resolved, which may cause some delay. 

IV.          ADVISORS

Each party may have one Advisor of their choice present during all stages of the resolution process, including meetings, interviews, and hearings. Parties may choose any eligible and available individual to serve as an Advisor, including a friend, mentor, family member, attorney, or another person of their choosing. If an attorney serves as an advisor, they do so solely in a personal support capacity and may not act in a legal or representative role. The Title IX Coordinator will offer to assign a trained Advisor from a pool of employees upon request.

Advisors may provide support and guidance to the parties at any meeting or proceeding. Except during a live hearing where Advisors conduct cross-examination on behalf of the parties, Advisors may not speak for a party or otherwise participate in a way that delays, disrupts, or interferes with meetings or proceedings. The University will not delay scheduling based on an Advisor’s unavailability. Advisors may be asked to meet with the Title IX Coordinator beforehand to review expectations, privacy requirements, and appropriate decorum.

The Title IX Regulations require indirect questioning during the live hearing, which must be conducted by the parties’ Advisors. Parties may not directly question one another or any witnesses. If a party does not have an Advisor for the hearing, the University will appoint a trained Advisor for the limited purpose of conducting questioning.

Parties may share documents and evidence with their Advisor directly or may authorize the University to do so. To have Gallaudet release records to an Advisor, a party must submit the University’s consent form or provide other written permission. Without this authorization, the University cannot share records with an Advisor. Advisors must keep all records confidential and may not disclose them or use them for any unauthorized purpose. The University may limit an Advisor’s role if they fail to comply with privacy or conduct expectations.

Gallaudet expects Advisors to adjust their schedules to attend planned meetings, but the University may reschedule when an Advisor’s absence would not cause an unreasonable delay. If necessary, Advisors may participate by phone, video, or other available technology.

Advisors who overstep their role will receive one warning. Continued disruption may result in removal or adjournment of the meeting, and the Title IX Coordinator will determine whether the Advisor may continue in the role.

Parties may change Advisors at any time. They should notify the Investigator(s) of the Advisor’s name at least two business days before the first meeting (or as soon as possible if the meeting must occur sooner) and must promptly inform the Title IX Coordinator of any changes. When an Advisor changes, prior consent to share information is considered revoked, and new written authorization is required. Parties must inform the Title IX Coordinator of the identity of their Advisor at least ten calendar days before the hearing.

V.            WRITTEN NOTICE OF ALLEGATIONS

When the Formal Grievance Process begins, the Title IX Coordinator (or their designee) will send both parties a written notice explaining that an investigation is starting and what the allegations are. This is called the Notice of Investigation and Allegations (NOIA).  

The NOIA will include, at minimum:

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

·      The conduct constituting Title IX sexual harassment being alleged,

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

·      A description of the applicable procedures,

·      A statement stating that the parties may inspect and review relevant evidence,

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

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

·      A statement about Gallaudet’s policy on retaliation,

·      A statement prohibiting knowingly making false statements or knowingly submitting false information,

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

·      A statement informing the parties that Gallaudet’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process.

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

NOIA will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the parties’ Gallaudet-issued email or designated accounts. Once emailed, and/or received in-person, notice will be presumptively delivered.

VI.          INFORMAL RESOLUTION

Informal Resolution is a voluntary process the parties may use instead of completing the Formal Grievance Process.  Informal Resolution is not appropriate in all cases and may be used only when approved by the Title IX Coordinator and when all required conditions are met.

Gallaudet offers two Informal Resolution options:

1.     Alternate Resolution; or

2.     Acceptance of Responsibility.

A Formal Complaint is required to begin Informal Resolution. A party who wishes to request Informal Resolution must contact the Title IX Coordinator.

When a party requests an Informal Resolution, the University will provide written notice describing the allegations, possible outcomes, and how records will be handled. The University will not pressure any party to participate and will begin the process only after receiving written consent from all parties.

Informal resolution is confidential, and statements made in an informal resolution process may not be used in the formal resolution process. Individuals who facilitate informal resolution cannot be called as fact witnesses at a hearing.

Either party may stop Informal Resolution at any time prior to signing a resolution agreement and return to the Formal Grievance Process.

If a complainant is resolved informally, the Title IX Coordinator will close the case. If an agreement is not reached and the Title IX Coordinator determines that further action is necessary, or if a Respondent fails to comply with the terms of the alternative resolution, the matter may be referred for an investigation under the formal resolution process.

1.     Alternate Resolution

Alternate Resolution is a voluntary, mutually agreed-upon process designed to resolve concerns without a formal determination of responsibility. Alternate Resolution may include mediation, restorative practices, facilitated dialogue, or other appropriate resolution mechanisms, as determined by the Title IX Coordinator.

Alternate Resolution does not require an admission of responsibility by the Respondent.

Alternate Resolution: Eligibility and Screening

The Title IX Coordinator (or designee) determines whether a complaint is eligible for Alternate Resolution. If the Coordinator determines that a case is not appropriate for Alternate Resolution, this option will not be available. In such cases, the matter will proceed through the Formal Grievance Process, or supportive measures will continue if the Complainant does not wish to pursue a formal process.

In determining whether Alternate Resolution is appropriate, the Title IX Coordinator may consider, among other factors:

·       The parties’ willingness and capacity to participate voluntarily

·       The likelihood that the process can result in a safe and meaningful resolution

·       Any power dynamics or imbalances between the parties

·       The parties’ motivation, emotional readiness, and ability to engage respectfully

·       The results of any violence risk assessment or ongoing safety concerns

·       Whether an emergency removal or interim action is necessary

·       The nature and complexity of the allegations

·       The skills and appropriateness of the proposed facilitator

·       Prior disciplinary history, if relevant

·       Available institutional resources to support the process

Alternate Resolution: Situations Where Alternate Resolution is Not Available

Alternate Resolution will not be offered in cases where its use would be inappropriate, unsafe, or ineffective. Examples include, but are not limited to:

·       Cases involving an employee as a Respondent and a student as a Complainant

·       Allegations involving ongoing harm, violence, coercion, or significant power imbalance

·       Sexual assault

·       Domestic or dating violence

·       Stalking

·       Cases involving conduct that would require mandatory disciplinary action under University policy

·       Cases involving an ongoing criminal investigation that would conflict with the process

These limitations apply only to Alternate Resolution and do not restrict the availability of Acceptance of Responsibility, where appropriate.

Alternate Resolution: Timing and Scope

Alternate Resolution may be offered prior to an investigation or, in appropriate cases, after an investigation but before a hearing.

Alternate Resolution is generally not available when one or more parties are no longer enrolled or employed by the University.

If a resolution agreement is reached, the Title IX Coordinator will maintain records of the agreement. Failure to comply with the terms of an Alternate Resolution agreement may result in appropriate responsive or disciplinary action. Outcomes reached through Alternate Resolution are final and not subject to appeal.

2.     Acceptance of Responsibility

Acceptance of Responsibility is a separate Informal Resolution option in which the Respondent formally admits and accepts responsibility for some or all of the alleged policy violations.

Acceptance of Responsibility requires an admission and does not involve mediation or negotiated resolution between the parties. Because responsibility is accepted, no investigation or hearing is required, and the matter proceeds directly to sanctioning and remedies.

A Respondent may accept responsibility at any point prior to the hearing. Upon such acceptance:

·       The formal process is paused

·       The Title IX Coordinator confirms that Acceptance of Responsibility is appropriate

·       The matter proceeds directly to the sanctioning phase

Sanctions and remedies will be determined by the University. The Disciplinary Authority, in consultation with the Title IX Coordinator, will determine appropriate sanctions and remedies consistent with University policy and the severity of the conduct.

Acceptance of Responsibility does not require agreement by the Complainant regarding sanctions, though the Complainant’s input regarding remedies will be considered where appropriate.

Once Acceptance of Responsibility is finalized and sanctions are imposed, the outcome is final and not subject to appeal.

VII.        FORMAL GRIEVANCE PROCESS: INVESTIGATION

1.     Equitable Opportunities

During the formal grievance process, both the Complainant and the Respondent are provided equitable opportunities, including the opportunity to participate in the investigation; to review and present information and evidence; to be accompanied by an advisor of their choice to any meeting and proceeding; and to timely notice of meetings at which their presence will be requested or required.   

2.     Investigator

The Title IX Coordinator will appoint one or more individuals to conduct the investigation within two (2) business days of determining that an investigation should proceed. The Investigator(s) will conduct a prompt, thorough, fair and impartial investigation. The Investigator will receive annual training on: (1) issues of relevance; (2) the definitions in this Policy; (3) the scope of the university’s Programs or Activities; (4) how to conduct an investigation; and (5) how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The Investigator will be impartial and free from conflict of interest or actual bias for or against the Complainant or Respondent or Complainants or Respondents generally.

Before any interview, the individual being interviewed will be informed in writing of the date, time, location, participants, and purpose of the interview. Such notice will be provided with sufficient time for the individual to prepare for the interview.

3.     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.

Gallaudet 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.

4.     Extending Time and Interaction with Law Enforcement

Gallaudet may undertake a short delay in its investigation 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 reasonable absence of parties and/or witnesses, breaks in the University calendar, accommodations for disabilities or health conditions, and/or complex investigations that may involve a large volume of information or number of witnesses or severe and/or widespread allegations of misconduct.

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

Gallaudet’s action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced

5.     Investigative Steps and Gathering Evidence

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all available, 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.

Written Statements from the Parties

The Complainant’s written statement is submitted with the Complainant, as explained above in Section III.

Once the Respondent receives a written notice of the allegations, the Respondent will have five (5) business days to submit a written statement, signed and dated, in response to the allegations.  ASL videos are accepted as written statements. The Respondent will not be allowed to review the Complainant’s statement until after the Respondent submits their statement.

 

Each written statement should identify all sources of information (witnesses, correspondence, text messages, or other documentation).

Interviews

During an investigation, the Investigator will seek to meet separately with the Complainant, Respondent, and relevant witnesses. Witnesses are individuals who may have information relevant to the incident, including individuals who may have observed the acts in question, may be able to provide contextual information, or may have other information related to the incident, the disclosure, the parties or related matters. Witnesses may not participate solely to speak about an individual’s character. Where witnesses are interviewed as part of the investigation, the name of the witness and the information gathered in the interviews will be included in the final investigative report, which the parties will have the opportunity to review at the conclusion of the investigation. 

Information Gathering

The Investigator will also gather other relevant information or evidence, including documents, photographs, communications between the parties, medical records (subject to the consent of the applicable person), and other electronic records as appropriate. 

6.     Role and Participation of Witnesses in the Investigation

Witnesses (as distinguished from the parties) who are employees of Gallaudet are expected to cooperate with and participate in Gallaudet’s investigation and resolution process. Student witnesses and witnesses from outside Gallaudet or the Clerc community are encouraged to cooperate with Gallaudet’s investigations and to share what they know about a complaint.

Witnesses may provide written or video statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred. If a witness submits a written or video statement but does not intend to be and is not present for cross examination at a hearing, their written statement may not be used as evidence.

7.     Recording of Interviews

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

8.     Review of Preliminary Investigative Report and Evidence

At the conclusion of the fact-gathering portion of the investigation and before the Investigator finishes the final investigative report, both the Complainant and the Respondent will have the same opportunity to review the evidence collected during the investigation.

This includes all evidence that is directly related to the allegations, even if the University does not plan to rely on that evidence in making its decision, and whether the evidence supports or does not support the allegations.

The Investigator will send the preliminary investigative report and evidence to each party and their Advisor (if they have one), either electronically or in hard copy.

Each party will then have ten (10) business days to respond to the evidence in writing.

The Investigator will decide whether any requested additional steps are appropriate and whether the information is relevant.

If either party submits a written response or requests further investigation, that response and any new information gathered will be shared with the other party and included in the final investigative report when appropriate.

If new, substantive information is collected, both parties will be given the opportunity to review and respond to it. In those cases, each party will have five (5) business days to review the additional information.

The Investigator(s) will incorporate relevant elements of the parties’ written responses to the evidence, include any additional relevant evidence

9.     Final Investigative Report

Unless significant additional investigation is needed, the Investigator will usually prepare the final investigative report within five (5) business days after reviewing the parties’ responses.

The final investigative report will fairly summarize the relevant evidence. At least ten (10) business days before the hearing, the Investigator will send the final report to both parties and their Advisors, if any, at the same time.

In preparing the final report, the Investigator will:

·       consider the parties’ written responses;

·       include any additional relevant evidence;

·       make any necessary revisions; and

·       share the report with the Title IX Coordinator.

VIII.     FORMAL GRIEVANCE PROCESS: EVIDENCE

1.     Relevant Evidence

The Investigator(s) and Decision-maker(s) will consider only evidence that is relevant or directly related to the allegations.

The investigation and the hearing will not consider:

·       Questions or evidence about a Complainant’s sexual predisposition;

·       Questions or evidence about a Complainant’s prior sexual behavior, unless:

o   the evidence is offered to show that someone other than the Respondent committed the alleged conduct; or

o   the evidence concerns specific incidents of prior sexual behavior between the Complainant and the Respondent and is offered to show consent;

·       Questions or evidence involving medical, psychological, or mental health records unless the person to whom the records belong provides voluntary, written consent for those records to be reviewed.

2.     Impact Statements

The parties may each submit a written impact statement prior to the hearing for the consideration of the Decision-maker(s) at the sanction stage of the process when a determination of responsibility is reached. The decision whether to provide an impact statement is completely voluntary. The University will not draw any adverse inference solely from a Complainant’s or Respondent’s decision not to submit an impact statement. 

Parties will receive a copy of the impact statement provided by the other party.

IX.          FORMAL GRIEVANCE PROCESS: LIVE HEARING

1.     Submission for Hearing

The Investigator will provide the final investigative report to the Title IX Coordinator (or designee), who will arrange a Hearing Panel to conduct a live hearing and determine responsibility.

The hearing cannot be less than 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. 

2.     Hearing Panel

The Title IX Coordinator or designee will appoint a Hearing Panel of three (3) trained faculty and staff members to conduct the live hearing and determine responsibility. For cases in which a faculty member is a Respondent, the panel will be comprised of two faculty, one staff member.

All Decision-maker(s) must be impartial and free from bias or conflicts of interest and must not have had any prior involvement in the investigation. Any individual who believes they cannot conduct a fair and unbiased review must promptly notify the Title IX Coordinator or designee, and a replacement will be assigned as needed.

Individuals who served as Investigators in the matter will participate as witnesses and may not serve as Decision-makers. Individuals serving as Advisors to any party also may not serve as Decision-makers.

Decision-maker(s) receive annual training on the University’s Title IX policies and procedures; conducting hearings; issues of relevance; impartial decision-making; avoidance of prejudgment, bias, and conflicts of interest; and the use of any technology employed during hearings.

The Title IX Coordinator will not serve as a Decision-maker or Hearing Chair but may act as an administrative facilitator of the hearing if their prior involvement does not create a conflict of interest. If a conflict exists, a designee will fulfill this role. The Coordinator may also designate an alternate Decision-maker from the trained pool to observe the hearing in the event a substitution becomes necessary.

The hearing will be scheduled at a time determined by the Chair, Decision-maker, or designee.

3.     Hearing Panel Chair

One of the three members will be appointed Hearing Panel Chair by the Title IX Coordinator.

The Hearing Panel Chair controls the hearing to keep it fair, orderly, and on schedule. The Chair may exclude any person, including a party or an Advisor, who disrupts the hearing. The Chair makes final decisions on procedural matters, determines whether questions are relevant, and ensures the hearing is conducted fairly and efficiently.

4.     Behavioral Expectations 

All parties, advisors and witnesses must maintain appropriate behavior throughout the live hearing. Participants at the live hearing are expected to abide by the Hearing Panel Chair’s directions and determinations, maintain civility, and avoid outbursts, raised voices, and other disruptive behavior. Repeated violations of appropriate behavior will result in a break in the live hearing, the length of which will be determined by the Hearing Panel Chair. The Hearing Panel Chair reserves the right to appoint a different advisor to conduct cross-examination on behalf of a party after an advisor’s repeated violations of appropriate behavior or other rules related to the conduct of the live hearing.

5.     Participation of the Parties and Witnesses

A party or witness who chooses to take part in the process is expected, but not required, to participate in all stages, including the hearing if requested, except that witnesses who are employees of Gallaudet are expected to cooperate with and participate in Gallaudet’s investigation and resolution process. The Hearing Panel will not make assumptions or draw conclusions based solely on a party’s or witness’s absence or refusal to answer questions. If a party does not attend the hearing, their advisor may still attend to ask questions of the other party and witnesses.

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s) or have provided a written or video statement or answered written questions unless all parties and the Chair assent to the witness’s participation in the hearing.

 

6.     Notice of Hearing

 

The Title IX Coordinator or designee will provide both parties at least ten (10) business days advance written notice of the hearing for the parties to prepare to participate. The written notice will provide the date, time, location, participants, and purpose of the hearing.

 

The notice will include a list of all those who will attend the hearing, along with an invitation to object to any Decision-maker based on demonstrated bias. This must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing.

Generally, once scheduled, a hearing will not be delayed unless due to a serious documented illness of a party of advisor, the introduction of new evidence, or University closing. 

7.     Closed Hearing

All hearings are closed to the public. 

8.     Standard of Evidence

Determinations of responsibility with respect to the allegations in the Formal Complaint against the Respondent must be established by a Preponderance of the Evidence. 

9.     Pre-Hearing Preparation

The Chair may hold one or more pre-hearing meetings with the parties and/or their Advisors. During these meetings, the Chair may ask the parties or Advisors to submit proposed questions or topics they intend to raise at the hearing. This allows the Chair to rule on relevance in advance, prevent improper evidence from being introduced, and suggest clearer or more appropriate wording if needed.

This advance review does not prevent Advisors from asking new questions at the hearing or from requesting reconsideration of a ruling based on new testimony or information presented during the hearing. If the Chair excludes any question or topic during a pre-hearing meeting, the Chair will document the reason for the exclusion and share it with both parties.

At pre-hearing meetings, the Chair will also consider arguments that evidence identified as relevant in the final investigative report is not actually relevant, or that evidence identified as directly related but not relevant should be considered relevant. The Chair may rule on these issues before the hearing and will share those rulings with both parties to help them prepare.

The Chair may consult with legal counsel and/or the Title IX Coordinator or invite either or both to attend pre-hearing meetings.

Pre-hearing meetings may be recorded. When recording is used to support accurate interpretation or translation, the parties will be given an opportunity to review the transcript and approve the final interpretation.

10.  New Evidence at Hearing

If the parties and Chair do not assent to the admission of evidence newly offered at the hearing, the Chair may delay the hearing and instruct that the investigation needs to be re-opened to consider that evidence.

11.  Hearing Format

The hearing will be live, with all questioning conducted in real time. The University provides, by request, modifications to the hearing to mitigate harm through contact by the parties. This means that the parties may be located in separate rooms (or at separate locations) with technology enabling the Hearing Panel and the parties to simultaneously see and hear the party or witness answering questions. A hearing may be conducted entirely virtually through the use of remote technology so long as the parties and Hearing Panel are able to hear and see one another in real time.

12.  No Formal Rules of Evidence

Formal rules of evidence will not be applicable in the hearing.  The Hearing Panel Chair may exclude evidence that is not relevant.  The Hearing Panel Chair may, at its discretion, exclude witnesses or any witness testimony that the Hearing Panel considers irrelevant or duplicative.

13.  Hearing Procedure 

The Hearing Panel Chair has general authority and wide discretion over the conduct of the hearing (e.g., they may set time frames for witness testimony and may limit opening/closing statements or their length, etc.).  Although the Hearing Panel Chair has discretion to modify it, the general course of procedure for a hearing is as follows: 

• ·      Investigator presents the final investigation report;
• ·      Questioning of Investigator by the Decision Maker(s), Complainant, and Respondent;
• ·      Questioning of the Complainant by the Decision Maker(s);
• ·      Cross-examination of the Complainant by the Respondent’s advisor;
• ·      Questioning of the Respondent by the Decision Maker(s);
• ·      Cross-examination of the Respondent by the Complainant’s advisor;
• ·      Decision-Maker(s) questioning of other material witnesses
• ·      Cross-examination of other material witnesses by the parties’ advisors;
• ·      Closing comments from the Complainant; and
• ·      Closing comments from the Respondent.

14.  Cross-Examination

At the hearing, questioning of the parties and witnesses is conducted by the parties’ Advisors. Each party’s Advisor may ask the other party and any witnesses relevant questions and follow-up questions, including questions that challenge credibility. Questioning must be done directly, orally, and in real time by the Advisor and not by the party personally.

The Advisor does not represent the party or develop their own questions. Instead, the Advisor asks the questions the party wants asked. Each party is responsible for preparing their questions and any follow-up questions for the other party and witnesses and providing them to their Advisor. The Advisor may not ask questions that the party has not authorized.

15.   Refusal to Submit to Questioning and Inferences

A party or witness may choose not to answer questions at the hearing, either by not attending or by attending and declining to respond to some or all questions. The Decision-maker will base the final determination only on the relevant evidence that is available and may not draw any conclusions based solely on a party’s or witness’s absence or refusal to answer questions. The decision-maker cannot rely on witness’s prior statements in reaching a determination of responsibility if the witness does not submit to cross-examination. The panel may consider prior statements by the parties even if they do not submit to cross-examination, as long as the statements are reliable and relevant.

16.  Hearing Recordings

 

Except as described in this Section, all recordings of the hearing are prohibited.  Any cameras and any recording device, including cellphone, are prohibited.  However, the University will record the hearing for the purpose of review and appeal.  The University does not provide copies of the hearing recording.  Title IX will make a recording of the hearing to be made available to the parties for review.

X.            FORMAL GRIEVANCE PROCESS: POST-HEARING

1.     Determination of Responsibility

Following the hearing, the Hearing Panel will consider all the relevant evidence and make a determination, by a Preponderance of the Evidence, whether the Respondent has violated the Policy. A simple majority vote is required to determine the finding. The deliberation is done via a closed session.

2.     Disciplinary Authority

 

If the Hearing Panel determines that the Respondent is responsible for violating the Policy, the Hearing Panel will refer the matter to the appropriate Disciplinary Authority who will determine the appropriate remedies and/or sanction(s) to be imposed.

The Disciplinary Authority is typically the University administrator with appointing or other authority over the Respondent as follows:

a. For student Respondents, the Disciplinary Authority is the Associate Dean of Student Center Programs and Services or designee.

 

b. For staff Respondents, the Disciplinary Authority is the Executive Director of Human Resources or designee, who may consult with the Respondent’s direct supervisor.

c. For a Respondent who is both a student and employee, the Disciplinary Authority is the Associate Dean of Student Center Programs and Services or designee if the Respondent’s primary status is an enrolled student. The Disciplinary Authority is the Executive Director of Human Resources or designee when the Respondent’s primary status is an employee who is enrolled as a student as a benefit of their own employment. Where there is a question about the predominant role of the Respondent, the Title IX Coordinator may direct that the Associate Dean of Student Center Programs and Services and Executive Director of Human Resources work collaboratively as the Disciplinary Authority. Such a Respondent may be subject to any of the sanctions applicable to students and employees.

d. For faculty Respondents, the Disciplinary Authority is the Dean of Faculty or designee.

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

3.     Notice of Outcome

 

The Notice of Outcome, which contains the written determination of responsibility as found by the Hearing Panel must be submitted to both Parties within seven (7) business days of the end of deliberations, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.

 

The Notice of Outcome must include the following:

a.     Identification of the allegations potentially constituting Title IX Sexual Harassment;

b.     A description of the procedural steps taken from the receipt of the Formal Complaint of Title IX Sexual Harassment 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 support the determination;

d.     Conclusions regarding the application of Title IX Sexual Harassment Policy to the facts;

e.     A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility; and

f.      If there is a finding of responsibility on one or more of the allegations, then the applicable sanctions; 

g.     The University’s procedures and permissible bases for the Complainant and Respondent to appeal.

XI.          FORMAL GRIEVANCE PROCESS: SANCTIONS

Not all forms of sexual harassment are equally serious. Gallaudet may impose sanctions ranging from a verbal warning to expulsion, depending on the nature and severity of the conduct. In determining appropriate sanctions, Gallaudet will consider the rights and concerns of both the Complainant and the Respondent, as well as the need to ensure a safe and nondiscriminatory educational environment. Sanctions may include educational, restorative, rehabilitative, and/or punitive measures. Attempts to commit conduct prohibited by the Sexual Harassment Policy may be sanctioned to the same extent as completed violations.

If a respondent is found to have violated the University’s Title IX policy, it will impose sanctions commensurate with the violation.  Potential sanctions include, but are not limited to, the following: 

•    Probation

•    Written warning

•    Demotion or pay cuts (for employees)

•    Restrictions on access to University programs or areas

•    Suspension

•    Transcript notation (for students)

•    Expulsion (for students)

•    Termination of employment

•    Revocation of faculty tenure (under the procedures of the Faculty Handbook)

•   Discretionary Sanctions: Other sanctions that bear a reasonable relationship to the violation for which the respondent has been sanctioned may be imposed instead of or in addition to those specified above. Discretionary sanctions include, but are not limited to: service hours, fines, educational reflection assignments, and participation in alcohol or drug awareness programs, and training, counseling, and education regarding sexual offenses.

Sanctions or corrective actions may also be imposed in accordance with relevant policies and/or procedures and other requirements set forth in the Administrations and Operations Manual, Faculty Handbook, Supervisor’s Handbook, and other policies or handbooks that may be developed over time, or contracts.

XII.        FORMAL GRIEVANCE PROCESS: APPEALS

1.     Appeal Option

Either the Complainant or the Respondent may appeal (1) the dismissal of a Formal Complaint or any of its allegations, (2) a determination of responsibility, and/or (3) any sanctions imposed, in accordance with the procedures outlined in this section of the Policy.  

An appeal to the appeals officer (or their designee) must be submitted in writing or by video within seven (7) business days of the Notice of Outcome and must be based on one or more of the grounds listed below.

The appeal review will be limited to the stated grounds. The appealing party must provide a rationale and supporting information or documentation. The appeals officer will share the appeal materials with the other party, who may submit a written response within seven business days; that response will also be shared with the appealing party.

2.     Grounds for Appeal

The purpose of the appeal is not to initiate a review of substantive issues of fact, or a new determination of whether a violation of Gallaudet’s rules has occurred. Dissatisfaction with the outcome determination is not grounds for appeal.

Appeals are limited to the following grounds:

1. Procedural irregularity that affected the outcome of the matter;
2. 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
3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) 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.
4. The sanction was clearly inappropriate and/or disproportionate to the conduct for which the person was found responsible.

3.     Appeal Officer

Appeals will be reviewed by the appropriate university administrator as follows: 

Student Respondent: Chief Student Affairs Officer or designee.

Faculty Respondent: Appeals to the first three grounds listed above will be directed to the Provost, while appeals on the sanction(s) imposed will go directly to the Faculty Senate Chair.  Refer to the Faculty Handbook for more information.

Staff or Related Third Party Respondent: The appropriate staff divisional senior administrator or Provost (or their designee).

4.     Appeal Review

The appeals officer will first check whether the appeal was submitted on time and whether it is based on an approved reason for appeal. If it is not, the appeal will be denied.

In most cases, the appeal review will be limited to the investigation report, related documents, and the hearing recording. The appeals officer may consider new evidence that was not reasonably available at the time of the original decision or whether a sanction was clearly inappropriate. The appeals officer may also consult with University officials as needed and will decide how much weight to give the information reviewed.

A written decision will be issued within seven (7) business days, unless there are exceptional circumstances. All parties will receive a Notice of Appeal Outcome at the same time, explaining the decision and any next steps. Notice will be provided in writing, either in person or by University-issued or approved email.

5.     Sanctions Status During Appeal

Any sanctions resulting from the hearing will be paused while an appeal is pending. Supportive measures may be reinstated in accordance with the University’s supportive measures procedures.

When the original sanctions include separation, the University may place holds on transcripts, diplomas, graduation, or course registration until the appeal process is complete.