Equal Opportunity Programs (EOP)

Office of Equal Opportunity Programs and Title IX

Authority: Administrative Policy 3.18

EOP.01: Discrimination and Retaliation Complaint and Resolution Procedures

Effective: August 1, 2024

Commitment to Resolution

Gallaudet University is committed to taking appropriate action against those who violate this policy. 

Individuals should clearly object to any form of harassment, discrimination, or retaliation. Complaints regarding Student Handbook violations should be made pursuant to the Office of Student Conduct procedures, and Sexual Misconduct and related retaliation violations should be made pursuant to the Sexual Misconduct or Title IX procedures; all other complaints should be made to:

Director of Office of Equal Opportunity Programs (EOP)

800 Florida Avenue, NE; Washington, DC 20002

Telephone:

202-651-5462 [voice];

202-559-5683 [videophone]E-mail: Click to reveal email. 

Complaints should be made in writing, and individuals are strongly encouraged to file them within 45 days of the alleged discrimination, harassment, or retaliation. In certain circumstances, at the discretion of EOP, complaints outside of this time limit or not put in writing may be investigated.

To raise complaints of discrimination, harassment, or retaliation, EOP offers several options that may be appropriate depending on the circumstances surrounding the alleged conduct:

●      Inquiry: Individuals who feel they are being treated unfairly or adversely because of a Protected Characteristic or engagement in protected activity should feel free to contact the Director of EOP to talk through the situation and may do so without necessarily initiating a formal complaint, provided that EOP reserves the right to initiate an investigation if it is determined that it has a duty to do so based on the nature of the alleged conduct.

●      Informal Resolution: This process may be used as a prelude to filing a formal complaint or as an alternative to filing a formal complaint, if appropriate under the circumstances. The informal process is optional and does not require filing a formal complaint. This process consists of gathering information to resolve a disagreement without filing a formal complaint. Similar to the inquiry process, EOP reserves the right to initiate an investigation at any time in lieu of, during, or after an informal process if warranted under the circumstances.

●      Formal Investigation: The process of the EOP investigating a case of alleged discrimination and deciding as to whether or not discrimination and/or policy violation occurred, and, where appropriate, providing a resolution to the complaint.

Procedures

Complaint Procedure

Discrimination, harassment, or retaliation complaints that do not involve the Student Code of Conduct, Sexual Misconduct, or Title IX shall be filed with the Office of Equal Opportunity Programs (EOP), and preferably should be in writing. The written complaint must be signed by the complainant, identify the respondent(s), fully describe the alleged act(s) of discrimination, harassment, or retaliation along with relevant dates/times, and inform EOP whether it is seeking an inquiry, informal resolution or formal investigation.

If a complaint falls within the University’s Student Code of Conduct policies and procedures regarding student handbook violations, located at this link, those policies and procedures will be followed.

If a complaint falls within the University’s Sexual Misconduct or Title IX policies and procedures regarding sexual misconduct (which includes sexual harassment), located at the Sexual Misconduct or Title IX procedures, those policies and procedures will be followed. Otherwise, the following procedures will be followed.

As used herein “complaint” is synonymous with “grievance. Individuals filing complaints internally will be:

●      Informed of and provided a copy of University policies on non-discrimination, harassment, and/or retaliation;

●      Asked if they wish to pursue the complaint on a formal or informal basis, or participate in dispute resolution; and;

●      Advised that they have the right not to be retaliated against for bringing the complaint or participating in the complaint proceedings, and that they should immediately raise issues of retaliation with EOP or, if they believe that raising the issue with EOP would be inappropriate, with Human Resources.

Any supervisor who has witnessed or becomes aware of alleged discrimination (including prohibited harassment), or who receives a complaint of discrimination (including prohibited harassment), or who witnesses, becomes aware of, or receives a complaint of retaliation, must promptly report the matter to the Director of Equal Opportunity Programs. Likewise, an employee or student who witnesses or becomes aware of alleged discrimination, harassment, or retaliation should immediately report such behavior to the appropriate department head, supervisor or EOP. 

EOP will review the situation to determine what interim steps, if any, are necessary to prevent retaliation or conflict during the pendency of an investigation, such as placing the alleged wrongdoer on paid administrative leave.

Confidentiality

While complete confidentiality cannot be guaranteed, confidentiality will be maintained to the extent possible which also allows Gallaudet to adequately address the matter. Complainants, respondents, witnesse,s and other parties involved in a complaint of discrimination will be requested to refrain from disclosing information about a complaint or investigation under this policy to protect the confidentiality and privacy interests of those involved.

Timelines

As noted above, complaints should be in writing and individuals are strongly encouraged to file them within 45 days of the alleged discriminatory action.

The date in which the Office of Equal Opportunity Programs receives a written complaint (which can be a request for an inquiry or informal resolution) shall be referred to as the Date of Complaint. The Office of Equal Opportunity Programs will make every reasonable attempt to adhere to the time limits as set forth in these procedures. However, circumstances may necessitate the need to extend the time set forth in these procedures for investigations. Therefore, the extensions of time limits are at the discretion of the Director of Equal Opportunity Programs.

In the case of a currently enrolled student, specified time limitations refer to the academic year, September through May. If a student presents a grievance in June or the alleged incident allegedly occurred during the summer months, the time calculation may be suspended between the end of the academic year and the opening of the following academic year in September. In such a situation, the recommended 45-day timeframe would begin the first day of the academic year. In addition, time limitations do not include official University holidays or other closures during the regular academic year. The term “days” refers to days when the University is open for business.

Jurisdiction Decision

The Office of Equal Opportunity Programs will determine whether issues raised in the complaint fall within the purview of these procedures within 15 working days after receiving the written complaint. 

If the allegations fall within the purview of these procedures, the Director of Equal Opportunity Programs will meet with the complainant to discuss next steps and obtain additional information relevant to the investigation.

Dispute Resolution 

The complainant may authorize the Office of Equal Opportunity Programs to utilize dispute resolution techniques, such as mediation, at any stage of the complaint process, and EOP will determine whether such techniques are appropriate under the circumstances, including the procedures found in the Administration and Operations Manual 4.41. These dispute-resolution attempts will focus on resolving the conflict through mediation, managing the conflict, and empowering the parities to devise a settlement agreement.

Investigative Process 

After a formal complaint is received and found to fall within the purview of these procedures, the Director of Equal Opportunity Programs may notify the Office of General Counsel (“OGC”) and administrators, where appropriate, of the complaint as soon as possible.

The Director of Equal Opportunity Programs (or their designee), in consultation with the OGC as needed, will determine whether an investigation is warranted and if so, will commence an investigation. OGC may provide legal advice to the University regarding the nature of any investigation and other matters related to the complaint.

Ordinarily, the Director of Equal Opportunity Programs (or their designee) will inform the complainant within 30 days of submission whether or not the complaint will be investigated pursuant to this policy.

If an investigation is conducted: (1) the investigation will be completed promptly, and typically within 90 calendar days of the filing of the complaint, absent extenuating circumstances; (2) the respondent will be permitted to respond in writing to the allegations; (3) both the complainant and respondent may submit relevant documentation for consideration by the investigator. Modifications will be made to these procedures if the respondent is not an employee of the University. 

At the conclusion of its investigation, the Director of Equal Opportunity Programs shall ordinarily notify the complainant and respondent whether any University policy was violated. Please note that EOP information regarding disciplinary sanctions (if any) are not shared with the complainant due to privacy rights of the respondent. Where appropriate, the appropriate Administrative Officer will be advised regarding the results of the investigation and has the authority to render disciplinary action or approve, negotiate, or deny redress to resolve the complaint. 

Filing a False Complaint or Retaliating Against Participants in the Complaint Process

Retaliating against participants in these proceedings is prohibited. The Office of Equal Opportunity Programs will use the same notification and process guidelines outlined in the discrimination complaint procedure for claims of retaliation. 

Similarly, filing a complaint that is intentionally false or made maliciously without regarding for the truth is considered a serious act of misconduct, which is subject to disciplinary action up to and including termination of employment. 

Alternative Complaint Procedures

●      The complainant shall use the Office of Equal Opportunity Programs complaint procedures for an internal claim of illegal discrimination or retaliation unless another procedure is specifically required or permitted by union contract. Should the complainant elect to use any other internal grievance procedure, s/he may not use the procedure used by the Office of Equal Opportunity Programs for the same complaint.

●      Any person who believes that s/he has been discriminated against may contact one of the following agencies listed below for advice, assistance, and explanation of filing deadlines:

●      U.S. Equal Employment Opportunity Commission

●      D.C. Human Rights Commission

●      U.S. Department of Education, Office of Human Rights

Office of Equal Opportunity Programs and Title IX

Authority: A&O Policies 3.18 and 3.19

EOP.02: Gallaudet University Sexual Harassment and Misconduct Policy (Covering Title IX and Non-Title IX Matters)

Effective: August 1, 2024

I.              STATEMENT

Gallaudet University is committed to maintaining an environment free from sex harassment, sexual misconduct, and retaliation, consistent with its obligations under Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, Clery Act, D.C. Human Rights Act, and other applicable federal and state laws. The University recognizes that a community free from such misconduct supports a thriving, inclusive, and productive educational and workplace environment. Accordingly, Gallaudet responds promptly and equitably to all reports of conduct that may constitute a violation of Title IX. These procedures set forth the University’s process for addressing such reports in compliance with federal regulations and institutional policy.

II.            SCOPE

This Policy applies to faculty, teachers, staff, students, and third parties participating or attempting to participate in Gallaudet University and/or Clerc Center education programs or activities, including employment.

This Policy is applicable to alleged incidents of sexual harassment or misconduct within the scope of Gallaudet and/or Clerc Center education programs or activities in the United States, whether on or off campus.

Allegations of sex discrimination and other misconduct on the basis of sex that are not covered by this Policy may be governed by other university policies, as appropriate, including but not limited to: Student Conduct Code, Discrimination Policy, Faculty Handbook, and the Administration and Operation Manual.

III.          NOTICE OF NON-DISCRIMINATION

Consistent with the University’s Discrimination Policy, the University does not unlawfully discriminate against any person in any of its education or employment programs and activities, including admissions, on any basis prohibited by federal law, the District of Columbia Human Rights Act or other applicable law, including on the basis of sex or gender, and it does not tolerate discrimination or harassment on the basis of sex or gender. The university complies with Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in the university’s programs and activities; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA), which, with Title IX, governs this Policy related to the university’s response to sexual assault, dating violence, domestic violence and stalking; Title VII of the Civil Rights Act of 1964 (“Title VII”), which prohibits discrimination on the basis of sex in employment; the District of Columbia Human Rights Act; and other applicable law.

Concerns about the University’s application of Title IX may be addressed to the University’s Title IX Coordinator (at Click to reveal email); the United States Department of Education, Clery Act Compliance Division (at clery@ed.gov); the United States Department of Education, Office for Civil Rights (at OCR@ed.gov or 800-421-3481); and/or the Equal Employment Opportunity Commission (at info@eeoc.gov or 800-669-4000) (for employee-on-employee conduct).

IV.          DEFINITIONS

Key terms related to this Policy are defined throughout the text of the Policy and in Appendix A.

V.            IMMEDIATE ASSISTANCE, RESOURCES, AND KEY PERSONNEL

In addition to reporting to the University (as described in Section IX (Reporting Sexual Harassment/Conduct) below), individuals may access the following resources for support, information, and assistance.

Emergency and Medical Assistance

Individuals who experience sexual misconduct are encouraged to seek immediate medical attention and support regardless of whether a report is made to the University or law enforcement. Local medical facilities where sexual assault forensic exams (SAFE) are offered:

·      DC Forensic Nurse Examiners (DCFNE), accessed through the DC Victim Hotline — call or text 844-4HELP-DC (844-443-5732) to request a free, confidential medical forensic examination or learn about options. DCFNE exams are provided in Washington, D.C., including through MedStar Washington Hospital Center. Website: https://www.dcfne.org/forensic-exams

·      For immediate emergency medical care, call 911 or go to the nearest hospital emergency department and ask to be connected to DCFNE if seeking a forensic examination.

If you would like financial assistance for transportation, please contact DPS immediately.

·      Gallaudet Student Health Services can provide non-emergency medical care, support, and referrals, but does not conduct sexual assault forensic exams or SAFE examinations. Website: https://gallaudet.edu/student-affairs/student-health-services/.

Sexual Misconduct Resources Providers

The University provides access to on-campus and off-campus sexual misconduct resource providers, including but not limited to:

• University Confidential Resource Advisors (CRAs) (See Section X (Confidential Resource Advisors) for more information);

·       University Confidential Resources (see Section IX (Reporting Sexual Harassment/Misconduct) for more information)

o   Student Health Services — https://gallaudet.edu/student-affairs/student-health-services/ 

o   Counseling and Psychological Services (CAPS) — https://gallaudet.edu/counseling-psychological-services/ 

o   Employee Assistance Program — https://gallaudet.edu/human-resources/benefits/employee-assistance-program/ 

o   Office of Campus Ministries — https://gallaudet.edu/student-center-program-services/office-of-campus-ministries/

Additionally, there are community-based organizations offering legal, medical, counseling, and advocacy services:

• Volare (https://www.volare-empowers.org/)
• The Victim Legal Network of DC (https://www.volare-empowers.org/vlndc)
•  DC Rape Crisis Center (https://www.dcrcc.org/)
•  DC SAFE (https://www.dcsafe.org/)
• The DC Coalition Against Domestic Violence (https://dccadv.org/)
• DAWN (www.deafdawn.org)

24-Hour Hotlines

• DC Victim Hotline — call or text 844-4HELP-DC (844-443-5732), https://dcvictim.org/ 
• DC Rape Crisis Center Hotline — 202-333-RAPE (7273); https://www.dcrcc.org/
•  National Domestic Violence Hotline — 800-799-SAFE (7233), text START to 88788; https://www.thehotline.org/.

Financial Assistance and Emergency Support

The following programs may help cover emergency medical costs or related travel

• DC Crime Victims Compensation Program, DC Superior Court, 515 5th Street NW, Room 104, Washington, DC 20001; 202-879-4216; https://www.dccourts.gov/superior-court/superior-court-divisions/crime-victims-compensation-program 
• DC SAFE may assist eligible survivors with crisis intervention and emergency safety resources through the DC Victim Hotline; https://www.dcsafe.org/.

VI.          JURISDICTION OF THE UNIVERSITY

The University has jurisdiction over a sexual harassment matter if a Complainant is participating in or attempting to participate in an education program or activity of the University. The University has jurisdiction over a Respondent only if they are enrolled or employed at the University. This jurisdiction includes online conduct when the behavior occurs in, affects, or involves the University’s education programs, activities, networks, or technology.

For matters involving when a student or employee withdraws or resigns during a pending matter, see Section XIV (Nonparticipation, Withdrawal or Resignation While Charges Pending). 

VII.        TITLE IX V. NON-TITLE IX CONDUCT

This policy establishes a unified framework for addressing sexual harassment through two distinct procedures: the Title IX Sexual Harassment Grievance Procedures (EOP.03) and the Sexual Misconduct Grievance Procedures (EOP.04).

The Title IX Grievance Procedure (EOP.03) applies to allegations of sexual harassment that fall within the jurisdiction of Title IX as defined by federal regulations. The University’s Sexual Misconduct Grievance Procedure (EOP.04), by contrast, addresses sexual misconduct or harassment not covered under Title IX.

EOP.03 applies when all of the following are true:

·       The alleged conduct meets the federal definition of Title IX sexual harassment.  Under Title IX, this includes any of the following categories:

o   Quid pro quo harassment by an employee, in which a person is asked to provide sexual conduct in exchange for a University benefit;

o   Severe, pervasive, and objectively offensive unwelcome conduct on the basis of sex that effectively denies a person equal access to the University’s education program or activity; or

o   Sexual assault, dating violence, domestic violence, or stalking as defined by the Clery Act and the Violence Against Women Act (VAWA);

·       The alleged conduct occurred within the University’s education program or activity, including locations, events, or circumstances over which the University exercised substantial control;

·       The alleged conduct occurred within the United States; and

·       The complainant is participating in or attempting to participate in a University program or activity at the time of the complaint.

Allegations of sexual misconduct or harassment that do not meet the above criteria will be addressed under EOP.04. If the conduct falls outside the scope of this Policy or is more appropriately addressed elsewhere, the matter may be administratively closed or referred to the relevant University office (such as Human Resources, Student Accountability and Restorative Practices, or Dean of Faculty) Please note that jurisdiction for student conduct matters will follow the Student Handbook. All other conduct matters will follow the jurisdiction outlined in A&O 3.18: Discrimination. 

Together, EOP.03 (Title IX) and EOP.04 (Sexual Misconduct) provide comprehensive procedures to ensure that all reports of sexual misconduct are addressed appropriately.

VIII.     ROLE OF THE TITLE IX COORDINATOR

The Title IX Coordinator oversees the University’s response to all reports of sexual harassment and related conduct by providing education and on Title IX, the Clery Act and sexual harassment, maintaining compliant policies, communicating reporting options and resources, directing supportive measures, ensuring prompt and equitable investigations and resolutions, and monitoring the effectiveness of these efforts to maintain an environment free from discrimination, harassment, and retaliation.

The University designates the Title IX Coordinator to administer the Title IX Sexual Harassment Grievance Procedures (EOP.03) and the Sexual Misconduct Grievance Procedures (EOP.04).

The Title IX Coordinator may delegate responsibilities to designated administrators or external professionals with appropriate training or experience. References to “Title IX Coordinator” in this Policy may include such designees.

IX.          REPORTING SEXUAL HARASSMENT/MISCONDUCT

The University encourages all individuals to promptly report sexual harassment and sexual misconduct to the Title IX Coordinator and law enforcement. 

A Complainant has the right to report, or decline to report, potential criminal conduct to law enforcement. Under limited circumstances, when there is a threat to the health or safety of any individual, or when required by applicable law, the University may independently notify law enforcement. 

Reports and Formal Complaints

Anyone who experiences or learns of possible sexual harassment or misconduct can make a report to the University.

A report provides Notice of an allegation or concern of sexual harassment or misconduct so that the Title IX Coordinator can reach out to offer information, resources, and supportive measures.

If a Complainant wants the University to begin an investigation or other appropriate resolution process, then they must file a Formal Complaint. Someone can first make a report and decide later to file a Formal Complaint. Making a report does not require filing a Formal Complaint.

Reports or Formal Complaints may be made by:

·       Contacting the Title IX Coordinator by phone, email, or mail.

·       Using the University’s online reporting form — one for students and another for employees, visitors, and other community members.

A Formal Complaint means a written or electronic document (such as an email or online submission) that is signed or otherwise clearly submitted by the Complainant, asking the University to investigate the allegations. 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.

The University generally honors a Complainant’s choice not to file a Formal Complaint. However, in some cases, such as repeated behavior, serious allegations, or safety risks, the University may need to start an investigation or take other action. The University will respect the Complainant’s privacy as much as possible and will still offer supportive measures whether or not a Formal Complaint is filed.

Within any resolution process related to this policy, Gallaudet University provides reasonable accommodations to persons with disabilities and religious accommodations, when that accommodation is consistent with state and federal law.

Anonymous Reports

Anonymous reports are accepted, but they may limit the University’s ability to investigate or provide support if identifying information is not provided.

Time Limit

There is no time limit for reporting alleged sexual misconduct, provided the University maintains jurisdiction over the Respondent as defined in the scope of this Policy. The version of the Policy in effect at the time of the alleged conduct will apply.

The University strongly encourages community members and third parties to report alleged sexual misconduct as promptly as possible. Timely reporting allows the University to respond promptly and effectively, offer a broader range of supportive measures, and conduct a more thorough and reliable review.

Delays in reporting may limit the availability of information or witnesses and may affect the University’s ability to enforce this Policy. If the Respondent is no longer a student or employee at the time of the report, the University’s ability to complete the process or impose disciplinary action may be limited. However, the University will still take steps to:

·       Provide supportive measures to the Complainant;

·       End any prohibited conduct;

·       Prevent its recurrence; and

·       Address its effects on the community.

The University may also assist the Complainant in identifying external reporting options and provide other support as appropriate.

Duty to Report

With limited exceptions, all employees, including student-employees, are Mandated Reporters. Mandated Reporters are required to promptly report all known details of actual or suspected sex discrimination, sex-based harassment, and/or retaliation to the Title IX Coordinator. University members who have a duty to report sexual harassment may be subject to discipline or corrective action for failing to fulfill this obligation. 

Mandated Reporters do not include those employees designated as Confidential Employees and those conducting human subjects research as part of a study approved by Gallaudet University’s Institutional Review Board.

Confidential Resources

Certain University employees and offices are designated as “Confidential,” meaning they will not share personally identifying information with the Title IX Coordinator or the University without the individual’s consent. Speaking with these resources will not trigger a report to the Title IX Coordinator. The University’s Confidential Resources include:

·      Student Health Services

·      Counseling and Psychological Services

·      Employee Assistance Program

·      Office of Campus Ministries

X.            CONFIDENTIAL RESOURCE ADVISORS

The University designates Confidential Resource Advisors (CRAs) to provide support to students and employees who experience sexual misconduct.

CRAs provide emergency and ongoing support to individuals impacted by sexual misconduct. CRAs are not empowered to provide supportive measures. 

A CRA can, however:

·      Provide confidential guidance on available resources and supportive measures;

·      Explain reporting options, including how to file a Formal Complaint or report to law enforcement;

·      Assist in accessing medical care, counseling, academic accommodations, and other support services;

·      Accompany and support individuals during administrative proceedings related to sexual harassment or misconduct as an advisor, if requested; and

·      Connect individuals with community-based advocacy organizations.

CRAs do not:

·      Provide counseling or therapy while acting in the CRA capacity; and

·      Support more than one party involved in the same allegation of sexual harassment or misconduct.

CRAs will not share information about a report with the Title IX Coordinator, law enforcement, or other University officials without the individual’s consent, except as required by law (such as in cases involving minors or imminent safety threats).

Speaking with a CRA does not initiate a University investigation or disciplinary process. Individuals may choose whether and when to make a formal report.

All designated CRAs shall receive training prior to assuming CRA duties and on an annual basis thereafter.

The following are the University’s designated CRAs:

·       Teri Wood-Apodaca, Senior Athletic Trainer

·       Ursula Schultz, Manager

·       Allison Gibbons, Manager, Dual Enrollment

XI.          RETALIATION

The University does not allow retaliation against anyone who reports sexual harassment, helps with a report, or takes part in an investigation.

Retaliation means negative actions like threats, intimidation, harassment, or discrimination that happen because someone:

·       Reported or opposed harassment,

·       Helped with a complaint,

·       Refused to participate in a complaint process, or

·       Opposed what they reasonably believed was sexual harassment.

For it to be considered retaliation, the behavior must be serious enough to discourage a reasonable person from reporting or participating.

Charging an individual with a Policy violation for making a materially false statement, in bad faith, in the course of the University’s complaint process or in response to a complaint does not constitute retaliation. 

XII.        AMNESTY

Mandatory Amnesty:

1) Amnesty for Substance Use and Related Conduct: A student or witness who reports an incident of sexual misconduct to the University or to local or federal law enforcement shall not be subject to a disciplinary proceeding or sanction for voluntary use or possession of illegal drugs or alcohol, or for consensual sexual activity, that occurred immediately preceding, during, or immediately following the incident of sexual misconduct, unless the University determines that the report was not made in good faith or that the violation put at immediate risk the health and safety of other individuals.

(2) Broader Protection for Consensual Sexual Activity: In addition to the protections in paragraph (1) above, the University shall not take disciplinary action against any student for consensual sexual activity, whether related to the reported incident or unrelated, that is revealed during an investigation of sexual misconduct, regardless of when such activity occurred. This protection applies even if the consensual sexual activity did not occur immediately before, during, or after the reported incident and is not subject to the good faith or health and safety exceptions in paragraph (1).

Discretionary Amnesty for Other Violations:

In addition to the mandatory protections described above, the University may offer amnesty for other minor policy violations that occurred at or near the time of the incident to those who report sexual misconduct in good faith or who participate as witnesses in sexual misconduct proceedings, in compliance with University policies. Amnesty under this discretionary provision does not apply to serious violations such as conduct that poses a significant threat to community safety. Decisions regarding discretionary amnesty will be made on a case-by-case basis consistent with relevant University policies.

Educational and Supportive Measures:

While disciplinary action will not be taken for violations covered by this amnesty policy, the University may provide education, support, or other non-disciplinary follow-up as appropriate to promote student wellbeing and community safety.

When Amnesty Does Not Apply:

If Gallaudet determines that a report was not made in good faith or that the related conduct posed an immediate risk to the health and safety of others, then the amnesty protections under this section do not apply.

XIII.     SUPPORTIVE MEASURES, EMERGENCY REMOVAL & ADMINISTRATIVE LEAVE

Supportive Measures

When the University receives a report or Formal Complaint of discrimination, harassment, retaliation, or other prohibited conduct, it will offer supportive measures to those involved.

Supportive measures are non-disciplinary, non-punitive services designed to help individuals continue to access the University’s programs and activities safely. These measures are offered free of charge and are based on the needs and wishes of the individuals involved.

Examples of supportive measures include:

·       Referrals to counseling, medical, or community resources

·       Changes to class schedules, housing, or work arrangements

·       Academic or workplace support and deadline extensions

·       Safety planning, campus escorts, or transportation assistance

·       No-contact directives or other protective steps

·       Increased monitoring or security where needed

Supportive measures are available whether or not a Formal Complaint is filed. The University will explain in writing that a Formal Complaint can be filed at any time. The University will also keep supportive measures confidential as much as possible while still providing them effectively.

The University will work to minimize any academic or work impact and will not impose measures that unreasonably burden another person. Violations of no-contact orders or other restrictions may lead to disciplinary action.

Emergency Removal and Administrative Leave

Student Respondents

The University may remove a student respondent from its education program or activities on an emergency basis if an individualized safety and risk assessment determines that the student poses an immediate threat to the physical health or safety of any University community member. This assessment is conducted by the Behavioral Intervention Team using standard risk assessment procedures.

A student subject to emergency removal will be provided notice and an opportunity to challenge the decision promptly following the removal. Failure to request this meeting in a timely manner will result in a waiver of any objections. The Complainant and their Advisor may be permitted to participate in the meeting if the Title IX Coordinator determines it is equitable.

The student may be accompanied by an Advisor of their choice and will receive a written summary of the basis for the removal prior to the meeting to allow adequate preparation. The Title IX Coordinator has sole discretion to implement or stay an emergency removal and to determine its conditions and duration. Violation of an emergency removal may result in disciplinary action, up to and including expulsion.

Employee Respondents

Employees are subject to existing University procedures for interim actions or administrative leave.

XIV.      NONPARTICIPATION, WITHDRAWL OR RESIGNATION WHILE CHARGES PENDING

Students:

If a student has an allegation pending for violation of the Policy, Gallaudet may place a hold on a student’s ability to graduate and/or to receive an official transcript/diploma.

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

If a student Complainant takes academic leave of absences or withdrawal with an express intention to register for courses as usual at the end of the leave period or beginning of the next semester, respectively, a pending matter may remain open at the University’s discretion. If a student Complainant permanently withdraws during a pending matter it will be dismissed. 

Employees:

Should an employee Respondent resign with unresolved allegations pending, the resolution process ends, as Gallaudet no longer has disciplinary jurisdiction over the resigned employee.

However, Gallaudet will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged harassment or retaliation.

The employee who resigns with unresolved allegations pending is not eligible for rehire with Gallaudet, and the records retained by Human Resources will reflect that status.

All Gallaudet responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.

XV.        GRIEVANCE RESOLUTION

The University has separate grievance resolution procedures depending on the type of alleged misconduct:

·       The grievance resolution procedure for alleged Title IX Sexual Harassment is outlined in EOP.03 (Gallaudet University Title IX Sexual Harassment Grievance Procedures).

·       The grievance resolution procedure for alleged non-Title IX Sexual Misconduct is outlined in EOP.04 (Gallaudet University Sexual Misconduct Grievance Procedures).

This policy sets forth the general principles guiding all grievance processes, including both Title IX and non-Title IX matters:

1.     Standard of Evidence – Gallaudet uses the preponderance of the evidence standard of evidence when determining if a policy violation occurred. This means the University will decide whether it is more likely than not, based on the available information at the time of the decision, that the Respondent violated the policy.

2.     Objective Review Process – The University will conduct an objective evaluation of all relevant evidence obtained during any formal investigation.  This includes both 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.

By default, the Respondent is presumed not responsible unless the evidence shows otherwise.

3.      Impartiality – Any individual involved in handling a resolution process (including the Title IX Coordinator, Investigator(s), and Decision-maker(s)) must be free from any conflicts of interest or bias towards any party generally, or specifically towards Complainant or Respondent.

The Title IX Coordinator checks that Investigators are impartial. If a party feels there is bias or a conflict, they can raise the concern at any time. If the concern is valid, a new Investigator will be assigned. If the Coordinator is the concern, it should be reported to the Executive Director of Belonging & Engagement. Parties will have an opportunity to object to Decision-makers based on bias or conflict of interest before the hearing, as outlined in the relevant procedures.

4.     Privacy and Confidentiality – The University strives to protect the privacy of all individuals involved in reports of discrimination, harassment, retaliation, or sexual misconduct. Identities of reporters, respondents, and witnesses are shared only as required by law or to conduct an official investigation or resolution. Information provided to Confidential Resources remains fully confidential; otherwise, access is limited to those with a legitimate need to address the report.

The University recognizes that parties may request confidentiality. While such requests will be honored whenever possible, the University may need to investigate to maintain a safe and nondiscriminatory environment. When confidentiality cannot be fully maintained, the University will consult with the individual and provide updates throughout the process.

All parties and their advisors are expected to maintain the confidentiality of information shared during investigations or resolutions. Individuals may share their own experiences but should consider the sensitivity of the information and consult their advisors as appropriate.

Intake Process

Upon receipt of a report under this Policy, the Title IX Coordinator or designee will conduct an intake process to assess the report and determine the appropriate course of action. The intake process includes, as applicable:

·       Assessing whether the reported conduct may reasonably constitute a violation of this Policy and determining which resolution procedure applies (Title IX Sexual Harassment or Non–Title IX Sexual Misconduct);

·       Determining whether the University has jurisdiction over the reported conduct;

·       Offering and coordinating supportive measures for the Parties;

·       Notifying the Complainant, or the individual who submitted the report, of the available resolution options and resources;

·       Determining whether the Complainant wishes to file a Formal Complaint; and

·       If a Formal Complaint is filed, notifying the Respondent and advising them of the available resolution options.

The intake process also serves to assist the Complainant in understanding available procedures and to address any immediate needs or safety concerns. The Title IX Coordinator retains the discretion to determine whether, and under which procedure, the University will initiate a resolution process in accordance with this Policy.

Dismissal (Mandatory and Discretionary) 

Dismissal criteria for Title IX and Non-Title IX complaints are set forth in the applicable procedures.

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 in the relevant procedures.

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

XVI.      FAILURE TO COMPLY WITH SANCTIONS, REMEDIES OR RESPONSIVE ACTIONS

Respondents must complete all assigned sanctions, responsive actions, or corrective actions within the timeframe set by the final decision-maker, including any appeal decision.

Failure to comply by the specified deadline may result in additional action, up to and including suspension, expulsion, or termination from the University.

Any suspension will remain in effect until the Respondent has complied to the satisfaction of the Title IX Coordinator.

XVII.   TRAINING

Students

The University makes reasonable efforts to require every undergraduate student to complete at least two sexual misconduct awareness and prevention training, one of which will take place during their first year and the other will take place before their fourth year.

This training includes:

·       An explanation of consent in reference to sexual activity and sexual relationships;

·       Examples of physical and mental incapacitation, including effects of drugs and alcohol;

·       Written information on preserving evidence and reporting options, including confidential and anonymous disclosure, with limitations explained;

·       Institutional procedures for resolving complaints, informal resolution options, and possible sanctions;

·       The role and limitations of confidential resource advisors and their names and contact information;

·       Bystander intervention strategies;

·       Institutional responsibilities regarding protection orders, no contact orders, and restraining orders;

·       Opportunities for ongoing awareness and prevention programming;

·       A list of updated off-campus sexual misconduct resources, coordinated with District sexual assault and domestic violence coalitions.

Employees, Generally

All University employees must receive annual training on sexual harassment and misconduct. This training is required:

·       Upon hire

·       Annually thereafter

·       Whenever an employee’s responsibilities change in a manner that affects their Title IX duties

All Employee Training must include:

·       The University’s obligation to address sex discrimination under Title IX

·       The scope of conduct that constitutes sex discrimination, including sex-based harassment

·       Employee reporting duties and obligations as Mandated Reporters

·       How to respond supportively to disclosures of sexual misconduct

·       Obligations when a student discloses pregnancy or related conditions

·       The University’s sexual misconduct policy and procedures

·       Available resources and supportive measures

Those Involved with Responding to Reports

The University will provide annual training to individuals involved in responding to reports of sexual harassment and misconduct, including Title IX Coordinators, investigators, decision-makers, and individuals who facilitate alternative or informal resolution processes. Training will address:

·      How to work with and interview parties involved in allegations of sexual misconduct;

·      Types of conduct that constitute sexual misconduct;

·      Consent, including the effects of drugs and alcohol on an individual’s ability to consent.

·      The effects of trauma, including neurobiological and physical manifestations.

·      Avoiding assumptions about culpability based on protected categories or social identities.

Techniques for communicating sensitively and compassionately with individuals involved in allegations.

Investigators will receive training on assessing relevance and preparing investigative reports that fairly summarize the evidence. Decision-makers include individuals who determine responsibility, sanctions, or appeals and will receive training on evaluating the relevance of questions and evidence and on any technology used in hearings, as applicable.

Training will promote impartiality, avoid reliance on sex stereotypes, and include a presumption that a respondent is not responsible for alleged conduct unless and until a determination is made under the applicable resolution process.

CRAs will be trained annually regarding sexual misconduct awareness and prevention, appliable Title IX policies, trauma-informed responses, and District laws related to sexual misconduct survivor rights and resources. University employed CRAs will also be trained annually on University policies governing student conduct, sexual misconduct, and sexual relationships.

Training materials will be made publicly available on the University’s website, as required by law.

XVIII. RECORDKEEPING

Gallaudet will maintain for a period of at least seven years records of:

1. Each sexual harassment or misconduct 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 Gallaudet’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 Title IX Coordinators, Investigators, Decision-makers, and any person who facilitates an Informal Resolution process. Gallaudet will make these training materials publicly available on the Title IX website; and
7. Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment or misconduct, including:
1. The basis for all conclusions that the response was not deliberately indifferent;
2. Any measures designed to restore or preserve equal access to Gallaudet’s education program or activity; and
3. If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Gallaudet will also maintain any and all records in accordance with D.C. and federal laws.

XIX.      DISABILITY ACCOMMODATIONS

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

Anyone needing such accommodations or support should contact the Office of Disability Services Center (DSC), the Equal Opportunity Programs (EOP) Office who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.

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: August 1, 2024

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 espondents, 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.

Office of Equal Opportunity Programs and Title IX

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

EOP.04: Gallaudet University Sexual Misconduct Grievance Procedures

Effective: July 1, 2026

I.     INTRODUCTION

These grievance procedures apply to the investigation and resolution of Sexual Misconduct 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.

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 or Sexual Misconduct violation. If it does reasonably allege a Sexual Misconduct violation but not a Title IX violation, the Title IX Coordinator will explain the available options to the complaint as follows:

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

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

(3)  Formal Sexual Misconduct 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. 

If the conduct falls outside the scope of this Policy or is more appropriately addressed elsewhere, the matter may be administratively closed or referred to the relevant University office (such as Human Resources, Student Accountability and Restorative Practices, or the Academic Dean).

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 take 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 must be filed before the University may initiate either Informal Sexual Misconduct Resolution or the Formal Sexual Misconduct Grievance Process.

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

2.     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 alleged Sexual Misconduct until all of the relevant evidence has been examined and a determination regarding responsibility is made at the conclusion of the grievance process.

3.     Dismissal of Formal Complaint

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.

The Complainant may request reconsideration of an administrative case closure by the Title IX Coordinator within seven business days. Requests must be based on either new, relevant information not previously available or a significant procedural error that could affect the outcome.

The Title IX Coordinator will review the request and provide a written decision, typically within one week of receiving it.

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

4.     Withdrawal of Complaint

A Complainant may withdraw a complaint at any time before the conclusion of the investigation by submitting a written request to the Title IX Coordinator. A withdrawn complaint generally may not be refiled. The University reserves the right to proceed with the investigation notwithstanding a withdrawal, particularly where a significant portion of the investigation has been completed or where proceeding is necessary to maintain a safe and non-discriminatory environment — in such cases, the University assumes the role of Complainant and the original Complainant will be informed of the outcome but will have no right to appeal. If the University elects not to proceed, withdrawal of the complaint will end the formal resolution process. 

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 Sexual Misconduct 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 place a hold on graduation and/or the release of official transcripts until the matter is fully resolved, including any appeal. A student with a pending Sexual Misconduct 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 misconduct 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, but is not required to, 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, except that advisors cannot be involved in the matter or process (for example, as a party or witness).

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. Advisors may not speak for a party. Advisors may provide support and guidance to the parties at any meeting or proceeding. Advisors may not 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 a University administrator beforehand to review expectations, privacy requirements, and appropriate decorum.

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.

V.            WRITTEN NOTICE OF SEXUAL MISCONDUCT ALLEGATIONS

When the Formal Grievance Process begins, the Title IX Coordinator (or their designee) will send both parties a written Notice of Sexual Misconduct Allegations explaining that an investigation is starting, who the Complainant is, and what the allegations are.

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.     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 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.

1.     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.

2.     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

3.     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. 

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. 

4.     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.

5.     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.

6.     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

7.     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 sharing the report with the Panel, 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: PANEL REVIEW

1.     Submission for Panel

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

2.     Panel

The Title IX Coordinator or designee will appoint a Panel of three (3) trained faculty and staff members to conduct the review and deliberate responsibility. For cases in which a faculty member is a Respondent, the panel will be comprised of two faculty, one staff member If the Respondent is a member of the University staff, the panel membership composition will include two staff and one faculty. If the Respondent is a University student, the panel membership composition will include a mixture of faculty and staff. If the Respondent is a Clerc Center employee, the panel membership composition will include a mixture of administrators, teachers and/or staff.

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.

3.     Panel Review

The Panel’s review will be limited to the final report submitted by the Investigator. The purpose of the review is not to re-investigate the case and re-interview all parties involved, as persons involved in the case should have already provided all relevant information to the Investigative Team. The Panel will determine what information is relevant to the alleged conduct and to the determination of responsibility. The Panel may contact the Title IX Coordinator and/or the Investigator for clarification of any issue or procedure at any time during the review process.

4.     Determination of Responsibility

The Panel will determine by simple majority vote whether the Respondent is responsible or not responsible to decide using a preponderance of the evidence standard.     

5.     Disciplinary Authority

If the 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.

b. For staff Respondents, the Disciplinary Authority is the 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, who may consult with the Dean or Department Chair.

When a Respondent is found responsible for one or more allegations, the Disciplinary Authority will determine appropriate action based on several factors. These include the nature and impact of the conduct on the complainant and the University community, whether the respondent has accepted responsibility, and the need to maintain a safe and respectful learning environment. The Authority will also consider what actions are necessary to stop the conduct, prevent its recurrence, and address its effects.

A respondent’s prior disciplinary history may be considered when determining sanctions. Previous violations of the Sexual Misconduct Policy may be taken into account if they are substantially similar to the current allegation and demonstrate a pattern of behavior.

6.     Notice of Outcome

The Notice of Outcome, which contains the written determination of responsibility as found by the 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.

X.            FORMAL GRIEVANCE PROCESS: SANCTIONS

Not all forms of sexual misconduct 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 this 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, and other policies or handbooks that may be developed over time, or contracts.

XI.          FORMAL GRIEVANCE PROCESS: APPEALS

1.     Appeal Option

Either the Complainant or the Respondent may appeal (1) a determination of responsibility and/or (2) 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 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.

If a sanction is implemented immediately after the hearing and before an appeal is resolved, the University will follow emergency removal procedures and provide a hearing within 48 hours to review the justification for that action.

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

Authority: Administrative Policy 3.01
EOP.05: Inclusion and Use of the Equal Opportunity Statement
Effective: August 1, 2024

Use of the Equal Opportunity Statement

The Gallaudet University Equal Opportunity Statement (“Statement”) is required to be included on every University publication, including on job postings, and when contractually or legally required to post in conspicuous locations on University property.

Given the practical concerns over space constraints and other considerations, three versions of the Statements are provided below with guidelines on its appropriate use.

Authority: Administrative Policy 3.19
EOP.06: Clerc Center’s Sex Discrimination, Sex-Based Harassment and Retaliation Resolution Process
Effective: August 1, 2024

I. Overview

Clerc Center will act on any notice, complaint, or knowledge of a potential violation of the Sex Discrimination, Sex-Based Harassment, and Retaliation Policy (the “Policy”) received by the Title IX Cooridantor, the Deputy Title IX Coordinator for Clerc Center, or any other Mandated Reporter by applying the Resolution Process below.

The following procedures apply to all allegations of discrimination based on sex, sex-based harassment, retaliation, or other prohibited conduct involving Clerc students, employees, or third parties. For matters where a Clerc employee is a party, without any Clerc student being a party, EOP:05: Gallaudet University’s Sex Discrimination, Sex-Based Harassment and Retaliation Resolution Process will be used.

II. Initial Notice and Pre-investigation Considerations

A. Notice/Complaint

Upon receipt of Notice, a Complaint, or Knowledge of an alleged Policy violation, the Deputy Title IX Coordinator for Clerc (“Clerc Deputy Title IX Coordinator” or “Clerc DITX Coordinator”) will initiate a prompt initial evaluation to determine the Clerc Center’s next steps. If applicable, the Clerc Deputy Title IX Coordinator will immediately report suspected child abuse consistent with the Child and Family Services Agency requirements in the District of Coliumbia. The Clerc Deputy Title IX Coordinator will also contact the Complainant/source of the Notice to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

The Clerc Center may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

B. Incidental Misconduct

Incidental misconduct is defined to include potential violations of other Clerc Center policies not incorporated into the Policy that occur in conjunction with alleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the incidental allegations may be charged along with potential violations of the Policy, to be resolved jointly under these Procedures. In such circumstances, the Clerc DTIX Coordinator may consult with Clerc Center officials who typically oversee such conduct (e.g., Director of Instructional Programs, Director of Student Life, and the Superintendent) to solicit their input as needed on what charges should be filed, but the exercise of incidental charges under these procedures is within the discretion of the Clerc DTIX Coordinator. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the appropriate student handbook (Student Code of Conduct).

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.

C. Age of Consent

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). 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.

D. 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.

E. Initial Evaluation and Supportive Measures

The Clerc DTIX Coordinator conducts an initial evaluation, typically within seven (7) business days of receiving Notice/Complaint/Knowledge of alleged misconduct. See EOP.02 for discussion on Supportive Measures.The initial evaluation typically includes:

• Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
• If the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision herewith. It may then be referred to another process, if applicable.
• Determining whether Clerc Center has jurisdiction over the reported conduct, as defined in the Policy.
• If the conduct is not within The Clerc Center’s jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision. If applicable, the conduct will be referred to the appropriate Student Code of Conduct for resolution.
• Offering and coordinating supportive measures for the Complainant.
• Offering and coordinating supportive measures for the Respondent, as applicable.
• Notifying the Complainant, or the person who reported the allegation(s), of the available resolution options, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process.
• Determining whether the Complainant wishes to initiate a Complaint.
• Notifying the Respondent of the available resolution options, including a supportive and remedial response, the Informal Resolution option, or the Resolution Process, if a Complaint is made.

Helping a Complainant to Understand Resolution Options

If the Complainant indicates they wish to initiate a Complaint (in a manner that can reasonably be construed as reflecting intent to make a Complaint), the Clerc DTIX Coordinator will help to facilitate the Complaint, which will include working with the Complainant to determine whether the Complainant wishes to pursue one of three resolution options:

• A supportive and remedial response, and/or
• Informal Resolution, or
• Administrative Resolution Process.

The Clerc DTIX Coordinator will seek to abide by the wishes of the Complainant but may have to take an alternative approach depending on their analysis of the situation.

If the Complainant elects for the Resolution Process, and the Clerc DTIX Coordinator has determined the Policy applies and that Clerc Centerhas jurisdiction, they will provide the Parties with a Notice of Investigation and Allegation(s), and will initiate an investigation consistent with these Procedures.

If any Party indicates (either verbally or in writing) that they want to pursue an Informal Resolution option, the Clerc DTIX Coordinator will assess whether the matter is suitable for Informal Resolution and refer the matter accordingly.

​​If the Complainant indicates (either verbally or in writing) that they do not want any action taken, the Clerc DTIX Coordinator will take that request under consideration. Typically, for allegations of student-on-student misconduct, no Resolution Process will begin (unless deemed necessary by the Clerc DTIX Coordinator), though the Complainant can elect to start one later, if desired. For allegations of employee-on-student misconduct, the Clerc DTIX Coordinator will typically initiate the Resolution Process, regardless of the wishes of the Complainant.

Clerc DTIX Coordinator Authority to Initiate a Complaint

If the Complainant does not wish to file a Complaint or withdraws all the allegations in a Compliant, the Clerc DTIX Coordinator, who has ultimate discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the DTIX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone’s safety or if Clerc Center cannot ensure equal access without initiating a Complaint. The DTIX Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:

• The Complainant’s request not to initiate a Complaint.
• The Complainant’s reasonable safety concerns regarding initiating a Complaint.

The risk that additional acts of sex discrimination would occur if a Complaint is not initiated.

• The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence.
• The age and relationship of the Parties, including whether the Respondent is a Gallaudet University or Clerc Center employee.
• The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals.
• The availability of evidence to assist a Decision-maker in determining whether sex discrimination occurred.
• Whether the Clerc Center could end the alleged sex discrimination and prevent its recurrence without initiating its resolution process.

If and after considering these and other relevant factors, the Clerc DTIX Coordinator determines that the conduct as alleged present as an imminent and serious threat to the health or safety of the complainant or other persons, or that the conduct as alleged prevents the Clerc Center from ensuring equal access on the basis of sex to its education program or activity, the Clerc Deputy Title IX Coordinator may initiate a complaint.

When the Clerc DTIX Coordinator initiates a Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this Policy.

If the Clerc DTIX Coordinator does initiate the complaint after making this determination, the Clerc DTIX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the complainants safety or the safety of others, including by providing supportive measures.

F. Dismissal

Clerc Center may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met:

1. Clerc Center is unable to identify the Respondent after taking reasonable steps to do so;
   Clerc Center no longer enrolls the Respondent;
2. A Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the Clerc DTIX Coordinator declines to initiate a Complaint; or
3. Clerc Center determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven.

In addition to members of the Title IX Team, as authorized by the Title IX Coordinator, a Decision-maker can recommend dismissal to the Clerc DTIX Coordinator if they believe the grounds are met. A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it.

Upon any dismissal, Clerc Center will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, Clerc Center will also notify the Respondent of the dismissal.

This dismissal decision is appealable by any party.

G. Appeal of Dismissal

The Complainant may appeal a dismissal of their Complaint. The Respondent may also appeal the dismissal of the Complaint if dismissal occurs after the Respondent has been made aware of the allegations. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal. The Chief Administrative Officer or their designee will serve as the Dismissal Appeal Officer.

The Clerc Deputy Title IX Coordinator will notify the Parties of any appeal of the dismissal. If the Complainant appeals, but the Respondent was not notified of the Complaint, the Clerc DTIX Coordinator must then provide the Respondent with a Notice of Investigation and Allegation(s) (NOIA) and will notify the Respondent of the Complainant’s appeal with an opportunity to respond.

The grounds for dismissal appeals are limited to:

1. Procedural irregularity that would change the outcome.
2. New evidence that would change the outcome and that was not reasonably available when the dismissal was decided.
3. The Clerc DTIX Coordinator, Investigator, or Decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

The appeal request must specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more Parties, the Clerc DTIX Coordinator will share the request with all other Parties and provide three (3) business days for other Parties and the Clerc DTIX Coordinator to respond to the request. At the conclusion of the response period, the DTIX Coordinator will forward the appeal, as well as any response provided by the other Parties and/or the Clerc DTIX Coordinator to the Dismissal Appeal Officer for consideration.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the Dismissal Appeal Officer will deny the request, and the Parties, their Advisors, and the Clerc DTIX Coordinator will be notified in writing of the denial and the rationale.

If any of the asserted grounds in the appeal satisfy the grounds described in this Policy, then the Dismissal Appeal Officer will notify all Parties and their Advisors, and the Clerc DTIX Coordinator, of their decision and rationale in writing. The effect will be to reinstate the Complaint.

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Officer has seven (10) business days to review and decide on the appeal, though extensions can be granted at the DTIX Coordinator’s discretion, and the Parties will be notified of any extension.

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

The Dismissal Appeal Officer may consult with the Clerc DTIX Coordinator, Title IX Coordinator (Gallaudet University) and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Clerc DTIX Coordinator will maintain documentation of all such consultation.

H. Violence Risk Assessment

The Clerc Deputy Title IX Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted 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 Clerc Deputy Title IX Coordinator should pursue/sign a 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 advisors, or other student support review team members.

A VRA is performed by the Clerc Deputy Title IX Coordinator or his/her designee in conjunction with the Student Support review team using its standard objective violence risk assessment procedures.

Where a VRA is required by the Clerc Deputy Title IX Coordinator, a Respondent refusing to cooperate may result in a charge of failure to comply within the appropriate student conduct process. If the outcome of a VRA impacts Respondent’s educational placement, then the IEP team will be consulted pursuant with federal law and Clerc policy.

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.

I. Emergency Removal

Student Respondents

The Clerc Center may remove a student Respondent accused of sex discrimination or sex-based harassment, upon receipt of notice or knowledge or at any time during the resolution process, entirely or partially from its education program or activities on an emergency basis when a VRA, as described above, 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.

In all cases in which an emergency removal is imposed, the student Respondent and parent/guardian will be given notice of the action and the option to request to meet with the Clerc 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 Clerc 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 the outcome of a VRA impacts Respondent’s educational placement, then the IEP team will be consulted pursuant with federal law and Clerc policy. 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). See Section Resolution Procedures below.

The Clerc 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 Clerc 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 Clerc 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.

Employee Respondents

Where the Respondent is an employee, existing provisions for interim actions are applicable. Refer to expected employee conduct A&O 1.01 for Gallaudet Employee and A&O 1.13 for Clerc Center employee.

J. Counter-Complaints

The Clerc Center is obligated to ensure that the Resolution Process is not abused for retaliatory purposes. Although the Clerc Center permits the filing of counter-complaints, the Clerc DTIX Coordinator will use an initial evaluation, described above, to assess whether the allegations in the counter-complaint are made in good faith. When counter-complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a violation of the Policy.

Counter-complaints determined to have been reported in good faith will be processed using the Resolution Process below. At Clerc Center’s discretion, investigation of such claims may take place concurrently or after resolution of the underlying initial Complaint.

K. Confidentiality/Privacy

Every effort is made by the Clerc Center to preserve the privacy of reports. The Clerc Center will not share the identity of any individual who has made a report or complaint of discrimination, harassment or retaliation; any Complainant, any individual who has been reported to be the perpetrator of discrimination, harassment or retaliation, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, or grievance proceeding arising under these policies and procedures.

In cases involving suspected child abuse, Clerc will immediately report the matter consistent with the Child and Family Services Agency requirements in the District of Coliumbia.

Unauthorized Disclosure of Information

Parties and Advisors are prohibited from disclosing information obtained by the Clerc Center through the Resolution Process, to the extent that information is the work product of the Clerc Center (meaning it has been produced, compiled, or written by the Clerc Center for purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of the Policy to publicly disclose work product that contains a party or witness’s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions.

L. Parent(s)/Guardian(s) of Minor Students in the Resolution Process

1. Parent/Guardian Role in the Resolution Process

Parent(s)/Guardian(s) have a right to attend Resolution Process meetings with their student, though the student is expected to answer questions on their own behalf, to the extent possible.

2. Records Shared with Parent(s)/Guardian(s)

Parent(s)/Guardians(s) are entitled to the same opportunity as their student to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence.

Parent(s)/Guardian(s) are expected to maintain the confidentiality of the records the Clerc Center shares with them, per theConfidentiality/Privacy section above. Parent(s)/Guardian(s) may not disclose any Recipient work product or evidence the Recipient obtained solely through the Resolution Process for any purpose not explicitly authorized by Recipient.

3. Parent/Guardian Expectations

The Clerc Center generally expects Parent(s)/Guardian(s) to adjust their schedule to allow them to attend Clerc Center meetings/interviews when planned, but the Clerc Center may change scheduled meetings/interview to accommodate a Parent(s)/Guardian(s) inability to attend, if doing so does not cause an unreasonable delay.

The Clerc Center may also make reasonable provisions to allow a Parent(s)/Guardian(s) who cannot be present in person to attend a meeting/interview by telephone, video conferencing, or other similar technologies.

Any Parent/Guardian who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with the Clerc Center’s established rules of decorum will be warned. If the Parent/Guardian continues to disrupt or otherwise fails to respect the limits of their role, the meeting/interview may be ended, or other appropriate measures implemented. Subsequently, the Clerc DTIC will determine how to address the Parent/Guardian’s non-compliance and future role.

M. 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. 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.

1. 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.

2. 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.

3. Pre-Interview Meetings

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

4. 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.

5. Sharing Information with Advisors

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 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 Clerc 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.

Advisors will be asked to sign Non-Disclosure Agreements (NDAs). The Clerc TIX Coordinator may decline to share materials with any Advisor who has not executed the NDA.

If a party requests that all communication be made through their Advisor instead of to the party, the TIX Coordinator will agree to copy both the party and their Advisor on all communications.

6. 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.

7. Expectations of an Advisor

The Clerc Center generally expects an Advisor to adjust their schedule to ensure attendance at 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.

8. 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.

N. Ensuring Impartiality

Any individual materially involved in the administration of the Resolution Process, including the Clerc DTIX coordinator, Investigator(s), and Decision-maker(s), and Appeal Decision-Maker(s). may neither have or demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The Clerc DTIX Coordinator will vet the assigned Investigator(s), Decision-maker(s), and Appeal Decision-Maker(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. At any time during the Resolution Process, the Parties may raise a concern regarding the bias or conflict of interest, and the Clerc DTIX 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 Clerc DTIX coordinator, concerns should be raised with the Title IX Coordinator at Gallaudet University.

The Resolution Process involves an objective evaluation of all available relevant and not otherwise impermissible evidence, including evidence that supports that the Respondent engaged in a Policy violation and evidence that supports 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. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.

III. Resolution Process

This Resolution Process, consisting of Informal Resolution or Administrative Resolution, is the Clerc Center’s chosen approach to addressing sex discrimination, sex-based harassment, retaliation, and Other Prohibited Conduct under the Policy. The process considers the Parties’ preferences but is ultimately determined at the DTIX Coordinator’s discretion.

Resolution proceedings are confidential. All individuals present at any time during the Resolution Process are expected to maintain the confidentiality of the proceedings in accordance with this policy and all other relevant Title IX policies.

A. Resolution Process Options

1. Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Clerc DTIX Coordinator at any time prior to a final determination, or the Clerc DTIX Coordinator may offer the option to the Parties, in writing. 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. Informal Resolution cannot be used for allegations of employee-on-student misconduct.

Before initiation of an Informal Resolution process, Clerc Center will provide the Parties with a Notice of Investigation and Allegations (NOIA) that explains:

• The allegations.
• The requirements of the Informal Resolution process.
• That, prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and to initiate or resume Clerc’s Resolution Process.
• That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution process will preclude the Parties from initiating or resuming the Resolution Process arising from the same allegations.
• The potential terms that may be requested or offered in an Informal Resolution agreement, including notification that an Informal Resolution agreement is binding only on the Parties.
• What information Clerc will maintain, and whether and how it could disclose such information for use in its Resolution Process.

The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker.

It is not necessary to pursue Informal Resolution first in order to pursue an Administrative Resolution Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Administrative Resolution Process.

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Administrative Resolution, should Informal Resolution not be successful.

If an investigation is already underway, the Clerc DTIX Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

Approaches to Informal Resolution

1. Supportive Resolution

The Clerc DTIX Coordinator will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve the Complainant’s access to the Clerc Center’s education program and activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Clerc DTIX Coordinator may also provide reasonable supportive measures for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Clerc DTIX Coordinator does not initiate a Complaint.

2. Educational Conversation

The Complainant(s) may request that the Clerc DITX Coordinator address their allegations by meeting (with or without the Complainant) with the Respondent(s) to discuss concerning behavior and school policies and expectations. Such a conversation is non-disciplinary and non-punitive. Respondent(s) are not required to attend such meetings, nor are they required to provide any information if they attend. The conversation will be documented as the Informal Resolution for the matter, if it takes place. In light of this conversation, or the Respondent’s decision not to attend, the Clerc DTIX Coordinator may also implement remedial actions to ensure that policies and expectations are clear and to minimize the risk of the recurrence of any behaviors that may not align with Policy.

3. Mutual Agreement and Accepted Responsibility

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Clerc DTIX Coordinator will determine whether Informal Resolution is an option.

Only if this Informal Resolution is available, the Clerc DTIX Coordinator will determine whether all Parties and the Clerc Center are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. The Clerc DTIX Coordinator may only agree to sanctions or responsive actions that align with Title IX’s mandate to ensure a prompt, equitable and effective resolution that would effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both for the Complainant(s) and the community.

If an agreement is reached between the Parties and the Clerc DTIX Coordinator, the DTIX Coordinator implements the accepted finding that the Respondent is in violation of The Clerc Center Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Resolution Process will either continue or resume. If Respondent waives further process, refer to Section III.I, below.

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

4. Alternative Resolution

The Clerc Center offers a variety of alternative resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the Clerc DTIX Coordinator or other appropriate Clerc Center officials; and other forms of resolution that can be tailored to the needs of the Parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an alternative resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an alternative resolution process.

The Clerc DTIX Coordinator has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement. The Clerc DTIX Coordinator will assess whether an alternative resolution is appropriate, or which form of alternative resolution may be most successful for the parties.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Clerc DTIX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.

The Clerc DTIX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). The results of Complaints resolved by alternative resolution are not appealable.

If an Informal Resolution option is not available or selected, the Clerc Center will initiate or continue an investigation and subsequent Resolution Process to determine whether the Policy has been violated.

2. Administrative Resolution Process (see Section III.K below)

B. Resolution Process Pool

The Resolution Process relies on a pool of individuals (“the Pool”) to carry out the process.

1. Pool Member Roles

Members of the Pool are trained annually, and can serve in the following roles, at the discretion of the Clerc Center:

• Appropriate intake of and initial guidance pertaining to Complaints
• Perform or assist with initial evaluation
• Informal Resolution Facilitator
• Investigator
• Decision-maker for challenges to emergency removal and supportive measures
• Decision-maker
• Appeal of Dismissal Decision-maker

Appeal Decision-maker

2. Pool Member Appointment

The DTIX Coordinator appoints the Pool, which acts with independence and impartiality. Although members of the Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different Complaints, the Clerc Center can also designate permanent roles for individuals in the Pool.

C. Notice of Investigation and Allegations

Prior to an investigation, the Clerc DTIX Coordinator will provide the Parties with a detailed NOIA. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the school/department/office/program head for the area/program being investigated.

The NOIA typically includes:

• A meaningful summary of all 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/offenses implicated
• A description of, link to, or copy of the applicable procedures
• A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
• The name(s) of the Investigator(s), along with a process to notify the DTIX Coordinator of any conflict of interest the Investigator(s) may have in advance of the interview process
• 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 during the review and comment period to inspect and review all relevant evidence
• A statement that retaliation is prohibited
• Information about the confidentiality of the process, including that the Parties and their Advisors may not share the Clerc Center work product obtained through the Resolution Process
• 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 a party may request disability accommodations or other support assistance during the Resolution Process
• An instruction to preserve any evidence that is directly related to the allegations

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

D. 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 Clerc DTIX 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.

If a party or witness chooses not to participate in the Resolution Process or becomes unresponsive, the Clerc Center reserves the right to continue it without their participation to ensure a prompt resolution. Non-participatory or unresponsive Parties retain the rights outlined in this Policy and the opportunity to participate in the Resolution Process.

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 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 Resolution Process as soon as feasible. During such a delay, the Clerc Center will implement and maintain supportive measures for the Parties as deemed appropriate.

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

E. Appointment of Investigators

Prior to an investigation being initiated, the DTIX Coordinator will appoint two Investigators. These Investigators will be members of the Resolution Process Pool or any other properly trained investigator, whether internal or external to the Clerc Center’s community.

The appointed Investigators will act with independence and impartiality.

F. Witness Role and Participation in the Investigation

Employees (not including Complainant and Respondent) are required to cooperate with and participate in the Clerc Center’s investigation and Resolution Process. Student witnesses and witnesses from outside the Clerc Center community cannot be required to participate but are encouraged to cooperate with the Clerc Center investigations and to share what they know about a Complaint. Student witnesses may be accompanied by a parent/guardian for any interviews or meetings.

Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx), or, in limited circumstances, by telephone. The Clerc Center will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and 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.

G. 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.

H. Evidentiary Considerations in the Investigation

The Investigator(s) and the Decision-maker(s) will only consider evidence that is deemed relevant and not otherwise impermissible.

Relevant Evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a Policy violation.

Impermissible evidence is defined as evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless 1) evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct, or 2) is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent.

The fact of prior consensual sexual conduct occurred between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent or preclude a determination that sex-based harassment occurred.

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

Within the limitations stated above, the investigation and determination can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.

I. Respondent Admits Responsibility

At any point in the proceedings, if a Respondent elects to admit to the alleged violations, waive further process and the Informal Resolution option of a mutual agreement is not available or feasible, the Decision-maker is authorized to accept that admission, adopt it as their finding/final determination, and administer sanctions. This would waive the Respondent’s right to appeal. If the Respondent rejects the finding/final determination/sanctions, or does not admit to all conduct alleged, the Resolution Process continues to its conclusion. The Complainant retains their right to appeal a determination when a Respondent admits responsibility.

J. Investigation

All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all relevant Parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary.

After an interview, Parties and witnesses will be asked to verify the accuracy of the summary of their interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the summary will be deemed to have been waived, and no changes will be permitted.

The Clerc Center may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, mutually planned upon actions, and/or other shared or similar actions.

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

• Determine the identity and contact information of the Complainant.
• Assist the Clerc DTIX Coordinator, if needed, with conducting a prompt initial evaluation to determine if the allegations indicate a potential Policy violation.
• Identify all offenses implicated by the alleged misconduct and notify the Complainant and Respondent of all specific policies implicated through the initial NOIA. The NOIA may be amended with any additional or dismissed allegations.
• 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 the Parties and witnesses.
• Make good faith efforts to notify each party of any meeting or interview involving another party, in advance when possible.
• Interview the Complainant and the Respondent and conduct any necessary follow-up interviews with each.
• Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
• Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes of the relevant evidence/testimony from their respective interviews and meetings.
• Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of another party and/or witnesses. Document which questions were asked with a rationale for any changes or omissions in the investigation report.
• Where possible, complete the investigation promptly and without unreasonable deviation from the intended timeline.
• Provide the Parties with regular status updates throughout the investigation.
• Prior to the conclusion of the investigation, provide the Parties and their respective Advisors with a list of witnesses whose information will be used to render a finding.
• Write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party and witness interviews, and provides all relevant evidence.
• Provide the Parties and their respective Advisors an electronic copy of the draft investigation report as well as an opportunity to inspect and review all relevant evidence obtained as part of the investigation for a review and comment period of five (5) business days so that each party may meaningfully respond to the evidence. The Parties may elect to waive all or part of the review period.
• The Investigator may share the investigation report with the Clerc DTIX Coordinator and/or legal counsel for their review and feedback.

K. Administrative Resolution Process

The Administrative Resolution Process consists of a hand-off of the investigation report and all relevant evidence to the Decision-maker to make a finding and determine sanctions (if applicable).

At the discretion of the Clerc DTIX Coordinator, the assigned Decision-maker will be an individual from the Resolution Process Pool, or other trained individuals either internal or external to the Clerc Center. Once the Decision-maker receives and reviews the file, they can recommend dismissal to the DTIX Coordinator, if they believe the dismissal grounds are met.

The Administrative Resolution Process typically takes approximately ten (10) business days to complete, beginning with the Decision-maker’s receipt of the Final Investigation Report OR summary of relevant evidence and the evidence file. The Parties will be regularly updated on the timing and any significant deviation from this typical timeline.

• The Clerc DTIX Coordinator will provide the Decision-maker, the Parties[, and their Advisors] with the Final Investigation Report and the evidence file.
• The Decision-maker will review the Final Investigation Report, all appendices, and the evidence file.
• If the record is incomplete, the Decision-maker may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary, including informal meetings with the Parties or any witnesses, if needed.
• Upon reviewing the relevant evidence, the Decision-maker may also choose to pose additional questions, in writing or via interview (e.g., in person or via video technology)
• To the extent credibility is in dispute and relevant to one or more of the allegations, the Decision-maker may meet individually with the Parties and witnesses to question them in order to assess their credibility.
• At their discretion, the Decision-maker may also meet with any party or witness to ask additional relevant questions that will aid the Decision-maker in making their findings.
• The Decision-maker will then apply the preponderance of the evidence standard to make a determination on each of the allegations and, if applicable, any associated sanctions.
• Prior to a determination, the Decision-maker will also provide the Parties with an opportunity to submit a written impact and/or mitigation statement. The Administrator will review these statements upon receipt to determine whether there are any immediate needs, issues, or concerns, but will otherwise hold them until after the Decision-maker has made determinations on the allegations. If there are any findings of a Policy violation, the Decision-maker will request the Impact Statements from the Administrator and review them prior to determining sanctions. They will also be exchanged between the Parties at that time.]
• If it is later determined that a party or witness intentionally provided false or misleading information, that action could be grounds for reopening a Resolution Process at any time, and/or referring that information to another process for resolution.

L. Sanctions

Factors the Decision-maker may consider when determining sanctions and responsive actions include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the sex discrimination, sex-based harassment, retaliation, and/or Other Prohibited Conduct
• The need for sanctions/responsive actions to prevent the future recurrence of sex discrimination, sex-based harassment, retaliation, and/or Other Prohibited Conduct
• The need to remedy the effects of the sex discrimination, sex-based harassment, retaliation, and/or Other Prohibited Conduct on the Complainant and the community
• The impact on the Parties
• The Respondent’s acceptance of responsibility
• Any other information deemed relevant by the Decision-maker(s)

The sanctions will be implemented as soon as it is feasible once a determination is final, 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.

1. Student Sanctions

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

• Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any student Code of Conduct policy, procedure, or directive will result in more severe sanctions/responsive actions.
• Required Education: A mandate to meet with and engage in either the Clerc Center-sponsored program or external workshops to better comprehend the misconduct and its effects.
• Restrictions: A student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, or holding leadership roles in student organizations.
• Alternative Placement: The student is placed in an alternative learning environment (e.g., placed in-school suspension).
• Suspension: Out-of-school for a specific duration.
• Expulsion: Permanent separation from the school. The student may be banned from school property, and the student’s presence at school-sponsored activity or event may be prohibited. This action may be enforced with a trespass action, as necessary.
• Other Actions: In addition to, or in place of, the above sanctions, the Clerc Center may assign any other sanctions as deemed appropriate.

2. Employee Sanctions/Responsive/Corrective Actions

The following sanctions may be imposed for violations of the Policy. The Decision-maker may impose other sanctions instead of or in addition to those specified below, as deemed appropriate.

• Disciplinary Reprimand – written notification to employees that they have violated a Clerc rule or policy and that subsequent wrongful conduct will not be tolerated and may result in severe disciplinary action.
• Censure – a written reprimand for violating employee standards or other Clerc policy. It may specify that an employee’s good standing with Clerc and/or the University may be in jeopardy. The individual is officially warned that continuation or repetition of prohibited conduct may be cause for additional conduct action including probation, suspension or termination from Clerc and/or the University.
• Training and Education – a requirement that the employee receive specific training within a designated time period and at their own expense to prevent further misconduct, discrimination or harassment. Failure to submit documentation of completion of training within the specific time period may lead to further disciplinary action.
• Disciplinary Probation – an exclusion from participation in specified or voluntary activities that are not related to core job responsibilities for a specific period of time. Additional restrictions or conditions may also be imposed. Violations of the terms of disciplinary probation or any other Clerc policy may result in further disciplinary action.
• Loss of Oversight, Teaching, or Supervisory Responsibility – removal of an employee from specific job responsibilities with or without a job title change.
• Demotion – a reduction in rank, status or job title within Clerc or the University.
• Access Restriction – prohibition from entering certain buildings or the residence halls for any reason. Failure to comply with the terms would result in the person being removed from the premises and an allegation for violating this regulation will be made.
• Restitution – reimbursement for damages to or misappropriation of property and/or compensation for injury. This may take the form of appropriate service and/or monetary or material replacement.
• Suspension – removal from some or all duties, with or without pay, for a specific period of time, with or without pay. Notice of this action will remain in the employment record. Conditions for return to work may be specified in the suspension notice.
• Termination – permanent separation of the employee from Clerc or the University (termination of contract for contractors).

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.

M. Notice of Outcome

Within five (5) business days of the conclusion of the Resolution Process, the Clerc DTIX Coordinator provides the Parties with a written outcome notification. The outcome notification will specify the finding for each alleged Policy violation, all applicable sanctions that the Clerc Center is permitted to share pursuant to federal or state law, and a detailed rationale, written by the Decision-maker, supporting the findings to the extent the Clerc Center is permitted to share under federal or state law.

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals.

The Clerc DTIX Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official Clerc Center records, or emailed to the Parties’ Gallaudet University-issued or designated email account. Once mailed, emailed, and/or received in person, the outcome notification is presumptively delivered.

N. 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 outcome of a VRA or a TIX Resolution Process impacts Respondent’s educational placement, then the IEP team will be consulted pursuant with federal law and Clerc policy. 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.

O. Withdrawal or Resignation While Charges Pending

1. Students
Should a student Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If a student Respondent withdraws from the Clerc Center, the Resolution Process may continue, or the Clerc DTIX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the Clerc Center will still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged sex discrimination, sex-based harassment, and/or retaliation.

Regardless of whether the Complaint is dismissed or pursued to completion of the Resolution Process, the Clerc Center will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged sex discrimination, sex-based harassment, and/or retaliation.

If a student respondent withdraws from Clerc at any time during the investigation prior to the outcome determination or declines to participate in the proceedings, the matter will be resolved with or without the respondent’s input. The Clerc Center may impose interim measures, such as a prohibition from entering campus premises and attending Clerc events or activities on and off-campus, prior to the outcome determination and sanction decision.

2. Employees
Should an employee Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If an employee Respondent leaves their employment with the Clerc Center with unresolved allegations pending, the Resolution Process may continue, or the DTIX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the Clerc Center may still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged sex discrimination, sex-based harassment, and/or retaliation.

When an employee resigns and the Complaint is dismissed, the employee may not return to Clerc or Gallaudet University in any capacity. Clerc and Gallaudet University Human Resources Offices will be notified, accordingly, and a note will be placed in the employee’s file that they resigned with allegations pending and are not eligible for rehire with Clerc and the Gallaudet University. The records retained by Clerc and the University will reflect that status.

P. Appeal of the Determination

Both parties have equal rights to an impartial appeal and to participate equally in the appeal process, even if the party is not the appealing party. Either party may appeal the outcome determination and/or the sanctions imposed to an appeal officer identified by the Title IX Coordinator.

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 Clerc rules has occurred. Dissatisfaction with the outcome determination is not grounds for appeal. In any request for an appeal, the burden of proof lies with the party requesting the appeal.

1. 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 Clerc 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.

2. Request for Appeal

Any party may submit a written request for appeal (“Request for Appeal”) to the TIX Coordinator within five (5) business days of the delivery of the Notice of Outcome.

The Request for Appeal will be forwarded to the Appeal Officer for consideration to determine if the request meets the grounds for appeal. This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

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.

3. Appeal Determination Process

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds.

Appeal decisions are to be deferential to the original determination, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions apply the preponderance of the evidence standard of proof.

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

The Appeal Decision-maker may consult with the Clerc DTIX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Clerc DTIX Coordinator will maintain documentation of all such consultation.

4. Appeal Outcome
An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the Clerc DTIX Coordinator (as in cases of bias), the Appeal Decision-maker may order a new investigation and/or a new determination with new Pool members serving in the Investigator and Decision-maker roles.

A Notice of Appeal Outcome letter (“Appeal Outcome”) will be sent to all Parties simultaneously, or without significant time delay between notifications. Written notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official institutional records, or emailed to the Parties’ Gallaudet University-issued email or otherwise approved account. Once mailed, emailed, and/or received in person, the Appeal Outcome will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.

If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the available appeal grounds.

5. Sanctions Status During the Appeal
Any sanctions imposed as a result of the determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal procedures (detailed above) for a “show cause” meeting on the justification for doing so must be permitted within two (2) business days of implementation.

Q. 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 Clerc 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 Clerc 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 Clerc 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.

R. 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.

Supervisors are expected to enforce the completion of sanctions/responsive actions for their employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the TIX Coordinator’s satisfaction.

S. 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 Clerc 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.

IV. Revision of this Policy and Procedures

These procedures replace any previous procedures addressing sex discrimination, sex-based or sexual harassment, and retaliation for incidents occurring on or after August 1, 2024. The Clerc DTIX Coordinator will regularly review and update these procedures. 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.

If governing 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 laws, regulations, or court holdings.

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

These procedures are effective August 1, 2024.

Please refer to the Appendices A, B and for Appendices C and D (Clerc Center) for more information.

Authority: Administrative Policy 3.18
EOP.07: Title IX Recordkeeping
Effective: August 1, 2024

For a period of at least seven (7) years following the conclusion of the Resolution Process, the University and Clerc Center will maintain records of:

1. Each sex discrimination, sex-based harassment, and retaliation resolution process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation.
2. Any disciplinary sanctions imposed on the Respondent.
3. Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to the University’s and/or Clerc’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 provide training to the Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitators, and any person who is responsible for implementing the University’s and/or Clerc’s Resolution Process, or who has the authority to modify or terminate supportive measures. The University and Clerc will make these training materials available for review upon request.
7. All materials used to train all employees are consistent with the requirements in the Title IX Regulations.

The University and Clerc will also maintain any and all records in accordance with federal and state laws.

Authority: Administrative Policy 3.20
EOP.08: Pregnancy and Related Conditions and Parenting Students Procedures
Effective: August 1, 2024

Notice of Nondiscrimination

Gallaudet University complies with all federal, state, and local laws, regulations, and ordinances prohibiting pregnancy and related conditions discrimination in K-12 and post-secondary education institutions, including but not limited to Title IX of the Education Amendments Act of 1972, Title VII of the Civil Rights Act of 1964, and the D.C. Human Rights Act of 1977.

Gallaudet does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of current, potential, or past pregnancy or related conditions. The Gallaudet prohibits members of the Gallaudet community from adopting or implementing any policy, practice, or procedure which treats an applicant for admission, student, applicant for employment, or employee differently on the basis of current, potential, or past parental, family, or marital status. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

Gallaudet is committed to promptly and effectively addressing any such discrimination of which it has Knowledge/Notice using the resolution process outlined in EOP.02 Title IX Sex Discrimination, Sex-Based Harassment, and Retaliation Resolution Procedures.

Definitions

• Familial Status. The configuration of one’s family or one’s role in a family.
• Marital Status. The state of being married or unmarried.
• Parental Status. The status of a person who, with respect to another person who is under the age of 18, is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.
• Pregnancy and Related Conditions. The full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery therefrom.
• Reasonable Modifications. Individualized modifications to the TIX Coordinator’s policies, practices, or procedures that do not fundamentally alter the TIX Coordinator’s education program or activity.

Information Sharing Requirements

Any Gallaudet or Clerc employee who becomes aware of a student’s pregnancy or related condition is required to provide the student with the Title IX Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to the Gallaudet’s or Clerc’s education program and activity. If the employee has a reasonable belief that the Title IX Coordinator is already aware of the pregnancy or related condition, the employee is not required to provide the student with the Title IX Coordinator’s contact information.

Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of Gallaudet’s or Clerc’s obligations to:

• Prohibit sex discrimination.
• Provide reasonable modifications.
• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
• Allow a voluntary leave of absence.
• Ensure lactation space availability.
• Maintain a Resolution Process for alleged discrimination.
• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

Reasonable Modifications for Students

Students who are pregnant or are experiencing related conditions are entitled to reasonable modifications to prevent sex discrimination and ensure equal access to Gallaudet’s or Clerc’s education program and activity. Any student seeking reasonable modifications must contact the Office for Students with Disabilities (OSWD) to discuss appropriate and available reasonable modifications based on their individual needs. Students are encouraged to request reasonable modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable modifications are voluntary, and a student can accept or decline the offered reasonable modifications. Not all reasonable modifications are appropriate for all contexts.

Reasonable Modifications may include:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Time extensions for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand, or carry or keep water nearby
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator

Students are encouraged to work with their faculty members and Gallaudet’s or Clerc’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Accessibility Resource Center (ARC) and Office for Students with Disabilities (OSWD) will assist with plan development and implementation as needed.

Supporting documentation for reasonable modifications will only be required when necessary and reasonable under the circumstances to determine which reasonable modifications to offer and other specific actions to take to ensure equal access.

Information about pregnant students’ modification requests will be shared with faculty and staff only to the extent necessary to provide reasonable modification.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. The Title IX Coordinator will consult with the Accessibility Resource Center (ARC) and Office for Students with Disabilities (OSWD) to ensure the student receives reasonable accommodations for their disability as required by law.

Certification to Participate

All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other certification that the student is physically able to participate in the program or activity unless:

1. The certified level of physical ability or health is necessary for participation;
2. The institution requires such certification of all students participating; and
3. The information obtained is not used as a basis for pregnancy-related discrimination.

Lactation Space Access

Gallaudet and Clerc provide students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others.

Lactation spaces are located in the following locations (Please contact Human Resources Senior Coordinator to access location spaces):

• Human Resources basement (College Hall) #B12
• HMB #S330 (Hall Memorial Building)
• SLCC 1239A
• Model Secondary School for the Deaf (MSSD 214F)
• Kendall School for the Deaf (KDES 3503)

Leaves of Absence

Students

Students are permitted to take a voluntary leave of absence for a reasonable time as deemed medically necessary by their healthcare provider because of pregnancy and/or the birth, adoption, or placement of a child. The leave term may be extended in the case of extenuating circumstances or medical necessity. [Students who elect to take leave under this policy may register under an “on leave/inactive” status to continue their eligibility for certain benefits.] While registered under that status, students who choose to take a leave of absence under this policy can elect to keep their health insurance coverage and continue residing in Gallaudet or Clerc housing, subject to the payment of applicable fees.

To the extent possible, Gallaudet or Clerc will take reasonable steps to ensure that students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same or an equivalent course catalog that was in place when the leave began.

Continuation of students’ scholarships, fellowships, or similar Gallaudet or Clerc -sponsored funding during the leave term will depend on student registration status and the policies of the funding program regarding registration status. Students will not be negatively impacted by or forfeit their future eligibility for their scholarship, fellowship, or similar Gallaudet or Clerc -supported funding by exercising their rights under this policy.

The Title IX Coordinator can and will advocate for students with respect to financial aid agencies and external scholarship providers in the event that a leave of absence places eligibility into question.

In order to initiate a leave of absence, the student must contact the Title IX Coordinator at least 30 calendar days prior to the initiation of leave, or as soon as practicable. The Coordinator will assist the student in completing any necessary paperwork.

Employees

Human Resources has information on employment leave.

If an employee, including a student-employee, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for pregnancy or related condition leave under Title IX. Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time.

Employees who take leave under Title IX must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right.

Policy Dissemination and Training

A copy of this policy will be made available to faculty and employees in annually required training and posted on the Title IX Coordinator’s website. Gallaudet or Clerc will alert all new students about this policy and its location as part of the orientation. The office will make educational materials available to all members of Gallaudet or Clerccommunity to promote compliance with this policy and familiarity with its procedures.

APPENDIX A: DEFINITIONS

The following definitions apply to the Title IX Sex Discrimination, Sex-Based Harassment, and Retaliation Policy and its sets of procedures.

Admission. The selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by Gallaudet or Clerc.

Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process.

Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the grounds for appeal are met, and directs responsive action(s)accordingly.
Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute discrimination, harassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment or under the Policy and who was participating or attempting to participate in Gallaudet’s or Clerc’s education program or activity at the time of the alleged discrimination, harassment or retaliation.

Complaint. An oral or written request to Gallaudet or Clerc that can objectively be understood as a request for Gallaudet or Clerc to investigate and make a determination about the alleged Policy violation(s).

Confidential Employee.

• An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
• An employee whom the Institution has designated as confidential under this Policy for the purpose of providing services to persons related to discrimination, harassment, or retaliation. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about discrimination, harassment, or retaliation in connection with providing those services; or
• An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about discrimination, harassment, or retaliation. The employee’s confidential status only applies with respect to information received while conducting the study.

Day means a business day when the Institution is in normal operation.

Decision-maker. The person or panel who hears evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.

Dismissal Appeal Officer. The person who accepts or rejects a submitted dismissal appeal request, determines whether any of the grounds for appeal are met, and directs responsive action(s)accordingly.

Education Program or Activity means locations, events, or circumstances where Gallaudet or the Clerc Center exercise substantial control over both the Respondent and the context in which the discrimination, harassment and/or retaliation occurs and also includes any building owned or controlled by a student organization that Gallaudet officially recognizes

Employee. A person employed by Gallaudet University either full- or part-time, including student employees when acting within the scope of their employment.
Final Determination: A conclusion by preponderance of the evidence that the alleged conduct did or did not violate policy.

Finding. A conclusion by preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).

Informal Resolution. A resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a Final Determination in the Resolution Process.

Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.

Investigator. The person(s) authorized by Gallaudet or Clerc to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.

Knowledge. When Gallaudet or Clerc receives Notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.

Mandated Reporter. A Gallaudet or Clerc employee who is obligated by Policy to share Knowledge, Notice, and/or reports of discrimination, harassment, and/or retaliation with the Title IX.

Notice. When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of discriminatory, harassing, and/or retaliatory conduct.

Notice of Investigation and Allegation (NOIA). A document presented to each Party that explains the allegations and the procedural framework of the investigation and Resolution Process

Parties. The Complainant(s) and Respondent(s), collectively.

Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.

Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to the Gallaudet’s or Clerc’s Education Program and Activity.

Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution and Administrative Resolution.

Respondent. A person who is alleged to have engaged in conduct that could constitute discrimination based on a protected characteristic, harassment, or retaliation for engaging in a protected activity under this Policy.

Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.

Student. A person who has gained admission to either Gallaudet or Clerc.

Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Title IX Coordinator. The official designated by Gallaudet University and the Clerc Center to ensure compliance with Federal, state and local nondiscrimination statutes and regulations. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.