EOP.02: Gallaudet University Sexual Harassment and Misconduct Policy

Office of Equal Opportunity Programs and Title IX

Authority: A&O Policies 3.18 and 3.19

EOP.02: Gallaudet University Sex Discrimination, Sexual Harassment, and Sexual Misconduct Policy

Effective: July 1, 2026

I.              STATEMENT

 

Gallaudet University is committed to maintaining an environment free from sex discrimination, sexual 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 discrimination and 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 sex discrimination, sexual harassment or sexual 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 discrimination and misconduct 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 Sex Discrimination, Sexual Harassment, and Misconduct) 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

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

·      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.

 

·      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 discrimination, sexual harassment, or sexual misconduct 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.        SEX DISCRIMINATION

Sex discrimination is the broad category of conduct that treats an individual adversely on the basis of sex, gender, or related characteristics. Sexual harassment and sexual misconduct are specific forms of sex discrimination addressed through dedicated procedures under this policy — the Title IX Sexual Harassment Grievance Procedure (EOP.03) and the Sexual Misconduct Grievance Procedure (EOP.04), respectively.

Sex discrimination that does not constitute sexual harassment or sexual misconduct, such as differential treatment in employment, education, or access to programs and services on the basis of sex , is addressed through the University’s general Discrimination and Retaliation Complaint and Resolution Procedures (EOP.01). 

VIII.     TITLE IX SEXUAL HARASSMENT V. SEXUAL MISCONDUCT

The Title IX Sexual Harassment Grievance Procedure (EOP.03) applies to allegations of sexual harassment that meets the definition of sexual harassment of Title IX as defined by federal regulations. The University’s Sexual Misconduct Grievance Procedure (EOP.04), by contrast, addresses sexual misconduct or harassment that does not meet that definition.[1]

 

EOP.03 applies when all 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 harassment or misconduct 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. 

 

See Appendix A for definitions of prohibited conduct.

 

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

IX.          ROLE OF THE TITLE IX COORDINATOR

The Title IX Coordinator oversees the University’s response to all reports of sex discrimination,  sexual harassment, sexual misconduct 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 Discrimination and Retaliation Complaint and Resolution Procedures (EOP.01). 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.

X.            REPORTING SEX DISCRIMINATION, SEXUAL HARASSMENT, AND MISCONDUCT

The University encourages all individuals to promptly report sex discrimination, sexual harassment, and sexual misconduct to the Title IX Coordinator, and law enforcement if appropriate.

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 sexual misconduct can make a report to the University.

A report provides Notice of an allegation or concern of sex discrimination, sexual harassment or misconduct so that the Title IX Coordinator can reach out to offer information, resources, and supportive measures. Reports of sex discrimination that does not constitute sexual harassment or sexual misconduct are addressed through the University’s general Discrimination and Retaliation Complaint and Resolution Procedures (EOP.01).

If a Complainant wants the University to begin an investigation or other appropriate resolution process for allegations involving sexual harassment or sexual misconduct, 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 discrimination, sexual harassment, or 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 discrimination, sexual harassment, or 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 sexual discrimination, sexual harassment, or, and/or retaliation to the Title IX Coordinator. University members who have a duty to report sexual discrimination, sexual harassment, or sexual misconduct 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

XI.          CONFIDENTIAL RESOURCE ADVISORS

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

CRAs provide emergency and ongoing support to individuals impacted by sexual harassment or 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,

·       Ursula Schultz,

·       Allison Gibbons,

XII.        RETALIATION

The University does not allow retaliation against anyone who reports sex discrimination, sexual harassment, or sexual misconduct; 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 discrimination, harassment, or misconduct,

·       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. 

XIII.     AMNESTY

Mandatory Amnesty:

1) Amnesty for Substance Use and Related Conduct: A student or witness who reports an incident of sexual harassment or 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 harassment or 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 harassment or misconduct in good faith or who participate as witnesses in sexual harassment or 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.

XIV.      SUPPORTIVE MEASURES, EMERGENCY REMOVAL & ADMINISTRATIVE LEAVE

Supportive Measures

When the University receives a report or Formal Complaint of discrimination, harassment, misconduct, 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.

XV.        NONPARTICIPATION, WITHDRAWL OR RESIGNATION WHILE CHARGES PENDING

Students:

If a student has an allegation pending for violation of the Policy, the University may defer conferral of a degree in exceptional circumstances involving serious pending disciplinary charges where the University determines that immediate conferral would substantially impair its ability to enforce student conduct policies.. 

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. 

XVI.      GRIEVANCE RESOLUTION FOR SEXUAL HARASSMENT OR SEXUAL MISCONDUCT CLAIMS

The University has separate grievance resolution procedures depending on the type of alleged sexual harassment or misconduct[2]:

·       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.

XVII.   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.

XVIII. TRAINING

Students

The University makes reasonable efforts to require every undergraduate student to complete at least two sexual harassment and 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 sex discrimination, sexual harassment and sexual 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.

XIX.      RECORDKEEPING

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

1. Each sex discrimination, 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. 

XX.        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.