Gallaudet University
Who We Are
Our Work
Overview
News & Stories
Oct 4, 2024
Upcoming Events
October 8, 2024
October 10, 2024
University Wide Events
No Communication Compromises
Areas of Study
Schools
Programs
Changing the world
Research
Community & Innovation
Research Experiences & Services
Our Global Presence
Global at Home
Global Learning For All
Global Engagement
Your Journey Starts Here
Admissions
Financial Aid
Explore Our Campus
Connect
Discover
Influence
Directories
Popular Keywords
Explore
Quick Links
News
Departments
Projects
Information
Faculty
Publications
FAQs
Contact
GU
/
Equity, Diversity, and Incl...
Equal Opportunity Programs
Hall Memorial Building S141
(771) 208-4245
Email Us
Equal Opportunity Programs was founded to ensure that Gallaudet’s workforce reflects its students’ diversity and the community it serves.
We encourage applications from all minority populations and are committed to a barrier-free environment that fully provides students the assistance they need to participate in campus programs and activities.
We work with the administration, departments, and committees to verify that University policies and programs comply with applicable nondiscrimination requirements through the Title IX program.
Furthermore, we are committed to assuring that employment practices do not discriminate.
Our equal opportunity policies apply to all procedures affecting students, visitors, applicants and employees.
Click on the tabs below to learn more about our Policy and Procedures, many of which are tied to Title IX.
Related Policies, Procedures, and Resources:
Authority: Administrative Policy 3.18 EOP.01: Discrimination and Retaliation Complaint and Resolution Procedures Effective: August 1, 2024
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 Gender-Based and Sexual Misconduct violations should be made pursuant to the 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: eop@gallaudet.edu
Complaints should be made as soon as possible and preferably before the conduct rises to the level of discrimination, harassment, or retaliation. 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 and harassment, EOP offers several options that may be appropriate depending on the circumstances surrounding the alleged conduct:
Discrimination or harassment complaints that do not involve the Student Code of Conduct 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 or harassment 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 Title IX policies and procedures regarding sexual misconduct (which includes sexual harassment), those policies and procedures will be followed. Otherwise, the below procedures will be followed.
As used herein “complaint” is synonymous with “grievance. Individuals filing complaints internally will be:
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.
While complete confidentiality cannot be guaranteed, confidentiality will be maintained to the extent possible that also allows Gallaudet to adequately address the matter. Complainants, respondents, witnesses 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.
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.
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.
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.
After a formal complaint is received and found to fall within the purview of these procedures, the Director of Equal Opportunity Programs will notify the Office of General Counsel (“OGC”) and where appropriate, administrators, of the complaint as soon as possible.
The Director of Equal Opportunity Programs (or their designee), in consultation with the OGC, will determine whether an investigation is warranted and if so, will commence an investigation. OGC will 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.
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.
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:
Authority: Administrative Policy 3.19 EOP.02: Gallaudet University and Clerc Center Title IX Sex Discrimination, Sex-Based Harassment and Retaliation Policy Effective: August 1, 2024
Gallaudet University and 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 Coordinator or any other Mandated Reporter by applying the Resolution Process outlined in EOP.05: Gallaudet University’s Sex Discrimination, Sex-Based Harassment and Retaliation Resolution Process or EOP.06: Clerc Center’s Sex Discrimination, Sex-Based Harassment and Retaliation Resolution Process
Gallaudet University and Clerc Center comply with all federal, state, and local laws, regulations, and ordinances prohibiting sex discrimination in K-12 and post-secondary education institutions, including but not limited to Title IX of the Education Amendments Act of 1972.
Gallaudet does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of actual or perceived sex.
This Policy covers sex discrimination in both employment and access to educational opportunities. Any member of the Gallaudet community whose acts are found to deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of the Gallaudet community, guest, or visitor on the basis of that person’s actual or perceived sex, is in violation of this Policy.
Gallaudet is committed to promptly and effectively addressing any such discrimination of which it has Knowledge/Notice using the resolution process outlined in this EOP.02 Title IX Sex Discrimination, Sex-Based Harassment, and Retaliation Resolution Procedures.
This Policy applies to faculty, teachers, staff, students, and guests 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 or sexual harassment within the scope of Gallaudet and/or Clerc Center education programs or activities that occur on or after August 1, 2024. For alleged incidents occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. The Title IX Coordinator maintains previous versions of these policies and procedures, by law.
Title IX Coordinator
The Title IX Coordinator* oversees the implementation of this policy. The Title IX Coordinator has the primary responsibility for coordinating the Gallaudet’s and Clerc’s effort related to the intake, investigation, and resolution of notices and complaints of sexual harassment and retaliation prohibited under this policy and for the implementation of supportive measures to stop, remediate, and prevent sexual harassment and retaliation.
The Title IX Coordinator works with two Deputy Title IX Coordinators, one who is responsible for complaints and reports against Gallaudet University’s or Clerc Center’s students, and one who is responsible for complaints and reports involving the Clerc community. The Title IX Coordinator is responsible for all other complaints and reports.
* Anywhere this policy indicates “Title IX Coordinator,” Gallaudet or the Clerc Center may substitute a trained designee.
For sex discrimination and harassment allegations against Gallaudet students: Amy Rousseau Deputy Title IX Coordinator for Students/Director, Student Accountability and Restorative Practices (SARP) Ely Center 103 800 Florida Avenue, NE Washington, D.C. 20002 (202) 759-5598 amy.rousseau@gallaudet.edu https://gallaudet.edu/student-accountability-and-restorative-practices/
For sex discrimination and harassment allegations against Clerc students or employees: Rosalyn Prickett Deputy Title IX Coordinator for Clerc Center KDES, Room 3100 800 Florida Avenue, NE Washington, D.C. 20002 (202) 651-5788 (voice) (202) 250-2960 (videophone) roz.prickett@gallaudet.edu
For all other sex discrimination and sex-based harassment allegations: Jesús M Remigio, Psy.D. Equal Opportunity Programs Director and Title IX Coordinator Hall Memorial Building (HMB) S141B 800 Florida Avenue, NE Washington, D.C. 20002 Phone: 202-651-5639 (Zoom) Phone: 771-208-4245 (VP) eop@gallaudet.edu https://gallaudet.edu/equity-diversity-inclusive-excellence/equal-opportunity-programs/
Concerns about Gallaudet University’s or Clerc’s application of this Policy and compliance with certain federal civil rights laws may also be addressed to:
Department of Education Office for Civil Rights (OCR) U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-1100 Customer Service Hotline #: (800) 421-3481 Facsimile: (202) 453-6012 TDD#: (877) 521-2172 Email: OCR@ed.gov Web: http://www.ed.gov/ocr
Washington, D.C.’s Office of Human Rights https://ohr.dc.gov/service/file-discrimination-complaint
Equal Employment Opportunity Commission (EEOC) (for complaints involving employee-on-employee conduct) Washington Field Office 131 M Street, NE Fourth Floor, Suite 4NWO2F Washington, DC 20507-0100 Videophone: (844) 234-5122 Phone: (800) 669-4000 Facsimile: (202) 419-0739 TDD#: (800) 669-6820 Web: https://www.eeoc.gov/field-office/washington/location
Definitions can be found in Appendix A.
This policy applies to the education program and activities of Gallaudet, including Clerc Center, to conduct that takes place on the campus or on property owned or controlled by Gallaudet University, and at Gallaudet or Clerc Center sponsored events.
This policy can also be applicable to the effects of off-campus misconduct that effectively deprive someone of access to Gallaudet or Clerc Center’s educational programs. Gallaudet may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial Gallaudet or Clerc Center interest.
A substantial Gallaudet or Clerc Center interest includes:
The Respondent must be an employee or student of Gallaudet or the Clerc Center at the time of the alleged incident(s) in order for disciplinary action to be issued under this Policy. If the Respondent is unknown or is not a member of the Gallaudet or the Clerc Center community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report. Further, even when the Respondent is not a member of Gallaudet or the Clerc Center’s community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator.
In addition, the Gallaudet or the Clerc Center may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from Gallaudet and/or the Clerc Center property and/or events.
When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies. Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences sexual harassment or retaliation in an externship, study abroad program, or other environment external to the Institution where sexual harassment policies and procedures of the facilitating or host organization may give recourse to the Complainant.
All vendors serving Gallaudet or Clerc through third-party contracts are subject to the policies and procedures of their employers or to these policies and procedures to which their employer has agreed to be bound by their contracts.
This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom.
Appendix A describes the specific forms of legally prohibited sex discrimination, sex-based harassment, and retaliation that are also prohibited under this Policy. When speech or conduct is protected by academic freedom, it will not be considered a violation of this Policy, though supportive measures will be offered to those impacted.
Appendix A also provides detailed explanations of consent and sanction ranges.
All offense definitions in the link encompass actual and/or attempted offenses.
Administration and Operations Manual Policy 1.13 outlines prohibited conduct between employees and Clerc students.
Review the University’s policy on consensual relationships.
Any offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions, accordingly.
Specifically, in the District of Columbia, the age of consent for sex is 16 years old. The exception to the age of consent law is if the individuals involved in sexual activity are both minors (younger than 18 years old) and close in age (less than four years apart). 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.
Gallaudet and Clerc Center will offer and implement appropriate and reasonable supportive measures to the parties upon Notice of alleged discrimination, harassment and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to Gallaudet’s or Clerc Center’s education program or activity, including measures designed to protect the safety of all parties, and/or deter sexual harassment and/or retaliation.
At the time that supportive measures are offered, Gallaudet or Clerc Center will inform the Complainant, in writing, that they may file a formal complaint with Gallaudet or Clerc Center either at that time or in the future, if they have not done so already. The TIX Coordinator works with a party to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.
Gallaudet or Clerc Center will maintain the privacy of the supportive measures, provided that privacy does not impair Gallaudet’s or Clerc Center’s ability to provide the supportive measures. Gallaudet or Clerc Center will act to ensure as minimal an academic/occupational impact on the parties as possible. Gallaudet or Clerc Center will implement measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to:
Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.
The Parties are provided with a timely opportunity to seek modification or reversal of Gallaudet’s or Clerc Center’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the TIX Coordinator. An impartial employee with authority, other than the employee who implemented the supportive measures, will determine whether to grant or deny the appeal of the supportive measures. Gallaudet or Clerc Center will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances change materially. Gallaudet or Clerc Center typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the TIX Coordinator.
Gallaudet and Clerc Center use the preponderance of the evidence standard of proof when determining whether a policy violation occurred. This means that Gallaudet or Clerc will decide whether it is more likely than not, based upon the available information at the time of the decision, that the respondent is in violation of the alleged policy violation(s).
There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to Gallaudet’s and Clerc’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.
Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.
All allegations are acted upon promptly by the Institution once it has received notice or a formal complaint. Any time the general timeframes for resolution outlined in Gallaudet’s or Clerc’s procedures will be delayed, Gallaudet or Clerc will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.
Every effort is made by Gallaudet and Clerc to preserve the privacy of reports. Gallaudet and Clerc 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. Additional information regarding confidentiality and privacy can be found in Gallaudet’s or Clerc’s Sex Discrimination, Sex-Based Harassment and Retaliation Procedures.
The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders, and it is particularly time sensitive. Gallaudet or Clerc will inform the Complainant of the importance of preserving evidence and how to take action to reserve evidence.
Parties and Advisors are prohibited from unauthorized disclosure of information obtained by Gallaudet or Clerc through the Resolution process, to the extent that the information has been produced, compiled, or written by Gallaudet or Clerc for the purposes of its investigation and resolution of a Complainant. It is also a violation of this Policy to publicly disclose such information or a party’s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions.
Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The University and/or Clerc Center will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.
The University, Clerc Center and any member of the University’s community and Clerc Center’s community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, and proceeding under this policy and procedure.
Filing a complaint under another University and/or Clerc Center policy could be considered retaliatory if the alleged conduct could be in violation of this Policy, when the charges are made for the purpose of interfering with or circumventing any right or privilege provided under this Policy that is not provided under the other University and/or Clerc Center policy that was used. Therefore, the University and Clerc Center vet all complaints carefully to ensure this does not happen and to assure that complaints are tracked to the appropriate process.
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.
Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate Gallaudet or Clerc policies.
Gallaudet or Clerc can act to remove a student Respondent accused of sex discrimination, sex-based harassment, or retaliation from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an imminent and serious threat to the health or safety of any student or other individual justifies removal. Please refer to Gallaudet’s or Clerc’s Sex Discrimination, Sex-Based Harassment and Retaliation Procedures for more information about risk analyses.
To encourage reporting and participation in the process, Gallaudet and Clerc maintain a policy of offering parties and witnesses amnesty from minor policy violations related to the incident. Granting amnesty is a discretionary decision made by the University and Clerc, and amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution.
Gallaudet and Clerc maintain a policy of amnesty for students who offer help to others in need. Although policy violations cannot be overlooked, Gallaudet or Clerc may provide purely educational options with no official disciplinary finding, rather than punitive sanctions, to those who offer their assistance to others in need.
Gallaudet and Clerc policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited in this policy, when those behaviors occur in or have an effect on the Institution’s education program and activities or when they involve the use of Gallaudet’s networks, technology, or equipment.
Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as sharing inappropriate content via social media, unwelcome sexual or sex-based messaging, distributing or threatening to distribute revenge pornography, breaches of privacy, or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of the Gallaudet or the Clerc Center community.
Certain campus officials have a duty to report the following for federal statistical reporting purposes (Clery Act):
All personally identifiable information is kept private. Statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on- or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. The information shared includes the date, the location of the incident and the crime (using Clery location categories). This reporting protects the identity of the student and may be done anonymously.
Gallaudet and Clerc community members reporting incidents should also be aware that Gallaudet University and Clerc Center administrators may issue timely warnings for incidents reported to them, especially those that pose a substantial threat of bodily harm or danger to members of the Gallaudet and Clerc community. The Department of Public Safety makes such determinations. The Gallaudet University and Clerc will make every effort to ensure that an individual’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. In instances where an alleged incident occurs between two individuals and no ongoing threat to other Gallaudet or Clerc community members is present, a timely warning notice would not be distributed.
The Title IX Coordinator manages the Title IX Team and acts with independence and authority, free from bias and conflicts of interest.
To raise any concern involving bias, conflict of interest, misconduct, or discrimination by the TIX Coordinator, contact the Chief Diversity Officer. Concerns of bias, misconduct, discrimination, or a potential conflict of interest by any other TIX members should be raised with the TIX Coordinator.
This Policy succeeds previous policies addressing sex discrimination, sex-based harassment, sexual misconduct, and/or retaliation, though previous policies and procedures remain in force for sexual harassment incidents occurring before August 1, 2024. The TIX Coordinator reviews and updates these policies and procedures regularly.
Online reporting forms may be used to submit a report or complaint:
Authority: Administrative Policy 3.20 EOP.03: Pregnancy and Related Conditions and Parenting Students Procedures Effective: August 1, 2024
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.
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:
The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.
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:
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.
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:
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):
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.
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.
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.
Authority: Administrative Policy 3.01 EOP.04: Inclusion and Use of the Equal Opportunity Statement Effective: August 1, 2024
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.05: Gallaudet University’s Sex Discrimination, Sex-Based Harassment and Retaliation Resolution Process Effective: August 1, 2024
Gallaudet University 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 Coordinator 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 Gallaudet University students, Gallaudet University employees, or third parties associated with Gallaudet University. These procedures also apply to matters where a Clerc employee is a party, without any Clerc student being a party.
Upon receipt of Notice, a Complaint, or Knowledge of an alleged Policy violation, the Title IX Coordinator* will initiate a prompt initial evaluation to determine Gallaudet University’s next steps. The Title IX Coordinator will contact the Complainant/source of the Notice to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.
The University 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.
*As explained in the Policy, the term “Title IX Coordinator” may refer to a trained designee, including but not limited to the Deputy Title IX Coordinator for Students.
Incidental misconduct is defined to include potential violations of other Gallaudet University 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 Title IX Coordinator may consult with Gallaudet University officials who typically oversee such conduct (e.g., Human Resources, Student Affairs, Academic Affairs) 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 Title IX Coordinator. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the student, faculty, and staff handbooks.
The Title IX 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:
If the Complainant indicates they wish to initiate a Complaint, the Title IX 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:
The Title IX 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 Title IX Coordinator has determined the Policy applies and that the University has jurisdiction, they will route the matter to the appropriate Title IX Coordinator, 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 Title IX 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, no Resolution Process will be initiated (unless deemed necessary by the Title IX Coordinator), though the Complainant can elect to initiate one later, if desired.
If the Complainant does not wish to file a Complaint or withdraws all the allegations in a Complaint, the Title IX 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 Title IX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone’s safety or if Gallaudet University cannot ensure equal access without initiating a Complaint. The Title IX Coordinator will consider the following non-exhaustive factors to determine whether to file a Complaint:
If and after considering these and other relevant factors, the Title IX 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 Gallaudet from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a complaint.
When the Title IX 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 Title IX Coordinator does initiate the complaint after making this determination, the Title IX Coordinator must notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing supportive measures.
Gallaudet University may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met:
In addition to members of the Title IX Team, as authorized by the Title IX Coordinator, a Decision-maker can recommend dismissal to the Title IX 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, Gallaudet University 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, Gallaudet University will also notify the Respondent of the dismissal.
This dismissal decision is appealable by any party.
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 Diversity Officer or their designee will serve as the Dismissal Appeal Officer.
The 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 Title IX 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:
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 Title IX Coordinator will share the request with all other Parties and provide three (3) business days for other Parties and the Title IX Coordinator to respond to the request. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other Parties and/or the Title IX 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 Title IX 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 Title IX 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 (7) business days to review and decide on the appeal, though extensions can be granted at the Title IX 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 Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.
Student Respondents Gallaudet University may emergency remove a student accused of Sex Discrimination or Sex-based Harassment upon receipt of Notice/Knowledge, a Complaint, or at any time during the Resolution Process.
Prior to an emergency removal, Gallaudet University will conduct an individualized risk assessment and may remove the student if that assessment determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies such action.
When an emergency removal is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action 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, should be modified, or lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal will be deemed waived.
A student can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable for them to do so.
The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review.
An emergency removal may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within three (3) business days of the review meeting.
The Title IX Coordinator has sole 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 Institution will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. At the discretion of the Title IX Coordinator, 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 action are applicable. Refer to expected employee conduct A&O 1.01 for Gallaudet Employee and A&O 1.13 for Clerc Center Employee.
Gallaudet University is obligated to ensure that the Resolution Process is not abused for retaliatory purposes. Although Gallaudet University permits the filing of counter-complaints, the Title IX 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 Gallaudet University’s discretion, investigation of such claims may take place concurrently or after resolution of the underlying initial Complaint.
Every effort is made by Gallaudet to preserve the privacy of reports. Gallaudet 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. Additional information regarding confidentiality and privacy can be found in Appendix B.
Parties and Advisors are prohibited from disclosing information obtained by the University through the Resolution Process, to the extent that information is the work product of the University (meaning it has been produced, compiled, or written by University for purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of the Policy to publicly disclose institutional 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.
Any individual materially involved in the administration of the Resolution Process, including the Title IX Coordinator, Investigator(s), and Decision-maker(s), may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.
The Title IX Coordinator will vet the assigned Investigator(s), Decision-maker(s), and Appeal Decision-makers 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 bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Pool 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 Title IX Coordinator, concerns should be raised with the Chief Diversity Officer.
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 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. 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.
The University will make a good faith effort to complete the Resolution Process within sixty to ninety (60-90) business days, including any appeals, which the Title IX Coordinator can extend as necessary for appropriate cause. The Parties will receive regular updates on the progress of the Resolution Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.
Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on issues such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.
If a party or witness chooses not to participate in the Resolution Process or becomes unresponsive, the University 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 University 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 Title IX Coordinator will promptly resume its Resolution Process as soon as feasible. During such a delay, Title IX Coordinator will implement and maintain supportive measures for the Parties as deemed appropriate.
University 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.
Prior to an investigation, the Title IX Coordinator will provide the Parties with a detailed written 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 various allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.
The NOIA typically includes:
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 University records, or emailed to the Parties’ University-issued email or designated accounts. Once mailed, emailed, and/or received in person, the notification will be presumptively delivered.
Who Can Serve as an Advisor? The Parties may each have an Advisor present with them for all meetings, and interviews within the Resolution Process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.
The Title IX Coordinator 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 Title IX Coordinator is not obligated to provide an attorney to advise that party.
A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide Gallaudet University with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.
Advisors appointed by the institution cannot be Confidential Employees, and although they will not be asked to disclose details of their interactions with their advisees to institutional officials or Decision-makers absent an emergency, they are still reminded of their Mandated Reporter responsibilities.
Advisor’s Role in the Resolution Process If a party requests that all communication be made through their Advisor instead of to the party, the Title IX Coordinator will agree to copy both the party and their Advisor on all communications.
Advisors may not provide testimony or speak on behalf of their advisee.
The Parties are expected to ask and respond to questions on their own behalf throughout the Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee as needed.
Records Shared with Advisors Advisors are entitled to the same opportunity as their advisee to access relevant evidence and the same written investigation report. The Parties must submit written consent to a release of information to the Advisor before Gallaudet is able to share records with an Advisor.
Advisors are expected to maintain the confidentiality of the records shared with them pursuant to this policy. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by Gallaudet University. Gallaudet or 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 Gallaudet’s privacy expectations.
Advisors will be asked to sign Non-Disclosure Agreements (NDAs). The Title IX Coordinator may decline to share materials with any Advisor who has not executed the NDA.
Advisor Expectations The Title IX Coordinator generally expects an Advisor to adjust their schedule to allow them to attend Title IX Coordinator meetings and interviews when planned, but the Title IX Coordinator may change scheduled meetings/interviews to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.
While in person meetings are preferred, the Title IX Coordinator may also make reasonable provisions to allow an Advisor who cannot be present in person to attend meetings and interviews by telephone, video conferencing, or other similar technologies. Reasonable accommodations based on disability may be provided on a case by case basis.
All Advisors are subject to the same Title IX policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by the Title IX Coordinator. Advisors are expected to advise without disrupting proceedings.
Advisor Policy Violations Any Advisor 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 Title IX Coordinator’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, a particular event may be ended, or other appropriate measures implemented, including the Title IX Coordinator requiring the party to use a different Advisor if they wish to continue with an advisor. Subsequently, Gallaudet University will determine how to address the Advisor’s non-compliance and future role.
This Resolution Process considers the Parties’ preferences but is ultimately determined at Gallaudet University’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 the Policy.
Informal Resolution To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the Parties, in writing. The Title IX Coordinator will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding.
No Party may be required to participate in Informal Resolution, and Gallaudet University may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to Informal Resolution.
The Parties may elect to leave the Informal Resolution process at any time until the Informal Resolution process is concluded. If a Party elects to leave the Informal Resolution process, the Administrative Resolution that the Parties paused, if any, will continue. In participating in the Informal Resolution process, the Parties understand that the timeframes governing the Administrative Resolution process will temporarily cease, and only reinstate upon entry into the Administrative Resolution process.
The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker.
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, unless agreed to by all Parties. If the Parties do not reach such an agreement, then should the parties withdraw from the informal resolution process, information disclosed or obtained for purposes of that informal resolution process may be incorporated in any subsequent resolution process, provided that this information is disclosed and reviewed by the parties.
Before initiation of an Informal Resolution process, the Title IX Coordinator will provide the Parties with a Notice of Investigation and Allegiation(s) (NOIA) that explains:
Categories of Informal Resolution Supportive Resolution
The Title IX Coordinator will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve the Complainant’s access to the University’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 Notice of Investigation and Allegation(s) (NOIA), the Title IX 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 Title IX Coordinator does not initiate a Complaint.
Educational Conversation
The Complainant(s) may request that the Title IX Coordinator address their allegations by meeting (with or without the Complainant) with the Respondent(s) to discuss concerning behavior and institutional policies and expectations. Such a conversation is non-disciplinary and non-punitive. Respondent(s) are not required to attend such meetings, nor are they compelled 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 Title IX 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.
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 Title IX Coordinator will determine whether Informal Resolution in the form of a mutual agreement is an option.
Only if this Informal Resolution option is available, the Title IX Coordinator will determine whether all Parties and the University are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. The Title IX 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 and the community.
If an agreement is reached between the Parties and the Title IX Coordinator, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of the Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate Title IX Team member(s), as necessary.
This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties and the University cannot agree on all terms of resolution, the Resolution Process will either continue or resume. If Respondent waives further process, refer to Section I, below.
Alternative Resolution
The University 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 Title IX Coordinator or other appropriate University 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 Title IX Coordinator may consider the following factors to assess whether alternative resolution is appropriate, or which form of alternative resolution may be most successful for the Parties:
The Title IX 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, often including terms of confidentiality, release, and non-disparagement.
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 Title IX 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 Title IX 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 University will initiate or continue an investigation and subsequent Resolution Process to determine whether the Policy has been violated.
Investigator Appointment Prior to an investigation being initiated, the Title IX Coordinator appoints an Investigator(s). These Investigators may be Deputy Title IX Coordinators, University Title IX Investigators, or any other properly trained Investigator, whether internal or external to the University community.
Witness Role and Participation in the Investigation Employees (not including Complainant and Respondent) are required to cooperate with and participate in the University’s investigation and Resolution Process. Student witnesses and witnesses from outside the University community cannot be required to participate but are encouraged to cooperate with University investigations and to share what they know about a Complaint.
Interviews may be conducted in person (preferred) or via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime, WebEx),. The Title IX Coordinator will take appropriate steps to ensure the security/privacy of interviews.
Parties and witnesses may also provide video or written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.
Interview Recording It is standard practice for Investigators to create records of all interviews pertaining to the Resolution Process. The Parties may review copies of their own interviews upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings.
All interviews are recorded, and all involved persons should be made aware of the audio and/or video recording. The recording and/or transcript of those meetings will be provided to the Parties for their review, after which the Parties may pose additional questions to each other. Those subsequent meetings or interviews are also recorded and/or transcribed and shared with the Parties.
Evidentiary Considerations 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 violation of Policy.
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.
Respondent Admits Responsibility At any point in the proceedings, if a Respondent elects to admit to the charged 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 limit the respondent’s right to appeal only on the grounds that the sanction imposed was clearly inappropriate or disproportionate. The Complainant retains their right to appeal a determination when a Respondent admits responsibility.
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 recording or transcript 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 recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.
The Investigator(s) typically take(s) the following steps, if not already completed and not necessarily in this order:
Administrative Resolution Process The Administrative Resolution Process consists of a hand-off of the investigation report and all relevant evidence to the Decision-maker panel to make a finding and determine sanctions if applicable.
The Title IX Coordinator will appoint a three-person panel of trained individuals with one of the three members appointed as the Chair. The Title IX Coordinator will ensure that the panel members should not be from departments in which either party is employed or enrolled in a course of study, or has a mentoring relationship or other personal relationship with either of the parties. The panel membership composition will vary based upon the responding party’s role/relationship with the University. The identities of the panel members will be communicated to the complainant and respondent. Either party has the right to raise any concerns they may have regarding the panel membership composition and submit a written request to the designated administrator that contains the grounds to support a claim of a panel member’s bias, conflict of interest, or an inability to be fair and impartial, within three (3) business days after being informed of the panel membership composition. The Title IX Coordinator may choose another trained panel member in place of the original panelist. Decisions regarding the composition of the panel are made at the sole discretion of the Title IX Coordinator
If the respondent is a member of the University faculty, the panel membership composition will include two faculty and one staff. 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. In every panel every effort will be made to ensure that panels are diverse in terms of race, gender, and hearing status.
The Administrative Resolution Process typically takes approximately thirty (30) business days to complete, beginning with the Decision-maker’s receipt of the Draft Investigation Report. The Parties will be regularly updated on the timing and any significant deviation from this typical timeline.
Once the Decision-maker receives and reviews the file, they can recommend dismissal to the Title IX Coordinator, if they believe the grounds are met.
Prior to a determination, the Title IX Coordinator will also provide the Parties with an opportunity to submit a written impact and/or mitigation statement. The Title IX Coordinator 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 Title IX Coordinator and review them prior to determining sanctions. They will also be exchanged between the Parties at that time.
Within ten (10) business days of the conclusion of the Resolution Process, Gallaudet University 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 Title IX Coordinator is permitted to share pursuant to state or federal law, and a detailed rationale, written by the Decision-maker, supporting the findings to the extent the Title IX Coordinator 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.
Gallaudet University 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 Title IX Coordinator records, or emailed to the Parties’ Title IX Coordinator -issued or designated email account. Once mailed, emailed, and/or received in person, the outcome notification is presumptively delivered.
If there is a finding that Respondent is responsible for violating the Policy, then the factors the Decision-maker may consider when determining sanctions and responsive actions include, but are not limited to:
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.
Student Sanctions The following sanctions may be imposed for violations of the Sexual Harassment Policy. The panel may impose other sanctions instead of or in addition to those specified below, as deemed appropriate.
Employees The following sanctions may be imposed for violations of the Policy. The panel may impose other sanctions instead of or in addition to those specified below, as deemed appropriate. Faculty may have additional processes available to them before sanctions become effective.
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.
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 University, the Resolution Process may continue, or the Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the University 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 University 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 the University 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 University may impose interim measures, such as a prohibition from entering campus premises and attending University events or activities on and off-campus, prior to the outcome determination and sanction decision.
If the student Respondent takes a leave for a specified period of time (e.g., one semester or term), the Resolution Process may continue remotely. If found in violation, that student is not permitted to return to University unless and until all sanctions, if any, have been satisfied.
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 University with unresolved allegations pending, the Resolution Process may continue, or the Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the University 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 the University in any capacity. Human Resources 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 academic admission or rehire with the University. The records retained by the Title IX Coordinator will reflect that status.
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 University 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.
Appeal Officer Appeal officers are specially trained in their roles related to the adjudication of sex discrimination, sexual harassment allegations, and retaliation and receive annual training on the Policy and Procedures as well as on topics relevant to the adjudication of sex discrimination, sexual harassment, and retaliation allegations.
The appeal officer selected to review an appeal will vary based upon the respondent’s role/relationship with the University. The Provost will handle faculty appeals; the appropriate staff divisional senior administrator or Provost (or their designee) will handle staff appeals; and the Dean of Student Affairs (or their designee) will handle student appeals. The appeal officer must be impartial and free from bias or conflict of interest; otherwise they must rescue themselves from the appeal process. In such instances the Title IX Coordinator will identify an alternate appeal officer.
Appeal Grounds Appeals are limited to the following grounds:
Request for Appeal Any party may submit a written request for appeal (“Request for Appeal”) to the Title IX 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 the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.
If any of the information in the Request for Appeal meets the grounds in this Policy, then the Appeal Decision-maker will notify all Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-maker.
All other Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-maker will be provided a copy of the Request for Appeal with the approved grounds. The Parties, and others if appropriate, are then given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties for review and comment.
The non-appealing party (if any) may also choose to appeal at this time. If so, that Request for Appeal will be reviewed by the Appeal Decision-maker to determine if it meets the grounds in this Policy and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or original Decision-maker, as necessary, who will submit their responses, if any, within five (5) business days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties and their Advisors will be notified accordingly, in writing.
No party may submit any new Requests for Appeal after this time period. The Appeal Decision-maker will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Appeal Decision-maker, who will promptly render a decision.
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 are made by the Appeal Officer who will 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 Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.
Appeal Outcome An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator and/or Decision-maker or the Title IX 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. The Appeal Outcome will specify the finding on each appeal ground, any specific instructions for remand or reconsideration, all sanction(s) that may result which the University is permitted to share according to federal or state law, and the rationale supporting the essential findings to the extent the University is permitted to share under federal or state law.
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’ 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 four (4) available appeal grounds.
Sanction 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.
Following the conclusion of the Resolution Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or the University community that are intended to stop the sex discrimination, sex-based harassment, and/or retaliation, remedy the effects, and prevent recurrence.
These remedies/actions may include, but are not limited to:
At the discretion of the Title IX Coordinator, certain long-term supportive measures may also be provided to the Parties even if no Policy violation is found.
When no Policy violation is found, the Title IX Coordinator will address any remedies the University owes the Respondent to ensure no effective denial of educational access.
The University will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the University’s ability to provide these services.
All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker(s), including the Appeal Panel or Decision-maker or the Informal Resolution agreement.
Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or for any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the University.
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 Title IX Coordinator’s satisfaction.
Disability Accommodations The University is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the University’s Resolution Process.
Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with Accessibility Resources Center as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.
Other Support The University will also address reasonable requests for support for the Parties and witnesses, including:
These procedures succeed any previous procedures addressing sex discrimination, sex-based or sexual harassment, and retaliation for incidents occurring on or after August 1, 2024. The Title IX Coordinator will regularly review and update these procedures. The University 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 governing 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.
Refer to Appendices, A, B, C and D for additional information.
Authority: Administrative Policy 3.19 EOP.06: Clerc Center’s Sex Discrimination, Sex-Based Harassment and Retaliation Resolution Process Effective: August 1, 2024
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.
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.
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.
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.
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.
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:
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:
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 risk that additional acts of sex discrimination would occur if a Complaint is not initiated.
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.
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:
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.
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 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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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:
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)
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
Factors the Decision-maker may consider when determining sanctions and responsive actions include, but are not limited to:
1. Student Sanctions
The following are the common sanctions that may be imposed upon students singly or in combination:
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the TIX Coordinator’s satisfaction.
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.
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.
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:
The University and Clerc will also maintain any and all records in accordance with federal and state laws.
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.
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.
Sex discrimination is different treatment with respect to a person’s employment or participation in an education program or activity based, in whole or in part, upon the person’s actual or perceived sex.
Discrimination can take two primary forms:
1. Disparate Treatment Discrimination:
2. Disparate Impact Discrimination:
Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.
3. Quid Pro Quo:
4. Hostile Environment Harassment:
The University and Clerc reserve the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not prohibited by law. Addressing such conduct will not result in the imposition of discipline under A&O 3.02, but may be addressed through respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms.
For assistance with Alternative Resolution and other Informal Resolution techniques and approaches, contact the Title IX Coordinator.
5. Sexual Assault:
6. Dating Violence, defined as:
7. Domestic Violence, defined as:
Violence,
8. Stalking, defined as:
For the purposes of this definition—
§ Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
§ Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
§ Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
1. Sexual Exploitation:
Examples of Sexual Exploitation include, but are not limited to: § Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
§ Invasion of sexual privacy (e.g., doxxing)
§ Knowingly making an unwelcome disclosure of (or threatening to disclose) a person’s sexual orientation, gender identity, or gender expression
§ Taking pictures, video, or audio recording of another person in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
§ Prostituting another person
§ Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
§ Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
§ Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
§ Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
§ Knowingly soliciting a minor for sexual activity
§ Engaging in sex trafficking
§ Knowingly creating, possessing, or disseminating child sexual abuse images or recordings
§ Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)
1. Bullying:
2. Endangerment:
3. Hazing:
For the purposes of this definition: § It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of hazing to be upheld.
§ It shall not constitute an excuse or defense to a hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.
§ The actions of alumni, active, new, and/or prospective members of a student group or student organization may be considered hazing.
§ Hazing is not confined to the student group or student organization with which the person subjected to the hazing is associated.
4. Retaliation:
The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for the University or Clerc to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under A&O 3.02. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
5. Unauthorized Disclosure:
6. Failure to Comply/Process Interference
The following sanction ranges apply for Prohibited Conduct under this Policy. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the Respondent’s cumulative conduct record.
As used in this Policy, the following definitions and understandings apply:
1. Consent Consent is defined as:
Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.
Consent is effective when it is clear, knowing, and voluntary by using mutually understandable words or actions that give permission for specific sexual activity or contact. Reasonable reciprocation can be implied. Consent cannot be gained by force, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another, where the accused individual knows or reasonably should have known of such incapacitation.
If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.
Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, sexual activity should cease within a reasonably immediate time.
Passivity, silence or the absence of resistance alone should not be interpreted as consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.
There should not be unreasonable pressure for sexual activity, which is coercive conduct.
Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of sexual assault.
Proof of consent or non-consent is not a burden placed on either party involved in a Complaint. Instead, the burden remains on the University or Clerc to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.
Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sex, those acts may constitute dating violence or sexual assault.
2. Force
Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent.
Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).
Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.
3. Incapacitation
Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including because of alcohol or other drug consumption.
This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.
Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.
If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of this Policy. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.
For the purpose of this Policy, the terms privacy, confidentiality, and privilege have distinct meanings.
The University reserves the right to determine which University officials have a legitimate educational interest in being informed about student-related incidents that fall under this Policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).
It should be noted that compliance with the Violence Against Women’s Act (VAWA) or the Clery Act does not violate the Family Educational Rights and Privacy Act (FERPA). The University can disclose to student complainants the final determination of any investigation or disciplinary process involving a “sex offense”, including any sanction that is imposed against the respondent.
Only a small group of officials who need to know will typically be told about the Complaint. Information will be shared as necessary with Investigators, Decision-makers, Appeal Decision-makers, witnesses, the Parties, and the Parties’ Advisors. The circle of people with this knowledge will be kept as tight as possible to preserve the Parties’ rights and privacy, and release is governed by the institution’s unauthorized disclosure policy.
The University may contact students’ parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk but will usually consult with the student prior to doing so.
All Investigators, Decision-makers, and other persons who are responsible for implementing the Clerc Center Title IX policies and procedures will receive training related to their duties under Title IX promptly upon hiring or change of position that alters their duties under Title IX, and annually thereafter. Materials will not rely on sex stereotypes. Training topics include, but are not limited to:
Expectations Regarding Unethical Relationships
There are inherent risks in any romantic or sexual relationship between persons in unequal positions, such as faculty member-student or supervisor-employee. In reality, these relationships may be less consensual than perceived by the person whose position confers power or authority. Similarly, each of the Parties may view the relationship differently, particularly in retrospect. Circumstances may change, and once welcome conduct may become unwelcome at some point in the relationship.
Even when the Parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a relevant Policy violation still exists. The University does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the Title IX Coordinator ’s goals and policies. However, for the personal protection of members of this community, relationships in which power differentials are inherent (e.g., faculty-student, staff-student) are generally discouraged. They may also violate standards of professionalism and/or professional ethics.
Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must promptly inform their supervisor and/or Gallaudet University. The existence of this type of relationship will likely result in removing the supervisory or evaluative responsibilities from the employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an applicable relationship existed prior to adoption of this Policy or prior to employment, the duty to notify the appropriate supervisor still pertains.
While no relationships are specifically prohibited by this Policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an employee. Gallaudet University will determine whether to refer violations of this provision to Human Resources for employees or SARP for students for resolution, or to pursue resolution under this Policy, based on the circumstances of the allegation.
Americans with Disabilities Act of 1990 - prohibits discrimination based on disability in employment, public accommodations, public services, transportation, and telecommunications and requires provision of reasonable accommodations to qualified individuals with disabilities. Section 503, Rehabilitation Act of 1973 - prohibits discrimination based on disability in...
Student Affairs The University believes the mediation of disputes will encourage reporting and resolution of complaints. Mediation is appropriate when all parties involved-the complainant(s) and respondent(s)-voluntarily agree to engage in the mediation process. Mediation will involve resolution of the incident, and the resolution may include...