Sexual and Interpersonal Misconduct Policy (Title IX)

Sexual and Interpersonal Misconduct Policy

I. Scope

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. Under Title IX, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Bryan College of Health Sciences is committed to creating a respectful, safe, and non-threatening environment that is free from sex discrimination, sex-based harassment, and other conduct prohibited by this policy, and it takes preventative measures to ensure to the extent possible that students, faculty and staff are appropriately protected from such actions.

This policy and its procedures (“policy”) applies to all members of the College community, including students, faculty, staff, and third parties.

This policy applies to conduct prohibited by this policy (“Prohibited Conduct”) when the conduct occurs on campus and/or in the context of any College program or activity within the United States. This policy applies exclusively to reported conduct that falls within the scope of the policy and that reportedly occurred on or after August 1, 2024. In accordance with Title IX, this policy does not apply retroactively. When the College receives a report of conduct that would fall within the scope of the College’s previously-adopted Sexual Harassment/Interpersonal Violence Policy and that reportedly occurred between August 14, 2020 and July 31, 2024, it will apply the policy and procedures in effect at the time of the alleged conduct.

This policy applies to all acts of Prohibited Conduct between individuals, regardless of the sex, gender identity, gender expression, and/or sexual orientation of those individuals.

All members of the community including students, faculty, and staff are encouraged to cooperate fully in efforts to investigate and enforce this policy. Retaliation for the purpose of interfering with a right or privilege secured by this policy, or because a person has reported information, made a complaint, testified, assisted, or participated or refused to participate in a process related to this policy, and as defined more fully below, is prohibited.

II. Notice of Nondiscrimination

Bryan College of Health Sciences does not discriminate in its educational and employment policies and its admission policies and practices. The College’s Title IX Coordinator is responsible for ensuring the College meets its Title IX obligations and will maintain oversight of the College’s investigation, resolution and response to reports of sex-based discrimination and sex-based harassment. While always maintaining this overall oversight function, the Title IX Coordinator may delegate various functions described in this policy as deemed appropriate; therefore, references to the Title IX Coordinator throughout this policy should also be read as “Title IX Coordinator or designee.”

Inquiries about Title IX may be referred to the College’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights (“OCR”), or both. The College’s Title IX Coordinator is Alethea Stovall, whose contact information is: Alethea Stovall, Dean of Students, 1535 S. 52nd St., office #233, Lincoln, NE 68506, 402-481-3804 or alethea.stovall@bryanhealth.org. The contact information for the regional OCR office is: United States Department of Education Office for Civil Rights Office,

Lincoln Office:
Main Phone: (402) 437-5241 or toll free (800) 889-9123
Fax Line: (402) 437-5390

Lincoln:
United States Attorney's Office
487 Federal Building
100 Centennial Mall North
Lincoln NE 68508

The College’s nondiscrimination policy and grievance procedures can be located at

Non-Discrimination Policy, Bryan College of Health Sciences (bryanhealthcollege.edu)

To report information about conduct that may constitute Prohibited Conduct or make a complaint of Prohibited Conduct under Title IX, please refer to the

Non-Discrimination Policy, Bryan College of Health Sciences (bryanhealthcollege.edu)

Dr. Alethea Stovall, Title IX Compliance Coordinator	Dr. Angela McCown, Title IX Deputy Director
Dean of Students	Graduate Nursing Associate Professor
Office 233	Office 318
402-481-3804	402-481-3663
alethea.stovall@bryanhealth.org	angela.mccown@bryanhealth.org

III. Prohibited Conduct

Bryan College of Health Sciences prohibits sex-based discrimination, sex-based harassment, sexual assault, dating violence, domestic violence, stalking (on the basis of sex and otherwise), sexual exploitation, non-consensual sexual contact, related retaliation, and aiding or facilitating the commission of such conduct, all as defined below (“Prohibited Conduct”).

An attempt to engage in conduct that constitutes Prohibited Conduct, as defined by this policy, even if the attempt does not result in a completed act, may be treated itself as a violation of this policy. Conduct may simultaneously violate two or more of the types of Prohibited Conduct listed above and defined below.

Specifically, Prohibited Conduct is defined for purposes of this policy as follows:

A. Sex-Based Discrimination

Sex-Based Discrimination means actions or policies that have the purpose or effect of treating a person differently and adversely because of their sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity.

B. Sex-Based Harassment

Sex-Based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

1. Quid pro quo harassment. An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

2. Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(a) The degree to which the conduct affected the complainant’s ability to access the College’s education program or activity;

(b) The type, frequency, and duration of the conduct;

(c) The parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(d) The location of the conduct and the context in which the conduct occurred; and

(e) Other sex-based harassment in the College’s education program or activity; or

3. Specific offenses.

(a) Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, which includes:

(i) The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity;

(ii) Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity;

(iii) To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity;

(iv) Fondling, that is, the touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity;

(v) Incest, that is, nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; and

(vi) Statutory Rape, that is, nonforcible sexual intercourse with a person who is under the statutory age of consent. Sexual intercourse with a person who is under the statutory age of consent.
- Under Nebraska’s laws, a person commits the crime of first degree sexual assault of a child (the most serious type of statutory rape) by:
- subjecting a child under the age of 12 to sexual penetration when the defendant is over the age of 19, or
- subjecting a child over the age of 12 but under the age of 16 to sexual penetration when the defendant is over the age of 25.

(b) Dating violence, meaning violence committed by a person:

(i) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(ii) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

(A) The parties’ statements;

(B) The length of the relationship;

(D) The frequency of interaction between the persons involved in the relationship;

(i) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the victim;

(ii) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

(iii) Shares a child in common with the victim; or

(iv) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

(d) Stalking, meaning engaging in a course of conduct directed at a specific person on the basis of sex that would cause a reasonable person to:

(i) Fear for the person’s safety or the safety of others; or

(ii) Suffer substantial emotional distress.

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.
Stalking may include cyber-stalking, in which electronic media such as the internet, cell phone, texts, or other forms of electronic contact are used to, for example, make unwelcome contact with another person.

C. Non-Sex-Based Stalking

Non-Sex-Based Stalking means stalking as defined immediately above that is directed at a specific person, but not on the basis of sex.

D. Sexual Exploitation

Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that other person without that other person’s consent. Examples of behavior that could constitute sexual exploitation include but are not limited to the following:

Recording or capturing through any means images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nudity without that person’s consent;
Distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nudity, if the individual distributing the images or audio knows or should have known that the person(s) depicted in the images or audio did not consent to such disclosure and object(s) or would object to such disclosure; or
Surreptitiously viewing another person’s sexual activity, intimate body parts, or nudity in a place where that person would have a reasonable expectation of privacy, without that person’s consent, if the individual viewing the other person’s or persons’ sexual activity, intimate body parts, or nudity in such a place knows or should have known that the person(s) being viewed would object to that.

Exception: The College’s prohibition of sexual exploitation is not intended to prohibit the use of sexually explicit materials that are reasonably related to the college’s academic mission. Specifically, this section is not intended to proscribe or inhibit the use of sexually explicit materials, in or out of the classroom, when in the judgment of a reasonable person they arise appropriately to promote genuine discourse, free inquiry, and learning.

E. Retaliation

Retaliation means intimidation, threats, coercion, or discrimination against any person by the College or an individual Respondent, for the purpose of interfering with any right or privilege secured by this policy, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and/or the informal resolution processes described in this policy; provided, however, that if the College decides to require an employee or other person authorized to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding or hearing under this policy, that will not constitute retaliation. Retaliation prohibited by this policy includes retaliation by a respondent or respondents against a peer (i.e., student-student or employee-employee retaliation).

IV. Definitions

The following definitions apply to terms used in and for the purposes of this policy.

Confidential Resource means, when consulted in a privileged and/or confidential capacity regarding Prohibited Conduct, as explained in more detail below.

Complainant means:

(1) A student or employee who is alleged to have been subjected to conduct that could constitute Prohibited Conduct; or

(2) A person other than a student or employee who is alleged to have been subjected to Prohibited Conduct and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged Prohibited Conduct.

Complaint means an oral or written request to the College that objectively can be understood as a request for the College to investigate and make a determination about alleged Prohibited Conduct.

Confidential Employee means:

(1) An employee of the College whose communications are privileged or confidential under Federal or State law. The employee’s confidential status, for purposes of this policy, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;

(2) An employee of the College whom the College has designated as a Confidential Employee under this policy for the purpose of providing services to persons related to Prohibited Conduct. If such an employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about Prohibited Conduct in connection with providing those services; or

(3) An employee of the College who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination—but the employee’s confidential status is only with respect to information received while conducting the study.

Consent means words or actions demonstrating a knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent cannot be coerced, obtained by force, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another. In the case of drugs, alcohol, or other impairing substances, incapacitation is determined by how the person’s decision-making ability is affected and the ability of the person to make informed judgments. The relevant standard for review is whether the person alleged to have engaged in sexual misconduct knew, or a sober, reasonable person in the same position should have known, that the complainant was incapacitated. Consent to one form of activity is not consent to another. Consent can be withdrawn at any time. Incident-specific consent is required even if the two parties are in a relationship.

Disciplinary sanctions means consequences imposed on a respondent following a determination under this policy that a Respondent violated the College’s prohibition on Prohibited Conduct.

Informal Resolution is a non-investigative approach to a complaint designed to address Prohibited Conduct through means that do not involve a formal investigation and resolution process.

Formal Resolution is an investigative approach to a complaint which involves formal investigation and resolution procedures that are outlined below.

Party means a complainant or respondent.

Pregnancy or related conditions means:

(1) Pregnancy, childbirth, termination of pregnancy, or lactation;

(2) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(3) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Prohibited Conduct means conduct prohibited by the definitions of Prohibited Conduct stated above.

Preponderance of the Evidence is a standard of proof that considers whether it is more likely than not that certain facts at issue occurred, and/or whether Prohibited Conduct occurred.

Relevant means related to the allegations of Prohibited Conduct under investigation as part of procedures described below. Questions are relevant when they seek evidence that may aid in showing whether alleged Prohibited Conduct occurred, and evidence is relevant when it may aid a decisionmaker in determining whether alleged Prohibited Conduct.

Remedies means measures provided, as appropriate, to a complainant or any other person the College identifies as having had their equal access to the College’s education program or activity limited or denied by Prohibited Conduct. These measures are provided to restore or preserve that person’s access to the College’s education program or activity after the College determines that Prohibited Conduct occurred.

Respondent means a person who is alleged to have violated the College’s prohibition on Prohibited Conduct.

Responsible Employee means all College faculty, staff, and administrators, student employees who have a responsibility for student welfare, and student volunteers who have a responsibility for student welfare and who are not defined above as Confidential Employees. Responsible Employees are required to promptly report any information they become aware of about conduct that reasonably may constitute Prohibited Conduct to the Title IX Coordinator.

Sanctioning Officer means a person who has been designated by the College to determine and impose appropriate sanctions in matters that involve allegations of sex-based harassment where one or more of the parties is a student, and where a decisionmaker decides after a live hearing that the respondent is responsible for Prohibited Conduct.

Supportive measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

(1) Restore or preserve that party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the parties or the College’s educational environment; or

(2) Provide support during the College’s grievance procedures or during an informal resolution process.

V. Sexual Harassment/Interpersonal Violence Policy Statement

This policy covers all Bryan College of Health Sciences students, regardless of sexual orientation, gender identity or expression, including part-time and full-time students, in all degree seeking and certificate programs and students at-large. This policy also applies to the College’s administrators, faculty, staff, visitors, and applicants for employment or admission. The College prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking as those terms are defined for purposes of the Clery Act (see above).

The disciplinary process for Prohibited Conduct will be available to a student with a complaint and enforced against a person found to have engaged in the behavior. Students engaged in Prohibited Conduct may also be subject to criminal and civil procedures at state and/or federal levels. The College is committed to fair and prompt procedures to investigate and adjudicate reports of Prohibited Conduct and to the education of the College community about the importance of responding to all forms of sexual misconduct. Special emphasis is placed on the rights, needs, and privacy of the student with a complaint, as well as the rights of the accused while adhering to all federal, state, and local requirements for intervention and crime reporting related to sexual misconduct.

The College strives to create an environment which encourages students to come forward if they feel they have been subjected to Prohibited Conduct. While the College strives to protect the confidentiality of both complainant and respondent, complete confidentiality cannot be guaranteed, as discussed in more detail below. The College will take reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation, but its ability to do so may be limited based on the nature of the request. As discussed further below, the College must balance the needs of the individual student with its obligation to protect the safety and well-being of the community at large. Therefore, depending on the seriousness of the alleged incident and individual circumstances, further action may be necessary including an investigation, a campus security alert, a timely warning and/or notification of local law enforcement. Personally identifying information about complainants will not, however, be released in campus security alerts or timely warnings.

Reasonable steps will be taken to prohibit and address retaliation as defined in this policy. Any individual who engages in retaliation will be subject to prompt and appropriate disciplinary action under this policy.

Inquiries about Prohibited Conduct need not begin with a complaint, nor do they necessarily result in a complaint. Inquiries can be made without disclosing specific details such as names and places. Inquiries are appropriate whether sexual harassment or interpersonal violence has just begun or the complainant has already made efforts to resolve the problem him/herself. Any activity perceived as sexual harassment or interpersonal violence should be reported to the College’s Title IX Coordinator: Dr. Alethea Stovall, Dean of Students, who is identified and authorized as the Title IX Coordinator and is responsible for coordinating the College’s efforts to comply with Title IX, or a member of the College’s administration, for investigation and action.

A complaint of alleged Prohibited Conduct may not always be able to be substantiated, but the lack of corroborating evidence should not discourage an individual from seeking relief through procedures outlined in this policy. However, it is a violation of the policy to falsely and in bad faith accuse faculty, staff or students of Prohibited Conduct.

The College encourages individuals who have experienced Prohibited Conduct and/or complainants to talk to somebody about what happened so they can get the support they need, and so the College can respond appropriately.

VI. Procedures for Reporting, Responding to and Resolving Alleged Prohibited Conduct

A. Employee Reporting Obligations

Different employees on campus have different abilities to maintain a person’s confidentiality, and different obligations when they have or receive information about conduct that reasonably may constitute Prohibited Conduct.

1. Confidential Resources

The College designates the following categories of College employees as Confidential Resources.

a. Professional Counselors

Professional, licensed counselors who provide mental-health counseling to members of the College community are Confidential Resources who are not required to report any information about an incident of Prohibited Conduct to the Title IX Coordinator without an individual’s permission. There are currently no procedures to encourage professional counselors, if and when they deem it appropriate, to inform the persons they are counseling of procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics. Following is the contact information for these individuals:

BCHS Mental Health Practitioner

Mel Stutzman

Bryan College of Health Sciences Office 216b

402-481-3831

Continuum EAP

1135 M Street, Ste 400

Lincoln, NE 68508

402-476-0186 or

1-800-755-7636

Pastoral Care

Bryan Health

East Campus - 402-481-3404

West Campus – 402-481-5130

b. Non-professional Counselors and Advocates

Individuals who work in the on-campus Professional Development Services and Health and Wellness Services, and Bryan Medical Center, Employee Health can generally talk to an individual without revealing any personally identifying information about an incident to the College. An individual can seek assistance and support from these individuals without triggering a College investigation that could reveal the individual’s identity or that the individual has disclosed the incident.

While maintaining an individual’s confidentiality, these individuals or their office should report the nature, date, time, and general location of an incident to the Title IX Coordinator. This limited report, which includes no information that would directly or indirectly identify the individual, helps keep the Title IX Coordinator informed of the general extent and nature of Prohibited Conduct on and off campus so the Coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Coordinator, these individuals will consult with the individual to ensure that no personally identifying details are shared with the Title IX Coordinator. These individuals or their office will also report the nature, date, time and general location of an incident (but not the identity of the individual, unless necessary to promote safety) to the Security Department so that the report can be included in the College’s crime statistics.

Following is contact information for these non-professional counselors and advocates:

Health and Wellness Services

Melinda White

Jennine Neihardt

Bryan College of Health Sciences Office 206

402-481-8468

Employee Health Services

Bryan Health

East Campus

West Campus

Firestone Campus

402-481-8622

An individual who speaks to a professional or non-professional counselor or advocate must understand that, if the individual wants to maintain confidentiality, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator.

These counselors and advocates will assist the individual in receiving necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health, or mental health services, and changes to working or course schedules. An individual who at first requests confidentiality may later decide to file a complaint with the College or report the incident to local law enforcement, and thus have the incident fully investigated. These counselors and advocates will provide the individual with assistance if the individual wishes to do so.

These professional and non-professional counselors and advocates will maintain a individual’s confidentiality at the College but they may have reporting or other obligations under state law such as mandatory reporting to law enforcement in cases involving minors or imminent harm to self or others, and they may be required to testify if subpoenaed in a criminal case.

If the College determines that the alleged perpetrator(s) pose a serious and immediate threat to the College community, the College’s Executive Committee may be called upon to issue a timely warning to the community. Any such warning should not include any information that identifies the victim and/or complainant.

If an individual discloses to a Confidential Resource within the scope of their roles as such information about conduct that reasonably may constitute Prohibited Conduct, such employees will and must explain to the patient/client who informs the Confidential Resource of conduct that reasonably may constitute Prohibited Conduct:

The employee’s status as confidential for purposes of this policy, and that they will not report personally-identifiable information about conduct that reasonably may constitute Prohibited Conduct to the Title IX Coordinator without the individual’s permission;
How to contact the Title IX Coordinator and how to make a complaint of Prohibited Conduct; and
That the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate an informal resolution process or an investigation under this policy.

2. “Responsible Employees”

As noted above, a “responsible employee” means all College faculty, staff, and administrators, student employees who have a responsibility for student welfare, and student volunteers who have a responsibility for student welfare and who are not defined above as Confidential Resources. Responsible Employees are required to promptly report any information they become aware of about conduct that reasonably may constitute Prohibited Conduct to the Title IX Coordinator.

When an individual tells a responsible employee about an incident of Prohibited Conduct, the responsible employee must report to the Title IX Coordinator all relevant details about the alleged Prohibited Conduct shared by the individual which, ideally, will include the names of the individual and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. Such reports must, absent extenuating circumstances, be made within 5 calendar days of when the responsible employee learns of the information in question.

To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report.

All regular full and part-time employees who are not identified above as confidential resources are responsible employees.

Before an individual reveals any information to a responsible employee, the employee should ensure that the individual understands the employee’s reporting obligations and, if the individual wants to maintain confidentiality, direct the individual to confidential resources.

If the individual wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the individual that the College will consider the request, but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the individual’s request for confidentiality.

Responsible employees will not pressure an individual to request confidentiality, but will honor and support the individual’s wishes, including for the College to fully investigate an incident. By the same token, responsible employees will not pressure an individual to participate in an investigation if the individual is not ready to or does not wish to do so.

Any student who feels he/she has been harassed or subjected to Prohibited Conduct may utilize these procedures to initiate an internal complaint to address the situation.

To encourage reporting, any individual (including a bystander or third party) who reports Prohibited Conduct will not be subject to disciplinary action by the College for one’s own personal use of alcohol or other drugs at or near the time of the incident, provided that any such violations did not harm or place the health or safety of any other person at risk. The College may offer support, resources and educational counseling to such individual.

B. Making Reports and Initiating Complaints

Bryan College of Health Sciences encourages any person who believes that he or she has been subjected to Prohibited Conduct as defined in this policy to immediately file a complaint with Title IX Coordinator Dr. Alethea Stovall, Dean of Students, or a member of the College’s administration for investigation and action.

Responsible employees are required, and students are strongly encouraged, to report to the individuals identified below any information about conduct that could reasonably constitute Prohibited Conduct as defined in this policy:

Title IX Coordinator:

Alethea Stovall, Dean of Students,

1535 S. 52nd St., office #233, Lincoln, NE 68506,

402-481-3804 or alethea.stovall@bryanhealth.org

Deputy Title IX Coordinator:

Angela McCown, Associate Professor Graduate Nursing

1535 S. 52nd St., office #318, Lincoln, NE 68506,

402-481-8712 or angela.mccown@bryanhealth.org

If a member of the Bryan College of Health Sciences community observes a violation of this Sexual Harassment/Interpersonal Violence Policy wherein a minor (an individual under the age of nineteen (19) years of age) is involved, Nebraska law requires them to report it to the proper law enforcement agency or Department of Health and Human Services. A report should also be made to campus security, if the individual is facing immediate danger.

In accordance with the Clery Act, students or employees reporting that they have been a victim of domestic or dating violence, sexual assault, and stalking, will be provided written notice of their rights and options, which include: (i) to be assisted by campus authorities if reporting a crime to local law enforcement; (ii) change academic, living, transportation and or working situations or protective measures; (iii) obtain or enforce a no contact directive or restraining order; (iv) have a clear description of Bryan College of Health Science’s disciplinary process and know the range of possible sanctions; and (v) receive contact information about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student and financial aid, and other services available both on-campus and in the community. Providing this statement in written format to the victim shall meet the requirement of providing the victim their rights. More information about these issues is provided below.

In addition to the complainant’s ability to file a complaint with the College, the complainant has the right to simultaneously file/report a complaint with local law enforcement. College personnel will assist the complainant in reporting the alleged offense to the police if he/she desires such assistance. The complainant will also be informed of the importance of preserving evidence of a criminal offense at the time of the first reporting. College action against violators of this policy does not in any way preclude the possibility of criminal action by civil authorities, should the complainant wish to pursue criminal charges. If the complainant chooses to make a police report, he or she will likely meet with police officers, who will work with the complainant to gather information about the experience, and to gather relevant evidence. Again, College representatives can support the complainant in interactions with law enforcement authorities if that is desired. An individual may also decline to notify law enforcement authorities.

The College will attempt to respond to reports of Prohibited Conduct brought anonymously or brought by third parties not directly involved in the reported conduct, to the greatest extent practical. However, the response to such reports may be limited if information presented in the report cannot be verified or corroborated by other information.

C. Supportive Measures

It is not necessary to file a complaint, participate in an adjudication process, or file a criminal complaint in order to request supportive measures from the College. Supportive measures are defined for purposes of this policy as individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

Restore or preserve that party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the parties or the College’s educational environment; or
Provide support during the College’s investigative resolution process or informal resolution process.

Upon receipt of a report of Prohibited Conduct, the College will consult initially with the complainant and provide reasonably available and appropriate supportive measures. If applicable and at the appropriate time, the College will also consult with the respondent regarding supportive measures. The College may, as appropriate, modify or terminate supportive measures at the conclusion of any investigative resolution or informal resolution process, or may continue them in the same or modified form beyond that point. While some supportive measures may only be applicable and appropriate during a resolution process, supportive measures may be provided at any time, regardless of whether a resolution process has been initiated or completed.

Supportive measures may include but are not limited to:

counseling;
extensions of deadlines and other course-related adjustments;
letters instructing the parties not to contact each other (i.e., “no contact orders”);
training and education programs related to Prohibited Conduct;
academic accommodations, such as access to tutoring, rescheduling of exams or assignments, and/or the ability to drop a course without penalty;
modifications of work schedules, change in work locations, changing working arrangements, or providing other employment accommodations as appropriate;
residential accommodations, including but not limited to arranging for new housing, or providing temporary housing options, as appropriate;
leaves of absence;
increased security and monitoring of certain areas of the campus;
assistance setting up initial appointments for counseling and/or medical services;
providing an escort and other safety planning steps;
assistance in evaluating implications for financial aid, immigration or visa status;
referral to resources that can assist in obtaining a civil order of protection;
other changes in class, work, housing or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
changes to another party’s schedule, housing, academic arrangements and/or participation in College education programs or activities that do not unreasonably burden that party; and/or
other measures tailored to the involved parties.

Students and employees seeking supportive measures should direct their request to the Title IX Coordinator or designee, who will refer the individual to other resources as appropriate. The request will be evaluated and responded to by the Title IX Coordinator. Factors to be considered in determining reasonable services or accommodations may include but are not limited to the following:

• the specific need expressed by the complainant or respondent;

• the severity and/or pervasiveness of the allegations;

• any continuing effects on the complainant;

• whether the complainant and the respondent share the same residence hall, dining hall, class, extracurricular activities, transportation or job location;

• whether requested Supportive Measures would unreasonably burden a party; and

• whether outside judicial measures have been taken to protect the complainant.

The College will maintain as confidential any supportive measures provided to complainants and/or respondents, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. As such, the College may need to disclose some information about the individual to a third party to provide the necessary supportive measures in a timely manner. The Title IX Coordinator or designee is/are typically responsible for determining what information should be disclosed and to whom it should be disclosed. The decision to disclose information will be made after careful consideration of possible alternatives to disclosure and/or limiting the information provided to the third party as much as possible without compromising the College’s ability to provide the Supportive Measures. The College will work in good faith to implement the requirements of judicially-issued protective orders and similar orders, to the extent that doing so is within its authority.

Requests for supportive measures may be made by either party to the Title IX Coordinator. The Title IX Coordinator is responsible for ensuring the implementation of supportive measures and coordinating the College’s response with the appropriate offices on campus.

The Title IX Coordinator has the discretion to provide, deny, modify, or terminate any supportive measure based on all available information and is available to meet with a complainant or respondent to address any concerns about the provision of supportive measures. The College will provide a complainant or respondent with a timely opportunity to initiate a supportive measure review process, through which a party may seek, from an impartial College employee or designee, modification or reversal of the Title IX Coordinator’s decision to provide, deny, modify, or terminate supportive measures applicable to them. The question for consideration in such reviews will be whether the supportive measure under review is consistent or inconsistent with the definition of supportive measure stated above. Reviewing officials will have the authority to modify or reverse decisions related to supportive measures, if they conclude that the decision under review is inconsistent with the definition of supportive measure stated above. Parties may also seek additional modification or termination of a supportive measure applicable to them if circumstances change materially.

The College will promptly address any violation of supportive measures. All individuals are encouraged to report concerns about the failure of another individual to abide by any restrictions imposed by a supportive measure. The College will take prompt and responsive action to enforce supportive measures, which may include additional supportive measures and/or disciplinary penalties under student or employment disciplinary policies, as applicable.

D. Initial Assessment of a Complaint

1. Initial Notice

Any responsible employee who receives notice of or information about alleged Prohibited Conduct must notify the Title IX Coordinator as soon as possible but no later than five (5) calendar days after receiving the information.

2. Initial Communication with the Complainant and Conducting the Initial Assessment

If a report alleges conduct that would, if proved, constitute Prohibited Conduct, the Title IX Coordinator will:

promptly contact the complainant to discuss the availability of supportive measures as defined above;
consider the complainant’s wishes with respect to supportive measures;
inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
explain to the complainant the College’s formal resolution and informal resolution processes.

The Title IX Coordinator will begin an initial assessment within five (5) calendar days of receiving the complaint unless there are extenuating circumstances. The first step of the assessment will usually be a preliminary meeting with the complainant. The purpose of the preliminary meeting is to gain a basic understanding of the nature and circumstances of the report. It is not intended to be a full review. At this meeting the complainant will be provided with any additional necessary information about resources, procedural options, and supportive measures.

As part of the initial assessment the Title IX Coordinator will generally and as appropriate to the circumstances:

Assess the nature and circumstances of the allegation
Address the physical safety and emotional well-being of the complainant
Notify the complainant of the right to contact law enforcement and seek medical treatment
Notify the complainant of the importance of preserving evidence
Ensure the report is entered into the College’s daily crime log
Assess the reported conduct for the need for a timely warning under the Clery Act
Provide the complainant with information about on- and off-campus resources
Notify the complainant of the range of supportive measures
Provide the complainant with an explanation of the procedural options, including informal resolution and formal resolution
Discuss the complainant’s expressed preference for the manner of resolution and any barriers to proceeding
Explain the College policy prohibiting retaliation

Options typically available to a complainant at the conclusion of the initial assessment include:

Informal Resolution as described below
Formal Resolution as described below
Declining to move forward with the complaint process

If the complainant declines to move forward with the complaint process, the Title IX Coordinator will explain to the complainant that there may be circumstances in which the College is unable to abide by requests for confidentiality or inaction. In certain circumstances the College may decide that it needs to investigate the complainant’s allegations and to take appropriate responsive measures even where the complainant does not wish for the College to do so. The initial assessment will proceed to the point where a reasonable assessment of the safety of the individual and of the College community can be made.

In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator will make a fact-specific determination regarding whether to initiate an investigative resolution process. To make this determination, the Title IX Coordinator will consider, at a minimum, the following factors: the complainant’s request that the College not proceed with the initiation of a complaint; the complainant’s reasonable safety concerns; the risk that additional acts of misconduct would occur if a complaint is not initiated; the severity of the alleged misconduct, including whether the misconduct, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the misconduct and prevent its recurrence; the age and relationship of the parties, including whether the respondent is an employee; the scope of the alleged misconduct, including information suggesting a pattern, ongoing misconduct, or misconduct alleged to have impacted multiple individuals; the availability of evidence to assist a decisionmaker in determining whether misconduct occurred; and whether the College could end the alleged misconduct and prevent its recurrence without initiating a complaint.

If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person, or that the conduct as alleged prevents the College from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate or continue an investigative resolution process as described below. The College will seek to respect the request of the complainant and where it cannot do so, it will consult with the complainant and keep the complainant informed about the chosen course of action. In such situations, prior to initiating or continuing investigative resolution, the Title IX Coordinator will notify the complainant and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.

The College will not compel the complainant to participate in an investigation where the complainant has requested that the College not pursue the investigation. In all cases, the final decision on whether, how, and to what extent the College will maintain the complainant’s confidentiality or conduct an investigation, and whether other measures will be taken in connection with a report of a violation of this policy, rests with the Title IX coordinator.

The College’s ability to investigate and pursue disciplinary action may be limited when the identity of the respondent is unknown or when a complainant requests that their identity not be revealed to the respondent.

If the Title IX Coordinator does not initiate or continue investigative resolution, they will take other appropriate, prompt, and effective steps, in addition to steps necessary to effectuate the remedies provided to an individual complainant, if any, to ensure that the misconduct does not continue within the College’s education program or activity.

3. Relationship to Other Proceedings

The initiation of a formal resolution process under this policy is independent of any criminal investigation or proceeding, and the College will not wait for the conclusion of any criminal investigation or criminal proceeding before commencing its own investigation (though it may pause the initiation of its process briefly at the request of law enforcement) or implementing supportive measures.

The College endeavors to complete the initial assessment process within 10 business days from the date when the Title IX Coordinator receives notice of the alleged or reported Prohibited Conduct, unless that timeframe is extended for good cause as discussed above.

E. Dismissals

The College may dismiss a complaint if:

The College is unable to identify the respondent after taking reasonable steps to do so;
The respondent is not participating in the College’s education program or activity and is not employed by College;
The College receives the complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and the College determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute Prohibited Conduct even if proven; or
The College determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct. Before dismissing the complaint, the College will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the College will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the College will notify the parties simultaneously in writing.

The College will notify the complainant that a dismissal may be appealed on the bases, as applicable, outlined in the Appeals section below. If dismissal occurs after the respondent has been notified of the allegations, then the College will also notify the respondent that the dismissal may be appealed on the same bases, as applicable. If a dismissal is appealed, the College will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, the College will, at a minimum:

Offer supportive measures to the complainant as appropriate;
If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that Prohibited Conduct does not continue or recur within the College’s education program or activity.

F. Emergency Removal/Administrative Leave

1. Emergency Removal of Students

Where there is an imminent and serious threat to the health or safety of any person arising from the allegations of Prohibited Conduct, the College can remove a student respondent from its education program or activity on an emergency basis, and issue any necessary related no-trespass and no-contact orders. The Title IX Coordinator will make such a removal decision based on an individualized safety and risk analysis, in consultation as deemed necessary with other College personnel, departments, and/or teams. If the College makes such a decision, the student respondent will be provided with notice and an opportunity to challenge the decision immediately following the removal. Such challenges will be reviewed and decided by a College official, appointed by the College’s President or designee, who was not involved in making the emergency removal decision. The student respondent should initiate the challenge by providing to the appointed College official a written statement that outlines the bases on which they challenge the decision.

2. Administrative Leave for Employees

The College always maintains the discretion to place employee respondents, including student-employee respondents, on paid or unpaid administrative leave from employment responsibilities during the pendency of an investigation and/or resolution process.

G. Retaliation

Retaliation violates College policy. The College will take immediate and appropriate action in response to reports of retaliation and may pursue disciplinary action, as appropriate. This disciplinary action may be separate and apart from the underlying conduct at issue, and a person may be found responsible for retaliation even if the underlying report is later not found to be a violation of this policy.

H. Informal Resolution Process

At any time prior to reaching a determination regarding responsibility, the College may facilitate an informal resolution process (e.g., mediation) of a matter involving alleged Prohibited Conduct, where requested by a party, agreed to by both parties, and deemed appropriate by the College.

Before the initiation of an informal resolution process, the College will explain in writing to the parties:

The allegations;
The requirements of the informal resolution process;
That any party has the right to withdraw from the informal resolution process and initiate or resume formal resolution procedures at any time before the parties sign an informal resolution agreement;
That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume formal resolution procedures arising from the same allegations;
The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
What information the College will maintain and whether and how the College could disclose such information for use in formal resolution procedures if such procedures are initiated or resumed.

The College’s specific policies on these issues are explained below.

To proceed with informal resolution, the Title IX coordinator must obtain the parties’ voluntary, written consent to the informal resolution process. The College will not require or pressure a party to participate in an informal resolution process or to engage in any particular form of informal resolution, and will not require waiver of applicable rights to participate in investigative resolution as a condition of enrollment or continuing enrollment, or employment or continuing employment, or exercise of any other right.

Informal resolution is not appropriate in all cases. The Title IX Coordinator retains the discretion to determine which cases are or are not appropriate for informal resolution, and the College may decline to offer informal resolution despite one or more of the parties’ wishes. Similarly, the College may decide to end informal resolution at any time before all parties have signed an informal resolution agreement, when deemed appropriate. Factors considered by the Title IX Coordinator in exercising this discretion may include but are not limited to whether the alleged Prohibited Conduct would present a future risk of harm to others. The College will not offer an informal resolution process if doing so would conflict with federal, state or local law.

If the parties and the College agree to pursue an informal resolution process, the Title IX Coordinator will designate a facilitator for the process. The facilitator will not be the same person as an investigator or decisionmaker who participates in any formal resolution process involving the same parties. Any person designated to facilitate an informal resolution process will not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Any person facilitating informal resolution will receive training regarding: the College’s obligation to address Prohibited Conduct in its education program or activity; the scope of conduct that constitutes Prohibited Conduct, including the definition of sex-based harassment; all applicable notification requirements; the rules and practices associated with the College’s informal resolution process; and how to serve impartially, including by avoiding conflicts of interest and bias.

Any party has the right to withdraw from the informal resolution process and initiate or resume formal resolution procedures at any time before the parties sign an informal resolution agreement. If the parties agree to a resolution at the end of an informal resolution process, they cannot initiate or resume formal resolution procedures arising from the same allegations.

If informal resolution is stopped prior to the signing by all parties of a written informal resolution agreement, information that was shared with or documented by the facilitator of the informal resolution process will not be shared with the investigator or decisionmaker if a formal resolution process is thereafter initiated or resumed. No statements made during the informal resolution process may be submitted to or considered in a formal resolution process. A party’s willingness to participate in informal resolution will not be considered as evidence of responsibility in a formal resolution process.

Records developed exclusively during and for the purposes of an informal resolution process will not, similarly, be considered in any subsequent formal resolution process. Any such records will however be maintained by the Title IX Coordinator to facilitate the College’s ability to fairly assess patterns or systemic behavior and for other appropriate purposes, and while the College will strive to respect the confidentiality of the parties’ communications with the facilitator during the informal resolution process to the extent necessary to facilitate the resolution, the College may share information discussed or created during this process, for example, as required to comply with a lawfully-issued subpoena or a FERPA education record request. Further, if the respondent is found responsible for any violations of this policy in the future, information regarding the prior report processed through informal resolution may be used in the sanctioning phase for the subsequent report, provided that the respondent is granted the opportunity to address the prior report as well.

Potential terms that may be requested or offered in an informal resolution agreement include but are not limited to: restrictions on contact between the parties; restrictions on the respondent’s participation in one or more of the College’s programs or activities or attendance at specific events, including restrictions agreed to between the parties that the College could have imposed as remedies or disciplinary sanctions had the College determined at the end of an investigative resolution that Prohibited Conduct occurred; supportive measures; conducting targeted or broad-based educational programming or training for relevant individuals or groups; service options; permanent measures; providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; communication with the respondent by the Title IX coordinator and/or the dean of students; other forms of restorative justice options; and any other remedy that can be tailored to the involved individuals to achieve the goals of the policy. Informal resolution may also include conflict mediation or a restorative conference with a trained College community member. Informal resolution typically does not involve disciplinary action against a respondent, unless agreed upon by all parties. It should be noted that an informal resolution agreement is binding only on the parties who sign it.

Because the outcomes of informal resolution processes are mutually developed and agreed upon by the parties involved, an appeal of the process and its result is not permitted.

The time frame for completion of informal resolution may vary, but the College will seek to initiate informal resolution or decline informal resolution (because either the respondent or the College decide not to use it) within thirty (30) work days of the complainant’s request for informal resolution, and where informal resolution is initiated, to either complete the process or initiate or resume an investigative resolution process, as appropriate, within 60 business days of the initiation of the informal resolution process.

I. Formal Resolution Process

1. General Principles

The College will treat complainants and respondents equitably and its process will be prompt, fair, and impartial from the initial investigation to the final result.

The College requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

The College’s process will be conducted by officials (including investigators, decisionmakers, and other persons responsible for implementing the College’s procedures and/or who have the authority to modify or terminate supportive measures) who, at a minimum, receive annual training on: the issues related to Prohibited Conduct and on how to conduct an investigation and resolution process that protects the safety of the parties and promotes accountability; the College’s obligations in responding to Prohibited Conduct, as outlined in applicable Title IX regulations; how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and the meaning of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance.

The College presumes that the respondent is not responsible for the alleged Prohibited Conduct; determinations regarding responsibility are made at the conclusion of the College’s procedures.

The College has established the following timeframes for the major stages of these procedures: 1) initial assessment 10 business days; 2) investigation 45 business days; 3) determination 10 business days); and 4) appeal 2 business days. The College has also established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice of any extension to the parties that includes the reason for the delay: A party who wishes to request an extension of any deadline established by this process, the Title IX Coordinator, the investigator, or anyone else responsible for implementing these procedures should make that request via email to the person who established the deadline; that person will inform the requesting party promptly regarding whether the requested extension will be granted (as requested or in modified form) or denied; if the extension is granted in whole or in part, that person will inform the other party of the extension, and extend a similar amount of time for the other party’s compliance with any similar deadline, as applicable. The College may also extend timeframes for major stages of the procedures at its own discretion as necessary, and if it does so it will inform the parties of that and summarize the reason for the extension.

The College will take reasonable steps to protect the privacy of the parties and witnesses during these procedures, which will include requiring the parties and any advisors to sign an agreement that they will not download, copy, photograph, otherwise reproduce, publish, or distribute any evidence that is provided to them for review through these procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, support persons or advisors; or otherwise prepare for or participate in the procedures. The parties cannot engage in retaliation, including against witnesses.

The College will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the College to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the College obtains that party’s or witness’s voluntary, written consent for use in this process; and
Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to alleged sex-based harassment or preclude determination that sex-based harassment occurred.

The College will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

The College will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, subject to the following:

• The College will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.

• The College has established restrictions regarding the extent to which the advisor may participate in the College’s process. Specifically, advisors may during any meetings or proceedings held under this policy confer in a non-disruptive manner with the party they are advising and engage in any other activities explicitly permitted in the context of live hearings where applicable to the extent outlined below, but they may not advocate on behalf of the party, disrupt proceedings, or otherwise engage in conduct deemed by an investigator and/or decisionmaker to be inappropriate to their limited role within the process. Advisors who do not conform their behavior to these requirements may be excluded from the process. These restrictions will apply equally to the advisors for each party, if any.

The College will also provide the parties with the same opportunities to have one support person, in addition to an advisor, at any meeting or proceeding held under these procedures. Support persons may confer in a non-disruptive manner with the party they are supporting, but they may not advocate on behalf of the party, disrupt proceedings, or otherwise engage in conduct deemed by an investigator and/or decisionmaker to be inappropriate to their limited role within the process. Support persons are not permitted to review evidence that is provided to the parties for review through the procedures outlined below. Support persons who do not conform their behavior to these requirements may be excluded from the process. These restrictions will apply equally to the support persons for each party, if any.

Through procedures outlined below, the College will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible. The parties will have timely and equal access to any information that will be used during the process as provided below. The College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

Both the complainant and the respondent will be simultaneously informed, in writing: a) of the outcome of any College disciplinary proceeding that arises from an allegation of Prohibited Conduct; b) of the College's procedures for the complainant and respondent to appeal the results of the College disciplinary proceeding; c) of any change to the results that occurs prior to the time that such results become final; and d) when such results become final.

2. Complaints

The following people have a right to make a complaint and request that the College investigate and make a determination about Prohibited Conduct:

A “complainant,” which includes:
- a student or employee of the College who is alleged to have been subjected to conduct that could constitute Prohibited Conduct; or
- a person other than a student or employee of the College who is alleged to have been subjected to conduct that could constitute Prohibited Conduct at a time when that individual was participating or attempting to participate in the College’s education program or activity;
A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
The College’s Title IX Coordinator.

A person is entitled to make a complaint of Prohibited Conduct only if they themselves are alleged to have been subjected to the Prohibited Conduct, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint under circumstances described below.

The College may consolidate complaints of Prohibited Conduct against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of Prohibited Conduct arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

3. Investigation Procedures

The College will utilize the following investigation procedures to resolve all reports of Prohibited Conduct that are addressed through this policy, and that are not otherwise resolved through an informal resolution process. As explained further below, one type of decisionmaking procedure will be used to resolve matters involving alleged sex-based harassment where one or more of the parties is a student, and another type of decisionmaking procedure will be used in all other cases. The investigation procedures will be the same in both types of cases.

a. Written Notice of Allegations

Upon initiation of these procedures, the College will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview:

These formal procedures and the informal resolution process;
Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute Prohibited Conduct, and the date(s) and location(s) of the alleged incident(s);
Retaliation is prohibited;
The College presumes that the respondent is not responsible for the alleged Prohibited Conduct, that determinations regarding responsibility are made at the conclusion of the College’s procedures, and that prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
The parties may have an advisor of their choice who may be, but is not required to be, an attorney;
The name and contact information of the investigator and how to challenge participation by the investigator on the basis of a conflict of interest or bias;
The importance of preserving any potentially relevant evidence in any format, including evidence that may assist in proving that an alleged criminal offense occurred or may be helpful in obtaining a protection order;
The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence and an investigative report that summarizes this evidence; and
That College policies applicable to students and this policy (applicable to students and employees) prohibit parties and witnesses from knowingly making false statements or knowingly submitting false information during these procedures.

If, in the course of an investigation, the College decides to investigate additional allegations of Prohibited Conduct by the respondent toward the complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.

b. Investigation Procedures

The College will provide for adequate, reliable, and impartial investigation of complaints. The burden is on the College—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether Prohibited Conduct occurred.

The Title IX Coordinator will either investigate a complaint themselves, or appoint an investigator or investigators, internal or external, at the discretion of the Title IX Coordinator. The Title IX Coordinator will inform the parties of the identity of the investigator and will provide the parties with 3 business days to submit to the Title IX Coordinator any objection to the appointment of the investigator based on grounds that the investigator has a bias toward complainants or respondents generally or a particular complainant or respondent, or has a conflict of interest. The Title IX Coordinator will decide whether to sustain or deny such objections within 5 business days of receiving a party’s objection, and appoint an alternate investigator as necessary, following the same procedure.

In conducting an investigation, the investigator may meet separately with any party who is participating in the investigation, with the reporter (if applicable), and other witnesses. Witnesses must have observed the acts in question or have information relevant to the incident and cannot be participating solely to speak about an individual’s character. At a time or times deemed appropriate by the investigator, the parties will be given equal opportunities to suggest fact witnesses whom they would like the investigator to interview; the parties should indicate briefly the general subject matter of the information the witness is likely to have, so that the investigator can determine whether or not, in their discretion, they will interview the suggested witnesses. The parties may also provide inculpatory or exculpatory evidence to the investigator, at a time or times deemed appropriate by the investigator. The investigator may also gather relevant physical and medical evidence, relevant communications between the parties, and other relevant information offered by either party or discovered independently by the investigator.

Once the investigator has conducted interviews and gathered evidence as they deem necessary, they will write a preliminary investigative report that summarizes the evidence and create an appendix that consists of all of the relevant and not otherwise impermissible evidence gathered to that point in the investigation. The preliminary investigative report will not contain any recommendation regarding responsibility. The investigator and/or the Title IX Coordinator will provide each party and the party’s advisor, if any, with an equal opportunity to access the preliminary investigative report and the appendix, through a secure electronic file-sharing platform or other means as appropriate.

The investigator or Title IX Coordinator will provide the parties with a reasonable and equal amount of time to review and prepare, if they wish, a written response to the preliminary investigative report and appendix. If a party chooses to submit a written response, their response may contain narrative arguments regarding the factual issues and/or application of College policy definitions to those facts, requests to conduct additional investigation, and/or other not otherwise impermissible information that the party wishes to submit. The investigator or Title IX Coordinator will share any written response submitted by one party with the other party, through a secure electronic file-sharing platform or other means as appropriate. The investigator will consider the parties’ written responses to the preliminary investigative report, if any, and will decide whether to conduct any additional investigation. If additional investigation is performed, the investigator or Title IX Coordinator will create a supplement to the investigative report and supplemental appendix as necessary and provide the parties with a reasonable and equal amount of time to review and prepare, if they wish, a written response to the supplement and supplemental appendix.

When the investigator determines that it is appropriate to conclude the investigation, they will prepare a final investigative report. The final investigative report will contain the investigator’s recommended findings of fact and the investigator’s recommendations as to whether the respondent should or should not be found responsible for some or all of the alleged Prohibited Conduct at issue. The parties will be provided with access to the final investigative report and the appendix through a secure file-sharing platform or other means as appropriate. If they wish to do so, each party may, within 7 calendar days, prepare and submit to the Title IX Coordinator a written response to the final investigative report, for consideration by the decisionmaker as provided below.

The College endeavors to complete the investigation process within 45 business days from the date when the notice of investigation was sent to the parties, unless that timeframe is extended for good cause as discussed above.

c. Decisionmaking Procedures

As explained below, one type of decisionmaking procedure will be used to resolve matters involving alleged sex-based harassment where one or more of the parties is a student, and another type of decisionmaking procedure will be used in all other cases. When a party is both a student and an employee, the College will make a fact-specific inquiry focused on whether the party’s primary relationship with the College is to receive an education and whether the alleged Prohibited Conduct occurred while the party was performing employment-related work.

i. Decisionmaking Procedure for Sex-Based Harassment Complaints Where One or More of the Parties is a Student

The following decisionmaking procedures, which will include a live, remote hearing process, will apply to resolve matters involving alleged sex-based harassment where one or more of the parties is a student. If the allegations under investigation in such a matter also involve allegations that the respondent also engaged in another type of Prohibited Conduct, all of the allegations will be resolved under the procedures outlined in this sub-section.

The Title IX Coordinator will appoint at their discretion a decisionmaking panel (referred to as “panel” in the remainder of this policy for the sake of brevity), which may include members who are either internal or external to the College. The Title IX Coordinator will inform the parties of the identity of panel members and will provide the parties with 3 business days to submit to the Title IX Coordinator any objection to the appointment of panel members based on grounds that they have a bias toward complainants or respondents generally or a particular complainant or respondent or have a conflict of interest. The Title IX Coordinator will decide whether to sustain or deny such objections within 5 business days of receiving a party’s objection, and appoint alternate panel members as necessary, following the same procedure.

In advance of the hearing, the Title IX Coordinator will provide to the panel: 1) the final investigation report; 2) the appendix to the final investigation report; and 3) the parties’ written responses to the investigation report, if any. The Title IX Coordinator will inform the parties that if they wish to do so, they may submit in writing to the Title IX Coordinator questions that they know in advance that they would like their advisor to pose to the other party and/or any witnesses who participate in the hearing. Any such questions should be numbered for ease of identification and should be submitted no later than 2 business days before the scheduled date of the hearing, so that the Title IX Coordinator can forward them to the panel for their consideration.

Hearings will be conducted through a secure virtual meeting platform with the parties physically present in separate locations, with technology enabling the panel and parties to simultaneously see and hear the party or witness while that person is speaking. At no time during the hearing process will either party be permitted to address the other party or question the other party or witnesses directly. The College will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.

The panel will have broad discretion over the order of proceedings during the hearing. Subject to that discretion, the panel will ordinarily ask the questions of each party and witness that the panel wishes to ask, then will allow the parties’ advisors to ask approved pre-submitted questions of the other party and/or witnesses, as well as any non-duplicative, relevant and otherwise not impermissible follow-up questions that the parties’ advisors wish to ask. Before permitting a party or witness to answer a question posed, the panel will determine whether the question is relevant and not otherwise impermissible and will explain either before or during the hearing any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The panel will give a party’s advisor an opportunity to clarify or revise a question that the panel determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the panel will allow the question to be asked. It should be noted in this context that repetitive questions are not relevant because if they have already been asked and answered substantively by a party or witness, further similar answers to such questions would not aid the panel in determining whether sex-based harassment occurred.

If a party or witness refuses to respond to a question that was asked by the panel and/or a question posed by a party that was deemed relevant and not otherwise impermissible, the panel may choose to place less or no weight upon statements by a party or witness who refuses to respond to such questions. The panel will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

Following their evaluation of all relevant and not otherwise impermissible evidence, the panel will use the preponderance of the evidence standard to determine whether sex-based harassment and any other Prohibited Conduct being addressed through the process occurred. The standard of proof requires the panel to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the panel is not persuaded under the applicable standard by the evidence that Prohibited Conduct occurred, whatever the quantity of the evidence is, the panel will not determine that Prohibited Conduct occurred.

The panel will prepare a written determination regarding whether Prohibited Conduct occurred, which will include the following:

A description of the alleged Prohibited Conduct;
Information about the policies and procedures that the College used to evaluate the allegations;
The panel’s evaluation of the relevant and not otherwise impermissible evidence and determination whether Prohibited Conduct occurred;
If the panel finds that Prohibited Conduct occurred, any disciplinary sanctions the College will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by the College to the complainant, and, to the extent appropriate, other students identified by the College to be experiencing the effects of Prohibited Conduct; and
The College’s procedures and permissible bases for the complainant and respondent to appeal, as provided in the Appeal section below.

Sanction and remedy-related issues that will apply to all matters addressed through this policy are outlined below.

The College will comply with these procedures before the imposition of any disciplinary sanctions against a respondent, and it will not discipline a party, witness, or other person participating in this process for making a false statement based solely on the determination whether Prohibited Conduct occurred.

A written determination regarding responsibility becomes final either on the date that the College provides it to the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

The College endeavors to complete the determination process in matters addressed through the procedures outlined in this sub-section within 15 business days from the date when the final investigative report and appendix and any party written response were provided to the panel, unless that timeframe is extended for good cause as discussed above.

ii. Decisionmaking Procedures for All Other Complaints

The following decisionmaking procedures, which will not include a live hearing process, will apply to resolve any and all matters that fall within the scope of this policy but that do not involve alleged sex-based harassment where one or more of the parties is a student.

The Title IX Coordinator will appoint at their discretion one or more decisionmakers (referred to as “decisionmaker” in the remainder of this policy for the sake of brevity), who may be internal or external to the College. The Title IX Coordinator will inform the parties of the identity of the decisionmaker and will provide the parties with 3 business days to submit to the Title IX Coordinator any objection to the appointment of the decisionmaker based on grounds that they have a bias toward complainants or respondents generally or a particular complainant or respondent or have a conflict of interest. The Title IX Coordinator will decide whether to sustain or deny such objections within 5 business days of receiving a party’s objection, and appoint an alternate decisionmaker as necessary, following the same procedure.

The Title IX Coordinator will provide to the decisionmaker: 1) the final investigation report; 2) the appendix to the final investigation report; and 3) the parties’ written responses to the investigation report, if any. The decisionmaker will determine based on those materials whether the decisionmaker needs to question a party or witnesses in order to adequately assess their credibility to the extent credibility is both in dispute and relevant to evaluating the allegations of Prohibited Conduct, or whether those issues are addressed sufficiently in the investigator’s report. If the decisionmaker decides to question a party or witness, they will do so through an interview with the party or witness. Parties may be accompanied in such interviews by an advisor and/or support person. The role of advisors and support persons in such interviews will be limited on the same terms as the role of advisors and support persons in interviews by investigators, as outlined above. Such interviews will be audio-recorded and transcribed, and the parties will be provided with copies of the transcripts and a reasonable period of time to submit to the decisionmaker any written response to the information gathered in the interviews that they wish to submit.

Following their evaluation of all relevant and not otherwise impermissible evidence and any written submissions from the parties, the decisionmaker will use the preponderance of the evidence standard to determine whether Prohibited Conduct occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that Prohibited Conduct occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that Prohibited Conduct occurred.

The decisionmaker or Title IX Coordinator will notify the parties in writing of the determination whether Prohibited Conduct occurred, the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal under the Appeal procedures outlined below.

The College endeavors to complete the determination process in matters addressed through the procedures outlined in this sub-section within 75 business days from the date when the final investigative report and appendix and any party written responses were provided to the decisionmaker, unless that timeframe is extended for good cause as discussed above.

4. Sanction and Remedy-Related Issues

While the panel or decisionmaker, as applicable, will draft the written determination that includes a description of any disciplinary sanctions the College will impose on the respondent, the panel or decisionmaker will not select the sanctions. Instead, the panel or decisionmaker will provide to a sanctioning officer a version of the determination that includes all of the elements identified above except the sanction, for consideration by the sanctioning officer. For matters involving student respondents, the sanctioning officer will be Dean of Students, Dr. Alethea Stovall, for matters involving college employees, the sanctioning officer(s) will be a member from the executive leadership team and our HR partner, or their designee from Human Resources. The sanctioning officer(s) will determine what sanctions are appropriate for the respondent, in light of the information in the determination provided by the panel or decisionmaker and the factors outlined below. Once the sanctioning officer(s) has determined appropriate sanctions, they will inform the panel or decisionmaker of those sanctions, so that the panel or decisionmaker can incorporate them into the written determination to be provided simultaneously to the parties.

The College will not impose discipline on a respondent for Prohibited Conduct unless there is a determination at the conclusion of the College’s procedures that the respondent engaged in Prohibited Conduct.

Further, if there is a determination that Prohibited Conduct occurred, as appropriate, the Title IX Coordinator will:

Coordinate the provision and implementation of remedies to a complainant and other people the College identifies as having had equal access to the College’s education program or activity limited or denied by Prohibited Conduct;
Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
Take other appropriate prompt and effective steps to ensure that Prohibited Conduct does not continue or recur within the College’s education program or activity.

It is the College’s belief that sanctions should maximize safety for the College community, relate to the nature of the behavior, provide an opportunity for growth and learning, and restore the complainant’s equal access to College education programs or activities, as appropriate. In determining appropriate sanctions, the sanctioning officer will consider what sanctions are appropriate to address the misconduct, prevent its recurrence, and remedy its effects. There is no set sanction for any of the offenses provided in this policy, with the exception of automatic dismissal for a felony conviction. Sanctions will be determined individually and will reflect the nature and severity of the offense. One or more sanctions may be imposed for any offense. Prior offenses are cumulative and may be considered in the imposition of discipline for subsequent offenses. Notwithstanding the College's right to impose a sanction under this policy, respondents may also be subject to penalties at the local, state, and federal level.

The College’s list of possible sanctions when a student respondent is found responsible for Prohibited Conduct is as follows:

Written Warning

A written warning is a notice that the student’s behavior is unacceptable, and that further misconduct may result in further disciplinary action. A copy of the warning letter is placed in the student’s academic file.

Fines

A monetary fine may be imposed. Failure to pay or to make arrangements to pay a fine may result in a hold being placed on the student’s account.

Restitution

Restitution may be imposed in the form of monetary payment to repair or otherwise compensate for damages caused by the student. Failure to pay or to make arrangements to pay may result in a hold being placed on the student’s account.

Loss of Privileges

A student may be restricted or excluded from participation in curricular or extra-curricular activities for a specified period of time.

Educational Sanction

Educational sanctions may include mediation, drug and alcohol education/treatment, public presentation, formal apology, research paper, college completion contract, etc.

Suspension

Termination of student status at the College for a specified period of time, with the possibility of reinstatement, provided that the student has complied with all conditions imposed as part of the suspension and provided the student is otherwise qualified for reinstatement. Depending on the length of the suspension, transition activities may be required. Suspension involves the exclusion of the student from participation in any academic or other activities of the College. Written notification of this action will be provided to the student. The student may be withdrawn from all courses carried that semester and shall forfeit all tuition/fees according to the normal refund schedule of the College. The student may not be on the College’s premise unless engaged in official business approved in writing by the Dean of Students or College Administrator.

Dismissal

Termination of student status. Written notification of this action will be provided to the student. The action of dismissal will be noted on the student’s academic transcript; the student will be withdrawn from all courses carried that semester and shall forfeit all tuition/fees according to the normal refund schedule of the College. The student may not be on the College’s premise unless engaged in official business approved in writing by the Dean of Students or College Administrator. Readmission after dismissal may be granted on a case-by-case basis.

The College’s list of possible sanctions when an employee respondent is found responsible for Prohibited Conduct is as follows:

Verbal Warning

Written Warning

Final Written Warning

Suspension Pending Termination

The College will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense (incest or statutory rape), the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

5. Appeals

The College will offer an appeal from a dismissal or determination whether Prohibited Conduct occurred on the following bases:

Procedural irregularity that would change the outcome;
New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
The Title IX Coordinator, investigator, or panel member(s)/decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

Where sanctions have been imposed, the College will also permit parties to appeal the sanctions on the ground that they are not appropriate in light of the conduct for which the respondent was found responsible.

Appeals must be filed in writing within 2 business days of the date when the College provides notice to the appealing party of the dismissal or determination being appealed. Appeals should consist of a written statement challenging the dismissal or determination being appealed, framed within one or more of the limited grounds of appeal outlined above.

If a party appeals a dismissal or determination whether Prohibited Conduct occurred, the College will:

Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
Implement appeal procedures equally for the parties;
Ensure that the decisionmaker for the appeal (“the appeals officer”) did not take part in an investigation of the allegations or dismissal of the complaint;
Ensure that the appeals officer has been trained consistent with the Title IX regulations;
Notify the parties of the identity of the appeals officer;
Communicate to the parties in writing that the College will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
Notify the parties in writing of the result of the appeal and the rationale for the result.

The appeals officer will be appointed by the Title IX Coordinator, unless the ground of appeal is that the Title IX Coordinator had a bias or conflict of interest; in such cases, Dr. Angela McCown, Graduate Nursing Association Professor, or designee will appoint the appeals officer. The appointing officer will provide the parties with 3 business days to submit to the appointing officer any objection to the appointment of the appeals officer based on grounds that the appeals officer has a bias toward complainants or respondents generally or a particular complainant or respondent or has a conflict of interest. The appointing official will decide whether to sustain or deny such objections within 5 business days of receiving a party’s objection, and appoint an alternate appeals officer as necessary, following the same procedure.

The Title IX Coordinator will make the appealing party’s written appeal document available to the other party for review. A party who did not file an appeal may, if they wish to do so, submit to the Title IX Coordinator within 2 business days of receiving access to the appealing party’s written statement a written statement in support of the outcome.

If both or multiple parties file appeals, all other parties will receive a reasonable and equal opportunity to submit a written statement in support of, or challenging, the outcome, consistent with the process and time periods stated above.

The appeal is an impartial review of the information considered by the decisionmaker, in light of one or more of the grounds of appeal. The appeal is not a new investigation of the merits of the matter. The appeals officer may affirm, reject or modify the decision of the decisionmaker, or may direct the decisionmaker to reconsider certain findings. The appeals officer will issue a written decision describing the result of the appeal and the rationale for the result. The Title IX coordinator will simultaneously communicate the appeal determination to the parties within three (3) work days of the appeals officer’s decision.

The College endeavors to complete the appeals process within 15 business days from the date when the appeal was filed, unless that timeframe is extended for good cause as discussed above.

VIII. Pregnancy and Related Conditions

A. Nondiscrimination on the Basis of Pregnancy and Related Conditions

In considering a person for admission or in making any offer of admission, the College will treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical condition. The College will not make pre-admission or pre-employment inquiry as to the marital status of an applicant, including whether an applicant is “Miss or Mrs.” The College may ask an applicant to self-identify their sex, but only when asking this question of all applicants. The response will not be used as a basis for discrimination.

The College will not adopt or apply any policy, practice, or procedure, or take any employment action, concerning the current, potential, or past parental, family, or marital status of a student, employee, or applicant that treats persons differently on the basis of sex, or which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in an employee’s or applicant’s family unit. The College will not discriminate against, establish or follow any policy, practice, or procedure that discriminates against, or exclude from employment any person on the basis of current, potential, or past pregnancy or related conditions.

B. Voluntary Student Participation in Separate Education Programs or Activities

The College may offer students voluntary participation in a separate portion of a college program or activity that is comparable to what is offered to students who are not experiencing pregnancy or related conditions.

C. No Requirement of Medical Certification for Student Participation

The College will not require a student, due to pregnancy or related conditions, to provide certification from a physician or other licensed healthcare provider that the student is physically able to participate in classes, programs, or student activities unless necessary, required for all participating students, and not used as a basis for discrimination. Please note: the Student Health Policy does require for any student who is absent related to injury, inpatient admission hospitalization, surgery, or any actual pr probable infectious conditions, the student must present documentation from a healthcare provider to Employee Health or Student Health.

D. Leaves of Absence

1. Student Leaves of Absence

A student experiencing pregnancy or related conditions is allowed a voluntary leave of absence to cover, at minimum, the period of time deemed medically necessary by the student’s physician or other licensed healthcare provider. If other College leave policy allows a greater span of time than this period, the student is permitted to take leave under that policy instead. Upon return, the student will be reinstated to the academic and as practicable, extracurricular status that the student held when the leave began.

2. Employee Leaves of Absence

College employees are eligible for a leave of absence in accordance with Bryan Health’s Leave of Absence Policy (BAD.HR175), Family and Medical Leave policy (BAD.HR166), and Short-Term Disability policy (BAD.HR155).

E. Lactation-Related Accommodations for Students and Employees

The College will provide reasonable break time for a student or employee to express breast milk or breastfeed as needed, and will make available a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by a student or employee for expressing breast milk or breastfeeding as needed.

F. Student and Employee Rights to Reasonable Modifications or Temporary Adjustments

Students are entitled to reasonable modifications to College policies, practices, or procedures because of pregnancy or related conditions on an individualized and voluntary basis depending on the student’s needs when necessary to prevent discrimination and ensure equal access, unless the modification would fundamentally alter a College program or activity; these may include, but are not limited to: breaks to attend to health needs, including for expressing breast milk or breastfeeding; excused absences to attend medical appointments; access to online instruction; changes in schedule or course sequence; extensions of time for coursework; rescheduling of tests and examinations; counseling; changes in physical space or supplies; or elevator access. Such modifications will be comparable to the treatment of other temporary disabilities or conditions. The College will consult with the student regarding what reasonable modifications are necessary for the student.

The College will not require students to provide supporting documentation unless necessary and reasonable to determine reasonable modifications. The College will not require documentation: when the need for the specific modification is obvious; when the student has previously provided sufficient supporting documentation; when the reasonable modification relates to drinking water, using a bigger desk, and/or the need to sit, stand, or take breaks to eat, drink, or use the restroom; when the student has lactation needs; or when the requested specific modification is available to students for reasons other than pregnancy or related conditions without the submission of supporting documentation.

With respect to employees, the College will treat pregnancy or related conditions as it would any other temporary disability or condition for all job-related purposes, including, where appropriate, the provision of temporary adjustments.

G. Requirement to Provide Information to Students Experiencing Pregnancy or Related Conditions

When any College employee (including both Responsible Employees and Confidential Employee) is informed by a student of that student’s pregnancy or related conditions, the employee must, unless the Employee reasonably believes that the Title IX Coordinator has already been notified of the student’s pregnancy or related conditions, promptly inform the student of the Title IX Coordinator’s contact information and that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure equal access to the College’s program or activity.

VIII. Maintenance of Records

All records related to complaint resolution will be maintained for seven (7) years by the Title IX Coordinator, including:

For each complaint of Prohibited Conduct, records documenting any informal resolution process or formal resolution process, and the resulting outcome;
For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute Prohibited Conduct, records documenting the actions the College took in response; and
All materials used to provide training regarding issues related to Prohibited Conduct. The College will provide an on-campus, in-person opportunity for members of the public to review such materials upon request, in the presence of a College official.

An audio-recording or transcript of any hearing and any documents or other evidence presented at the hearing will serve as the record of the hearing proceedings and will be maintained by the Title IX Coordinator, as part of the respondent’s conduct record for as long as the conduct record is maintained.

If a student or employee has been found responsible by the decisionmaker for violating this policy, the violations will be considered by the College in the review of any later reported conduct issues by the respondent, including the evaluation of appropriate sanctions if the respondent is found responsible for subsequent violations of College policies.

IX. Training, Prevention and Awareness Programs

The College provides training to students and employees to ensure they understand this policy and the topics and issues related to maintaining an education and employment environment free from Prohibited Conduct.

Specifically:

The College will provide to all employees training on:
- The College’s obligation to address Prohibited Conduct in its education program or activity;
- The scope of conduct that constitutes Prohibited Conduct, including the definition of sex-based harassment; and
- All applicable notification and information requirements.
The College will, in addition to the training provided to all other employees, provide to investigators, decisionmakers, appeals officers and other persons who are responsible for implementing the College’s grievance procedures or have the authority to modify or terminate supportive measures training on the following topics to the extent related to their responsibilities:
- The College’s obligations to respond to Prohibited Conduct, as required by federal regulations;
- The investigative resolution procedures outlined above;
- How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
- The meaning and application of the term ‘‘relevant’’ in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance as described above.
The College will, in addition to the training provided to all other employees, provide to facilitators of the College’s informal resolution process training on the rules and practices associated with that process and on how to serve impartially, including by avoiding conflicts of interest and bias.
The College will provide to the Title IX Coordinator and designees, in addition to all of the training listed above, training on their specific responsibilities in those roles as defined by federal regulations, the College’s obligations to prevent discrimination and ensure equal access based on pregnancy and related conditions, respond to Prohibited Conduct and provide supportive measures as required by federal regulations, keep records as required by federal regulations, and any other training necessary to coordinate the College’s compliance with Title IX.

The College is committed to the prevention of prohibited conduct through regular and ongoing education and awareness programs. Incoming students and new employees receive primary prevention and awareness programming as part of their orientation, and returning students and current employees receive ongoing training and related education.

Dr. Alethea Stovall, Title IX Compliance Coordinator

Dr. Angela McCown, Title IX Deputy Director