Introduction

Montreat College (College) recognizes the dignity and worth of all humanity as God’s creation in His own image and therefore seeks to maintain a community free of sexual harassment, sexual assault, and other forms of violence. These offenses are a violation of the law and grounds for disciplinary action up to and including suspension or discharge. Further, the College does not condone solicitation or threats to bring a false accusation of sexual violation.

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in the College’s programs and activities. The College will respond to complaints or reports about prohibited conduct with measures designed to stop the behavior, eliminate any such discrimination, prevent the recurrence of the prohibited conduct, and remediate any adverse effects of such conduct on campus or in College-related programs or activities. This may include the implementation of interim restriction(s).

Non-Discrimination Statement: In accordance with federal and state statutes (including Title IX, which prohibits gender-based discrimination), Montreat College is committed to maintaining a community that is free from sexual harassment and all forms of sexual intimidation, exploitation, coercion, and violence. The Director of Payroll and Human Resources  is designated as the Title IX Coordinator, and is responsible for overseeing the College’s compliance with Title IX. Inquiries concerning the College’s policies, compliance with applicable laws, statutes, and complaints may be directed to the Title IX Coordinator, Montreat College, P.O. Box 1267, Montreat, NC 28757, Direct: (828) 419-2346.

Scope of Policy

The Title IX Policy governs the conduct of all students, employees, contractors and third parties. This Policy applies to conduct that occurs on campus or College property; in the context of any College-related or sponsored program or educational activity, regardless of the location; by a College student or employee, regardless of location; and whether or not school is in session.

Montreat College has an obligation to address a sex-based hostile environment under its educational program or activity, even when some conduct alleged to be contributing to the hostile environment occurred outside the college’s education program or activity or outside the United States.

The Title IX grievance procedures adopted here provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator. These grievance procedures address complaints of sex-based discrimination and sex-based harassment that involve a student or employee party.

Resources for Immediate Assistance

In the event of an emergency where immediate assistance is needed, call 911.

For non-emergency medical attention, contact Student Health Services at (828) 419-2336, or seek medical attention at Mission Hospital (828) 213- 1111 as soon as possible, even if the individual does not plan to press charges. If possible, avoid bathing or brushing teeth, and preserve clothing and other evidence in a paper (not plastic) bag. The hospital employs a Sexual Assault Nurse Examiner (S.A.N.E.) who can document injuries, collect evidence (which may be important for future prosecution options), and help the individual with other medical issues such as sexually transmitted disease (STD) prevention.

Montreat College has trained on-campus resources who can provide an immediate confidential response in a crisis situation. Complainants may seek assistance from the following confidential on-campus resources (“Confidential Employees”) who are authorized to engage in legally protected or privileged relationships under state law. Confidential Employees may not disclose information to any third party without the disclosing individual’s permission or as required by legal or ethical obligations that compel disclosure:

• Coordinator for Wellness & Counseling Services: 828-419-2030
• Director of Health Services (nurse): 828-419-2336
• Dean of Spiritual Formation (chaplain): 828-419-2048
• After regular daytime office hours, the Coordinator for Wellness & Counseling Services, Director of Health Services (nurse), and Dean of Spiritual Formation (chaplain) can be contacted through Student Life staff (including Residence Directors and Campus Safety)

The following off-campus resources are also available to Complainants:

• 24 hr Crisis Line  (828) 255-7576
  www.ourvoicenc.org
• Helpmate: (828) 254-0516
  www.helpmateonline.org
• National Sexual Assault Hotline: 1-800-656-HOPE

Reporting Obligations

Any employee who is not a Confidential Employee and who either has authority to institute corrective measures on behalf of the College or has responsibility for administrative leadership, teaching, or advising in the College’s education program or activity must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination.

Montreat College encourages all individuals to report prohibited conduct or a potential violation of this Policy to the Title IX Coordinator, Campus Police, and/or local law enforcement. An individual may make a report to the College, to law enforcement, to neither, or to both. Policies and procedures for each reporting option are outlined below.

Title IX Coordinator

Montreat College has designated the Director of Payroll and Human Resources  to serve as the Title IX Coordinator to oversee compliance with Title IX, which prohibits discrimination on the basis of sex in education programs or activities. Sexual harassment is a form of sexual discrimination prohibited by Title IX and covers three categories of conduct:

• Quid pro quo sexual harassment by employees
• Sexual Assault, dating violence, domestic violence, and stalking, as defined by the Clery Act; and
• Any other unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it denies a person access to the Recipient’s education program or activity.

The Title IX Coordinator coordinates the College’s compliance with Title IX and related provisions of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act), as amended by the Violence Against Women Act (VAWA). The Title IX Coordinator will oversee the College’s centralized response to all reports of prohibited conduct to ensure implementation of this Policy and ensure compliance with federal and state law. The Title IX Coordinator’s responsibilities include, but are not limited to:

• Communicating with all members of the College community regarding Title IX and VAWA and providing information about how individuals may access reporting and support options;
• Reviewing applicable College policies to ensure institutional compliance with federal and state law;
• Monitoring the College’s administration of its own applicable policies, including record keeping and procedural requirements;
• Conducting training regarding Title IX, the Clery Act, VAWA, and this Policy;
• Responding to any complaint or report regarding conduct that may violate this Policy. In this capacity, the Title IX Coordinator shall oversee the investigation and resolution of such alleged misconduct, direct the provision of any remedial measures (including supportive measures or Interim Measures), and monitor the administration of any related appeal.

The Title IX Coordinator may delegate responsibilities under this Policy to appropriately trained administrators or external professionals. The Title IX Coordinator reserves the right to adjust any time frames under this Policy for good cause and upon notification to the Parties. The Title IX Coordinator’s contact information is:

Title IX Coordinator
Montreat College
P.O. Box 1267
Montreat, NC 28757
Direct: 828-419-2346
(828) 669-8012 x3755
titleIX@montreat.edu

The College’s Response to Sex Discrimination

The College will seek to respond promptly and effectively when there is knowledge of conduct that reasonably may constitute sex discrimination in its education program or activity.

Any employee who is not a Confidential Employee and who either has authority to institute corrective measures on behalf of the College or has responsibility for administrative leadership, teaching, or advising in the College’s education program or activity is considered a Responsible Employee and must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination.

• All other employees who are not Confidential Employees must: Notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination; or
• Provide the contact information of the Title IX Coordinator and information about how to make a complaint of sex discrimination to any person who provides the employee with information about conduct that reasonably may constitute sex discrimination under Title IX.

 

Confidential Employees

Categories of Confidential Employees

There are three Confidential Employees which include: Dean of Spiritual Formation, Director of Health Services, and the Coordinator for Wellness and Counseling Services. The Confidential Employees satisfy the following criteria:

• An employee of Montreat College whose communications are privileged or confidential under Federal or State Law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which a privilege or confidentiality applies;
• An employee of a Montreat College whom the College has designated as confidential for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination in connection with providing those services; or
• An employee of a postsecondary institution who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination. The employee’s confidential status is only with respect to information received while conducting the study.

Requirements of Confidential Employees

• The College requires a Confidential Employee to explain to any person who informs the Confidential Employee of conduct that reasonably may constitute sex discrimination under Title IX:
  • The employee’s status as confidential for purposes of this part, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex discrimination;
  • How to contact the College’s Title IX Coordinator and how to make a complaint of sex discrimination; 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 the grievance procedures.

Reports to Local and Campus Police

Complainants may report the incident to local police authorities:

Campus Police, Safety, and Security: (828) 713-2520

Town of Montreat Police Department: (828) 419-9350

Town of Black Mountain Police Department: (828) 419-9350

Complaints and Reports to Title IX Coordinator

The Title IX reporting process is initiated when an incident of alleged sexual harassment, sex-based discrimination or related misconduct is submitted to the Title IX Coordinator by a student, employee, or Confidential Employee. A Confidential Employee who receives a report of alleged sexual harassment or misconduct must report all relevant details about the alleged misconduct to the Title IX Coordinator, including the date, time, and location of the alleged misconduct, and the names of: the person who provided the report, the individual who experienced the alleged misconduct, the individual(s) accused of committing the alleged misconduct, and any other individuals involved in the alleged misconduct.

The College will promptly respond to any alleged misconduct when the College has actual knowledge of sexual harassment in an education program or activity of the College, regardless of the geographic location.

The following people have a right to make a complaint of sex-based discrimination and/or sex-based harassment, requesting that Montreat College investigate and make a determination about alleged violations under Title IX:

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

Note that a person is entitled to make a complaint of sex-based discrimination and/or sex-based harassment only if they themselves are alleged to have been subjected to the harassment directly, if they have a a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 C.F.R. § 10.44(f)(1)(v). In addition, Montreat College may consolidate complaints of sex discrimination 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 sex discrimination 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.

The Title IX Coordinator will provide Complainant with a written explanation of rights and options under this Policy, the Sexual Violation Response (see APPENDIX B), a listing of resources and services available to Complainants, and Complainant’s option to request supportive measures or Interim Measures, which are described in more detail below. The Title IX Coordinator will report the alleged incident to Campus Safety for Clery Act purposes, but may refrain from disclosing personally identifiable information to the Campus Police, Safety, and Security department at Complainant’s request.

It is important to note that the federal Clery Act requires that “Campus Security Authorities” (CSAs) must report sexual violation offenses for data collection purposes. CSAs include administrators, staff, and faculty who have significant responsibility for student and campus activities, such as student services and residence life staff (including student resident assistants), the Athletic Director and coaches, faculty and staff advisors to student organizations, supervisors for work-study students, the President, trustees of the College, and administrators of branch campuses. In most cases, the Complainant may remain anonymous, if he/she so chooses.

Non-Title IX Complaints

The following acts of conduct will be considered Non-Title IX complaints:

• Quid pro quo harassment by a student (employees only);
• Hostile environment harassment that occurs outside a program or activity of the College;
• Hostile environment harassment that occurs against a person outside of the United States.

In an instance where the Title IX Coordinator deems a complaint a non-title IX complaint, the Title IX Coordinator will notify the Parties that the formal complaint is dismissed and of applicable appeal rights. The Title IX Coordinator also, may refer the complaint to be addressed under the applicable student or employee discipline process.

Overview of Title IX Grievance Process

• Montreat College will treat complainants and respondents equitably.
• Montreat College requires that any Title IX Coordinator, investigator, or Decision Maker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
• Montreat College presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.
• Montreat College has established the following timeframes for the major stages of the grievance process:

Informal Complaint Timeline

1. Initial Complaint
2. Meeting With Title IX Coordinator
3. Two Grievance Officers assigned
4. Grievance Officers Meet With Complainant
5. Grievance Officers Meet With Respondent
6. Grievance Officers Provide Written Summary  and Recommended Resolution Steps to Title IX Coordinator
7. Title IX Coordinator or Assigned Decision-Maker meets with Parties
   Total Length of Time for the Above = Typically 90 days or less

Formal Complaint Timeline

1. Initial Complaint 
2. Formal Complaint Filed With Title IX Coordinator
3. Initial Notice of Charges Communicated to Respondent
4. Two Grievance Officers Assigned to Investigate = 45 days or less
5. Initial Grievance Officer Report Shared With Parties and Opportunity to Respond  = 10 days
6. Live Hearing Scheduled = Approximate 10 days
7. Hearing Decision = 3 days or less
8. Opportunity for Appeal Request  = 7 days
   Appeal Decision = Approximately 10 days

Note: The College will determine and allow for reasonable extensions on timeframes on a case by case basis for good cause with written notice of any extension to parties that includes the reason for the delay.

• Montreat 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 Montreat 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 Montreat College obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; 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 the 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 the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

Written Notice of Allegations

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

• Montreat College’s Title IX grievance procedures and any potential 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 sex-based harassment, and the date(s) and location(s) of the alleged incident(s);
• Retaliation is prohibited;
• The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial Decision Maker;
• The parties may have an advisor of their choice who may be, but is not required to be, an attorney;
• The parties are entitled to an equal opportunity to access the relevant and not impermissible evidence or an investigative report that accurately summarizes this evidence.; and
• Montreat College’s Honor Code in the Student Handbook  and related Employee Handbook measures that prohibit knowingly making false statements or knowingly submitting false information during the grievance procedures.

If, in the course of an investigation, Montreat College decides to investigate additional allegations of sex-based harassment by the respondent toward the complainant that are not included in the written notice or that are 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.  

Dismissal of a Complaint

Montreat College may dismiss a complaint if:

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

Upon dismissal, Montreat 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, the Montreat College will notify parties simultaneously in writing.

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

When a complaint is dismissed, Montreat 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 sex discrimination does not continue or recur within Montreat College’s education program or activity.

Investigation

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

Montreat 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.

• Montreat College will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.
• Montreat College may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

Montreat College will provide the parties with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding. Montreat College will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. Montreat College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. Montreat College will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner:

• Montreat College will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence. [If Montreat College provides access to an investigative report: Montreat College will further provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.];
• Montreat College will provide a reasonable opportunity to review and respond to the evidence or the investigative report. If Montreat College conducts a live hearing as part of its grievance procedures, it will provide this opportunity to review the evidence in advance of the live hearing. [Montreat College may decide whether to provide this opportunity to respond prior to the live hearing, during the live hearing, or both prior to and during the live hearing.]; and
• Montreat College will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

Questioning the Parties and Witnesses

Montreat College will provide a process that enables the Decision Maker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.

Montreat College’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will allow the Decision Maker to ask such questions by: allowing each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the Decision Maker, subject to the procedures for evaluating and limiting questions discussed below.

Procedures for the Decision Maker to evaluate the questions and limitations on questions: The Decision Maker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain 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 Decision Maker will give a party an opportunity to clarify or revise a question that the Decision Maker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

Refusal to respond to questions and inferences based on refusal to respond to questions: The Decision Maker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The Decision Maker 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.

Live Hearing Overview

Montreat College will conduct the live hearing with the parties physically present in the same geographic location or, at Montreat College’s discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the Decision Maker and parties to simultaneously see and hear the party or witness while that person is speaking. Montreat 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.

Determination Whether Sex-Based Harassment Occurred

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, Montreat College will:

• Use the preponderance of the evidence standard of proof (more likely than less likely) to determine whether sex discrimination occurred. The standard of proof requires the Decision Maker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Decision Maker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the Decision Maker will not determine that sex discrimination occurred.
• Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:
  • A description of the alleged sex-based harassment;
  • Information about the policies and procedures that Montreat College used to evaluate the allegations;
  • The Decision Maker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;
  • When the Decision Maker finds that sex-based harassment occurred, any disciplinary sanctions Montreat College will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by Montreat College to the complainant, and, to the extent appropriate, other students identified by Montreat College to be experiencing the effects of the sex-based harassment; and
  • Montreat College’s procedures and permissible bases for the complainant and respondent to appeal.

• Montreat College will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the respondent engaged in prohibited sex discrimination.
• If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will:
  • Coordinate the provision and implementation of remedies to a complainant and other people Montreat College identifies as having had equal access to Montreat College’s education program or activity limited or denied by sex discrimination;
  • 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 sex discrimination does not continue or recur within Montreat College’s education program or activity.

• Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
• Not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

The determination regarding responsibility becomes final either on the date that Montreat College provides 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.

Appeals

Montreat College will offer an appeal from a dismissal or determination whether sex-based harassment 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 Decision Maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

If a party appeals a dismissal or determination whether sex-based harassment occurred, Montreat 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 Decision Maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
• Ensure that the Decision Maker for the appeal has been trained consistent with the Title IX regulations;
• Communicate to the parties in writing that Montreat 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.

Any additional procedures or bases for appeal Montreat College offers will be equally available to all parties.

Informal Resolution

In lieu of resolving a complaint through Montreat College Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. Montreat College will inform the parties in writing of any informal resolution process it offers and determines is appropriate, if any. Montreat College will not offer informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the initiation of an informal resolution process, Montreat 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 grievance procedures at any time before agreeing to a resolution;
• That if the parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance 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 Montreat College will maintain and whether and how Montreat College could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed.

Supportive Measures

Montreat College will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the Montreat College education program or activity or provide support during Montreat College Title IX grievance procedures or during the informal resolution process. For complaints of sex-based harassment, these supportive measures may include:

Leave of Absence / Emergency Removal

The College may remove a Respondent from the education program or activity on an emergency basis if the College undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

Employees may be placed on administrative leave/suspension during a grievance process.

Provision does not modify any rights under any other applicable law, including Section 504 of the Rehabilitation Act or the Americans with Disabilities Act.

Requests for Confidentiality; Privacy

Reports made to a Confidential Employee as defined by this Policy are strictly confidential and will not be disclosed including to the Title IX Coordinator or Campus Safety without the Complainant’s consent.

College officials other than Confidential Employees may have reporting responsibilities that prevent them from maintaining confidentiality. Those wishing to report alleged Policy violations should be aware of confidentiality and mandatory reporting requirements when consulting campus resources. If a Complainant requests confidentiality with a non-confidential reporter, the College, through the Title IX Coordinator, will determine whether it can honor the request while still providing a safe and nondiscriminatory environment for the campus community, including the person who reported the harassment.

Privacy is a concept closely related to confidentiality, but they are different. Privacy is the discretion that the College uses in its handling of investigations and disciplinary proceedings under this Policy. All proceedings of informal and formal complaints will be documented. Information related to a report of prohibited conduct and any subsequent investigation will be shared only with those who need to know in order to assist in the assessment, investigation, and resolution of the report and related issues, including, but not limited to the vice president-level supervisor of the Respondent. The College will make reasonable efforts to investigate and address reports of prohibited conduct under this Policy, and information may be disclosed to participants in an investigation as necessary to facilitate the thoroughness and integrity of the investigation. In all such proceedings, the College will take into consideration the privacy of the Parties to the extent reasonably possible.

Amnesty Related to other Policy Violations

To encourage reporting of the acts prohibited by this Policy, the College will not pursue disciplinary action against a student who reports an alleged incident of sexual harassment or misconduct for a violation of College policy occurring at or near the time of the alleged incident of sexual harassment or sexual misconduct, such as personal consumption of alcohol or drugs. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or drug use. Further, the College may offer amnesty related to other policy violations revealed in the process of pursuing a formal complaint.

In addition, or instead of, submitting a report to Montreat College, a Complainant may file a complaint with the United States Department of Education Office for Civil Rights (“OCR”) at any time:

Office for Civil Rights,
District of Columbia Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-1475
Telephone: (202) 453-6020
Fax: (202) 453-6021
Email: OCR.DC@ed.gov

Supportive, Individualized, and Interim Measures

Upon receipt of a report of prohibited conduct, the Title IX Coordinator, in collaboration with other College officials as appropriate, may take whatever supportive measures, individualized, or Interim Measures the Title IX Coordinator deems necessary in order to preserve a Complainant’s and Respondent’s educational experience; protect Parties during an investigation; address safety concerns; maintain the integrity of the investigation or procedure under this Policy. Supportive, individualized, and/or Interim Measures are separate from any disciplinary actions that may be imposed and are not disciplinary in nature. These measures are not a statement of responsibility of the Respondent.

Supportive, Interim, and Individualized Measures include, but are not limited to:

• counseling;
• extensions of deadlines and other course-related adjustments;
• campus escort services;
• increased security and monitoring of certain areas of the campus;
• restrictions on contact applied to one or more Parties;
• leaves of absence;
• a no trespassing order;
• changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative;
• training and education programs related to sex-based harassment;
• reporting to local police.

The College’s intent is to restore or preserve that Party’s access to the Recipient’s educational program or activity, including measures that are designed to protect the safety of the Parties or the Recipient’s educational environment; or provide support during the Recipient’s grievance procedures or during the informal resolution process.

Remedies

• 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 sex discrimination.
• These measures are provided to restore or preserve that person’s access to the Recipient’s education program or activity after a Recipient determines that sex discrimination occurred.
• Example of Remedies:
  • ensuring that a Complainant can move safely between classes and while at school or on campus such as by providing a campus escort or allowing a student to park in the teachers’ parking lot;
  • making changes to class schedules and extracurricular activities to ensure the Complainant and Respondent are separated;
  • making adjustments to student housing;
  • providing services, including medical support and counseling;
  • providing academic resources and support;
  • reviewing any disciplinary actions taken against the Complainant to determine whether there is a causal connection between the sex-based harassment and the misconduct;
  • any other remedies the college deems appropriate.

Disciplinary Sanctions

• Consequences imposed on a Respondent following a determination under Title IX that the Respondent violated the Recipient’s prohibition on sex discrimination.

Filing Complaints

The following persons have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the Recipient investigate and make a determination about alleged discrimination under Title IX:

• A Complainant;
• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant;
• The Title IX Coordinator;
• With respect to complaints of sex discrimination other than sex-based harassment (in addition to the persons listed in (i) through   (iii) of this section)
  • Any student or employee; or
  • Any person other than a student or employee who was participating or attempting to participate in the Recipient’s educational program or activity at the time of the alleged sex discrimination

Montreat College may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when allegations of sex discrimination 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.

Investigation and Grievance/Adjudication Procedures When the Respondent is a Student or Employee

There are two procedures to consider for addressing sexual harassment or sexual misconduct concerns, the Informal Complaint Procedure and the Formal Complaint Procedure. All proceedings of informal and formal complaints will be documented.

Privileged Information

The College will not require, allow, or rely upon, otherwise use questions or evidence that constitute or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such a privilege has waived the privilege in writing.

Treatment of Records

The College will not access, consider, disclose, or otherwise use a Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment of the Party, unless the College obtains that Party’s voluntary, written consent to do so.

Grievance Process

For complaints alleging sex-based harassment, the grievance procedures must:

• Describe the range of supportive measures available to Complainants and Respondents; and
• List or describe the range of the possible disciplinary sanctions that the College may impose and remedies that the Recipient may provide following a determination that sex-based harassment occurred.

Informal and Formal Complaint Procedure

Informal Complaint Procedure

In the Informal Complaint Procedure, a Complainant may discuss a sexual harassment or misconduct concern with the Title IX Coordinator without putting the complaint in writing. During this meeting, the Title IX Coordinator will provide the Complainant with a copy of the Title IX Policy, discuss the informal and formal complaint procedures, offer counseling or other support assistance, and discuss any supportive measures or interim measures that may be needed. A Complainant has the right to access their description of the incident as it was reported to Montreat College at any time. A Complainant may elect to discontinue the informal complaint procedure and commence a formal complaint at any time. The informal complaint procedure will not be employed in cases of sexual assault. If the Complainant elects to move forward with the informal complaint procedure, in order to promptly respond, the Title IX Coordinator should ensure the following procedure is completed within ninety (90) calendar days of the date the complaint is received:

1. Two (2) Grievance Officers will be assigned and will meet with the Complainant to understand the nature of the concern and collect any evidence.
2. The Grievance Officers will then meet with the Respondent to understand the Respondent’s response to the complaint and collect any evidence. The Grievance Officers will do an objective evaluation of all relevant evidence, inculpatory and exculpatory, and avoid credibility determinations based on a person’s status as a Complainant, Respondent, or witness.

The Grievance Officers will provide a written summary of their recommended findings and resolutions to the Title IX Coordinator. Resolution steps could include one or more of the following for students:

• Counseling
• Advising/mentoring/accountability meeting with faculty/staff member
• Reflection paper or formal learning assignment
• Community service
• Participation in educational workshop/online course
• Permanent no contact order
• Letter of apology
• The Title IX Coordinator shares the Grievance Officers’ findings and resolutions with the Adjudicator or Decision-Maker to determine the findings and resolutions.
• The Adjudicator’s or Decision-Maker’s findings and resolutions are communicated to the Complainant and Respondent in writing. If the Parties agree, the resolutions are implemented and the informal process is concluded. If the Parties do not agree upon a resolution, or at any time during the informal process, the Complainant or Respondent may initiate a formal complaint.

The Title IX Coordinator shall keep a written record of the investigation and resolution.

Formal Complaint Procedure

When a complaint cannot be resolved through the informal complaint process or the Complainant or Respondent does not want to pursue the informal complaint process, the Complainant may pursue a formal complaint. The formal complaint process is initiated when a Grievance Form is submitted to the Title IX Coordinator (whether by a Complainant, an employee, a Confidential Employee, or a Responsible Employee). A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information listed under Title IX Coordinator in the Policy.

The Title IX Coordinator can also sign the grievance form alleging sexual harassment against a Respondent requesting that the College investigate the allegation of sexual harassment and states at the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the College. When the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a Complainant or a Party during a grievance process and must comply with requirements for Title IX personnel to be free from conflicts and bias.

The College may consolidate formal complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of sexual harassment arise out of the same facts or circumstances.

The formal complaint procedure begins with an initial meeting between the Complainant and the Title IX Coordinator in which the Title IX Coordinator will provide the Complainant with a copy of the Policy, discuss the formal complaint procedures, offer counseling or other support assistance, and discuss any supportive or Interim Measures that may be needed.

The Title IX Coordinator will determine whether there are any violations of College Policy with which the Respondent could be presented with an alleged charge and which should be investigated, and the initial notice of charge(s) will be communicated to the Respondent by the Title IX Coordinator.

The formal complaint process will be explained to the Respondent, with instructions not to interfere with the investigation process in any way. The Respondent must not retaliate against anyone in the investigation; doing so will be another violation of Policy. The Respondent should know that he/she will have the opportunity to tell his/her story as the complaint is investigated. Any supportive measures or interim measures for the care of the Complainant that may affect Respondent will be explained.

The Respondent should also know that he/she will be presumed as not responsible by the College to be in violation of College Policy until an investigation and live hearing has occurred, including a Hearing Panel that has taken into account the totality of all evidence available, from relevant sources.

The Respondent will be given until the end of the next business day to accept or not accept responsibility and to provide notice to the Adjudicator or Decision-Maker.

If the Respondent accepts responsibility, the Adjudicator(s) or Decision Maker(s) will make a disciplinary decision and inform the Respondent and Complainant in writing concerning the sanction within 72 hours of receipt of the Respondent’s statement.

The Adjudicator(s) or Decision Maker(s) will submit a summary report of findings and sanction(s), as well as measures requested to address Complainant needs, to the Title IX Coordinator. The Coordinator will determine, with the Adjudicator(s) or Decision Maker(s), whether any additional measures to prevent similar incidents should be taken.

If the Respondent does not accept responsibility and withdraws from the College, the Adjudicator(s) or Decision Maker(s) will inform the Complainant and the Title IX Coordinator. The Title IX Coordinator will make sure that sufficient measures have been taken to address the Complainant’s needs resulting from the incident(s) and invite the Complainant to let the Title IX Coordinator know if other needs arise (retaliation, academic accommodations, etc.). The Title IX Coordinator will also investigate to determine whether any measures need to be taken to lessen the likelihood of such incidents taking place again.

• The Title IX Coordinator will assign two Grievance Officers to continue the investigation and file a summary report of findings based on testimony of witnesses and other evidence.
• The Respondent will not be allowed to apply for readmission to Montreat College without the completion of the investigation and hearing process.  

If the Respondent does not accept responsibility and desires to stay at the College, the Adjudicator or Decision-Maker will inform the Complainant and the Title IX Coordinator. The Title IX Coordinator will, in a timely manner, assign two Grievance Officers from the Title IX Team, with no known conflicts of interest and trained to conduct thorough, impartial, and reliable Title IX investigations.

Sexual harassment or sexual misconduct will not be tolerated at Montreat College. An alleged act of sexual harassment or sexual misconduct will be taken seriously, investigated thoroughly by the College and the Complainant may be encouraged to report the offense to the local authorities.

A full investigation will occur if a formal complaint is made by submitting a Grievance Form to the Title IX Coordinator. (See APPENDIX A.) If the Complainant decides not to file a disciplinary charge or participate in an investigation, the College may still have responsibility under federal law to investigate the incident to the best of its ability, in order to prevent further harassment to others on campus or similar incidents in the future and ensure campus safety.

Montreat College shall provide a prompt, fair, and unbiased investigation and resolution. The College will strive to conduct and complete investigations within approximately 45 days of the initial complaint. The investigation team will consist of two Grievance Officers. All interviewed parties will be asked to sign a pledge of honesty prior to providing their testimony and to provide details related to the alleged incident(s), names of witnesses, and provide relevant evidence, as available.

A full investigation of the complaint will be conducted, including interviews with the Complainant, Respondent, and witnesses whose names are provided by the Complainant and Respondent and whose testimony is deemed relevant by the Grievance Officers.

The Grievance Officers will do an objective evaluation of all relevant evidence, inculpatory and exculpatory, and avoid credibility determinations based on a person’s status as a Complainant, Respondent, or witness.

Generally, this Policy will provide for a timeframe of approximately 45 days for the Grievance Officers to submit a written report of findings to a Hearing Panel, consisting of three members from the Title IX Team, who are faculty and/or staff not affiliated with the case. If circumstances, such as semester break or study abroad, warrant an extension of time, the Complainant and Respondent will be notified.

The investigation will be kept as confidential as possible; information will only be disclosed on a “need to know” basis for the purpose of taking steps to provide a healthy campus environment for students and employees. All Parties and witnesses will be advised that the matter is to be kept confidential and that retaliation of any kind is prohibited.

Prior to completion of the investigation report, the college must provide equal opportunity to inspect and review any evidence obtained that is directly related to the allegations. This includes evidence upon which the College does not intend to rely in reaching a determination and inculpatory or exculpatory evidence whether obtained from a Party or other source. This information will be sent to Party and Party’s advisor in hard copy or electronic format. The Party must be given at least 10 days to submit a written response. The investigator must consider that written response before completing the investigation report. All evidence will be available at any hearing.

Both Parties may have an advisor of their choice present at all meetings/proceedings that occur under this Policy. This advisor may be an attorney, parent, counselor, or other support person. The College will provide an advisor free of charge if a Party does not have an advisor. The advisor is required for the live hearing and will conduct cross-examination by asking the questions given to them by the Complainant or Respondent in the proceedings.

Live Hearing With Hearing Panel Process

Within no fewer than ten (10) days of the Parties receiving the report from the Grievance Officers, a live hearing will be scheduled. Both Parties will have access to any information that will be used at the live hearing, including names of the Hearing Panel members, witness list, and documentary evidence. Any conflict of interest between a Party and any member of the Hearing Panel must be disclosed.

At the request of either Party, the College will provide for the live hearing to occur with the Parties located in separate rooms with technology enabling the decision-makers and Parties to simultaneously see and hear the Party answering questions. The live hearing may be conducted with all Parties physically present in the same location or at the College’s discretion, any or all Parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

The College will record the live hearings and make the recording available to the Parties for inspection and review.

During the live hearing the “preponderance of the evidence” standard (i.e. “more likely than not”) will be used rather than the criminal standard (i.e. “beyond a reasonable doubt”). Both Parties will be allowed to present relevant evidence and witnesses, and to question witnesses, but not each other. The Hearing Panel may ask questions of the witnesses and/or the Parties may submit questions to the Hearing Panel to be asked of the Parties and witnesses. The Hearing Panel has full discretion to decide whether to ask questions submitted to it by the Parties. Only relevant cross-examination and other questions may be asked of a Party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the designated chair of the Hearing Panel must first determine whether the question is relevant. If a question is excluded as not relevant, the designated chair must explain the decision to exclude the question.

The decision-makers cannot draw any inference about the determination regarding responsibility based solely on a Party’s witness’s absence from the hearing or refusal to answer cross-examination or other questions.

“Rape shield” protections apply in this process; in other words, questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

The Hearing Panel will deliberate following the hearing and make the final decision regarding responsibility and disciplinary action. Both Parties will receive simultaneous written notice of the outcome of the conduct hearing, including any sanctions imposed on the Respondent that relates directly to the Complainant. Both Parties will be advised to contact the Title IX Coordinator if they experience retaliation or any further incidents.

Written Determination will include:

• Identification of the allegations potentially constituting sexual harassment
• Procedural steps since complaint
• Notices to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, hearings held Supportive Measures Provided
• Finding of fact
• Conclusion regarding application of code of conduct to the facts
• Statement of and rationale for the result as to each allegation
• Determination of responsibility
• Any disciplinary sanctions imposed on Respondent
• Any remedies provided
• Appeal information
• Notice of simultaneous delivery to the Parties
• Notices that the decision becomes final either the date the Parties receive the written determination of the appeal or the date on which the appeal would no longer be timely.

Sanctions

When the Hearing Panel makes a finding of responsibility on the part of Respondent, it shall also recommend appropriate sanctions. The Sanctions may include any of the sanctions that are set forth in the Student Handbook and/or Employee Handbook.

The Hearing Panel may solicit information from the Complainant and the Respondent relevant to determination regarding potential sanctions, including but not limited to impact and mitigation information. In addition, in determining the appropriate sanction, the Review Panel shall consider the following factors:

• The nature and violence of the conduct at issue
• The impact of the conduct on the Complainant
• The impact or implications of the conduct on the community or the College
• Prior misconduct by the Respondent, including Respondent’s relevant prior disciplinary history, including criminal convictions
• Maintenance of a safe and respectful environment conducive to learning
• Protection of the College community
• Any other mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate resolution.

Sanctions will be imposed immediately.

Regardless of the outcome, the Hearing Panel may recommend additional remedies for the Complainant to address the effects of the conduct on the Complainant, restore the Complainant’s access to College programs and activities, and restore the Complainant, to the extent possible, benefits and opportunities lost as a result of the prohibited conduct. The Title IX Coordinator will review the remedies recommended by the Review Panel and will consider the appropriateness of continuing Supportive Measures or Interim Measures.

Appeal

Both Parties may appeal the decision from a dismissal of a formal complaint (or any allegations therein) or regarding responsibility within seven (7) business days by submitting a written request for appeal to the Title IX Coordinator. The written request must articulate at least one of the following grounds:

1. Policies or procedures were not followed that affected the outcome of the case (procedural irregularity);
2. New evidence that was not reasonably available at the time the determination regarding dismissal or responsibility was made that could affect the outcome of the case;
3. The Title IX coordinator, Grievance Officer(s), or Decision Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter;
4. Sanctions were inconsistently or capriciously applied.

The appeal process is as follows:

• The Vice President for Student Life (or designated representative) will review and make the decision on appeal if the Respondent is a student or employee.
• Notification of the other Party in writing when an appeal is filed.
• Both Parties will be given reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. A decision will be communicated within ten (10) business days of receipt of the appeal.
• Both Parties will receive simultaneous written notice of the outcome of the appeal.

The decision of the Adjudicator or Decision Maker on appeal is final.

Employee Investigation and Grievance/Adjudication Procedures When the Respondent

When the Title IX Coordinator receives a report that an employee violated this Policy, the Title IX Coordinator will follow the same process outlined in this policy for employees and consistent with the Employee Handbook, the College’s personnel policies, and all applicable law. The Title IX Coordinator will have the authority to exercise oversight of the investigation and resolution and will ensure that the procedures followed are consistent with the requirements of Title IX and VAWA.

Pregnancy and/or Related Conditions

Pregnancy and or related conditions include

• Pregnancy, childbirth, termination of pregnancy, or lactation;
• Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation;
• Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Notice of  Pregnancy and or Related Conditions

• A Recipient must ensure that when a Complainant (student or employee), or a person who has a legal right to act on behalf of the Complainant, informs any employee of the Complainant’s pregnancy or related conditions, unless the employee reasonably believes that the Title IX Coordinator has been notified, the employee promptly provides that person with the Title IX Coordinator’s contact information and informs that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the Recipient’s education program or activity.

Recipient’s Responsibility to Make Reasonable Modifications

• The Recipient will make reasonable modifications to the Recipient’s policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to the Recipient’s education program or activity. Each reasonable modification must be based on the Complainant’s individualized needs.

Voluntary Leave of Absence

• The College must allow the Complainant to voluntarily take a leave of absence from the College’s education program, workplace, or activity to cover, at minimum, the period of time deemed medically necessary by the Complainants licensed healthcare provider. To the extent that a Complainant qualifies for leave under a leave policy maintained by the College that allows a greater period of time than the medically necessary period, the College must permit the Complainant to take voluntary leave under that policy instead if the Complainant so chooses. When the Complainant returns to the College’s education program or activity, the Complainant must be reinstated to the status that the Complainant held when the voluntary leave began.

Limitation on Requiring Supporting Documentation

• A Recipient must not require supporting documentation unless the documentation is necessary and reasonable for the Recipient to determine the reasonable modifications to make or whether to take additional specific actions.

Lactation Space

• The College must ensure that a lactation space is available and accessible, on an as-needed basis.
  • Must be a space other than a bathroom, and
  • Must be clean, shielded from view, and free from intrusion by others.

Parenting Students

Parental Status means the status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is:

1. A biological parent;
2. An adoptive parent;
3. A foster parent;
4. A stepparent;
5. A legal custodian or guardian;
6. In loco parentis with respect to such a person; or
7. Actively seeking legal custody, guardianship, visitation, or adoption of such a person.

Prevention and Education

Prevention and education training will be offered to all Montreat College students, faculty and staff on a regular basis.

Student Education

Montreat College makes Title IX compliant online training (via Vector Solutions) available to all students on an annual basis.

Employee Education

All employees will receive Title IX compliant and sexual harassment or misconduct training (via Vector Solutions) on an annual basis.

College officials involved in matters related to the Title IX process shall have annual training (via TrainEd) on this Policy and issues related to sexual harassment or sexual misconduct, including reporting procedures and promotion of accountability.

All members of the Title IX Team will receive annual training (via TrainEd) on conducting investigations, and assisting with sexual assault and trauma.

Sexual Harassment/Violence Response

Montreat College takes seriously reports of sexual discrimination, sexual harassment, and sexual violence. The College will respond promptly and fairly to all reported violations of its Policy on Prohibited Sexual Harassment, Discrimination, and Related Misconduct. If you make a report, the College will address as follows:

1. We will respond quickly to your complaint of sexual harassment or sexual violence, and we will treat you with courtesy, sensitivity, dignity, respect and professionalism.
2. You will not be discouraged from making a report.
3. We will meet with you privately, at a place of your choice in this area, to take a complaint report. If you feel more comfortable talking with a female or male, we will grant your request.
4. Information related to a report of prohibited conduct and any subsequent investigation will be shared only with those who need to know in order to assist in the assessment, investigation, and resolution of the report and related issues.
5. We will assist you in arranging for any hospital treatment or other medical needs, and you will be notified of available counseling, mental health or other support  services for individuals reporting sexual harassment and sexual violence, both on campus and in the community.
6. You can request reasonable support services, supportive measures or interim measures and/or protection.
7. We will inform you of your options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying law enforcement, if you so choose.
8. We will explain the College’s process of addressing reported violations, what the Policy does and does not cover, and give you a chance to ask questions.
9. You will be kept up-to-date on the progress of the investigation and/or adjudication of your report, including when the complaint is delivered to the Respondent; a list of Hearing Panel members, witnesses, and documentary evidence included in the hearing; and the outcome and sanction of any adjudication of sexual harassment or violence.
10. During all College Title IX proceedings, you may have an advisor of your choice present.
11. You will not be required to be in the same room as the accused at the same time.
12. You will have the right not to have irrelevant prior sexual history admitted in a campus hearing.
13. We will not use the informal complaint procedure in cases of sexual assault.
14. You will have the right to make an impact statement at a Title IX hearing and to have that statement considered by the Hearing Panel in determining its sanction.
15. You will have the right to appeal the finding and sanction of the conduct hearing consistent with College Policy.
16. We will continue to be available for you, to answer your questions, and to explain the systems and processes involved.

Definitions

Actual knowledge is notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or an official who has authority to institute corrective measures on behalf of the College.

• Notice includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator
• Vicarious liability and constructive notice are insufficient
• Standard not met if the only official with actual knowledge is the Respondent
• The following does not qualify an individual as having the authority to institute corrective measures:
  • Mere ability or obligation to report sexual harassment
  • Ability or obligation to inform a student about how to report
  • Being trained in how to report

Advisor is an individual chosen by the Complainant or Respondent to ask questions during the hearing process. The College will provide an advisor if needed. Of note, the Adviser may be a college employee (instructor, resident director, Coach, other), an attorney, or a parent/guardian so long as the individual is permitted based on FERPA regulations.

Adjudicator/Decision Maker is the facilitator of the Title IX team designated by the College to reach determinations of responsibility or non-responsibility consistent with this Policy.  A Hearing Panel of three (3) employees of the College will make a recommendation to the Adjudicator/Decision Maker.  The Adjudicator/Decision Maker may call a live hearing if determined to be necessary in accordance with the formal hearing process. The Adjudicator/Decision Maker will determine sanctions, if necessary. 

Appeals Officer–A decision maker for appeals submitted after a decision has been made by the Decision Maker. The Dean of Students (or designated representative), in the case of an appeal, acting as the Appeals Officer, has final authority in all Title IX cases.

Complainant means: 

• A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or
• A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.

Complaint means an oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX or its regulations.

Complicity is any act that knowingly aids, facilitates, promotes, or encourages the commission of prohibited conduct by another person.

Consent is voluntary, intentional, freely given agreement to engage in particular sexual activity. Consent is active, not passive, and can be revoked at any time. The absence of “No” is not the equivalent of “Yes.” Consent cannot be gained by force, threats, intimidation, coercion, or by taking advantage of another’s mental or physical incapacitation (including a person’s incapacitation by intoxication). Consent cannot be given by one who is not of legal age. Consent may not be inferred or implied from silence, from lack of active resistance, or from prior consent to sexual acts. Consent may be withdrawn at any time.

Deliberately indifferent is a response to sexual harassment that is clearly unreasonable in light of the known circumstances.

Disciplinary sanctions means consequences imposed on a respondent following a determination under Title IX that the respondent violated the recipient’s prohibition on sex discrimination.

Decision Maker – see Adjudicator or Decision Maker above.

Educational program or activity includes all locations, events, or circumstances over which the College exercises substantial control over both the Respondent and the context in which the sexual harassment occurs. This includes all incidents of sexual harassment occurring on the College campus. Also, includes off-campus conduct if the conduct occurs as part of the College’s operations. The College exercises substantial control over the Respondent and the context of alleged sexual harassment when the conduct occurs at an off-campus building owned or controlled by a student organization officially recognized by the College.

Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt

Formal complaint is a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the allegation of sexual harassment and states that, at the time of filing a formal complaint, the Complainant is participating in or attempting to participate in an education program or activity of the College. A document filed by a Complainant means a document or electronic submission (such as by e-mail or through an online portal provided for this purpose by the College) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint.

Grievance Officer (investigator) is a College employee, or other designee, appointed by the President who is trained to investigate formal and informal complaints of sexual harassment or sexual misconduct.

Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated whenever the individual demonstrates that the individual is unaware of his or her location, present circumstances, or why or how he or she became engaged in a sexual interaction. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug. Alcohol and other drugs impact each individual differently, and determining whether an individual is incapacitated requires an individualized determination.

Inculpatory evidence is evidence that shows, or tends to show, a person’s involvement in an act, or evidence that can establish guilt.

Intimate Partner Violence (which is commonly referred to as dating violence, domestic violence, and relationship violence) is any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, domestic, or other intimate relationship. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction. Intimate partner violence may include any form of prohibited conduct under this Policy.

Party is either the Complainant or Respondent.

Peer Retaliation

• Retaliation by a student against another student or an employee against an employee.

Preponderance of Evidence is the standard by which the Hearing Panel will determine whether there is sufficient evidence to support a finding that a Title IX Policy violation occurred. This means that in order to recommend a finding of responsibility for alleged sexual harassment or sexual misconduct, the Hearing Panel, after considering all of the evidence, must find that the greater weight of evidence indicates that it is more likely than not that the alleged violation occurred. Rape shield protections make it so that a victim’s reputation or previous sexual history cannot be introduced into the evidence.

Recipient is Montreat College.

Relevant means information that is related to the allegations of sex discrimination under investigation as part of the

grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a Decision Maker in determining whether the alleged sex discrimination occurred.

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

Respondent is a person who is alleged to have violated this Policy regarding prohibition of sex discrimination.

Retaliation means intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, 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 the Title IX regulations.

Responsible Employee (or Mandatory Reporter) is a College employee who is obligated to report incidents of alleged sexual harassment or sexual misconduct to the Title IX Coordinator (includes any employee other than identified Confidential Employees). Responsible Employees include faculty, Residence Life staff, Student Life staff, Campus Safety, Academic Affairs staff, Athletics staff, Admissions staff, Financial Services personnel, supervisors of student employees, the Title IX Coordinator, the Title IX Team, the President, and members of Cabinet. A Responsible Employee who receives a report must report all relevant details about the alleged misconduct to the Title IX Coordinator, including the date, time, and location of the alleged misconduct, and the names of the person who provided the report, the individual who experienced the alleged misconduct, the individual(s) accused of committing the alleged misconduct, any other individuals involved in the alleged misconduct.

Sexual Exploitation occurs when an individual takes sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, without effective consent. Examples of sexual exploitation include, but are not limited to, invasion of sexual privacy; recording, photographing, or transmitting intimate or sexual utterances, sounds, or images of another person; allowing third parties to observe sexual activity; engaging in voyeurism, trespassing, or spying; or sexually-based stalking or bullying.

Sexual harassment includes any unwelcome sexual advance, request for sexual favors, and/or other verbal or physical conduct of a sexual nature when:

• Submission to or rejection of such conduct is made either explicitly or implicitly a term of or a condition of education, employment, or participation in College activities;
• Submission to or rejection of such conduct is used as the basis for evaluation in making academic or personnel decisions affecting that individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance, or creating an intimidating, hostile, or offensive working, living, or learning environment.

Examples of sexual harassment include, but are not limited to: slurs, threats, derogatory or suggestive comments,

unwelcome jokes, sexual violence, teasing or sexual advances and other similar verbal or physical conduct,

including e-mail, phone calls, or other online communications.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, that is:

• Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’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;
• 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 recipient’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:
  • The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
  • The type, frequency, and duration of the conduct;
  • The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
  • The location of the conduct and the context in which the conduct occurred; and
  • Other sex-based harassment in the recipient’s education program or activity; or
• Specific offenses.
  • 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; this includes but is not limited to:
    • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim.
    • Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
    • Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.
  • Dating violence meaning violence committed by a person:
    • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
    • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
      • The length of the relationship;
      • The type of relationship; and
      • The frequency of interaction between the persons involved in the relationship;
  • Domestic violence meaning felony or misdemeanor crimes committed by a person who:
    • Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
    • Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
    • Shares a child in common with the victim; or
    • 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
  • Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
    • Fear for the person’s safety or the safety of others; or
    • Suffer substantial emotional distress.

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:

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

Stalking is any course of conduct directed against another person that violates reasonable expectations of personal privacy and that is sufficiently serious to cause physical, emotional, or psychological fear or to create a hostile, intimidating, or abusive environment for a reasonable person. This includes actions or contact through a third party. Examples include but are not limited to: repeatedly contacting or following a person; threats of harm to self, others, or property; trespassing; and surveillance or other related types of observation. Stalking also includes cyber-stalking through electronic media, like the internet, social networks, blogs, cell phones, or text messages.

Title IX Team is a group of trained staff and faculty members appointed by the President, who serve a three-year term. Members will serve in the roles of Grievance Officer, Hearing Panel, Adjudicator/Decision Maker, and Appeals Officer  on a rotating basis. Two team members of each gender will be designated Grievance Officers to investigate complaints on a rotating basis.