Hearing Information & Procedures

Mohawk Valley Community College
Title IX Final Rule 2024
Procedures for Sex-Based Discrimination and Harassment Complaints
(For full information please see Title IX Policies)

General Information

Investigative Processes:

There are three investigative processes that may be used to investigate a complaint for sex-based discrimination or harassment. These are fully explained when the Title IX Coordinator meets with the reporting individual. The Title IX Coordinator will also explain this to the Responding individual. The processes are below:

· Utilize a facilitator/investigator to address the concern via an informal process that will either have the parties together or the parties apart to achieve an agreeable outcome for both the Reporting and Responding individuals. Both parties and the Title IX Coordinator must agree to this informal process. Appeals with this process are not permitted;

Should the Respondent admit responsibility, the Parties will receive simultaneous written notification of the acceptance of responsibility, and the single investigator/decisionmaker will determine the Respondent’s sanction and other remedies, as appropriate and consistent with institutional policy and make that recommendation to the Title IX Coordinator who will approve, modify or dismiss the recommendation. The Title IX Coordinator will facilitate communication to both parties.

· Address the concern via a formal single investigator process whereby the Responding individual will be found Responsible or Not Responsible based on the preponderance of evidence standard. All relevant and admissible evidence will be provided to both parties and questions by either party may be provided to the Investigator/Decision maker to be asked of the opposing Party prior to the conclusion of the process. The Investigator/Decisionmaker then makes a recommendation to the Title IX Coordinator regarding whether the Respondent will be found Responsible or Not Responsible. If the Responding individual is found Responsible, recommended sanctions will accompany the recommendation to the Title IX Coordinator who will approve, modify or dismiss the recommendation. Appeals are permitted by either Party utilizing this process.

· Utilize a Title IX Live Hearing Panel (three members and a non-voting Chair) to address the concern via a formal process. In this case the investigator will conduct a comprehensive investigation and present the summary of that to a Hearing panel. All parties will have the opportunity to review evidence prior to the live hearing. The live hearing includes the Reporter and Advisor, Respondent and Advisor, any witnesses determined to have provided credible evidence, the panel members, non-voting chair and Title IX Coordinator. Upon conclusion of the hearing, the panel and chair will deliberate and provide a finding of Responsible or Not Responsible based on the preponderance of evidence standard. That outcome is provided to the Title IX Investigator and Coordinator. If the Responding individual is found Responsible, recommended sanctions will accompany the recommendation to the Title IX Coordinator who will approve, modify or dismiss the recommendation. Appeals are permitted by either Party utilizing this process.

Note: A Reporting individual always retains the right not to pursue a complaint after filing it. The Title IX Coordinator explains what documentation is preserved and why.

The live hearing may be conducted with all parties physically present in the same geographic location, or, at the request of either party, the Hearing Chairperson must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions.”

At its discretion, Mohawk Valley Community College may delay or adjourn a live hearing based on technological errors not within a party’s control.

All live hearing proceedings will be recorded via an audio recording and provided at either Party's request/expense. That recording or transcript will be made available to the requesting party.

Continuances or Granting Extensions:

Mohawk Valley Community College may determine that multiple sessions or a continuance (i.e. an adjournment for the continuation of the hearing at a later date or time) is needed to complete a hearing. If so, Mohawk Valley Community College will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Participants in the live hearing:

Live hearings are not public, and the only individuals permitted to participate in the hearing are the Reporter, the Respondent, their respective witnesses, their respective advisors, the hearing panel and chair, and the Title IX Coordinator. The parties cannot waive the right to a live hearing. If the hearing is going forward (not withdrawn) it must be a live hearing.

The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence.

Title IX Process:

The Title IX Grievance process is initiated when an oral or written request that objectively can be understood as a request for Mohawk Valley Community College to investigate and make a determination about alleged sex discrimination/harassment at Mohawk Valley Community College has occurred. This request should be filed with the Title IX Coordinator or the Department of Public Safety.

The report shall indicate the alleged violation, name(s) of people involved, if names are known, and a narrative of the alleged violation. The person submitting the written complaint is the “Reporter” and the person(s) alleged to have violated the Title IX policies is the “Respondent.” After an initial Title IX overview meeting with the Title IX Coordinator and concurrence that the complaint should move forward, a Title IX Investigator will be assigned to investigate the complaint.

The Title IX Coordinator strives to conclude the Grievance Process in a reasonably prompt manner. However, the Grievance Process may be extended for a good reason, including, but not limited to, the unavoidable absence of a party or a party's advisor; a significant matter that affects the integrity of the process, as determined by the Title IX Coordinator; concurrent law enforcement activity; or the need for language interpreting service or a request for ADA reasonable accommodations.

Formal - Informal Resolution Processes

The Title IX Grievance complaint report is addressed by either a formal or informal process, as detailed below. The Reporter will indicate whether or not they choose formal or informal at the initial overview meeting with the Title IX Coordinator. The election for formal or informal can be changed at any point, by the Reporter, up until final resolution.

Formal Resolution (may be utilized for any complaint except allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student or such a process would conflict with Federal, State or local law.)

Upon initiation of Mohawk Valley Community College’s Title IX grievance procedure, Mohawk Valley Community College will notify the Parties of the following:

Mohawk Valley Community College’s Title IX grievance procedure;
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 discrimination, and the date(s) and location(s) of the alleged incident(s);
That Retaliation is prohibited; and
The Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

If, in the course of an investigation, Mohawk Valley Community College decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, Mohawk Valley Community College will notify the Parties of the additional allegations.

Investigation – Formal Single Investigator/Decisionmaker Model

Mohawk Valley Community College will provide for adequate, reliable, and impartial investigation of Complaints. The burden is on Mohawk Valley Community College—not on the Parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination/harassment occurred.

Mohawk Valley Community 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. Mohawk Valley Community College will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

Mohawk Valley Community College will provide each Party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible at least 10 days prior to the hearing.

Mohawk Valley Community College will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and

Mohawk Valley Community College will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the Complaint of sex discrimination are authorized.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered), except by Mohawk Valley Community 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 Mohawk Valley Community College obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedure; 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 discrimination or preclude determination that sex discrimination occurred.

Questioning Parties and Witnesses to Aid in Evaluating Allegations and Assessing Credibility

When a party or witness’s credibility is in dispute, and such dispute is relevant to evaluating one or more allegations of sex discrimination, the investigator and/or decisionmaker must have an opportunity to question any party or witness whose credibility is in dispute in a live format.

The investigator/decisionmaker will 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 discrimination. This will occur during individual meetings with a Party or witness.

Each Party shall have the opportunity to propose questions that the Party wants asked of any Party or witness and have those questions asked by the investigator/decisionmaker during one or more individual meetings, including follow-up meetings, with a Party or witness, subject to the appropriate procedures outlined herein regarding the decisionmaker’s advance evaluation of all questions. Each Party will be provided with an audio or audiovisual recording or transcript with enough time for the Party to have a reasonable opportunity to propose follow-up questions.

Advisor Role in Single Investigator/Decisionmaker Model

The Reporter and Respondent are both permitted to have an advisor present at any point during the Title IX Grievance Process. The advisor does not need to be a member of the MVCC Community and can be an attorney. The advisor(s) may not speak for either party at any point. The College will provide an advisor upon request by either party.

Investigation - Formal Live 3-Person Hearing Model

If a Reporting individual chooses a formal 3-person hearing model to resolve the complaint, all of the above processes regarding the investigation are followed. The difference is that the Investigator will prepare an Investigative Summary and Report that will be provided to the hearing panel without recommendation regarding responsibility. The panel will make that determination. The following applies:

No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may any member of the hearing body serve on the appeals body in the case.
No member of the hearing body will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
The hearing body will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
The parties will have an opportunity to raise any objections regarding a decision-maker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.
The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination.
The parties are not permitted to conduct cross-examination; the advisor must conduct it. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
The advisor is not prohibited from being a witness in the matter.
If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf.
If neither a party nor their advisor appear at the hearing, Mohawk Valley Community College will provide an advisor to appear on behalf of the non-appearing party.

Witnesses

Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from retaliation.
If a party or witness provides statements that are otherwise permitted under the Title IX Final Rules, the decision-maker may consider those statements even if the party or witness does not appear at the hearing. The decision-makers may afford lesser weight to initial statements that cannot be corroborated or cross-examined during the live hearing. Such out-of-hearing statements may include:

Statements made by parties or witnesses during the investigation.
Emails or text exchanges between the parties leading up to the alleged sexual harassment.
Statements about the alleged sexual harassment that are otherwise “relevant” under the Title IX regulations.
Statements contained in police reports.
Statements contained in Sexual Assault Nurse Examiner (SANE) reports.
Statements contained in medical reports

Hearing Procedures

For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:

The chairperson will open and establish rules and expectations for the hearing;
The parties will each be given the opportunity to provide opening statements;
The decision-makers will ask questions of the parties and witnesses;
Parties may not conduct cross examination as this role is reserved for the Parties’ Advisor. The Parties’ Advisor will be given the opportunity for live cross-examination after the decision-makers conduct their initial round of questioning; during the parties’ cross-examination, the chairperson or the decision-makers will have the authority to pause cross-examination at any time for the purposes of asking follow up questions or at any time necessary in order to enforce the established rules of decorum.
Should a party or the party’s advisor choose not to cross-examine a party or witness, the party shall affirmatively waive cross-examination through oral statement to the chairperson. A party’s waiver of cross-examination does not eliminate the ability of the decision-makers to use statements made by the party.

Advisor Role - Formal Live 3-Person Hearing Model

The Reporter and Respondent are both permitted to have an advisor present at any point during the Title IX Grievance Process. The advisor does not need to be a member of the MVCC Community and can be an attorney. The advisor(s) may not speak for either party at any point, except for cross-examination of any party during a Formal Hearing. The College will provide an advisor upon request by either party.

Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination, the advisor will ask the other party or parties and witnesses’ relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.

Before any cross-examination question is answered, the chairperson will determine if the question is relevant. (See Addendum A – Relevance Document). Cross-examination questions that are duplicative of those already asked, including by the decision-makers may be deemed irrelevant if they have been asked and answered.

Review of Transcript

Requests for transcription of the formal hearing may be made and MVCC will hire a professional transcription service (at the student's expense). Upon completion, the transcription service will provide two copies to MVCC. MVCC will review the transcript for accuracy before release to the student who requested and paid for the transcription.

Determination Regarding Responsibility

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

Use the preponderance of the evidence standard of proof to determine whether sex discrimination 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 by the evidence, under the applicable standard, that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination or sex-based harassment occurred.
Notify the Parties in writing of the determination whether sex discrimination or sex-based harassment occurred under Title IX, including the rationale for such determination, and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable;
Not impose discipline on a Respondent for sex discrimination or sex-based harassment prohibited by Title IX unless there is a determination at the conclusion of the grievance procedure that the Respondent engaged in prohibited sex discrimination.
If there is a determination that sex discrimination or sex-based harassment occurred, the Title IX Coordinator will, as appropriate:
- Coordinate the provision and implementation of remedies to a Complainant and other people Mohawk Valley Community College identifies as having had equal access to Mohawk Valley Community College’s Education Program or Activity limited or denied by sex discrimination or sex-based harassment;
- 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/sex-based harassment does not continue or recur within Mohawk Valley Community College’s Education Program or Activity.
Comply with the grievance procedure before the imposition of any disciplinary sanctions against a Respondent; and not discipline a Party, witness, or others participating in the grievance procedure for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination or sex-based harassment occurred.

Formal Resolution: Employee Respondent

A formal resolution of a case involving an employee as the respondent results in a determination of whether or not the respondent is responsible for the alleged violation(s) by investigation and in accordance with the preponderance of evidence standard of “more likely than not.” This determination is made after an investigation into the allegation, followed by a recommendation to the Title IX Coordinator. All of the above steps are conducted by a Human Resources designated/trained Title IX Investigator as assigned by the Title IX Coordinator.

If the Formal Complaint alleges quid pro quo harassment by an employee against a student that allegedly led to an actual sexual relationship or sexual activity, or if it alleges sexual assault, or domestic violence, the hearing will be held before a three-member panel, unless convening a three-member panel would present significant logistical or substantive problems. In that case, the investigator who accomplished the investigation will make a recommendation to the Title IX Coordinator based on the finding of the investigatory process about whether a violation has occurred. Either form of hearing will lead to a finding of Responsible or Not Responsible, and a recommendation for discipline if appropriate.

Any recommendation of discipline for an employee that is made to the Title IX Coordinator will be reviewed by the Title IX Coordinator with the Executive Director of Human Resources to ensure compliance with applicable collective bargaining agreements and College policies.

Communication of Outcome

The Investigator will communicate with the Reporter and Respondent separately to relay the decision within three (3) business days following the response of the Title IX Coordinator for both the Single Investigator or 3-person panel models. Individual meetings may be scheduled but are at the discretion of the Investigator.

Appeals

Please see the end of this document for information on appeals which are available for Formal outcomes. Appeals are not permitted with Informal Outcomes.

Informal Resolution

Procedures for Entering and Exiting Informal Resolution Process

At any time prior to determining whether sex discrimination occurred under this Grievance Procedure, including prior to making a Complaint,[1] Mohawk Valley Community College may offer to a Complainant and Respondent an informal resolution process to resolve the allegations of Sex Discrimination, unless the complaint includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student or such a process would conflict with Federal, State or local law.

The Parties may voluntarily elect to enter the Mohawk Valley Community College’s informal resolution process at any time through an informed written Consent. This informed written Consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.

No Party may be required to participate in informal resolution, and Mohawk Valley Community College may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.

The Parties may elect to leave the informal resolution process at any point until the informal resolution process is concluded. If a Party elects to leave the informal resolution process, the Grievance Procedure that the Parties paused will continue. In participating in the informal resolution process, the Parties understand that the timeframes governing the Grievance Procedure will temporarily cease, and only reinstate upon reentry into the Grievance Procedure.

Supportive Measures will be available, or continue to be available if already provided, during an informal resolution process, if elected to proceed. The Title IX Coordinator will also, to the extent necessary, take other appropriate prompt and effective steps to ensure that Sex Discrimination does not continue or recur within Mohawk Valley Community College’s Education Program or Activity.

Notice Prior to Entry Into Informal Resolution Process

Before the initiation of an informal resolution process, the Title IX Coordinator must provide to the Parties a written notice that explains:

The allegations;
The requirements of the informal resolution process;
That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume Mohawk Valley Community College’s Grievance Procedure;
That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming Mohawk Valley Community College’s Grievance Procedure 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 Mohawk Valley Community College will maintain and whether and how Mohawk Valley Community College could disclose such information for use in its Grievance Procedure if initiated or resumed.

Determination to Approve Entry into Informal Resolution Process[2]

Even where the Parties agree to submit a matter to informal resolution, the Title IX Coordinator or other designated official must approve the decision to move the matter to the informal resolution process and may determine that informal resolution is not appropriate under the circumstances.

Factors that the Title IX Coordinator or other designated official may weigh in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat offender, whether the alleged conduct would present a future risk of harm to others, and whether the Parties are participating in good faith. This determination is not subject to appeal.

At any time after the commencement of the informal resolution process, the Title IX Coordinator or other designated official may determine that the informal resolution process is not an appropriate method for resolving the matter and may require that the matter be resolved through the Grievance Procedure. This determination is not subject to appeal.

If informal resolution is approved or denied, the Title IX Coordinator will provide that decision in writing simultaneously to the Parties. If informal resolution is moving forward, the Title IX Coordinator shall also provide the information of the investigator in writing to the Parties in a reasonable timeframe once the facilitator/investigator is assigned.

Role of the Investigator

Informal resolution processes are managed by trained investigators and facilitated by the Title IX Coordinator. The investigator for the informal resolution process must not be the same person as the investigator or decisionmaker in the recipient’s formal grievance procedures if that were to be pursued as a change of course during the informal procedure. Any person designated to facilitate an informal resolution process must not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

All investigators must have specialized training, required by law and regulation. Such training includes:

Mohawk Valley Community College’s obligation to address sex discrimination, including Sex-Based Harassment, in its Education Program or Activity;
The scope of conduct that constitutes sex discrimination, including Sex-Based Harassment, under Title IX, including the definition of Sex-Based Harassment;
All applicable notification and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and Mohawk Valley Community College’s response to sex discrimination or sex-based harassment;
The rules and practices associated with Mohawk Valley Community College’s informal resolution process; and
How to serve impartially, including by avoiding conflicts of interest and bias.

Contents of Informal Resolution Agreements

Potential terms that may be included in an informal resolution agreement between the Parties include but are not limited to:

Restrictions on contact; and
Restrictions on the Respondent’s participation in one or more of Mohawk Valley Community College’s education programs or activities or attendance at specific events, including restrictions Mohawk Valley Community College could have imposed as Remedies or Disciplinary Sanctions had Mohawk Valley Community College determined at the conclusion of the Grievance Procedure that Sex-Based Harassment occurred.

Breach of Informal Resolution Agreements[3]

If a Party breaches the resolution or if Mohawk Valley Community College has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, Mohawk Valley Community College may void the agreement and initiate or resume the Grievance Procedure.

Confidentiality:

In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Complaint are confidential while the Parties participate in the informal resolution process. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any Party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. Should the Parties withdraw from the informal resolution process, information disclosed or obtained for purposes of the informal resolution process may be incorporated into the Grievance Procedure, provided that this information is disclosed and reviewed by the Parties under Mohawk Valley Community College’s Grievance Procedure.

Informal Resolution Options

Mohawk Valley Community College offers the following informal resolution procedures for addressing Complaints of sex discrimination described under this Grievance Procedure

Administrative Resolution

Should the Parties mutually determine to enter the informal resolution process, and the Respondent elects to accept responsibility for the allegations of the Complaint at any point during the informal resolution process, Mohawk Valley Community College may administratively resolve the Complaint.

Where the Respondent admits responsibility, the Parties will receive simultaneous written notification of the acceptance of responsibility, and the investigator will determine the Respondent’s sanction and other Remedies, as appropriate and consistent with institutional policy and make that recommendation to the Title IX Coordinator. The Title IX Coordinator will either agree with the recommendation, make a request to modify the recommendation or dismiss the recommendation. Upon completion of that step, the Parties will be given an opportunity to be heard at the sanctions hearing, including without limitation, the submission of impact statements. The Parties may be accompanied by their Advisor, but questioning of Parties or witnesses will not be permitted. The Parties will receive simultaneous written notification of the decision regarding sanctions and Remedies, which may be appealed according to the process described below.

Mediation

The purpose of mediation is for the Parties who are in conflict to identify the implications of a student’s actions and, with the assistance of a trained investigator, identify points of agreement and appropriate remedies to address them. Either Party can request mediation to seek resolution; mediation will be used only with the Consent of both Parties, who will be asked not to contact one another during the process. The Title IX Coordinator will also review any request for mediation and may decline to mediate based on the facts and circumstances of the particular case. Either Party has the right to terminate the mediation process and choose or resume another option for resolution at any time.

The mediation process will typically commence within 10 days after the Investigator receives Consent to mediate from both Parties, and has made the determination to allow informal resolution to go forward. Mediation will continue until concluded or terminated by either Party, the investigator, or the Title IX Coordinator. During mediation, any potential investigation will halt, and calculations for time frames will be stayed. If the mediation results in a resolution, the disciplinary process will be concluded, and the matter will be closed. If a resolution cannot be reached, the matter will be referred to the Title IX Coordinator to re-evaluate other options for resolution, including investigation or proceeding forward with the formal Grievance Procedure.

During mediation, an investigator will guide a discussion between the Parties. In circumstances where the Parties do not wish to meet face to face, either Party can request “caucus” mediation, and the investigator will conduct separate meetings. Whether or not the Parties agree to meet face to face, each Party will be permitted to bring an advisor of their choice to any meetings who may be, but is not required to be, an attorney.

At the conclusion of the mediation, the Title IX Coordinator will facilitate the agreement that was reached between the Parties and memorialize it in writing for both parties to sign either in person together or separately or electronically. The Title IX Coordinator will monitor adherence to the proposed solution and close the matter when compliance is satisfactory.

Retaliation

Mohawk Valley Community College will keep the identity of any individual who has made a report or complaint of sex-based discrimination/harassment confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under the Title IX Policies, any Reporter, any individual who has been reported to be the perpetrator of sex-based discrimination/harassment, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, including the conduct of any investigation, hearing, or judicial proceeding under these Title IX Policies.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Policy.

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex-based discrimination/harassment, but that arise from the same facts or circumstances as a report or complaint of sex-based discrimination/harassment or a report or Formal Complaint of sex-based harassment. Please see Mohawk Valley Community College’s Amnesty Policy. https://www.mvcc.edu/title-ix/.

Complaints alleging retaliation may be brought to the attention of the Title IX Coordinator and corrective action will be taken.

Appeals

Either party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) business days of being notified of the decision, indicating the grounds for the appeal. Each appeal begins with a written request for appeal, and must be based upon one of the following limited grounds for appeal:

A procedural irregularity existed that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter, has been discovered;
The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.

The submission of the written request for appeal stays any sanctions for the pendency of the appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, Mohawk Valley Community College will as soon as practicable notify the other party in writing of the appeal, however, the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal.

Appeal requests should be submitted in electronic form using Arial or Times New Roman 12 point font and single-spaced. Appeals should use footnotes, not endnotes. Appeal requests that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.

Appeal requests will be decided by the Non-Academic Appeals Committee. Mohawk Valley Community College will ensure that members of the Non-Academic Appeals Committee will be free of any conflict of interest and bias, and have not served as investigator(s), Title IX Coordinator(s), or hearing decision-maker(s) in the matter under appeal.

Outcome of appeal requests will be provided by the Title IX Coordinator on behalf of the Non-Academic Appeals Committee.

If an Appeal request is granted, the Appeal Hearing Committee will be convened. Mohawk Valley Community College will ensure that members of the Appeal Hearing Committee will be free of any conflict of interest and bias, and have not served as investigator(s), Title IX Coordinator(s), or hearing decision-maker(s) in the matter under appeal.

The outcome of the Appeal Committee will be provided to the Title IX Coordinator, who will provide the outcome in writing simultaneously to both parties and include the Committee’s rationale for the decision.

The following timeline outlines the appeal process. The appeal process below is for students. If the Respondent is an employee and is found responsible, the College will address any findings in accordance with College policy and procedures as well as the applicable collective bargaining agreement, if any.

Appeal Timeline

Days from Sanction
5 days	Petitioner must request appeal within 5 business days of receipt of sanction to the sanctioning Investigator.
Days from Investigator’s receipt of Appeal
4	Investigator notifies Non-Academic Appeals Committee Chairperson who initiates meeting of designated committee members to consider the request.
6	Non-Academic Appeals Committee Chairperson renders the committee’s decision regarding appeal request and communicates that to the student and to the Title IX Coordinator. The Title IX Coordinator communicates the decision on behalf of the Committee.
8	Appeal is scheduled if approved.
10	Date, time, and location of appeal is communicated in writing to the appealing student. Hearing format provided to student.
14	Appeal hearing held.
16	Decision of hearing is communicated to the Investigator and Title IX Coordinator.

If disciplinary action is necessary, it will be taken according to Board of Trustees Policies, collective bargaining agreements, Civil Service Law, the Student Disciplinary or Title IX procedures as appropriate.

In the case of sexual violence, if a Respondent is a student and is found responsible, the automatic sanction is expulsion and a permanent notation will be placed on the transcript noting the same. If the Respondent withdraws prior to the conclusion of an investigation that involves sexual violence, a permanent notation will be placed on the transcript and will indicate that the student withdrew pending the outcome of a Title IX investigation.

[2] 34 C.F.R. § 106.44(k)(1)(i) provides that Mohawk Valley Community College has discretion to determine whether it’s appropriate to offer.

[3] 89 FR 33625.

Hearing Information & Procedures

Hearing Information & Procedures

Days from Sanction

Days from Investigator’s receipt of Appeal